The Deputy of Arcis [154]
for positive evidence.
In his heart, Desroches did not want to take charge of an affair in which he saw not the slightest chance of success; but he showed his lax integrity by talking over the affair with his client as if it were an ordinary case of legal practice, instead of telling him frankly his opinion that this pretended "case" was a mere intrigue. The number of things done in the domain of evil by connivance in speech, without proceeding to the actual collusion of action, are incalculable.
"In the first place," said Desroches, when the matter was all explained, "a civil suit is not to be thought of. Your Romilly peasant-woman might have her hands full of proofs, but she has no ground herself to stand upon; she has no legal interest in contesting the rights of this recognized natural son."
"Yes, that is what Vinet said just now."
"As for the criminal case, you could, no doubt, compel it by giving information to the police authorities of this alleged imposture--"
"Vinet," interrupted Maxime, "inclined to the criminal proceeding."
"Yes, but there are a great many objections to it. In the first place, in order that the complaint be received at all, you must produce a certain amount of proof; then, supposing it is received, and the authorities are determined to pursue the case, you must have more evidence of criminality than you have now; and, moreover, supposing that you can show that the so-called Marquis de Sallenauve committed a fraud, how will you prove that the so-called son was privy to it? He might have been the dupe of some political schemer."
"But what interest could such a schemer have in giving Dorlange the many advantages he has derived from the recognition?"
"Ah! my dear fellow, in political manners all queer proceedings are possible; there is no such fertile source for compilers of /causes celebres/ and novelists. In the eyes of the law, you must remember, the counterfeiting of a person is not always a crime."
"How so?" asked Maxime.
"Here," said Desroches, taking up the Five Codes; "do me the favor to read Article 5 of the Penal Code, the only one which gives an opening to the case you have in mind."
Maxime read aloud the article, which was as follows:--
"'Any functionary or public officer who, in the exercise of his function, shall commit forgery--either by false signatures, by alterations of deeds, writings, or signatures, or by counterfeiting persons--' There, you see," said Maxime, interrupting himself,--"'by counterfeiting persons--'"
"Go on," insisted Desroches.
"'--by counterfeiting persons,'" resumed de Trailles, "'either by writings made or intercalated in the public records or other documents, shall be punished by imprisonment at hard labor for life.'"
Maxime lingered lovingly over the last words, which gave his revenge a foretaste of the fate that awaited Sallenauve.
"My dear count," said Desroches, "you do as the barristers do; they read to the jury only so much of a legal document as suits their point of view. You pay no attention to the fact that the only persons affected by this article are /functionaries/ or /public officers/."
Maxime re-read the article, and convinced himself of the truth of that remark.
"But," he objected, "there must be something elsewhere about such a crime when committed by private individuals."
"No, there is not; you can trust my knowledge of jurisprudence,--the Code is absolutely silent in that direction."
"Then the crime we wish to denounce can be committed with impunity?"
"Its repression is always doubtful," replied Desroches. "Judges do sometimes make up for the deficiency of the Code in this respect. Here," he added, turning over the leaves of a book of reference,-- "here are two decisions of the court of assizes, reported in Carnot's Commentary on the Penal Code: one of July 7, 1814, the other April 24, 1818,--both confirmed by the court of appeals, which condemn for forgery, by 'counterfeiting persons,' individuals who were neither functionaries nor public officers: but these decisions, unique in
In his heart, Desroches did not want to take charge of an affair in which he saw not the slightest chance of success; but he showed his lax integrity by talking over the affair with his client as if it were an ordinary case of legal practice, instead of telling him frankly his opinion that this pretended "case" was a mere intrigue. The number of things done in the domain of evil by connivance in speech, without proceeding to the actual collusion of action, are incalculable.
"In the first place," said Desroches, when the matter was all explained, "a civil suit is not to be thought of. Your Romilly peasant-woman might have her hands full of proofs, but she has no ground herself to stand upon; she has no legal interest in contesting the rights of this recognized natural son."
"Yes, that is what Vinet said just now."
"As for the criminal case, you could, no doubt, compel it by giving information to the police authorities of this alleged imposture--"
"Vinet," interrupted Maxime, "inclined to the criminal proceeding."
"Yes, but there are a great many objections to it. In the first place, in order that the complaint be received at all, you must produce a certain amount of proof; then, supposing it is received, and the authorities are determined to pursue the case, you must have more evidence of criminality than you have now; and, moreover, supposing that you can show that the so-called Marquis de Sallenauve committed a fraud, how will you prove that the so-called son was privy to it? He might have been the dupe of some political schemer."
"But what interest could such a schemer have in giving Dorlange the many advantages he has derived from the recognition?"
"Ah! my dear fellow, in political manners all queer proceedings are possible; there is no such fertile source for compilers of /causes celebres/ and novelists. In the eyes of the law, you must remember, the counterfeiting of a person is not always a crime."
"How so?" asked Maxime.
"Here," said Desroches, taking up the Five Codes; "do me the favor to read Article 5 of the Penal Code, the only one which gives an opening to the case you have in mind."
Maxime read aloud the article, which was as follows:--
"'Any functionary or public officer who, in the exercise of his function, shall commit forgery--either by false signatures, by alterations of deeds, writings, or signatures, or by counterfeiting persons--' There, you see," said Maxime, interrupting himself,--"'by counterfeiting persons--'"
"Go on," insisted Desroches.
"'--by counterfeiting persons,'" resumed de Trailles, "'either by writings made or intercalated in the public records or other documents, shall be punished by imprisonment at hard labor for life.'"
Maxime lingered lovingly over the last words, which gave his revenge a foretaste of the fate that awaited Sallenauve.
"My dear count," said Desroches, "you do as the barristers do; they read to the jury only so much of a legal document as suits their point of view. You pay no attention to the fact that the only persons affected by this article are /functionaries/ or /public officers/."
Maxime re-read the article, and convinced himself of the truth of that remark.
"But," he objected, "there must be something elsewhere about such a crime when committed by private individuals."
"No, there is not; you can trust my knowledge of jurisprudence,--the Code is absolutely silent in that direction."
"Then the crime we wish to denounce can be committed with impunity?"
"Its repression is always doubtful," replied Desroches. "Judges do sometimes make up for the deficiency of the Code in this respect. Here," he added, turning over the leaves of a book of reference,-- "here are two decisions of the court of assizes, reported in Carnot's Commentary on the Penal Code: one of July 7, 1814, the other April 24, 1818,--both confirmed by the court of appeals, which condemn for forgery, by 'counterfeiting persons,' individuals who were neither functionaries nor public officers: but these decisions, unique in