“Now there is reason to suppose that a person who loves you as much as you loved Mademoiselle Esther committed the theft for your benefit.—Do not interrupt me,” Camusot went on, seeing that Lucien was about to speak, and commanding silence by a gesture; “I am asking you nothing so far. I am anxious to make you understand how deeply your honor is concerned in this question. Give up the false and contemptible notion of the honor binding two accomplices, and tell the whole truth.”
The reader must already have observed the extreme disproportion of the weapons in this conflict between the prisoner under suspicion and the examining judge. Absolute denial when skilfully used has in its favor its positive simplicity, and sufficiently defends the criminal; but it is, in a way, a coat of mail which becomes crushing as soon as the stiletto of cross-examination finds a joint to it. As soon as mere denial is ineffectual in face of certain proven facts, the examinee is entirely at the judge’s mercy.
Now, supposing that a sort of half-criminal, like Lucien, might, if he were saved from the first shipwreck of his honesty, amend his ways, and become a useful member of society, he will be lost in the pitfalls of his examination.
The judge has the driest possible record drawn up of the proceedings, a faithful analysis of the questions and answers; but no trace remains of his insidiously paternal addresses or his captious remonstrances, such as this speech. The judges of the superior courts see the results, but see nothing of the means. Hence, as some experienced persons have thought, it would be a good plan that, as in England, a jury should hear the examination. For a short while France enjoyed the benefit of this system. Under the Code of Brumaire of the year IV., this body was known as the examining jury, as distinguished from the trying jury. As to the final trial, if we should restore the examining jury, it would have to be the function of the superior courts without the aid of a jury.
“And now,” said Camusot, after a pause, “what is your name?—Attention, Monsieur Coquart!” said he to the clerk.
“Lucien Chardon de Rubempre.”
“And you were born——?”
“At Angouleme.” And Lucien named the day, month, and year.
“You inherited no fortune?”
“None whatever.”