The accusation must then come before the jury, armed at all points, with abundant proofs. A task often tedious to the investigating magistrate, and bristling with difficulties, is the arrangement and condensation of this evidence, particularly when the accused is a cool hand, certain of having left no traces of his guilt. Then from the depths of his dungeon he defies the assault of justice, and laughs at the judge of inquiry. It is a terrible struggle, enough to make one tremble at the responsibility of the magistrate, when he remembers, that after all, this man imprisoned, without consolation or advice, may be innocent. How hard is it, then for the judge to resist his moral convictions!
Even when presumptive evidence points clearly to the criminal, and common sense recognises him, justice is at times compelled to acknowledge her defeat, for lack of what the jury consider sufficient proof of guilt. Thus, unhappily, many crimes escape punishment. An old advocate-general said one day that he knew as many as three assassins, living rich, happy, and respected, who would probably end by dying in their beds, surrounded by their families, and being followed to the grave with lamentations, and praised for their virtues in their epitaphs.
At the idea that a murderer might escape the penalty of his crime, and steal away from the assize court, old Tabaret’s blood fairly boiled in his veins, as at the recollection of some deadly insult.
Such a monstrous event, in his opinion, could only proceed from the incapacity of those charged with the preliminary inquiry, the clumsiness of the police, or the stupidity of the investigating magistrate.
“It is not I,” he muttered, with the satisfied vanity of success, “who would ever let my prey escape. No crime can be committed, of which the author cannot be found, unless, indeed, he happens to be a madman, whose motive it would be difficult to understand. I would pass my life in pursuit of a criminal, before avowing myself vanquished, as Gevrol has done so many times.”
Assisted by chance, he had again succeeded, so he kept repeating to himself, but what proofs could he furnish to the accusation, to that confounded jury, so difficult to convince, so precise and so cowardly? What could he imagine to force so cunning a culprit to betray himself? What trap could he prepare? To what new and infallible stratagem could he have recourse?
The amateur detective exhausted himself in subtle but impracticable combinations, always stopped by that exacting jury, so obnoxious to the agents of the Rue de Jerusalem. He was so deeply absorbed in his thoughts that he did not hear the door open, and was utterly unconscious of the magistrate’s presence.
M. Daburon’s voice aroused him from his reverie.
“You will excuse me, M. Tabaret, for having left you so long alone.”
The old fellow rose and bowed respectfully.