In the end Gamelin succeeded. Young Maubel was served with his act of accusation and brought before the Revolutionary Tribunal on the 19 Brumaire.
From the first opening of the sitting the President showed the gloomy and dreadful face he took care to assume for the hearing of cases where the evidence was weak. The Deputy Prosecutor stroked his chin with the feather of his pen and affected the serenity of a conscience at ease. The Clerk read the act of accusation; it was the hollowest sham the Court had ever heard so far.
The President asked the accused if he had not been aware of the laws passed against the émigrés.
"I was aware of them and I observed them," answered Maubel, "and I left France provided with passports in proper form."
As to the reasons for his journey to England and his return to France he had satisfactory explanations to offer. His face was pleasant, with a look of frankness and confidence that was agreeable. The women in the galleries looked at the young man with a favourable eye. The prosecution maintained that he had made a stay in Spain at the time that Nation was at war with France; he averred he had never left Bayonne at that period. One point alone remained obscure. Among the papers he had thrown in the fire at the time of his arrest, and of which only fragments had been found, some words in Spanish had been deciphered and the name of "Nieves."
On this subject Jacques Maubel refused to give the explanations demanded; and, when the President told him that it was in the accused's own interest to clear up the point, he answered that a man ought not always to do what his own interest requires.
Gamelin only thought of convicting Maubel of a crime; three times over he pressed the President to ask the accused if he could explain about the carnation the dried petals of which he hoarded so carefully in his pocket-book.
Maubel replied that he did not consider himself obliged to answer a question that had no concern with the case at law, as no letter had been found concealed in the flower.
The jury retired to the hall of deliberations, favourably impressed towards the young man whose mysterious conduct appeared chiefly connected with a lover's secrets. This time the good patriots, the purest of the pure themselves, would gladly have voted for acquittal. One of them, a ci-devant noble, who had given pledges to the Revolution, said:
"Is it his birth they bring up against him? I, too, I have had the misfortune to be born in the aristocracy."