As a matter of form, the ledger was sent for. At the first glance, however, it was evident that the date of the transaction, mentioned by Legrand, had been altered! The exchange had taken place on the 9th, and an alteration, badly dissimulated by an erasure, had substituted the figure 8 for the original figure 9.
Murmurs of surprise and indignation followed this discovery, and the President, pressing Legrand with questions, and unable to obtain from him any satisfactory answer, ordered his arrest. Legrand then, trembling and terrified, retracted his former deposition, and declared that he was not certain he had seen Lesurques on the 8th Floréal, but that he had altered his book in order to give more probability to the declaration he had determined to make in his friend's favour—of whose innocence he was so assured, that it was only the conviction that he was accused erroneously, which made him perjure himself to save that innocent head.
From this moment, the jury received the depositions in favour of Lesurques with extreme prejudice—those already heard seemed little better than connivance, and those yet to be heard were listened to with such suspicion as to have no effect. The conviction of his guilt was fixed in every mind. Lesurques, despairing to get over such fatal appearances, ceased his energetic denials, and awaited his sentence in gloomy silence. The jury retired.
At this moment a woman, agitated with the most violent emotions, demanded to speak to the President. She said that she was moved by the voice of conscience, and wished to save the criminal tribunal from a dreadful error. It was Madelaine Breban, the mistress of Couriol. Brought before the President, she declared that she knew positively Lesurques was innocent, and that the witnesses, deceived by an inexplicable resemblance, had confounded him with the real culprit, who was called Dubosq.
Prejudiced as they were against Lesurques, and suspicious of all testimony after the perjury they had already detected, the tribunal scarcely listened to Madelaine Breban; and the jury returned with their verdict, in consequence of which, Couriol, Lesurques, and Bernard were condemned to death; Richard to four-and-twenty years' imprisonment; Guesno and Bruer were acquitted.
No sooner was the sentence passed, than Lesurques rose calmly, and addressing the Judges, said, "I am innocent of the crime of which I am accused. Ah! citoyens, if it is horrible to murder on the high-road, it is not less so to murder by the law!"
Couriol, condemned to death, rose and said, "Yes, I am guilty—I avow it. But Lesurques is innocent, and Bernard did not participate in the murder."
Four times he reiterated this declaration; and, on entering his prison, he wrote to the judge a letter full of sorrow and repentance, in which he said, "I have never known Lesurques; my accomplices are Vidal, Rossi, Durochat, and Dubosq. The resemblance of Lesurques to Dubosq has deceived the witnesses."
To this declaration of Couriol was joined that of Madelaine Breban, who, after the judgment, returned to renew her protestation, accompanied by two individuals, who swore that, before the trial, she had told them Lesurques had never had any relations with the culprits; but that he was a victim of his fatal likeness to Dubosq. These testimonies threw doubt in the minds of the magistrates, who hastened to demand a reprieve from the Directory, which, terrified at the idea of seeing an innocent man perish through a judicial error, had recourse to the Corps Législatif; for every other resource was exhausted. The message of the Directory to the Five Hundred was pressing; its aim was to demand a reprieve, and a decision as to what course to pursue. It ended thus: "Must Lesurques perish on the scaffold because he resembles a villain?"
The Corps Législatif passed to the order of the day, as every condition had been legally fulfilled, that a particular case could not justify an infraction of decreed laws; and that, too, on such indications, to do away with a condemnation legally pronounced by a jury, would be to overset all ideas of justice and equality before the law.