8 (9)

A PLACE FOR ARRIVING AT CONVICTIONS^ar

HE TOOK A STEP, closed the door behind him, mechanically, and remained standing, noting what he saw.

It was a large hall, dimly lighted, and noisy and silent by turns, where all the machinery of a criminal trial was exhibited, with its petty, yet solemn gravity, before the multitude.

At one end of the hall, that at which he found himself, heedless judges, in threadbare robes, were biting their finger-nails, or closing their eyelids; at the other end was a ragged rabble; there were lawyers in all sorts of attitudes; soldiers with honest and hard faces; old, stained wainscoting, a dirty ceiling, tables covered with serge, which was more nearly yellow than green; doors blackened by finger-marks; tavern lamps, giving more smoke than light, on nails in the panelling; candles, in brass candlesticks, on the tables; everywhere darkness, unsightliness, and gloom; and from all this there arose an austere and august impression; for men felt therein the presence of that great human thing which is called law, and that great divine thing which is called justice.

No man in this multitude paid any attention to him. All eyes converged on a single point, a wooden bench placed against a little door, along the wall at the left hand of the judge. Upon this bench, which was lighted by several candles, was a man between two gendarmes.

This was the man.

He did not look for him, he saw him. His eyes went towards him naturally, as if they had known in advance where he was.

He thought he saw himself, older, doubtless, not precisely the same in features, but alike in attitude and appearance, with that bristling hair, with those wild and restless eyeballs, with that smock—just as he was on the day he entered D——, full of hatred, and concealing in his soul that hideous hoard of frightful thoughts which he had spent nineteen years in gathering upon the floor of the galleys.

He said to himself, with a shudder: “Great God! shall I again come to this?”

This being appeared at least sixty years old. There was something indescribably rough, stupid, and terrified in his appearance.

At the sound of the door, people had stood aside to make room. The judge had turned his head, and supposing the person who entered to be the mayor of M——sur M——, greeted him with a bow. The prosecuting attorney, who had seen Madeleine at M—sur M——, whither he had been called more than once by the duties of his office, recognised him and bowed likewise. He scarcely perceived them. He gazed about him, a prey to a sort of hallucination.

Judges, clerk, gendarmes, a throng of heads, cruelly curious—he had seen all these once before, twenty-seven years ago. He had fallen again upon these fearful things; they were before him, they moved, they had being; it was no longer an effort of his memory, a mirage of his fancy, but real gendarmes and real judges, a real throng, and real men of flesh and bone. It was done; he saw reappearing and living again around him, with all the frightfulness of reality, the monstrous visions of the past.

All this was yawning before him.

Stricken with horror, he closed his eyes, and exclaimed from the depths of his soul: “Never!”

And by a tragic sport of destiny, which was agitating all his ideas and rendering him almost insane, it was another self before him. This man on trial was called by all around him, Jean Valjean!

He had before his eyes an unheard-of vision, a sort of representation of the most horrible moment of his life, played by his shadow.

All, everything was there—the same paraphernalia, the same hour of the night—almost the same faces, judge and assistant judges, soldiers and spectators. But above the head of the judge was a crucifix, a thing which did not appear in court-rooms at the time of his sentence. When he was tried, God was not there.¹¹

A chair was behind him; he sank into it, terrified at the idea that he might be observed. When seated, he took advantage of a pile of papers on the judges’ desk to hide his face from the whole room. He could now see without being seen. He entered fully into the spirit of the reality; by degrees he recovered his composure, and arrived at that degree of calmness at which it is possible to listen.

Monsieur Bamatabois was one of the jurors.

He looked for Javert, but did not see him. The witnesses’ seat was hidden from him by the clerk’s table. And then, as we have just said, the hall was very dimly lighted.

At the moment of his entrance, the counsel for the prisoner was finishing his plea. The attention of all was excited to the highest degree; the trial had been in progress for three hours. During these three hours, the spectators had seen a man, an unknown, wretched being, thoroughly stupid or thoroughly artful, gradually bending beneath the weight of a terrible probability. This man, as is already known, was a vagrant who had been found in a field, carrying off a branch, laden with ripe apples, which had been broken from a tree in a neighbouring close called the Pierron inclosure. Who was this man? An examination had been held, witnesses had been heard, they had been unanimous, light had been elicited from every portion of the trial. The prosecution said: “We have here not merely a fruit thief, a marauder; we have here, in our hands, a bandit, a recidivist who has violated his parole, a former convict, a most dangerous wretch, a malefactor, called Jean Valjean, of whom justice has been long in pursuit, and who, eight years ago, on leaving the galleys at Toulon, committed a highway robbery, with force and arms, upon the person of a youth of Savoy, Petit Gervais by name, a crime which is specified in Article 383 of the Penal Code, and for which we reserve the right of further prosecution when his identity shall be judicially established. He has now committed a new theft. It is a second offence. Convict him for the new crime; he will be tried hereafter for the previous one.” Before this accusation, before the unanimity of the witnesses, the principal emotion evinced by the accused was astonishment. He made gestures and signs which signified denial, or he gazed at the ceiling. He spoke with difficulty, and answered with embarrassment, but from head to foot his whole person denied the charge. He seemed like an idiot in the presence of all these intellects ranged in battle around him, and like a stranger in the midst of this society by whom he had been seized. Nevertheless, a most threatening future awaited him; probabilities increased every moment; and every spectator was looking with more anxiety than himself for the calamitous sentence which seemed to be hanging over his head with ever increasing surety. One contingency even gave a glimpse of the possibility, beyond the galleys, of a capital penalty should his identity be established, and the Petit Gervais affair result in his conviction. Who was this man? What was the nature of his apathy? Was it imbecility or artifice? Did he know too much or nothing at all? These were questions upon which the spectators took sides, and which seemed to affect the jury. There was something fearful and something mysterious in the trial; the drama was not merely gloomy, but it was obscure.

The counsel for the defence had made a very good plea. The counsel established that the theft of the apples was not in fact proved. His client, whom in his character of counsel he persisted in calling Champmathieu, had not been seen to scale the wall or break off the branch. He had been arrested in possession of this branch (which the counsel preferred to call bough); but he said that he had found it on the ground. Where was the proof to the contrary? Undoubtedly this branch had been broken and carried off after the scaling of the wall, then thrown away by the alarmed marauder; undoubtedly, there had been a thief.—But what evidence was there that this thief was Champmathieu? One single thing. That he was formerly a convict. The counsel would not deny that this fact unfortunately appeared to be fully proved; the defendant had resided at Faverolles; the defendant had been a pruner, the name of Champmathieu might well have had its origin in that of Jean Mathieu; all this was true, and finally, four witnesses had positively and without hesitation identified Champmathieu as the galley slave, Jean Valjean; to these circumstances and this testimony the counsel could oppose nothing but the denial of his client, an interested denial; but even supposing him to be the convict Jean Valjean, did this prove that he had stolen the apples? that was a presumption at most, not a proof. The accused, it was true, and the counsel “in good faith” must admit it, had adopted “a mistaken system of defence.” He had persisted in denying everything, both the theft and the fact that he had been a convict. An avowal on the latter point would have been better certainly, and would have secured to him the indulgence of the judges; the counsel had advised him to this course, but the defendant had obstinately refused, expecting probably to escape punishment entirely, by admitting nothing. It was a mistake, but must not the poverty of his intellect be taken into consideration? The man was evidently an imbecile. Long suffering in the galleys, long suffering out of the galleys, had brutalised him, etc., etc.; if he made a bad defence, was this a reason for convicting him? As to the Petit Gervais affair, the counsel had nothing to say, it was not in the case. He concluded by entreating the jury and court, if the identity of Jean Valjean appeared evident to them, to apply to him the police penalties prescribed for the breaking of parole, and not the fearful punishment decreed to the convict found guilty of a second offence.

The prosecuting attorney replied to the counsel for the defence. He was violent and flowery, like most prosecuting attorneys.

He complimented the counsel for his “frankness,” of which he shrewdly took advantage. He attacked the accused through all the concessions which his counsel had made. The counsel seemed to admit that the accused was Jean Valjean. He accepted the admission. This man then was Jean Valiean. This fact was conceded to the prosecution, and could be no longer contested. Here, by an adroit autonomasia, going back to the sources and causes of crime, the prosecuting attorney thundered against the immorality of the romantic school—then in its dawn, under the name of the Satanic school, conferred upon it by the critics of the Quotidienne and the Oriflamme; and he attributed, not without plausibility, to the influence of this perverse literature, the crime of Champmathieu, or rather of Jean Valjean. These considerations exhausted, he passed to Jean Valjean himself. Who was Jean Valjean? Description of Jean Valjean: a monster vomited, etc. The model of all such descriptions may be found in the story of Théramène, which as tragedy is useless, but which does great service in judicial eloquence every day.^as The auditory and the jury “shuddered.” This description finished, the prosecuting attorney resumed with an oratorical burst, designed to excite the enthusiasm of the Journal de la Préfecture to the highest pitch next morning. “And it is such a man,” etc., etc. A vagabond, a mendicant, without means of existence, etc., etc. Accustomed through his existence to criminal acts and profiting little by his past life in the galleys, as is proved by the crime committed upon Petit Gervais, etc., etc. It is such a man who, found on the highway in the very act of theft, a few paces from a wall that had been scaled, still holding in his hand the subject of his crime, denies the act in which he is caught, denies the theft, denies the escalade, denies everything, denies even his name, denies even his identity! Besides a hundred other proofs, to which we will not return, he is identified by four witnesses—Javert—the incorruptible inspector of police. Javert—and three of his former companions in disgrace, the convicts Brevet, Chenildieu, and Cochepaille. What has he to oppose to this overwhelming unanimity? His denial. What depravity! You will do justice, gentlemen of the jury, etc., etc. While the prosecuting attorney was speaking the accused listened opened-mouthed, with a sort of astonishment, not unmingled with admiration. He was evidently surprised that a man could speak so well. From time to time, at the most “forcible” parts of the argument, at those moments when eloquence, unable to contain itself, overflows in a stream of withering epithets, and surrounds the prisoner like a tempest, he slowly moved his head from right to left, and from left to right—a sort of sad, mute protest, with which he contented himself from the beginning of the argument. Two or three times the spectators nearest him heard him say in a low tone: “This all comes from not asking for Monsieur Baloup!” The prosecuting attorney pointed out to the jury this air of stupidity, which was evidently put on, and which denoted, not imbecility, but address, artifice, and the habit of deceiving justice, and which showed in its full light the “deep-rooted perversity” of the man. He concluded by reserving entirely the Petit Gervais affair, and demanding a sentence to the full extent of the law.

This was, for this offence, as will be remembered, hard labour for life.

The counsel for the prisoner rose, commenced by complimenting “Monsieur, the prosecuting attorney, on his admirable argument,” then replied as best he could, but in a weaker tone; the ground was evidently giving way under him.