The End of Evil Ways/Section 3

The apparently dying victim on this occasion could not get out of the horrible vehicle without the assistance of two gendarmes, who took him under the arms to support him, and led him half unconscious into the office. Thus dragged along, the dying man raised his eyes to heaven in such a way as to suggest a resemblance to the Saviour taken down from the Cross. And certainly in no picture does Jesus present a more cadaverous or tortured countenance than this of the sham Spaniard; he looked ready to breathe his last sigh. As soon as he was seated in the office, he repeated in a weak voice the speech he had made to everybody since he was arrested:

"I appeal to His Excellency the Spanish Ambassador."

"You can say that to the examining judge," replied the Governor.

"Oh Lord!" said Jacques Collin, with a sigh. "But cannot I have a breviary! Shall I never be allowed to see a doctor? I have not two hours to live."

As Carlos Herrera was to be placed in close confinement in the secret cells, it was needless to ask him whether he claimed the benefits of the pistole (as above described), that is to say, the right of having one of the rooms where the prisoner enjoys such comfort as the law permits. These rooms are on the other side of the prison-yard, of which mention will presently be made. The sheriff and the clerk calmly carried out the formalities of the consignment to prison.

"Monsieur," said Jacques Collin to the Governor in broken French, "I am, as you see, a dying man. Pray, if you can, tell that examining judge as soon as possible that I crave as a favor what a criminal must most dread, namely, to be brought before him as soon as he arrives; for my sufferings are really unbearable, and as soon as I see him the mistake will be cleared up&mdash;&mdash;"

As an universal rule every criminal talks of a mistake. Go to the hulks and question the convicts; they are almost all victims of a miscarriage of justice. So this speech raises a faint smile in all who come into contact with the suspected, accused, or condemned criminal.

"I will mention your request to the examining judge," replied the Governor.

"And I shall bless you, monsieur!" replied the false Abbe, raising his eyes to heaven.

As soon as his name was entered on the calendar, Carlos Herrera, supported under each arm by a man of the municipal guard, and followed by a turnkey instructed by the Governor as to the number of the cell in which the prisoner was to be placed, was led through the subterranean maze of the Conciergerie into a perfectly wholesome room, whatever certain philanthropists may say to the contrary, but cut off from all possible communication with the outer world.

As soon as he was removed, the warders, the Governor, and his clerk looked at each other as though asking each other's opinion, and suspicion was legible on every face; but at the appearance of the second man in custody the spectators relapsed into their usual doubting frame of mind, concealed under the air of indifference. Only in very extraordinary cases do the functionaries of the Conciergerie feel any curiosity; the prisoners are no more to them than a barber's customers are to him. Hence all the formalities which appall the imagination are carried out with less fuss than a money transaction at a banker's, and often with greater civility.

Lucien's expression was that of a dejected criminal. He submitted to everything, and obeyed like a machine. All the way from Fontainebleau the poet had been facing his ruin, and telling himself that the hour of expiation had tolled. Pale and exhausted, knowing nothing of what had happened at Esther's house during his absence, he only knew that he was the intimate ally of an escaped convict, a situation which enabled him to guess at disaster worse than death. When his mind could command a thought, it was that of suicide. He must, at any cost, escape the ignominy that loomed before him like the phantasm of a dreadful dream.

Jacques Collin, as the more dangerous of the two culprits, was placed in a cell of solid masonry, deriving its light from one of the narrow yards, of which there are several in the interior of the Palace, in the wing where the public prosecutor's chambers are. This little yard is the airing-ground for the female prisoners. Lucien was taken to the same part of the building, to a cell adjoining the rooms let to misdemeanants; for, by orders from the examining judge, the Governor treated him with some consideration.

Persons who have never had anything to do with the action of the law usually have the darkest notions as to the meaning of solitary or secret confinement. Ideas as to the treatment of criminals have not yet become disentangled from the old pictures of torture chambers, of the unhealthiness of a prison, the chill of stone walls sweating tears, the coarseness of the jailers and of the food&mdash;inevitable accessories of the drama; but it is not unnecessary to explain here that these exaggerations exist only on the stage, and only make lawyers and judges smile, as well as those who visit prisons out of curiosity, or who come to study them.

For a long time, no doubt, they were terrible. In the days of the old Parlement, of Louis XIII. and Louis XIV., the accused were, no doubt, flung pell-mell into a low room underneath the old gateway. The prisons were among the crimes of 1789, and it is enough only to see the cells where the Queen and Madame Elizabeth were incarcerated to conceive a horror of old judicial proceedings.

In our day, though philanthropy has brought incalculable mischief on society, it has produced some good for the individual. It is to Napoleon that we owe our Criminal Code; and this, even more than the Civil Code&mdash;which still urgently needs reform on some points&mdash;will remain one of the greatest monuments of his short reign. This new view of criminal law put an end to a perfect abyss of misery. Indeed, it may be said that, apart from the terrible moral torture which men of the better classes must suffer when they find themselves in the power of the law, the action of that power is simple and mild to a degree that would hardly be expected. Suspected or accused criminals are certainly not lodged as if they were at home; but every necessary is supplied to them in the prisons of Paris. Besides, the burden of feelings that weighs on them deprives the details of daily life of their customary value. It is never the body that suffers. The mind is in such a phase of violence that every form of discomfort or of brutal treatment, if such there were, would be easily endured in such a frame of mind. And it must be admitted that an innocent man is quickly released, especially in Paris.

So Lucien, on entering his cell, saw an exact reproduction of the first room he had occupied in Paris at the Hotel Cluny. A bed to compare with those in the worst furnished apartments of the Quartier Latin, straw chairs with the bottoms out, a table and a few utensils, compose the furniture of such a room, in which two accused prisoners are not unfrequently placed together when they are quiet in their ways, and their misdeeds are not crimes of violence, but such as forgery or bankruptcy.

This resemblance between his starting-point, in the days of his innocency, and his goal, the lowest depths of degradation and sham, was so direct an appeal to his last chord of poetic feeling, that the unhappy fellow melted into tears. For four hours he wept, as rigid in appearance as a figure of stone, but enduring the subversion of all his hopes, the crushing of all his social vanity, and the utter overthrow of his pride, smarting in each separate I that exists in an ambitious man&mdash;a lover, a success, a dandy, a Parisian, a poet, a libertine, and a favorite. Everything in him was broken by this fall as of Icarus.

Carlos Herrera, on the other hand, as soon as he was locked into his cell and found himself alone, began pacing it to and fro like the polar bear in his cage. He carefully examined the door and assured himself that, with the exception of the peephole, there was not a crack in it. He sounded all the walls, he looked up the funnel down which a dim light came, and he said to himself, "I am safe enough!"

He sat down in a corner where the eye of a prying warder at the grating of the peephole could not see him. Then he took off his wig, and hastily ungummed a piece of paper that did duty as lining. The side of the paper next his head was so greasy that it looked like the very texture of the wig. If it had occurred to Bibi-Lupin to snatch off the wig to establish the identity of the Spaniard with Jacques Collin, he would never have thought twice about the paper, it looked so exactly like part of the wigmaker's work. The other side was still fairly white, and clean enough to have a few lines written on it. The delicate and tiresome task of unsticking it had been begun in La Force; two hours would not have been long enough; it had taken him half of the day before. The prisoner began by tearing this precious scrap of paper so as to have a strip four or five lines wide, which he divided into several bits; he then replaced his store of paper in the same strange hiding-place, after damping the gummed side so as to make it stick again. He felt in a lock of his hair for one of those pencil leads as thin as a stout pin, then recently invented by Susse, and which he had put in with some gum; he broke off a scrap long enough to write with and small enough to hide in his ear. Having made these preparations with the rapidity and certainty of hand peculiar to old convicts, who are as light-fingered as monkeys, Jacques Collin sat down on the edge of his bed to meditate on his instructions to Asie, in perfect confidence that he should come across her, so entirely did he rely on the woman's genius.

"During the preliminary examination," he reflected, "I pretended to be a Spaniard and spoke broken French, appealed to my Ambassador, and alleged diplomatic privilege, not understanding anything I was asked, the whole performance varied by fainting, pauses, sighs&mdash;in short, all the vagaries of a dying man. I must stick to that. My papers are all regular. Asie and I can eat up Monsieur Camusot; he is no great shakes!

"Now I must think of Lucien; he must be made to pull himself together. I must get at the boy at whatever cost, and show him some plan of conduct, otherwise he will give himself up, give me up, lose all! He must be taught his lesson before he is examined. And besides, I must find some witnesses to swear to my being a priest!"

Such was the position, moral and physical, of these two prisoners, whose fate at the moment depended on Monsieur Camusot, examining judge to the Inferior Court of the Seine, and sovereign master, during the time granted to him by the Code, of the smallest details of their existence, since he alone could grant leave for them to be visited by the chaplains, the doctor, or any one else in the world.

No human authority&mdash;neither the King, nor the Keeper of the Seals, nor the Prime Minister, can encroach on the power of an examining judge; nothing can stop him, no one can control him. He is a monarch, subject only to his conscience and the Law. At the present time, when philosophers, philanthropists, and politicians are constantly endeavoring to reduce every social power, the rights conferred on the examining judges have become the object of attacks that are all the more serious because they are almost justified by those rights, which, it must be owned, are enormous. And yet, as every man of sense will own, that power ought to remain unimpaired; in certain cases, its exercise can be mitigated by a strong infusion of caution; but society is already threatened by the ineptitude and weakness of the jury&mdash;which is, in fact, the really supreme bench, and which ought to be composed only of choice and elected men&mdash;and it would be in danger of ruin if this pillar were broken which now upholds our criminal procedure.

Arrest on suspicion is one of the terrible but necessary powers of which the risk to society is counterbalanced by its immense importance. And besides, distrust of the magistracy in general is a beginning of social dissolution. Destroy that institution, and reconstruct it on another basis; insist&mdash;as was the case before the Revolution&mdash;that judges should show a large guarantee of fortune; but, at any cost, believe in it! Do not make it an image of society to be insulted!

In these days a judge, paid as a functionary, and generally a poor man, has in the place of his dignity of old a haughtiness of demeanor that seems odious to the men raised to be his equals; for haughtiness is dignity without a solid basis. That is the vicious element in the present system. If France were divided into ten circuits, the magistracy might be reinstated by conferring its dignities on men of fortune; but with six-and-twenty circuits this is impossible.

The only real improvement to be insisted on in the exercise of the power intrusted to the examining judge, is an alteration in the conditions of preliminary imprisonment. The mere fact of suspicion ought to make no difference in the habits of life of the suspected parties. Houses of detention for them ought to be constructed in Paris, furnished and arranged in such a way as greatly to modify the feeling of the public with regard to suspected persons. The law is good, and is necessary; its application is in fault, and public feeling judges the laws from the way in which they are carried out. And public opinion in France condemns persons under suspicion, while, by an inexplicable reaction, it justifies those committed for trial. This, perhaps, is a result of the essentially refractory nature of the French.

This illogical temper of the Parisian people was one of the factors which contributed to the climax of this drama; nay, as may be seen, it was one of the most important.

To enter into the secret of the terrible scenes which are acted out in the examining judge's chambers; to understand the respective positions of the two belligerent powers, the Law and the examinee, the object of whose contest is a certain secret kept by the prisoner from the inquisition of the magistrate&mdash;well named in prison slang, "the curious man"&mdash;it must always be remembered that persons imprisoned under suspicion know nothing of what is being said by the seven or eight publics that compose the Public, nothing of how much the police know, or the authorities, or the little that newspapers can publish as to the circumstances of the crime.

Thus, to give a man in custody such information as Jacques Collin had just received from Asie as to Lucien's arrest, is throwing a rope to a drowning man. As will be seen, in consequence of this ignorance, a stratagem which, without this warning, must certainly have been equally fatal to the convict, was doomed to failure.