LITMIR.BIZ

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these tender levities; errors imputed to newspapers, the imposture which distills its venom through the columns of those organs; etc. The lawyer had, accordingly, begun with an explanation as to the theft of the apples,—an awkward matter couched in fine style; but Bénigne Bossuet himself was obliged to allude to a chicken in the midst of a funeral oration, and he extricated himself from the situation in stately fashion. The lawyer established the fact that the theft of the apples had not been circumstantially proved. His client, whom he, in his character of counsel, persisted in calling Champmathieu, had not been seen scaling that wall nor breaking that branch by any one. He had been taken with that branch (which the lawyer preferred to call a bough) in his possession; but he said that he had found it broken off and lying on the ground, and had picked it up. Where was there any proof to the contrary? No doubt that branch had been broken off and concealed after the scaling of the wall, then thrown away by the alarmed marauder; there was no doubt that there had been a thief in the case. But what proof was there that that thief had been Champmathieu? One thing only. His character as an ex-convict. The lawyer did not deny that that character appeared to be, unhappily, well attested; the accused had resided at Faverolles; the accused had exercised the calling of a tree-pruner there; the name of Champmathieu might well have had its origin in Jean Mathieu; all that was true,—in short, four witnesses recognize Champmathieu, positively and without hesitation, as that convict, Jean Valjean; to these signs, to this testimony, the counsel could oppose nothing but the denial of his client, the denial of an interested party; but supposing that he was the convict Jean Valjean, did that prove that he was the thief of the apples? that was a presumption at the most, not a proof. The prisoner, it was true, and his counsel, “in good faith,” was obliged to admit it, had adopted “a bad system of defence.” He obstinately denied everything, the theft and his character of convict. An admission upon this last point would certainly have been better, and would have won for him the indulgence of his judges; the counsel had advised him to do this; but the accused had obstinately refused, thinking, no doubt, that he would save everything by admitting nothing. It was an error; but ought not the paucity of this intelligence to be taken into consideration? This man was visibly stupid. Long-continued wretchedness in the galleys, long misery outside the galleys, had brutalized him, etc. He defended himself badly; was that a reason for condemning him? As for the affair with Little Gervais, the counsel need not discuss it; it did not enter into the case. The lawyer wound up by beseeching the jury and the court, if the identity of Jean Valjean appeared to them to be evident, to apply to him the police penalties which are provided for a criminal who has broken his ban, and not the frightful chastisement which descends upon the convict guilty of a second offence.

      The district-attorney answered the counsel for the defence. He was violent and florid, as district-attorneys usually are.

      He congratulated the counsel for the defence on his “loyalty,” and skilfully took advantage of this loyalty. He reached the accused through all the concessions made by his lawyer. The advocate had seemed to admit that the prisoner was Jean Valjean. He took note of this. So this man was Jean Valjean. This point had been conceded to the accusation and could no longer be disputed. Here, by means of a clever autonomasia which went back to the sources and causes of crime, the district-attorney thundered against the immorality of the romantic school, then dawning under the name of the Satanic school, which had been bestowed upon it by the critics of the Quotidienne and the Oriflamme; he attributed, not without some probability, to the influence of this perverse literature the crime of Champmathieu, or rather, to speak more correctly, of Jean Valjean. Having exhausted these considerations, he passed on to Jean Valjean himself. Who was this Jean Valjean? Description of Jean Valjean: a monster spewed forth, etc. The model for this sort of description is contained in the tale of Théramène, which is not useful to tragedy, but which every day renders great services to judicial eloquence. The audience and the jury “shuddered.” The description finished, the district-attorney resumed with an oratorical turn calculated to raise the enthusiasm of the journal of the prefecture to the highest pitch on the following day: And it is such a man, etc., etc., etc., vagabond, beggar, without means of existence, etc., etc., inured by his past life to culpable deeds, and but little reformed by his sojourn in the galleys, as was proved by the crime committed against Little Gervais, etc., etc.; it is such a man, caught upon the highway in the very act of theft, a few paces from a wall that had been scaled, still holding in his hand the object stolen, who denies the crime, the theft, the climbing the wall; denies everything; denies even his own identity! In addition to a hundred other proofs, to which we will not recur, four witnesses recognize him—Javert, the upright inspector of police; Javert, and three of his former companions in infamy, the convicts Brevet, Chenildieu, and Cochepaille. What does he offer in opposition to this overwhelming unanimity? His denial. What obduracy! You will do justice, gentlemen of the jury, etc., etc. While the district-attorney was speaking, the accused listened to him open-mouthed, with a sort of amazement in which some admiration was assuredly blended. He was evidently surprised that a man could talk like that. From time to time, at those “energetic” moments of the prosecutor’s speech, when eloquence which cannot contain itself overflows in a flood of withering epithets and envelops the accused like a storm, he moved his head slowly from right to left and from left to right in the sort of mute and melancholy protest with which he had contented himself since the beginning of the argument. Two or three times the spectators who were nearest to him heard him say in a low voice, “That is what comes of not having asked M. Baloup.” The district-attorney directed the attention of the jury to this stupid attitude, evidently deliberate, which denoted not imbecility, but craft, skill, a habit of deceiving justice, and which set forth in all its nakedness the “profound perversity” of this man. He ended by making his reserves on the affair of Little Gervais and demanding a severe sentence.

      At that time, as the reader will remember, it was penal servitude for life.

      The counsel for the defence rose, began by complimenting Monsieur l’Avocat-General on his “admirable speech,” then replied as best he could; but he weakened; the ground was evidently slipping away from under his feet.

      Chapter X

      The System Of Denials

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      THE MOMENT FOR CLOSING the debate had arrived. The President had the accused stand up, and addressed to him the customary question, “Have you anything to add to your defence?”

      The man did not appear to understand, as he stood there, twisting in his hands a terrible cap which he had.

      The President repeated the question.

      This time the man heard it. He seemed to understand. He made a motion like a man who is just waking up, cast his eyes about him, stared at the audience, the gendarmes, his counsel, the jury, the court, laid his monstrous fist on the rim of woodwork in front of his bench, took another look, and all at once, fixing his glance upon the district-attorney, he began to speak. It was like an eruption. It seemed, from the manner in which the words escaped from his mouth,—incoherent, impetuous, pell-mell, tumbling over each other,—as though they were all pressing forward to issue forth at once. He said:—

      “This is what I have to say. That I have been a wheelwright in Paris, and that it was with Monsieur Baloup. It is a hard trade. In the wheelwright’s trade one works always in the open air, in courtyards, under sheds when the masters are good, never in closed workshops, because space is required, you see. In winter one gets so cold that one beats one’s arms together to warm one’s self; but the masters don’t like it; they say it wastes time. Handling iron when there is ice between the paving-stones is hard work. That wears a man out quickly. One is old while he is still quite young in that trade. At forty a man is done for. I was fifty-three. I was in a bad state. And then, workmen are so mean! When a man is no longer young, they call him nothing but an old bird, old beast! I was not earning more than thirty sous a day. They paid me as little as possible. The masters took advantage of my age—and then I had my daughter, who was a laundress at the river. She earned a little also. It sufficed for us two. She had trouble, also; all day long up to her waist in a tub, in rain, in snow. When the wind cuts your face, when it freezes, it is all the same; you must still wash.

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