LITMIR.BIZ

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do not understand the theory of your defense, Arsène Lupin. If you are seeking to avoid responsibility for your crimes on the ground of imbecility, such a line of defense is open to you. But I shall proceed with the trial and pay no heed to your vagaries."

      He then narrated at length the various thefts, swindles and forgeries charged against Lupin. Sometimes he questioned the prisoner, but the latter simply grunted or remained silent. The examination of witnesses commenced. Some of the evidence given was immaterial; other portions of it seemed more important, but through all of it there ran a vein of contradictions and inconsistencies. A wearisome obscurity enveloped the proceedings, until Detective Ganimard was called as a witness; then interest was revived.

      From the beginning the actions of the veteran detective appeared strange and unaccountable. He was nervous and ill at ease. Several times he looked at the prisoner, with obvious doubt and anxiety. Then, with his hands resting on the rail in front of him, he recounted the events in which he had participated, including his pursuit of the prisoner across Europe and his arrival in America. He was listened to with great avidity, as his capture of Arsène Lupin was well known to everyone through the medium of the press. Toward the close of his testimony, after referring to his conversations with Arsène Lupin, he stopped, twice, embarrassed and undecided. It was apparent that he was possessed of some thought which he feared to utter. The judge said to him, sympathetically:

      "If you are ill, you may retire for the present."

      "No, no, but—-"

      He stopped, looked sharply at the prisoner, and said:

      "I ask permission to scrutinize the prisoner at closer range. There is some mystery about him that I must solve."

      He approached the accused man, examined him attentively for several minutes, then returned to the witness-stand, and, in an almost solemn voice, he said:

      "I declare, on oath, that the prisoner now before me is not Arsène Lupin."

      A profound silence followed the statement. The judge, nonplused for a moment, exclaimed:

      "Ah! What do you mean? That is absurd!"

      The detective continued:

      "At first sight there is a certain resemblance, but if you carefully consider the nose, the mouth, the hair, the color of skin, you will see that it is not Arsène Lupin. And the eyes! Did he ever have those alcoholic eyes!"

      "Come, come, witness! What do you mean? Do you pretend to say that we are trying the wrong man?"

      "In my opinion, yes. Arsène Lupin has, in some manner, contrived to put this poor devil in his place, unless this man is a willing accomplice."

      This dramatic dénouement caused much laughter and excitement amongst the spectators. The judge adjourned the trial, and sent for Mon. Bouvier, the gaoler, and guards employed in the prison.

      When the trial was resumed, Mon. Bouvier and the gaoler examined the accused and declared that there was only a very slight resemblance between the prisoner and Arsène Lupin.

      "Well, then!" exclaimed the judge, "who is this man? Where does he come from? What is he in prison for?"

      Two of the prison-guards were called and both of them declared that the prisoner was Arsène Lupin. The judged breathed once more.

      But one of the guards then said:

      "Yes, yes, I think it is he."

      "What!" cried the judge, impatiently, "you *think* it is he! What do you mean by that?"

      "Well, I saw very little of the prisoner. He was placed in my charge in the evening and, for two months, he seldom stirred, but laid on his bed with his face to the wall."

      "What about the time prior to those two months?"

      "Before that he occupied a cell in another part of the prison. He was not in cell 24."

      Here the head gaoler interrupted, and said:

      "We changed him to another cell after his attempted escape."

      "But you, monsieur, you have seen him during those two months?"

      "I had no occasion to see him. He was always quiet and orderly."

      "And this prisoner is not Arsène Lupin?"

      "No."

      "Then who is he?" demanded the judge.

      "I do not know."

      "Then we have before us a man who was substituted for Arsène Lupin, two months ago. How do you explain that?"

      "I cannot."

      In absolute despair, the judge turned to the accused and addressed him in a conciliatory tone:

      "Prisoner, can you tell me how, and since when, you became an inmate of the Prison de la Santé?"

      The engaging manner of the judge was calculated to disarm the mistrust and awaken the understanding of the accused man. He tried to reply. Finally, under clever and gentle questioning, he succeeded in framing a few phrases from which the following story was gleaned: Two months ago he had been taken to the Dépôt, examined and released. As he was leaving the building, a free man, he was seized by two guards and placed in the prison-van. Since then he had occupied cell 24. He was contented there, plenty to eat, and he slept well—so he did not complain.

      All that seemed probable; and, amidst the mirth and excitement of the spectators, the judge adjourned the trial until the story could be investigated and verified.

      The following facts were at once established by an examination of the prison records: Eight weeks before a man named Baudru Désiré had slept at the Dépôt. He was released the next day, and left the Dépôt at two o'clock in the afternoon. On the same day at two o'clock, having been examined for the last time, Arsène Lupin left the Dépôt in a prison-van.

      Had the guards made a mistake? Had they been deceived by the resemblance and carelessly substituted this man for their prisoner?

      Another question suggested itself: Had the substitution been arranged in advance? In that event Baudru must have been an accomplice and must have caused his own arrest for the express purpose of taking Lupin's place. But then, by what miracle had such a plan, based on a series of improbable chances, been carried to success?

      Baudru Désiré was turned over to the anthropological service; they had never seen anything like him. However, they easily traced his past history. He was known at Courbevois, at Asnières and at Levallois. He lived on alms and slept in one of those rag-picker's huts near the barrier de Ternes. He had disappeared from there a year ago.

      Had he been enticed away by Arsène Lupin? There was no evidence to that effect. And even if that was so, it did not explain the flight of the prisoner. That still remained a mystery. Amongst twenty theories which sought to explain it, not one was satisfactory. Of the escape itself, there was no doubt; an escape that was incomprehensible, sensational, in which the public, as well as the officers of the law, could detect a carefully prepared plan, a combination of circumstances marvelously dove-tailed, whereof the dénouement fully justified the confident prediction of Arsène Lupin: "I shall not be present at my trial."

      After a month of patient investigation, the problem remained unsolved. The poor devil of a Baudru could not be kept in prison indefinitely, and to place him on trial would be ridiculous. There was no charge against him. Consequently, he was released; but the chief of the Sûrété resolved to keep him under surveillance. This idea originated with Ganimard. From his point of view there was neither complicity nor chance. Baudru was an instrument upon which Arsène Lupin had played with his extraordinary skill. Baudru, when set at liberty, would lead them to Arsène Lupin or, at least, to some of his accomplices. The two inspectors, Folenfant and Dieuzy, were assigned to assist Ganimard.

      One foggy morning in January the prison gates opened and Baudru Désiré stepped forth—a free man. At first he appeared to be quite embarrassed, and walked like a person who has no

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