“What you say is very possible, my dear friend; but I shall make you see that it is not for us to raise objections of this kind. Here is a testimony that may save our client; let us accept this, such as it may be, whence it comes. It is the business of the prosecution to prove that our witness could not see what she relates that she saw, or that her mental condition does not permit her to know what she saw; and do not be afraid, investigation will not be lacking. Do not let us even give a hint from our side; that would be stupid.”
This, certainly, was not what Saniel wished; only he believed it a duty, in his quality of physician, to indicate some rocks against which they might strike themselves.
“Our duty,” continued the advocate, “is, therefore, to manage in a way to escape them; and this is how I understand the role of this really providential witness, if it is possible to make her undertake it. Since it has occurred to you—you who wish the acquittal of this poor boy—that the testimony of Madame Dammauville may be vitiated by the simple fact that it comes from a sick woman, it is incontestable, is it not, that this same idea will occur to those who wish for his conviction? This testimony should be irrefutable; it should be presented in such a way that no one could raise anything against it, so that it would compel the acquittal in the same moment that it is presented. It was between a quarter past and half past five o’clock that Caffie was assassinated; at exactly a quarter past five, a woman of respectable position, and whose intellectual as well as physical faculties render her worthy of being believed, saw in Caffies office a man, with whom it is materially impossible to confound Florentin Cormier, draw the curtains of the window, and thus prepare for the crime. She would make her deposition in these conditions, and in these terms, and the affair would be finished. There would not be a judge, after this confrontation, who would send Florentin Cormier before the assizes, and, assuredly, there would not be two voices in the jury for conviction. But things will not happen like this. Without doubt, Madame Dammauville bears a name that is worth something; her husband was an estimable attorney, a brother of the one who was notary at Paris.”
“Have you ever had any business with her?”
“Never. I tell you what is well known to every one, morally she is irreproachable. But is she the same physically and mentally? Not at all, unfortunately. If a physician can be found who will declare that her paralysis does not give her aberrations or hallucinations, another one will be found who will contest these opinions, and who will come to an opposite conclusion. So much for the witness herself; now for the testimony. This testimony does not say that the man who drew the curtains at a quarter past five was built in such a way that it is materially impossible to confound him with Florentin Cormier, because he was small or hunchbacked or bald, or dressed like a workman; while Florentin is tall, straight, with long hair and beard, and dressed like a gentleman. It says, simply, that the man who drew the curtains was tall, with long hair, and curled blond beard, and dressed like a gentleman. But this description is exactly Florentin Cormier’s, as it is yours—”
“Mine!” Saniel exclaimed.
“Yours, as well as that of many others. And it is this, unfortunately for us, which destroys the irrefutability that we must have. How is it certain that this tall man, with long hair and curled beard, is not Florentin Cormier, since these are his chief characteristics? And it was at night, at a distance of twelve or fifteen metres, through a window, whose panes were obscured by the dust of papers and the mist, that this sick woman, whose eyes are affected, whose mind is weakened by suffering, was able, in a very short space of time, when she had no interest to imprint upon her memory what she saw, to grasp certain signs, that she recalled yesterday strongly enough to declare that the man who drew the curtains was not Florentin Cormier, against whom so many charges have accumulated from various sides, and who has only this testimony in his favor—every sensible person could not but find it suspicious!”
“But it is true,” Saniel said, happy to lend himself to this view of the matter, which was his own.
“What makes the truth of a thing, my dear sir, is the way of presenting it; let us change this manner and we falsify it. To arrive at the conclusion which made you say ‘It is true,’ I am on the side of the idea that to-morrow Madame Dammauville’s story should be known to the law, that the brave lady should be heard before the prosecution, and that time should be allowed to examine this testimony that you suspect. Now let us look at it from the opposite point. Madame Dammauville’s story is not known to the law, or, if something transpires, we will arrange that this something is so vague that the prosecution will attach but little importance to it. And this is possible if we do not base a new defence on this testimony. We arrive at the judgment, and when the prosecution has listened to its witnesses which have overwhelmed us—the agent of affairs Savoureux, the tailor Valerius,—it is Madame Dammauville’s turn. She simply relates what she saw, and declares that the man who is on the prisoner’s bench is not the same who drew the curtains at a quarter past five. Do you see the ‘coup de theatre’? The prosecution had not foreseen it; it had not inquired into the health of the witness; the physician would not be there to quote the defects of sight or reason; very probably it would not think of the dusty windowpanes, or of the distance. And all the opposing arguments that would be properly arranged if there were time, would be lacking, and we should carry the acquittal with a high hand.”
Arranged thus, things were too favorable for Saniel for him not to receive, with a sentiment of relief, this combination which brought Florentin’s acquittal more surely, it seemed to him, than all that they had arranged for his defence up to this day. However, an objection occurred to him, which he communicated to Nougarede immediately.