On being questioned as to what he had done with the second portion, alleged to have been found under the bed, Friley replied that he had handed it to the doctors who opened the body, and that they had tried to discover what it was, by burning it between two copper pieces. A witness who had been present at this proceeding declared, on being questioned, that the experiment had been made with some remains of hasty-pudding scraped out of the saucepan. Here again was a contradiction, and here, once more, Friley's evidence was, to say the least of it, not to be depended on.
Surgeon Hébert followed. What had he done with the crumbs of bread scattered over with white powder, which he had found in Marie's pocket? He had, after showing them to the company in the drawing-room, exhibited them next to the apothecary, and handed them afterwards to another medical man. Being finally assured that there was arsenic on the bread, he had sealed up the crumbs, and given the packet to the legal authorities. When had he done that? On the day of his examination as a witness—the fourteenth of August. When did he find the crumbs? On the seventh. Here was the arsenic, in this case, then, passing about from hand to hand, and not sealed up, for seven days. Had Surgeon Hébert anything more to say? Yes, he had another little lot of arsenic to hand in, which a lady-friend of his had told him she had found on Marie's bed, and which, like the first lot, had been passed about privately for seven days, from hand to hand, before it was sealed up. To us, in these later and better days, it seems hardly credible that the judge should have admitted these two packets in evidence. It is, nevertheless, the disgraceful fact that he did so receive them.
Commissary Bertot came next. He and the man named Vassol, who had helped him to entrap Marie into prison, and to search her before she was placed in solitary confinement, were examined in succession, and contradicted each other on oath, in the flattest manner.
Bertot stated that he had discovered the dust at the bottom of her pockets; had shaken it out on paper; had placed with it the little linen bag, containing a morsel of the sacramental wafer, which had been sewn to her petticoat; had sealed the two up in one packet; and had taken the packet to the proper office. Vassol, on the other hand, swore that he had shaken out the pockets, and had made up the packet; and that Bertot had done nothing in the matter but lend his seal. Contradicting each other in these details, both agreed that what they had found on the girl was inclosed and sealed up in one packet, which they had left at the office, neglecting to take such a receipt for it as might have established its identity in writing. At this stage of the proceedings the packet was sent for. Three packets appeared instead of one! Two were composed of paper, and contained dust and a little white powder. The third was the linen bag, presented without any covering at all. Vassol, bewildered by the change, declared that of these three separate objects, he could only identify one—the linen bag. In this case, it was as clear as daylight that somebody must have tampered with the single sealed packet which Bertot and Vassol swore to having left at the office. No attempt, however, was made to investigate this circumstance; and the case for the prosecution—so far as the accusation of poisoning was concerned—closed with the examination of Bertot and Vassol.
Such was the evidence produced in support of a charge which involved nothing less than the life or death of a human being.
Chapter IV. The Sentence.
While the inquiry was in course of progress, various details connected with it found their way out of doors. The natural sense of justice among the people which had survived the corruptions of the time, was aroused to assert itself on behalf of the maid-of-all-work. The public voice spoke as loudly as it dared, in those days, in Marie's favour, and in condemnation of the conspiracy against her.
People persisted, from the first, in inquiring how it was that arsenic had got into the house of Monsieur Duparc; and rumour answered, in more than one direction, that a member of the family had purchased the poison a short time since, and that there were persons in the town who could prove it. To the astonishment of every one, no steps were taken by the legal authorities to clear up this report, and to establish the truth or the falsehood of it, before the trial. Another circumstance, of which also no explanation was attempted, filled the public mind with natural suspicion. This was the disappearance of the eldest son of Monsieur and Madame Duparc. On the day of his grandfather's sudden death, he had been sent, as may be remembered, to bring his father back from the country; and, from that time forth, he had never reappeared at the house, and nobody could say what had become of him. Was it not natural to connect together the rumours of purchased poison and the mysterious disappearance of this young man? Was it not utterly inconsistent with any proceedings conducted in the name of justice to let these suspicious circumstances exist, without making the slightest attempt to investigate and to explain them?
But, apart from all other considerations, the charge against Marie, was on the face of it preposterously incredible. A friendless young girl arrives at a strange town, possessing excellent testimonials to her character, and gets a situation in a family every member of which is utterly unknown to her until she enters the house. Established in her new place, she instantly conceives the project of poisoning the whole family, and carries it out in five days from the time when she first took her situation, by killing one member of the household, and producing suspicious symptoms of illness in the cases of all the rest. She commits this crime having nothing to gain by it; and she is so inconceivably reckless of detection that she scatters poison about the bed on which she lies down, leaves poison sticking to crumbs in her pockets, puts those pockets on when her mistress tells her to do so, and hands them over without a moment's hesitation to the first person who asks permission to search them. What mortal evidence could substantiate such a wild charge as this? How does the evidence actually presented substantiate it? No shadow of proof that she had purchased arsenic is offered, to begin with. The evidence against her is evidence which attempts to associate her with the actual possession of poison. What is it worth? In the first place, the witnesses contradict each other. In the second place, in no one case in which powdered substances were produced in evidence against her, had those powdered substances been so preserved as to prevent their being tampered with. Two packets of the powder pass about from hand to hand for seven days; two have been given to witnesses who can't produce them, or account for what has become of them; and one, which the witnesses who made it up swear to as a single packet, suddenly expands into three when it is called for in evidence!
Careless as they were of assuming even the external decencies of justice, the legal authorities, and their friends the Duparcs, felt that there would be some risk in trying their victim for her life on such evidence as this, in a large town like Caen. It was impossible to shift their ground and charge her with poisoning accidentally; for they either could not, or would not, account on ordinary grounds for the presence of arsenic in the house. And, even if this difficulty were overcome, and if it were alleged that arsenic purchased for killing vermin, had been carelessly placed in one of the saltcellars on the dresser, Madame Duparc could not deny that her own hands had salted the hasty-pudding on the Monday, and that her servant had been too ill through exhaustion to cook the dinner on the Tuesday. Even supposing there were no serious interests of the vilest kind at stake, which made the girl's destruction a matter of necessity, it was clearly impossible to modify the charge against her. One other alternative remained—the alternative of adding a second accusation which might help to strengthen the first, and to degrade Marie in the estimation of those inhabitants of the town who were now disposed to sympathise with her.