“The more one reflects,” continued the counsel for the defendant, “upon the conduct of Madame Leclerc on this occasion, the less blameless appear her motives. If, as seems probable, she designed to gain possession of the donkey, she richly deserved the bite which she complains of having received. Pierre Leclerc cannot plead that his wife did not irritate the ass, for this is proved by the very witnesses whom he summoned to sustain his case. They stated in precise terms that ‘they saw Madame Leclerc pass, mounted on a she-ass, followed by a jackass, to which the said woman Leclerc dealt sundry blows, with the intention of driving it off; that, on reaching her door, and the animal approaching nearer, she beat him violently, and that then the said jackass bit her in the arm.’
“But further, who induced the ass to break his halter and follow the woman Leclerc as far as the Gobelins? Madame Leclerc’s ass, and none other but she. Having thus drawn another person’s animal away from its owner, and having placed it in her own stable, she claims 20 sous a day for the keep of an ass which Pierre Leclerc has retained on his own authority, against the will of the legitimate owner, from 1st July to 1st September, using it daily for going to market; thus, in all, he demands 60 livres for the keep of the beast. Although the price is twice the value of the ass itself, Ferron does not dispute the amount; he contents himself with observing that the woman Leclerc having brought upon herself the wound from the bite of the ass, which is the subject of litigation, she was not thereby morally or legally justified in detaining the animal that bit her till her demand for compensation was satisfied. If she fed and tended it, she was amply repaid by the use she and her husband made of it for carrying heavy burdens daily to market.
“On the other hand, Ferron has suffered from the loss of his ass, through its unjustifiable detention. He has been compelled to hire a horse during two months to carry on his business, and this has involved him in expenses beyond his means. For this loss Ferron will claim indemnification at the hands of Leclerc.”
Such was the case of the defendant. Along with it were handed in the two following certificates, the latter of which, as giving a character for morality and respectability to a donkey, is certainly a curiosity.
Certificate of the Sieur Nepveux, grocer, at whose shop-door the ass was tied.
I, the undersigned, certify that on the 2nd July 1750 the day after the ass of the defendant Jacques Ferron, which had been attached to my door, had followed the female ass of the person Leclerc, there came, at seven o’clock in the morning, a woman to ask whether an ass had not been lost here; whereupon I replied in the affirmative. She told me that the individual who had lost it might come and fetch it, and that it would be returned to her; and that it was at a floral gardener’s in the Faubourg St. Marcel, near the Gobelins: in testimony to the truth of which I set-to my hand.
(Signed) Nepveux, grocer.
Porte Saint Jacques, Paris,
20th August 1720.
Certificate of the Curé, and the principal inhabitants of the parish of Vanvres to the moral character of the Jackass of Jacques Ferron.