Cases of Circumstantial Evidence - Janet Lewis

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de poincts de droict. (Master Jean Corras, great jurist, who was the recorder for the trial, has presented us with the written story, with commentaries to embellish it in points of law.) It is reasonably certain that whoever wrote the story for the Famous Cases had recourse to the work of Maître Corras. It is said that Corras later became a famous judge, and that he was hanged in his scarlet robes after the massacre of St. Bartholomew in the excitement which spread from Paris to the provinces, and which died away only in October of that year, 1572, almost twelve years to a day after the execution of Arnaud du Tilh. I have been told, also, that Michel de Montaigne refers in one of his essays to the curious case of Martin Guerre, his contemporary. I regret that I cannot cite the number of the essay. Still, between Pasquier, Montaigne, and Maître Jean Corras, we can be sure that such a trial indeed took place; and in retelling the story of Bertrande de Rols I have tried to be as faithful to the historical events as the distances of time and place permit. The account of the trial by Pasquier is briefer than that in the Famous Cases, but contains a few interesting details not given in the latter. He concludes his account by these words: Mais je demanderois volontiers si ce Monsieur Martin Guerre qui s’aigrit si âprement contre sa femme, ne maritoit pas une punition aussi griefve qu’Arnaut Tillier, pour avoir par son absence esté cause de ce mesfait? (But I would willingly ask you if this Monsieur Martin Guerre who became so embittered toward his wife, did not deserve a punishment as severe as that of Arnaud Tillier, for having been by his absence the cause of this wrong-doing?)

      J.L.

      [1947]

      I. Artigues

      One morning in January, 1539, a wedding was celebrated in the village of Artigues. That night the two children who had been espoused to one another lay in bed in the house of the groom’s father. They were Bertrande de Rols, aged eleven years, and Martin Guerre, who was no older, both offspring of rich peasant families as ancient, as feudal and as proud as any of the great seignorial houses of Gascony. The room was cold. Outside the snow lay thinly over the stony ground, or, gathered into long shallow drifts at the corners of houses, left the earth bare. But higher, it extended upward in great sheets and dunes, mantling the ridges and choking the wooded valleys, toward the peak of La Bacanère and the long ridge of Le Burat, and to the south, beyond the long valley of Luchon, the granite Maladetta stood sheathed in ice and snow. The passes to Spain were buried under whiteness. The Pyrenees had become for the winter season an impassable wall. Those Spaniards who were in French territory after the first heavy snowfall in September, remained there, and those Frenchmen, smugglers or soldiers or simple travelers who found themselves on the wrong side of the Port de Venasque were doomed to remain there until spring. Sheep in fold, cattle in the grange, faggots heaped high against the wall of the farm, the mountain villages were closed in enforced idleness and isolation. It was a season of leisure in which weddings might well be celebrated.

      Bertrande had not spoken to Martin in all her life until that morning, although she had often seen him; indeed she had not known until the evening before that a marriage had been arranged. That morning she had knelt with Martin before his father and then had walked with him across the snow, dressed bravely in a new red cape and attended by many friends and relatives and by the sound of violins, to the church of Artigues where the marriage ceremony had been completed. She had found it quite as serious an affair as first communion.

      Afterwards, still to the music of the violins, which sounded thin and sharp in the cold air, she had returned to the house of her husband where a huge fire of oak logs garnished with vine-trimmings roared in the big fireplace, and where the kitchen, the principal room of the house, was set with improvised tables, long boards laid over trestles. The stone floor had been freshly strewn with broken boughs of evergreen. The sides and bottoms of the copper pans flashed redly with the reflection of the flames, and the air was rich with the good smell of roasting meat and of freshly poured wine. Underfoot the snow from the sabots melted and sank beneath the trodden evergreens. A smell of humanity and of steaming wool mingled with the odors of the food, and the room was incredibly noisy with conversation.

      It was a gay, an important event. Everyone was intensely jubilant, but the small bride received very little attention. After the first embraces and compliments, she sat beside her mother at the long table and ate the food which her mother served her from the big platters. Now and again she felt her mother’s arm steal warmly about her shoulders, and felt herself pressed briefly against her mother’s breast, proudly and reassuringly, but as the feast proceeded her mother’s attention became more engrossed with the conversation of the curé, who sat opposite, and of the groom’s father, who sat upon her other side, and Bertrande, immune from observation in the midst of all this commotion which was ostensibly in her honor, looked about the room at her ease, and fed pieces of hard bread dipped in grease to the woolly Pyrenean sheep dog with the long curly tail who nosed his head into her lap from his place beneath the table. By and by, when the dishes of soup and roast had given way to the boiled chestnuts, cheese, honey and dried fruits, she slipped from her place and began quietly to explore the room.

      Behind the table where she had been sitting the beds were ranged, end to end, the curtains of yellow serge drawn close, each one an apartment in itself. The child brushed between these curtains and the stout backs of the merrymakers, moving slowly toward the nearer corner of the room, where she stood, her back against a tall cupboard, and surveyed the scene. Across from her the blackened fireplace occupied at least a third of the wall, and the brightness of the leaping flames left the corners on either side in confused semi-darkness. In the middle of the wall to the right, however, she spied a door, and toward that she gradually made her way. It proved to be the entrance to a long cold corridor, from which doors opened into storerooms, rooms for the shepherds, and lighted only by a small window of which the wooden shutters were closed. Another person had taken refuge from the festivities in this corridor, and was intent upon undoing the bolts of the shutters. The half of the shutter folded back, a flood of sharp snowy sunlight fell into the corridor, and in its brightness she recognized Martin. She made a step forward, uncertainly, and Martin, hearing it, turned and advanced upon her, his hands outstretched and a fearsome expression on his long, young face. He had disliked being married, and, in order to express his dislike of the affair, and also to express the power of his newly acquired sovereignty, he cuffed Bertrande soundly upon the ears, scratched her face and pulled her hair, all without a word. Her cries brought a rescuer, her mother’s sister, who rebuked the bridegroom and led the bride back into the kitchen, where she remained beside her mother until the hour when she was led by her mother and her mother-in-law into the Chamber, the room on the opposite side of the kitchen, where stood the master’s bed, now dedicated to the formalities of the wedding.

      Bertrande was disrobed and attired in night garments and a bonnet-de-nuit. Martin was brought in and similarly attired, and the two children were put to bed together in the presence of all the company. In deference to the extreme youth of the bridal couple, however, the serge curtains were not pulled, and a torch, fastened to the wall, was left blazing.

      The company remained in the room for a time, laughing at jokes of a time-honored nature, while the two children lay very still and did not look at each other. By and by the merrymakers drifted into the kitchen, and last of all the father of Martin Guerre paused in the doorway to wish his children a formal goodnight. Bertrande saw his features, exaggerated in the flare of the torch, bent in an expression of great seriousness, and the realization that henceforth her life lay beneath his jurisdiction came suddenly and overwhelmingly to the little girl. The door closed behind him. The unglazed window was also closed, but between the leaves of the shutter a draft came which shook the flame of the torch. Otherwise the air was still and dead. The floor was bare, and the room was unfurnished save for a row of carved chests against the wall and the great bed in which she lay. She was tired and frightened. She did not know what Martin might not take it into his head to do to her. Presently she felt him stir.

      “I am tired of all this business,” he said, turning on his side and burrowing his head into his pillow. Soon his breathing became regular, and, without daring to move her body, Bertrande relaxed. She was safe. Her husband was asleep.

      From her high pillow she watched the torch, as the flame wavered, and little particles of blazing lint detached themselves and fell, smoking, to the stone floor. One was long in falling; it clung, a blazing thread, making the flame

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