It was a quarter past eight o'clock when the usher's call rang out, and the Court entered. The assembly arose and then sat down again. Marc, who remembered the violence of the spectators at Beaumont, who from growls had passed to vociferations, was astonished by the heavy quietude preserved by the present onlookers, though he divined that they were swayed by the same passions, and remained mutely eager for slaughter, as if they were lying in ambush in some sombre nook. The sight of the prisoner had scarcely wrung a low murmur from them; and now while the judges took their seats, they relapsed into their attitude of dark expectancy. Again, compared with the rough and jovial Gragnon, the new presiding judge, Guybaraud, surprised one by his perfect courtesy, his unctuous gestures, his insinuating speech. He was a little man, whose manner was all smiles and gentleness, but an odour of the sacristies seemed to emanate from his person, and his grey eyes were as cold and as cutting as steel. Nor was the difference less remarkable between the former Procureur de la République, the brilliant Raoul de La Bissonnière, and Pacart, the present one, who was very long, slender, and lean, with a yellow, baked face, as if he were consumed by a desire to efface his equivocal past and make a rapid fortune.
After the first formalities, when the jury had been empanelled, an usher called the names of the witnesses, who, one by one, withdrew. Marc, like the others, had to leave the hall. Then, in a leisurely way, President Guybaraud began to interrogate Simon, putting his questions in a tone of voice that suggested the coldness of a blade, handled with deadly skill and precision. That interminable examination, which lingered over the slightest incidents of the old affair, and insisted on the charge which the inquiry of the Court of Cassation had destroyed, proved quite a surprise. Some clearing of the ground, an examination on the questions set by the supreme jurisdiction, was all that had been expected; but it at once became evident that the Assize Court of Rozan did not intend to take any account of the facts established by that jurisdiction, and that the presiding judge meant to avail himself of his discretionary powers to deal with the entire case from the very beginning. Soon, indeed, by the questions which he asked, one understood that nothing of the old indictment had been relinquished. It was again alleged that Simon had returned from Beaumont by rail, that he had reached Maillebois at twenty minutes to eleven o'clock, and that soon afterwards he had committed the crime. At this point, however, the new version of the Jesuits—necessitated by the discovery at Father Philibin's—was interpolated, and the prisoner was accused of having procured a copy-slip, of having caused a false stamp to be made, and of having forged on the slip the initials of Brother Gorgias. Thus that childish story, which Gorgias himself had deemed so idiotic that he had admitted the authenticity of the slip and the paraph, was retained. While nothing was abandoned of the original charges, a gross invention was brought forward in support of them; and everything was again based on the famous report of the experts, Masters Badoche and Trabut, who clung to their original statements in spite of Brother Gorgias's formal admissions. And the Procureur de la République, as if to leave no doubt of his own views, intervened in order to extract precise statements from the prisoner with respect to his denials on the question of the false stamp.
Simon's demeanour during that long examination was regarded as pitiful. Many of his partisans had dreamt of him as a justiciar, armed with the thunderbolts of heaven, and rising like an avenger from the grave into which he had been thrust by iniquitous hands. And as he answered politely in a voice which still quivered feverishly, and with none of the outbursts that had been anticipated, the disappointment was extreme. His enemies once more began to say that he virtually confessed his crime, the ignominy of which they found stamped upon his unprepossessing countenance. Only at one moment did he become excited, display any passionate fervour. This was when the judge spoke to him of the false stamp of which he heard for the first time. It should be added that no proof was supplied respecting that stamp; the prosecution contented itself with relating that an unknown workman had confided to a woman that he had secretly done a curious job for the schoolmaster of Maillebois. Confronted, however, by the sudden violence of Simon, the judge did not insist on the point, particularly as Delbos had risen, prepared to raise an 'incident.' And the public prosecutor merely added that, though they had failed to find the unknown workman, he reserved to himself the right of insisting on the serious probability of the alleged occurrence.
In the evening, when David related what had occurred at that first sitting, Marc, who divined some fresh iniquity, felt a pang at the heart. Assuredly the greatest crime of all was now in preparation. He was not astonished by the calm and unobtrusive bearing of Simon, who was confident in the strength of his innocence, and incapable of an outward show of emotion.[3] But he perfectly understood the bad effect which had been produced; while, from the aggressive coldness of the presiding judge, and the importance the latter gave to the most trivial matters, already elucidated, he derived a disastrous impression, a quasi-certainty that a fresh conviction was impending. On hearing him, David, from whom he thought it wrong to hide his anxiety, could only with difficulty restrain his tears, for he also had quitted the Palace of Justice in despair, full of a dreadful presentiment.
[3] This was a marked characteristic of the unfortunate Captain Dreyfus, whose demeanour at the trial at Rennes produced such an unfavourable impression on sundry foolish English 'special correspondents,' that they veered round and began to regard the prisoner as guilty, quite irrespective of the evidence. As one who has witnessed many criminal trials, who has been a juror and the foreman of a jury, I feel that everything that has been written to my knowledge in English literature respecting the 'proper' demeanour of an innocent man is nonsense and nothing else.—Trans..
However, the following days, which were entirely devoted to the hearing of evidence, brought back some courage and illusion. The former witnesses for the prosecution were first examined, and one again beheld a procession of railway employés and octroi officials, who contradicted one another on the question whether Simon, on the night of the crime, had returned to Maillebois by train or on foot. Marc, who wished to follow the case, had asked Delbos to have him called as soon as possible, and this being done he gave evidence respecting the discovery of poor little Zéphirin's body. He was then able to seat himself once more beside David, who still occupied a corner of the small space allotted to the witnesses. And thus Marc was present at the first 'incident' raised by the counsel for the defence, who had retained all his bravery and self-possession in spite of the cruel blow which had lately struck him in the heart.
He rose to demand the attendance of Father Philibin and Brothers Fulgence and Gorgias, who, said he, had been duly cited. But the presiding judge briefly explained that the citations had reached neither Father Philibin nor Brother Gorgias, both of whom, no doubt, were abroad, though their exact whereabouts was not known. As for Brother Fulgence, he was seriously ill, and had sent a medical certificate to that effect. Delbos insisted, however, with respect to Brother Fulgence, and ended by obtaining a promise that he should be visited by a sworn medical man. Then, also, the advocate was unwilling to content himself with a letter in which Father Crabot, while urging his occupations, his confessional duties, as an excuse for absence, declared that he knew nothing whatever of the affair; and, in spite of the acrimonious intervention of the Procureur de la République, Delbos again carried his point—that the Court should insist on the attendance of the Rector of Valmarie. However, this first collision fomented anger, and from that moment conflicts continually arose between the judge and the advocate.
The day's sitting ended amidst an outburst of emotion, occasioned by the unexpected character of the evidence given by assistant-teacher Mignot. Mademoiselle Rouzaire, as bitter and as positive as ever, had just reaffirmed that, at about twenty minutes to eleven o'clock, she had heard the footsteps and the voice of Simon coming in and speaking with Zéphirin—which evidence had weighed so heavily on the prisoner at the previous trial—when Mignot, following her at the bar, retracted the whole of his former statements in a tone of wondrous frankness and emotion. He had heard nothing; he was now convinced of Simon's innocence, and adduced the weightiest reasons. Mademoiselle Rouzaire was then recalled, and there came a dramatic confrontation, in which the schoolmistress ended by losing ground, becoming embarrassed in her estimate of the hour, and finding nothing to answer when Mignot pointed out that it was impossible to hear from her room anything that took place in little Zéphirin's. Marc was recalled to confirm Mignot's demonstration, and at the bar he found himself for a moment beside Inspector Mauraisin, who, being asked for his opinion respecting the prisoner and the witnesses, endeavoured to get out of his difficulty by indulging in extravagant praise of Mademoiselle Rouzaire's merits, while saying nothing particular against Mignot or Marc, or even Simon, at a loss as he was to tell what turn the case might take.
The next two sittings of the Court proved even better for the defence. The question of hearing a part of the evidence in camera, which had impassioned people at the first trial, was not even put, for the presiding judge did not dare to raise it. It was in public that he interrogated Simon's former pupils, boys at the time of the crime but now grown men, for the most part married. Fernand Bongard, Auguste and Charles Doloir, Achille and Philippe Savin came in succession to relate the little they remembered, and their statements were favourable to the prisoner rather than the reverse. Thus ended the abominable legend built up by the help of the former proceedings in camera, the legend of horrible charges with which, it had been said, one could not possibly soil the ears of an audience composed partially of women.
However, the sensational evidence of the sitting was that given by Sébastien and Victor Milhomme. In accents of emotion Sébastien, now two and twenty years of age, explained the falsehood of his childhood, the alarm of his mother, the suppression of the truth, which he and she had expiated after prolonged torture. And he stated the facts such as they really were, how he had seen a copy-slip in the hands of his cousin Victor, how that slip had disappeared, how it had been found again, and given up when his mother, grief-stricken beside his bed of sickness, had deemed herself punished for her bad action. As for Victor, when his turn came to testify, in order to please his mother, who did not wish to compromise the stationery business any further, he feigned total forgetfulness, the obtuseness of a big fellow who had no memory. No doubt he must have brought the copy-slip from the Brothers' school, as it had been found, but he knew nothing, he could say nothing further.