“A thousand thanks. But I think I shall remain in Paris.”
“And be brought to a court-martial? To what punishment are you liable?”
“Death, according to the letter of the law. The French articles of war are none of the mildest. But, under the circumstances, I daresay I should get off with a few years’ imprisonment, followed, perhaps, by serving in a condemned regiment.”
“A pleasant alternative, indeed,” said I.
“I am no way anxious to incur it,” replied Oakley; “but, in fact, I am as safe in Paris as anywhere, at least for a day or two; and possibly M. de Berg may find means of securing the silence of the witnesses. At any rate, it will be time enough to-morrow or the next day to make a run of it. I cannot go upon the instant. There is one person I must see or communicate with before I leave.”
I guessed whom he meant, and saw, from his manner, he was resolved to remain, so used no farther arguments to dissuade him. Before entering Paris, we dismissed our vehicle and separated; he betook himself to a small retired lodging, where he had taken up his quarters since the previous evening, and I went home to resume my preparations for departure. I remained in-doors till after dinner, and then repaired to a well-known coffee-house, frequented chiefly by military men. As I had feared, the strange duel between Victor de Berg and a sergeant of his regiment was already the talk of the town. It had been immediately reported by the soldiers who had seen it; M. de Berg was under close arrest, and the police were diligently seeking his antagonist. I left the café, jumped into a cabriolet, and made all speed to Oakley’s lodging. He was out. I went again, as late as eleven o’clock, but still he was absent; and I was obliged to content myself with leaving a note, containing a word of caution and advice, which I prudently abstained from signing. I then went home and to bed, not a little uneasy about him. The next morning I breakfasted at the coffee-house, in order to get the news; and the first thing I heard was intelligence of Oakley’s capture. He had been taken the previous evening, in the neighbourhood of the colonel’s house, around which he doubtless hovered in hopes to obtain sight or speech of Bertha.
Few courts-martial ever excited a stronger interest in the French military world than those held upon Lieutenant Victor de Berg and the maréchal des logis Francis Oakley. The case was one almost unparalleled in the annals of military offences. A duel between an officer and a sergeant was a thing previously unheard of; and the mystery in which its causes were enveloped aggravated the universal curiosity and excitement. The offenders resolutely refused to throw light upon the subject; it had been vainly endeavoured to ascertain their seconds; the surgeon who attended on the ground had been sought for equally in vain; after placing the first dressings he had disappeared, and another had been summoned to the sufferer’s bedside. The wound proved of little importance, and, with the assistance of crutches, De Berg was soon able to get out. Upon their trials, he and Oakley persisted in the same system of defence. When off duty, they said, they had met in society, and had had a dispute on a subject unconnected with the service; the result had been an agreement to settle their difference with pistols. Oakley refused to state from whom the challenge proceeded; but Lieutenant de Berg proclaimed himself the aggressor, and, aware that the sentence would weigh far more heavily on Oakley than on himself, generously assumed a large share of blame. As to the cause of quarrel, names of the seconds, and all other particulars, both culprits maintained a determined silence, which no endeavours of friends or judges could induce them to break. Colonel de Bellechasse and various other officers visited Oakley in his prison, and did their utmost to penetrate the mystery. Their high opinion both of him and De Berg, convinced them there was something very extraordinary and unusual at the bottom of the business, and that its disclosure would tell favourably for the prisoners. But nothing could be got out of the obstinate duellists, who called no witnesses, except to character. Of these a host attended, for both Oakley and De Berg; and nothing could be stronger than the laudatory testimonials given them by their superiors and comrades. These, doubtless, had weighed with the court, for its sentence was considered very lenient. Oakley was condemned to five years’ imprisonment, for attempting the life of his officer; De Berg was reprimanded for his forgetfulness of discipline, in provoking or consenting to a personal encounter with a subordinate, was removed from his regiment and placed in non-activity, which, under the circumstances, was equivalent to dismissal from the service, less the disgrace.
I remained in Paris till the sentence of the court was known. Although by no means desirous to be brought forward in the business, I was willing to waive my repugnance, if by so doing I could benefit Oakley. With some difficulty I obtained access to him, begged him to prescribe a course for my adoption, and frankly to tell me if my evidence could be of service. He assured me it could not; there was no question of the fairness of the duel, and the sole crime was in the breach of military discipline. This crime my testimony could in no way palliate. He requested me to see M. de Berg, and to tell him that, to avoid the possibility of the cause of the duel becoming known, he should refuse to answer questions, plead guilty to the charge, and state, as sole extenuation, that the quarrel occurred off duty, and had no connection with military matters. This commission I duly executed. Another which he intrusted to me I found greater difficulty in performing. It was to procure information concerning Bertha de Bellechasse. After some unsuccessful attempts, I at last ascertained that she had been for some days confined to her bed by indisposition. This was sad news for Oakley, and I was loth to convey them to him, but I had promised him the exact truth. Fortunately I was able to tell him at the same time that the young lady’s illness was not of a dangerous character, although the species of nervous languor which had suddenly and unaccountably seized her, caused great alarm to her parents, and especially to the colonel, who idolised his only child. Oakley was sadly depressed on learning the effect upon Bertha of his imprisonment and dangerous position, and made me promise to keep him informed of the variations in her state of health. This I did, but the bulletins were not of a very satisfactory nature, and in Oakley’s pale and haggard countenance upon the day of trial, attributed by the spectators to uneasiness about his own fate, I read the painful and wearing anxiety the illness of his mistress occasioned him.
The sentence was no sooner published, than every effort was made to procure Oakley’s pardon, or, failing that, a commutation of his punishment. Colonel de Bellechasse used all the interest he could command; Monsieur de Berg set his friends to work; and I, on my part, did everything in my power to obtain mercy for the unfortunate young man. All our endeavours were fruitless. The minister of war refused to listen to the applications by which he was besieged. In a military view, the crime was flagrant, subversive of discipline, and especially dangerous as a precedent in an army where promotion from the ranks continually placed between men, originally from the same class of society and long comrades and equals, the purely conventional barrier of the epaulet. The court-martial, taking into consideration the peculiar character of the offence, had avoided the infliction of an ignominious punishment. Oakley was not sentenced to the boulet, or to be herded with common malefactors; his doom was to simple imprisonment. And that doom the authorities refused to mitigate.