"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.
"Would one wish to admit that Madame Dammauville had kept silent on so grave a matter, and waited for an audience to reveal it?"
"This silence she kept until yesterday; why should she not keep it a few days longer? It is evident that if she had not related what she saw, it is because she had reasons for being silent. It is probable that, being ill, she did not wish to expose herself to the annoyances and fatigue of an investigation; and in her eyes her deposition was not of great importance. What should she have revealed to the prosecution? That the man who committed the crime was tall, with a curled blond beard? This man the law held, or it held one the description of whom answered to this, which to Madame Dammauville was the same thing. She did not need, therefore, to call the police or the judge to tell them these insignificant things for her own comfort; and, also, because she believed that she had nothing interesting to say, she did not speak. It was when accident brought to her notice the portrait of the accused, she recognized that the law had not the real criminal, and then she broke the silence. The moment when she first saw this portrait is not stated precisely; I undertake to arrange that. The difficulty is not there."
"Where do you see it?"
"Here: Madame Dammauville may have already told her story to so many persons that it is already public property, where the prosecution has picked it up. In that case there will be no 'coup de theatre'. She will be questioned, her deposition examined, and we will have only a suspected testimony. The first thing to do, then, is to know how far this story has spread, and if there is yet time to prevent it from spreading farther."