Thus one could divine the form which the 'act of accusation' or indictment would take. It would set forth that Simon lied, and that he had assuredly returned from Beaumont by train, and must have reached his home at the very time when Mademoiselle Rouzaire declared that she had heard him. On the other hand it seemed certain that little Zéphirin, after returning from the Capuchin Chapel at ten o'clock, had not gone to bed immediately, but had amused himself by arranging some religious pictures on his table, in such wise that one might say the crime had been committed between a quarter to eleven and eleven o'clock.
It was easy to picture the scene. Simon, seeing a light, had entered his nephew's room, and found him there, about to get into bed. Arriving from a banquet, heated by wine, he had yielded to a fit of abominable madness. Moreover, he hated the child, he was infuriated by the fact that he was a Catholic, and thus it was allowable to hint at the possibility of ritual crime, at the horrible legend fixed in the minds of the masses. But, at all events, there certainly had been abomination; and the maddened criminal, after thrusting the first thing he had at hand into the victim's mouth in order to stifle his cries, had lost his head, and, frantic with terror, had strangled the lad when the improvised gag fell out and the cries began afresh, more terrible than ever. It was not so easy to explain how it happened that the number of Le Petit Beaumontais and the copy-slip had been mingled together. Doubtless the newspaper had been in Simon's pocket, for the boy would not have had one in his possession. As for the copy-slip, the prosecution, after hesitating slightly, had adopted the view that this also must have been in Simon's pocket, for the report of the handwriting experts identifying the initials showed that it belonged to him.
The crime accomplished, the rest was easily explained. Simon left the body on the floor, touched nothing in the room, but contented himself with opening the window widely in order to make it appear that the murderer had come from outside. In one respect he had blundered badly, he had not thought of picking up and destroying the newspaper and the copy-slip, which had rolled to the foot of the bed. This showed how great had been his perturbation. And, doubtless, he had not immediately joined his wife, as she fixed the hour of his return at twenty minutes to twelve. In all probability he had spent some time seated on the stairs, trying to recover his calmness. The prosecution did not go so far as to charge Madame Simon with complicity; nevertheless, it gave out that she did not tell the truth when she spoke of the smiling quietude, the gay affection displayed by her husband that night; and a proof of her disregard for veracity was to be found in the evidence of Mignot, who was astonished that his principal should have risen so late the next morning, and who asserted that he had found him pale and shivering, scarce able to walk, when he went to tell him the dreadful tidings. Mademoiselle Rouzaire, Brother Fulgence, and Father Philibin agreed that Simon had almost fainted at the sight of the little body, although in other respects he showed the most revolting dryness of heart. And in this again was there not an overwhelming proof of culpability? The wretched man's guilt could be doubted by none.
Having thus explained the views of the prosecution, Delbos resumed: 'The moral impossibilities are gross; no man of good sense will think Simon guilty, and, besides, there are several material improbabilities. But this frightful tale is sufficiently well constructed to seize hold of the masses and to become one of those legendary fables which acquire the force of truth. Our weakness proceeds from the fact that, not knowing the real story, we cannot set it up in opposition to the legend now being forged. The theory of a night prowler, to which you seem to cling, can only serve to cast a little doubt into the minds of the jury; for there are serious objections to it. And so whom can we accuse, and what shall my system of defence be?'
At this Marc, hitherto very attentive and silent, could not restrain himself from giving expression to the conviction which had slowly gathered in his mind: 'But there is no doubt at all for me; the criminal was one of the Brothers!'
Delbos, well pleased with the answer, and signifying his approval by an energetic gesture, then exclaimed: 'Quite so. My own conviction is the same. The more I study the case the more I am led to that conclusion as being the only one possible.' And as David anxiously shook his head, he added: 'Yes, I know; it seems to you that your brother's position would be very dangerous if one of those Ignorantines were accused without decisive proof. And you are certainly right. Nevertheless, I have to plead, and the best way to prove your brother's innocence is to demonstrate who the guilty man must be. Is it not so? You will tell me that the question becomes one of ascertaining who that man is, and for that very reason I wish to go into the matter with you thoroughly.'
The discussion continued, and Marc recapitulated the reasons which made him believe the murderer to be one of the Brothers. First, the copy-slip had come from this school; that was virtually proved by what had occurred at the Milhommes. Then there was the initialling of the slip, and the corner of it which had been torn away, in which clue the solution of the enigma probably lurked. A decisive moral proof was the extraordinary zeal the Congregations displayed in denouncing Simon. They would not have stirred up heaven and earth in this fashion if they had not found it necessary to save some black sheep; though of course they also hoped to crush the secular schools and to insure the triumph of the Church. Moreover, there were features in the crime which suggested that it could only have been perpetrated by some sly, cruel, bestial frock-wearer. But unfortunately arguments did not suffice, and Marc was in despair that his investigations had been thwarted by a combination of obscurity, confusion, and dread which artful, invisible hands seemed to increase each day.
'Come,' interrupted Delbos, 'you suspect neither Brother Fulgence nor Father Philibin, eh?'
'Oh no!' Marc answered, 'I saw them near the body when the crime was discovered. Brother Fulgence certainly returned to his school on quitting the Capuchin Chapel on the Thursday evening. Besides, though he is vain and crazy, I do not think him capable of such a dreadful deed. As for Father Philibin, he did not quit Valmerie that evening. Moreover, he also seems to me honest, a worthy man at bottom.'
Silence fell. Then Marc, with a dreamy expression in his eyes, resumed: 'Yet something had certainly happened that morning just as I arrived at the school. Father Philibin had picked up the newspaper and the copy-slip, and I now ask myself whether he profited by that brief opportunity to tear off and do away with that corner of the slip, on which, perhaps, there may have been some indication.... But But Mignot, though he hesitated at first, now declares the corner must have been missing when he first saw the slip.'