Notwithstanding the remarkable disproportion of power which Providence had placed in this duel, the accused, for lack of conclusive proofs, would in all probability have escaped from the hands of the executioner; but from that very scantiness in the evidence arose an extraordinary opportunity for eloquence, which could not fail to be singularly useful to the ambitious hopes of M. Desalleux. In justice to himself, he could not neglect to take advantage of it.
In the next place, an unlucky circumstance presented itself for poor Peter Leroux. Some days before the commencement of the trial, and in the presence of several ladies, who promised themselves the pleasure of being there to enjoy the spectacle, the young deputy had let fall an expression of his firm confidence in obtaining from the jury a verdict of condemnation. Every one will understand the painful position in which he would be placed if his prosecution failed, and Peter Leroux came back with his head upon his shoulders, to testify to the weakness of M. Desalleux's eloquence. Let us not be too severe upon the deputy of the public prosecutor: if he was not absolutely convinced, it was his duty to appear so, and only the more meritorious to utter such eloquent denunciations as for a century past had not been heard at the bar of the criminal court of Orleans. Oh, if you had been there to see how they were moved, those poor gentlemen of the jury!—moved almost to tears, when, in a fine and most sonorous peroration, he set before them the fearful picture of society shaken to its foundations—the whole community about to enter upon dissolution, immediately upon the acquittal of Peter Leroux! If you had only heard the courteous eulogiums exchanged on both sides, when the advocate of the accused, commencing his address, declared that he could not go further without rendering homage to the brilliant powers of oratory displayed by the deputy public prosecutor! If you had only heard the president of the court, making the same felicitations the text of his exordium, so well, that nothing would have persuaded you that it was not an academical fête, and that they were not simply awarding a prize for eloquence, instead of a sentence of death to a fellow-creature. You would have seen, in the midst of a crowd of 'elegantly-attired members of the fair sex,' as the newspapers of the province said, the sister of M. Desalleux, receiving the compliments of all the ladies around her; while, at a little distance, the old father was weeping with joy at the sight of the noble son and incomparable orator whom he had given to the world.
Six weeks after this scene of family happiness, Peter Leroux, accompanied by the executioner, mounted the condemned cart, which waited for him at the door of the jail of Orleans. They proceeded together to the Place du Martroie, which is the spot where executions take place. Here they found a scaffold erected, and a considerable concourse of persons expecting them. Peter Leroux, with the slow and heavy ascent of a sack of flour going up by means of a pulley to the top of a warehouse, mounts the steps of the scaffold. As he reached the platform, a ray of sunlight, playing upon the brilliant and polished steel of the instrument of justice, dazzled his eyes, and he seemed about to stumble; but the executioner, with the courteous attention of a host who knows how to do the honours of his house, sustained him by the arm, and placed him upon the plank of the guillotine. There Peter Leroux found the clerk of the court, who had come for the purpose of reading formally the order for execution; the gendarmes, who were charged to see that the public peace was kept during the business about to be transacted; and the assistants of the executioner, who, notwithstanding the ill name which has been given to them, pointed out to him, with a complaisance full of delicate consideration, the precise position in which to place himself under the axe. One minute after, Peter Leroux's head was divorced from his body, which operation was accomplished with such dexterity, that many of those present at the spectacle asked of their neighbours if it was already finished; and were told that it was; upon which they remarked, that it was the last time they would put themselves so much out of the way for so little.
Three months had passed since the head and body of Peter Leroux had been cast into a corner of the cemetery, and, in all probability, the grave no longer concealed aught but his bones, when a new session of assizes was opened, and M. Desalleux had again to support a capital indictment.
The day previous, he quitted at an early hour a ball to which he had been invited with all his family, at a château in the environs, and returned alone to the city, in order to prepare his case for the morrow.
The night was dark; a warm wind from the south whistled drearily, while the buzz of the gay scene that he had left seemed to linger in his ears. A feeling of melancholy stole over him. The memory of many people whom he had known, and who were dead, returned to his mind; and, scarcely knowing why, he began to think of Peter Leroux.
Nevertheless, as he drew near the city, and the first lights of the suburbs began to appear, all his sombre ideas vanished, and as soon as he found himself again at his desk, surrounded by his books and papers, he thought no longer of anything but his oration, which he had determined should be even yet more brilliant than any that had preceded it.
His system of indictment was already nearly settled. It is singular, by the way, that French legal expression, a 'system of indictment'—that is to say, an absolute manner of grouping an ensemble of facts and proofs, in virtue of which the prosecutor appropriates to himself the head of a man—as one would say, 'a system of philosophy'—that is, an ensemble of reasonings and sophisms, by the aid of which we establish some harmless truth, theory, or fancy. His system of indictment was nearly completed, when the deposition of a witness which he had not examined, suddenly presented itself, with such an aspect as threatened to overturn all the edifice of his logic. He hesitated for some moments; but, as we have already seen, M. Desalleux, in his functions of deputy-prosecutor, consulted his vanity at least as often as his conscience. Invoking all his powers of logic and skill for turning words to his purpose, struggling muscle to muscle with the unlucky testimony, he did not despair of finally enlisting it in the number of his best arguments, as containing the most conclusive evidence against the prisoner; but, unfortunately, the trouble was considerable, and the night was already far advanced.
The clock had just struck three, and the lamp upon his table, burning with a crust upon the wick, gave only a feeble light in the chamber. Having trimmed it, and feeling somewhat excited with his labours, he rose and walked to and fro, then returned and sat in his chair, from which, leaning back in an easy attitude, and suspending his reflections for awhile, he contemplated the stars which were shining through a window opposite. Suddenly lowering his gaze, he encountered what seemed to him two eyes staring in at him through the window-panes. Imagining that the reflection of the lamp, doubled by some flaw in the glass, had deceived him, he changed his place; but the vision only appeared more distinct. As he was not wanting in courage, he took a walking-stick, the only weapon within reach, and opened the window, to see who was the intruder who came thus to observe him at such an hour. The chamber which he occupied was high; above and below, the wall of his house was perfectly perpendicular, and afforded no means by which any one could climb or descend. In the narrow space between himself and the balcony, the smallest object could not have escaped him; but he saw nothing. He thought again that he must have been the dupe of one of those hallucinations that sometimes visit men in the night; and, with a smile, he applied himself again to his labours. But he had not written twenty lines, when he felt, before looking up, that there was something moving in a corner of the chamber. This began to alarm him, for it was not natural that the senses, one after the other, should conspire to deceive him. Raising his eyes, and shading them with his hand from the glare of the lamp beside him, he observed a dusky object advancing towards him with short hops like those of a raven. As the apparition approached him, its aspect became more terrifying; for it took the unmistakable form of a human head separated from the trunk and dripping with blood; and when at length, with a spring, it bounded upon the table, and rolled about over the papers scattered on his desk, M. Desalleux recognised the features of Peter Leroux, who no doubt had come to remind him that a good conscience is of greater value than eloquence. Overcome by a sensation of terror, M. Desalleux fainted. That morning, at daybreak, he was found stretched out insensible on the floor near a little pool of blood, which was also found in spots upon his desk, and on the leaves of his pleadings. It was supposed, and he took care never to contradict it, that he had been seized with a hemorrhage. It is scarcely necessary to add, that he was not in a state to speak at the trial, and that all his oratorical preparations were thrown away.
Many days passed before the recollection of that terrible night faded from the memory of the deputy-prosecutor—many days before he could bear to be alone or in the dark without terror. After some months, however, the head of Peter Leroux not having repeated its visit, the pride of intellect began again to counterbalance the testimony of the senses, and again he asked himself, if he had not been duped by them. In order more surely to weaken their authority, which all his reasonings had not been able entirely to overcome, he called to his aid the opinion of his physician, communicating to him in confidence the story of his adventure. The doctor, who, by dint of long examining the human brain, without discovering the slightest trace of anything resembling a soul, had come to a learned conviction of materialism, did not fail to laugh heartily on listening to the recital of the nocturnal vision. This was perhaps the best manner of treating his patient; for by having the appearance of holding his fancy in derision, he forced, as it were, his self-esteem to take a part in the cure. Moreover, as may be imagined, he did not hesitate to explain to his patient, that his hallucination proceeded from an over-tension of the cerebral fibre, followed by congestion and evacuation of blood, which had been the causes of his seeing precisely what he had not seen. Powerfully reassured by this consultation, and as no accident happened to contradict its correctness, M. Desalleux by degrees regained his serenity of mind, and gradually returned to his former habits—modifying them simply insomuch that he laboured with an application somewhat less severe, and indulged, at the doctor's suggestion, in some of those amusements of life which he had hitherto totally neglected.