"Your domestic ran straight forward, instead of taking to the woods, by the side of the rood: this is very unlikely." How does his worship know? Can any judge, however enlightened, tell the exact road that a man will take, who has just missed a coup of murder, and is pursued by a man who is firing pistols at him? And has a judge a right to instruct a jury in this way, as to what they shall, or shall not, believe?
"You have to run after an active man, who has the start of you: to jump out of a carriage; to take your pistols; and THEN, your hammer.THIS IS IMPOSSIBLE." By heavens! does it not make a man's blood boil, to read such blundering, blood-seeking sophistry? This man, when it suits him, shows that Rey would be slow in his motions; and when it suits him, declares that Rey ought to be quick; declares ex cathedra, what pace Rey should go, and what direction he should take; shows, in a breath, that he must have run faster than Peytel; and then, that he could not run fast, because the cloak clogged him; settles how he is to be dressed when he commits a murder, and what money he is to have in his pocket; gives these impossible suppositions to the jury, and tells them that the previous statements are impossible; and, finally, informs them of the precise manner in which Rey must have stood holding his horse-cloth in one hand, his whip and pistol in the other, when he made the supposed attempt at murder.Now, what is the size of a horse-cloth? Is it as big as a pocket-handkerchief? Is there no possibility that it might hang over one shoulder; that the whip should be held under that very arm? Did you never see a carter so carry it, his hands in his pockets all the while? Is it monstrous, abhorrent to nature, that a man should fire a pistol from under a cloak on a rainy day?--that he should, after firing the shot, be frightened, and run; run straight before him, with the cloak on his shoulders, and the weapon in his hand? Peytel's story is possible, and very possible; it is almost probable.Allow that Rey had the cloth on, and you allow that he must have been clogged in his motions; that Peytel may have come up with him--felled him with a blow of the hammer; the doctors say that he would have so fallen by one blow--he would have fallen on his face, as he was found: the paper might have been thrust into his breast, and tumbled out as he fell.Circumstances far more impossible have occurred ere this;and men have been hanged for them, who were as innocent of the crime laid to their charge as the judge on the bench, who convicted them.
In like manner, Peytel may not have committed the crime charged to him; and Mr.Judge, with his arguments as to possibilities and impossibilities,--Mr.Public Prosecutor, with his romantic narrative and inflammatory harangues to the jury,--may have used all these powers to bring to death an innocent man.From the animus with which the case had been conducted from beginning to end, it was easy to see the result.Here it is, in the words of the provincial paper:--BOURG, 28 October, 1839.
"The condemned Peytel has just undergone his punishment, which took place four days before the anniversary of his crime.The terrible drama of the bridge of Andert, which cost the life of two persons, has just terminated on the scaffold.Mid-day had just sounded on the clock of the Palais: the same clock tolled midnight when, on the 30th of August, his sentence was pronounced.
"Since the rejection of his appeal in Cassation, on which his principal hopes were founded, Peytel spoke little of his petition to the King.The notion of transportation was that which he seemed to cherish most.However, he made several inquiries from the gaoler of the prison, when he saw him at meal-time, with regard to the place of execution, the usual hour, and other details on the subject.From that period, the words 'Champ de Foire' (the fair-field, where the execution was to be held), were frequently used by him in conversation.
"Yesterday, the idea that the time had arrived seemed to be more strongly than ever impressed upon him; especially after the departure of the cure, who latterly has been with him every day.
The documents connected with the trial had arrived in the morning.
He was ignorant of this circumstance, but sought to discover from his guardians what they tried to hide from him; and to find out whether his petition was rejected, and when he was to die.
"Yesterday, also, he had written to demand the presence of his counsel, M.Margerand, in order that he might have some conversation with him, and regulate his affairs, before he ----; he did not write down the word, but left in its place a few points of the pen.
"In the evening, whilst he was at supper, he begged earnestly to be allowed a little wax-candle, to finish what he was writing:
otherwise, he said, TIME MIGHT FAIL.This was a new, indirect manner of repeating his ordinary question.As light, up to that evening, had been refused him, it was thought best to deny him in this, as in former instances; otherwise his suspicions might have been confirmed.The keeper refused his demand.
"This morning, Monday, at nine o'clock, the Greffier of the Assize Court, in fulfilment of the painful duty which the law imposes upon him, came to the prison, in company with the cure of Bourg, and announced to the convict that his petition was rejected, and that he had only three hours to live.He received this fatal news with a great deal of calmness, and showed himself to be no more affected than he had been on the trial.'I am ready; but I wish they had given me four-and-twenty hours' notice,'--were all the words he used.
"The Greffier now retired, leaving Peytel alone with the cure, who did not thenceforth quit him.Peytel breakfasted at ten o'clock.
"At eleven, a piquet of mounted gendarmerie and infantry took their station upon the place before the prison, where a great concourse of people had already assembled.An open car was at the door.
