Conscience [A novel.] ... Translated by J. E. S. Rae

Chapter II

When Saniel went to Nougarede, it was with the idea that the lawyer would say an acquittal was certain, if Florentin were sent for trial, or even that his early release was probable ; but this vague hope was not realized, for he said : ' Had the accident of the button happened to you or to me, it would not have been so of % vol. h. CONSCIENCE 2 serious as it is to this young man, for we have no antecedents upon which a charge of this kind could be founded. The forty-five francs embezzled from his employer by a paid ser vant will be the groundwork of the accusa tion. The Public Prosecutor will explain how one small crime leads on to a much greater crime. He will depict the clerk as he first was — industrious, scrupulous, punctual, and happy in the fulfilment of his daily duties ; and then change the picture to that of the erring clerk — irregular alike in his work and conduct, always seeking pleasure, and dis contented with his position and means.

He will say, " You have a striking example of this before you, gentlemen of the jury. This young man, without any special educa tion, is fortunate enough to obtain a good situation, but he has to work, and he does not like work, because it interferes with his amusements. He covets pleasures denied CONSCIENCE 3 to those in his position, and leaves his situa tion to take another where he has more time for his own idle dissipation. He plunges into every kind of vice, and is led away by false and dangerous sirens, who, like himself, care for nothing but extravagant luxury. Where can he find money to gratify them but by robbing his employer ? He begins by taking forty-five francs, and ends by steal ing 35.ooo, after committing a murder." You may be sure that if the trial comes on, as I believe it will, you will hear something like this, and we shall certainly find it most difficult to undo the impression made upon the jury, although I hope we shall be able to manage it.' It was evidently hopeless to expect a release ; but although a man may be tried, he need not be convicted, and Saniel continued to feel positive Florentin must be acquitted.

It was hard for him to be kept in prison, and CONSCIENCE 4 to undergo the disgrace of a public trial ; but when once he was honourably acquitted, some way might be afterwards found to com pensate him, by sympathy, kindness, and substantial help, for the suffering he had undergone. Saniel constantly repeated this to himself, and from the time he had placed the affair in Nougarede's hands, went often to see him, and persuade him to take the same view, saying : ' Surely, he cannot be convicted ?' Nougarede would reply : ' People can be convicted, even if they are innocent, as they may die, you know, even when they are in excellent health !' Although vexed by this cautious reserve, Saniel still never doubted the final result. Nougarede was probably exaggerating the chances of failure, that his own success might appear the greater.

In one of his CONSCIENCE 5 visits he met Madame Nougarede, and, recognising her as the young lady whose portrait Caffie had shown him, was con firmed in his belief that conscience, as it is called, was a singularly accommodating in strument, adapting itself to various needs and weaknesses of the human mind. Although he had assured Phyllis of the certainty of an acquittal for her brother, and of his own earnest efforts to secure this, she had not left the care of Florentin's interests entirely in other hands, and had done what she could also for his defence. Nougarede thought that the trial had been put off to the assizes that inquiries might be set on foot to ascertain whether during Florentin's stay in America he had worked in any great meat-preserving establishment, or cattle or sheep station, where he might have learnt to use the butcher's knife, which was a chief point in the accusation.

CONSCIENCE 6 To meet this supposition, Phyllis had written to the different towns where he had stayed, to prove that during the two years spent abroad he had not been thus employed. In fact, he had kept the books of a great sheep-station at Bahia- Bianca, in La Plata, for six months ; but because he had been accountant there, it did not follow he had learnt to kill sheep. Every letter she received she brought to Saniel and Nougarede, and in Paris she ob tained evidence from all who had known her brother in any way that would tend to prove him incapable of the crime attributed to him. By these means she had, by the unassisted efforts of her sisterly affection, collected a mass of evidence to weigh against that of the prosecution, which she trusted would tell in his favour with the jury. Whenever she received fresh evidence on his behalf, she hastened to Saniel, and they CONSCIENCE 7 both agreed that a conviction was impossible.

They both forgot that Saniel had felt it equally impossible for Florentin to be arrested on account of the lost button, or for him to be committed for trial by the juge d'instruction. Things were in this state, when one Saturday evening Phyllis arrived at Saniel's with a beaming face, and, as soon as she saw him, exclaimed in a joyous tone : He is saved !' Have you an order of release ?' ' No ; but we need not fear the result of the trial now.' She gave a sigh that told how great had been her misgivings that a conviction might not have been impossible. He left the desk where he was working, and, coming up to her, placed his arm round her, and made her sit down by him on the sofa. She continued : CONSCIENCE 8 'You will see I have a good reason for saying that he is saved. Do you know that an illustrated paper has just published his portrait ?' ' I don't read the illustrated papers.' ' You might have seen it outside the kiosks, as I did, to my horror, yesterday morning when I went out.

There it was before my eyes, and underneath it, "Florentin Cormier, the Rue Ste. Anne murderer." Isn't it a shame to brand an innocent man in this way ? I felt ashamed to raise my eyes again at any of the kiosks I passed on my way, little thinking the publication of this portrait would bring about such a happy result. I don't know from what photograph it could have been printed, for I refused to give one when they came to ask us for it, not supposing it would bring us anything but disgrace to have our shame published to the world.' CONSCIENCE 9 ' And what is the result of it ?' ' The proof that it was not Florentin who was at Caffie's when the crime was committed. All day yesterday and this morning I was miserable, when at three o'clock I received this note from the concierge in the Rue Ste. Anne.' She took from her pocket a piece of paper folded like a letter, with common writing upon it, which she gave to Saniel.

He read : ' Mademoiselle, ' If you will come to the Rue Ste. Anne I have something to tell you which I think you will be pleased to hear. ' Your obedient servant, ' (Veuve) AnaIs Bouchu.' ' You know the old infirm concierge has never allowed that my brother could be the criminal. Florentin was always kind and CONSCIENCE 10 nice to her when he was with Caffie, and she was grateful. Often she has told me that she was certain the real murderer would be discovered — the cards foretold it — and begged me to let her know if he was. Instead of my having this good news to tell her, it was she who sent for me to hear it. You may imagine I was not long in getting to the Rue Ste. Anne ! Still, I had not at all expected more than some slight evidence or discovery in our favour — not absolute proof! When I got there, the old woman seized both my hands, and said she would take me at once to a lady who had seen Caffie's murderer.' ' Seen ?' exclaimed Saniel, trembling from head to foot. ' As perfectly seen as I now see you.

She added that this lady was the owner of the house, and lived in the second block, on the second-floor, just opposite Caffie's study. CONSCIENCE 11 This Madame Dammauville, the widow of a solicitor, suffers from paralysis, and has not left her room for about a year. So the concierge told me, as we crossed the yard and went upstairs, repeating, " Your troubles are over now, poor mademoiselle ;" but she would not tell me why or how. When I asked her, she replied, " Madame will soon tell you much better than I can ; she does not like gossip." ' Had Phyllis been able to watch Saniel, she would have seen that he was white to the very lips ; but, absorbed in her story, she thought of nothing else. ' A servant showed us in to Madame Dammauville, who was lying on a small couch near the window, and the concierge told her who I was.

She received me kindly, made me sit down opposite to her, and then told me that, having heard from her concierge that I was collecting evidence in CONSCIENCE 12 favour of my brother, she would be able to help me by proving that Caffie's murderer was not the man who had been arrested and imprisoned. On the evening of Caffie's murder she was in this same room, on the same couch, at the same window, and, after reading all day, was thinking over her book, vaguely watching the gradually-falling dark ness. She had fixed her eyes involuntarily upon the window opposite, when all at once she saw a tall man, whom she took for an upholsterer, approach the window, and try to draw the curtains. He could not do so ; and then Caffie got up, and taking the lamp, held it so high that the light fell full upon the face of this man.

She saw him very well — quite well enough to know him again. He was tall, with long hair and fair curly beard, and was dressed like a gentleman. The curtains were drawn ; it was then about a quarter past five, and it was at that very time that CONSCIENCE 13 Caffie had his throat cut by this supposed tapissier, who evidently drew the curtains on purpose to kill Caffie without being seen, little imagining that he had been seen per forming an act that proved his guilt as surely as if he had been caught with the knife in his hand. Reading the description of Florentin in the papers when he was arrested, Madame Dammauville thought it corresponded with what she had seen, and that he was the criminal ; but in the portrait published in the illustrated paper she takes in, she did not recognise the man she saw at the window, and is certain there has been a mistake. You see, this will save Florentin.'

Chapter III

As Saniel had not responded to her joyous outburst, Phyllis looked at him surprised, and seeing his troubled expression and violent emotion, which to her were inexplicable, anxiously asked what was the matter. ' Nothing,' he replied savagely. ' Do you not share my hopes ?' asked Phyllis, not doubting that he too was thinking of Florentin. He caught at the sugges tion, and, to give himself time to recover, replied that he did not altogether see it in the same light. ' You don't think that what Madame CONSCIENCE 15 Dammauville saw proves Florentin's innocence ?' ' It may not so absolutely prove it to a court of justice as to you or to me, but I did not like to tell you so at once.' ' But don't you think this evidence of great value ? ' It may be, but we must look at it from all points of view.

That is why I feel anxious. ' You have quite shaken my confidence in it.' ' That is going to the other extreme. Of course, what this lady has just told you is of some weight, but for her evidence to be of real value, the witness must be trustworthy.' ' Do you think she could have invented such a story ?' ' I don't suppose that, but the first question is, who is she ?' ' The widow of a solicitor.' CONSCIENCE 16 ' As widow of a solicitor and owner of a house, her social position is good ; but what is her mental state ? You say she is para lyzed.' ' During the last year.' ' What kind of paralysis is it ? Some times it affects the sight, sometimes the mind. This lady might suffer from an attack of one of these kinds, or she might really have been able to see on the night of the murder what she says, and be still in full possession of her faculties.

That is the important point.' ' I had not thought of all that,' said Phyllis sadly. ' It was quite natural you should not think of it, but as a doctor it struck me at once.' ' I only thought of Florentin,' said Phyllis gently. ' In your place I should have given way to the same impulse of hope, but now that you CONSCIENCE 17 repeat to me what this woman said, I rather distrust her story on account of her state of health.' Phyllis could not restrain her tears, and silently she wept, finding no words in reply. ' I am sorry to pain you,' said he. ' I only thought that Florentin would be saved.' ' I don't say Madame Dammauville's evidence may not influence the judge and jury, but you would cruelly deceive yourself if you believed that your brother was sure to be set free only because she asserts that the portrait published is not that of the man she saw, or supposed she saw, in Caffie's study at a quarter-past five.

It is not upon evidence of this sort that judges decide ; they know better than we do what fancies people take up when public curiosity is strongly interested in a crime, and that there are witnesses who honestly believe they have seen extraordinary things only existing in vol. ii. CONSCIENCE 18 their own imagination ; and others who will go so far as to accuse themselves falsely in a state of excitement.' He went on talking at random, as if, by trying to convince Phyllis, he hoped to con vince himself of what he said ; but in spite of his arguments he confessed to himself that, whatever might be the state of this lady's health, it had not weakened her sight or understanding. She had indeed seen the tall man with long hair and curly beard, dressed as a gentleman, who was not Florentin ; when she spoke of the lamp and curtain-ropes, she knew what she meant ; so his arguments could only impose upon Phyllis, not upon himself.

This was, how ever, of some importance, for he had very nearly betrayed himself in his first agitation. He might have remembered that this episode of the curtains might lead to his detection at any moment ; but it had passed so rapidly CONSCIENCE 19 that he had never imagined that at the very instant when Caffie raised the lamp to light him, there was a woman opposite watching him so minutely that she would not fail to know him again. He had drawn the curtains as a precaution against being seen, when he would have run less risk by leaving them undrawn. The widow might, indeed, have witnessed part of the scene, but in the shadow she would not have been able to distinguish his features so clearly as when she had seen them under the full glare of the lamp ; and before she had had time to raise any alarm, he would have been able to escape.

However, he had not thought of all this, and to evade an immediate danger had rushed into one no less serious, though more remote in its effects. Gradually Phyllis had recovered the hope inspired by Madame Dammauville, and she again asked : CONSCIENCE 20 ' Is it not possible that Madame Dammau ville really saw what she says ?' ' No doubt, and it is even probable she did, for, as we know, the man who drew the curtains was not your brother ; but the difficulty is not to convince ourselves of it, but those who have formed an opinion contrary to our interests.' ' But if Madame Dammauville has seen right ?' ' The first thing to know is if she is in a state to see properly.' A doctor would know if he examined her ?' Of course.' Why couldn't you be this doctor ?' ' I ?' exclaimed Saniel, horror-struck at the idea of appearing before this woman.

Recol lecting himself quickly, he added, in a calmer tone : • How could I go and examine a woman who is unknown to me as I am to her? It CONSCIENCE 21 is patients who choose their doctor, not doctors their patients.' She might send for you.' On what ground ?' ' Could you not find out what kind of paralysis she has, from what I could get the concierge to tell me, without seeing her ?' ' I could not know positively ; still, I advise you to find out all you can, not only about her illness, but about herself and her position ; for evidence tending to destroy the theory of the accusation will be severely scrutinized, and only accepted if Madame Dammauville's character and antecedents are of sufficient importance to be unimpeachable.' ' I shall try to find out who her doctor is ; perhaps you may know him, and he could tell you something about her.' ' That would help us very much to know what is wrong with her, and how far we can put faith in what she says.' CONSCIENCE 22 During his conversation with Phyllis, Saniel had had time to revolve the situation in his mind.

His first care must be to rouse no suspicion in the mind of Phyllis, and it was for this reason he had spoken of different kinds of paralysis. He knew her well enough to be sure he had succeeded, for although she had at first been startled by his agitation, he had given her such good reasons for it, that she would be unlikely to recur to it again, unless direct charges arose against him. But he also wanted to know what use she was now going to make of Madame Dammau ville's information. Had she already told anyone else of it ? Was she going to inform Nougarede of it ? He wished to know every step she took, for in this critical state of affairs, nothing must be left to chance. ' When did you see Madame Dammau ville ?' inquired he. ' just now.' CONSCIENCE 23 ' What do you mean to do next ?' ' I thought of letting Monsieur Nougarede know.' ' Whatever may be the value of Madame Dammauville's evidence, certainly he ought to know it.

He will be best able to judge of its value ; and as it is as well to put the objections before him, too, I will go and tell him, if you like.' ' It will be very good of you.' ' Meanwhile, go back to your mother, and tell her what you have heard ; but, lest she should expect too much from it, explain to her that, although the chances are great in favour of your brother, there may be some against him. This evening, or to-morrow, begin your inquiries of the concierge in the Rue Ste. Anne, and if you cannot get much information out of her, try and see Madame Dammauville again on some pretext or other, and notice the expression of her face and CONSCIENCE 24 eyes, and whether she seems quite collected in her speech and ideas ; in fact, anything peculiar about her altogether. You have nursed your mother, and understand the symptoms of nervous illness almost as well as a doctor, so you will at once see whether Madame Dammauville suffers in the same way.

After 3 short hesitation, she said timidly : ' I suppose you would not come round with me now to the concierge ?' 'What are you thinking of?' exclaimed Saniel. Since the evening he had attested the death of Caffie, he had never been to the Rue Ste. Anne, and after the description already given of his appearance by Madame Dammauville, he was not very likely to venture there. But he hastened to explain away his objection. ' How could a doctor make such an in- CONSCIENCE 25 quiry ? It is quite natural you should do so. but it would be absurdly out of place for me to come forward, and it would be a most unlikely way of conciliating Madame Dam mauville, to let her think you were trying to find out whether she was in her right mind or not.' ' Of course, I never thought of that. My idea was that, whereas I could only hear what the concierge had to say, you could draw her on to tell us what we want to know.' ' I hope you will be able to find out some thing ; we must be careful.

If by to-morrow you can tell me nothing important, we must see what more can be done. You had better go back this evening to the concierge, question her, and, if possible, see Madame Dammau ville again, so as to gain as much information as you can to take to your mother afterwards. I will go now to Nougarede.'

Chapter IV

Saniel wished to see Nougarede himself: not to misrepresent the story Phyllis had to tell — that would be sure to come out sooner or later, and, if distorted, would throw discredit upon himself; but he intended to explain, as a doctor, that this testimony of a paralyzed woman might be quite as inadmissible as that of a lunatic. • But Nougarede at once cut this explanation short, saying : ' What you say is very possible, my dear friend, but it is not our place to raise objections of this sort. This is evidence that may CONSCIENCE 27 save our client, and we thankfully accept it, such as it is. It is for the prosecutor to prove that our witness has not seen what she says she has, or that her mental condition does not fit her to know what she says ; and he is sure enough to do this, without any sug gestion on our part.' Saniel had not intended this ; he had only thought it his duty, as a doctor, to point out the rocks against which the case might be wrecked. ' Our duty,' continued the lawyer, ' is to contrive to avoid these rocks, and this is how I should make use of this providential witness, if possible.

Since you, who desire the acquittal of this poor boy, have thought it possible that Madame Dammauville's evidence might be nullified by her state of health, this idea is sure to occur to those who are anxious for his conviction. Were this evidence irrefutable, it would secure an CONSCIENCE acquittal at any moment when it might be brought forward. It was between a quarter and half-past five that Caffie was murdered. At exactly a quarter - past five, a lady of respectable position, worthy of all belief on account of her intellectual and physical capacity, saw in Caffie's study a man, not at all resembling Florentin Cormier, draw the curtains preparatory to the crime. A deposition drawn up in these words would settle the affair. No juge d'instruction could send Florentin Cormier for trial in the face of it, and no jury would convict him.

But things are not done in this way. Madame Dammau ville bears a name respected at the Palais de Justice, where her husband was a well-known lawyer, whose brother is a notary in Paris. She is a person of some position, you see.' ' Have you ever met her ?' asked Saniel. ' Never. I only tell you what is generally known. Morally, then, she is a witness CONSCIENCE 29 beyond reproach. But, unfortunately, her mental and physical health is more uncertain. She suffers from an illness that seldom leaves the faculties intact ; her sight may be affected, or she may be troubled with delusions. Therefore, her evidence may be called in question, and if one doctor declares that she is of sound mind, another may be equally positive that she is not. So much for the witness herself. Now we will take the evidence itself.

It does not say that the man who drew the curtains at a quarter-past five differed so materially from Florentin Cor mier as to be a dwarf, or bald, or ill-dressed, whereas Florentin is tall, with long hair and beard, and well dressed. It says that the man was tall, with long fair hair and beard, and dressed like a gentleman. This description agrees with that of Cormier, as it does with yours also ' ' With mine ?' exclaimed Saniel. CONSCIENCE 30 ' With yours, and that of many men. And, unluckily for us, this makes it less indisput ably in our favour. How can she be certain that this tall man, with long hair and beard, is not Florentin Cormier, since he, too, possesses those peculiarities ? Then it was at night, ten or fifteen yards off, through a window darkened by dust and fog, that this invalid, whose eyes and mind are weakened by suffering, was able in a very brief moment of time, having no interest in noting what she saw, to recall it strongly enough to assert that the man who drew the curtains was not Florentin Cormier, against whom charges have been brought forward on all sides ; while the only testimony in his favour is what no person in his senses would consider free from suspicion. ' It is too true,' said Saniel, who took the same view of the case. ' It is the way things are brought forward CONSCIENCE 31 that changes their aspect, and makes what is true appear false.

To arrive at the conclu sion I reached just now, I started upon the supposition that Madame Dammauville's story was at once made known to the authorities, that the good lady had been examined before them, and her evidence fully sifted. Now we will put the case differently. Madame Dammauville's story is not told yet, or, if some part of it is heard of, we will take care that too much importance is not attached to it. The trial takes place, and when the prosecution have^heard their witnesses — the agent Savoureux, the tailor Valerius, etc. — Madame Dammauville ap pears, and, simply relating what she saw, declares that the prisoner is not the man who drew the curtains at a quarter-past five ! Do you see what a grand effect we should create ? The prosecution have not foreseen this, have made no inquiry into the health of the CONSCIENCE 32 witness, and have no doctor ready to testify to any weakness of sight or memory.

In fact, all the arguments that might have been opposed to the evidence, had there been time to formulate them, would not be forthcoming, and we should secure our acquittal with a high hand.' Matters being thus favourably arranged for Saniel, he acquiesced, with a feeling of relief, in the proposed denouement, which would bring about the acquittal of Florentin more surely than any plan yet adopted for his defence. Still, he mentioned one objec tion that occurred to him to Nougarede. ' Would it not be asked why Madame Dammauville had kept silence as to so im portant a fact until the trial ?' ' She has kept silence until now, so it is evident that, if she never mentioned what she had seen, there was some good reason for her reticence. Perhaps, being an invalid. CONSCIENCE :■,:> she did not care to submit to the fatigue and inconvenience of an examination, so long as she thought it could serve no good purpose.

What could she have said ? That the man who committed the murder was tall, with fair curly beard ? The man accused corresponded to this description, therefore it was not necessary to offer evidence of no significance. It was only when, by chance, she saw a picture of the accused man that she discovered that he was not the true criminal, and then she spoke. We need not name precisely the time when she saw this portrait — I can manage that. That is not the difficulty.' ' What difficulty do you foresee ?' ' This : that Madame Dammauville may have already told her story to so many people that it has become public property, and the prosecution have heard of it. Then she will be examined, objections will be raised, and her evidence will be discredited. The first VOL. II. 2 I CONSCIENCE 34 point, then, is to find out how far the story has yet spread, and, if possible, to prevent it from spreading further.' ' I should say that was not very easy.' ' I think Mademoiselle Phyllis may manage this.