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 put to vote. The sentence will be given according to the simple majority. Each judge will give his opinion in turn, aloud, in presence of the accused, justice having nothing to conceal.

Cimourdain continued,—

"The first judge has the floor. Speak, Captain Guéchamp."

Captain Guéchamp appeared to see neither Cimourdain, nor Gauvain. He dropped his eyelids, which concealed his motionless eyes fixed on the notice of the decree, and considering it as one considers an abyss. He said,—

"The law is positive. A judge is more and less than a man; he is less than a man, for he has no heart; he is more than a man, because he has the sword. In the year 414 of Rome, Manlius put his son to death for the crime of having won a victory without his order. Violated discipline demands an expiation. In this case it is the law which has been violated; and the law is still higher than discipline. In consequence of an outburst of pity, the country is again placed in danger. Pity may have the proportions of a crime. Commander Gauvain has caused the escape of the rebel Lantenac. Gauvain is guilty. I vote death."

"Write it down, clerk," said Cimourdain.

The clerk wrote, "Captain Guéchamp: death."

Gauvain raised his voice,—

"Guéchamp," he said, you"you [sic] have voted well, and I thank you."

Cimourdain proceeded,—

"The second judge has the floor. Speak, Sergeant Radoub."

"Radoub rose, turned towards Gauvain and saluted the accused. Then he cried out,—

"If it is so, then, guillotine me, for I give you here, in the sight of God, my most sacred word of honor that I should like to have done, first what the old man did, and then what my commander has done. When I saw that man, eighty years old, throw himself into the fire to save three babies, I said, "Good man, you are brave!" and when I learn that my commander had saved this old man from your beast of a guillotine, by a thousand saints I say, "My commander, you ought to be my general, and you are a true man, and as for me, by thunder! I would 23