Les Miserables by Victor Hugo - HTML preview

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Chapter 9

A PLACE WHERE CONVICTIONS ARE IN PROCESS OF FORMATION

 

He advanced a pace, closed the door mechanically behind him, and remained standing, contemplating what he saw.

It was a vast and badly lighted apartment, now full of uproar, now full of silence, where all the apparatus of a criminal case, with its petty and mournful gravity in the midst of the throng, was in process of development.

At the one end of the hall, the one where he was, were judges, with abstracted air, in threadbare robes, who were gnawing their nails or closing their eyelids; at the other end, a ragged crowd; lawyers in all sorts of attitudes; soldiers with hard but honest faces; ancient, spotted woodwork, a dirty ceiling, tables covered with serge that was yellow rather than green; doors blackened by handmarks; tap-room lamps which emitted more smoke than light, suspended from nails in the wainscot; on the tables candles in brass candlesticks; darkness, ugliness, sadness; and from all this there was disengaged an austere and august impression, for one there felt that grand human thing which is called the law, and that grand divine thing which is called justice.

No one in all that throng paid any attention to him; all glances were directed towards a single point, a wooden bench placed against a small door, in the stretch of wall on the President's left; on this bench, illuminated by several candles, sat a man between two gendarmes.

This man was the man.

 

He did not seek him; he saw him; his eyes went thither naturally, as though they had known beforehand where that figure was.

He thought he was looking at himself, grown old; not absolutely the same in face, of course, but exactly similar in attitude and aspect, with his bristling hair, with that wild and uneasy eye, with that blouse, just as it was on the day when he entered D----, full of hatred, concealing his soul in that hideous mass of frightful thoughts which he had spent nineteen years in collecting on the floor of the prison.

He said to himself with a shudder, "Good God! shall I become like that again?"

 

This creature seemed to be at least sixty; there was something indescribably coarse, stupid, and frightened about him.

At the sound made by the opening door, people had drawn aside to make way for him; the President had turned his head, and, understanding that the personage who had just entered was the mayor of M. sur M., he had bowed to him; the attorney-general, who had seen M. Madeleine at M. sur M., whither the duties of his office had called him more than once, recognized him and saluted him also: he had hardly perceived it; he was the victim of a sort of hallucination; he was watching.

Judges, clerks, gendarmes, a throng of cruelly curious heads, all these he had already beheld once, in days gone by, twenty-seven years before; he had encountered those fatal things once more; there they were; they moved; they existed; it was no longer an effort of his memory, a mirage of his thought; they were real gendarmes and real judges, a real crowd, and real men of flesh and blood: it was all over; he beheld the monstrous aspects of his past reappear and live once more around him, with all that there is formidable in reality.

All this was yawning before him.

 

He was horrified by it; he shut his eyes, and exclaimed in the deepest recesses of his soul, "Never!"

And by a tragic play of destiny which made all his ideas tremble, and rendered him nearly mad, it was another self of his that was there! all called that man who was being tried Jean Valjean.

Under his very eyes, unheard-of vision, he had a sort of representation of the most horrible moment of his life, enacted by his spectre.

Everything was there; the apparatus was the same, the hour of the night, the faces of the judges, of soldiers, and of spectators; all were the same, only above the President's head there hung a crucifix, something which the courts had lacked at the time of his condemnation: God had been absent when he had been judged.

There was a chair behind him; he dropped into it, terrified at the thought that he might be seen; when he was seated, he took advantage of a pile of cardboard boxes, which stood on the judge's desk, to conceal his face from the whole room; he could now see without being seen; he had fully regained consciousness of the reality of things; gradually he recovered; he attained that phase of composure where it is possible to listen.

M. Bamatabois was one of the jurors.

 

He looked for Javert, but did not see him; the seat of the witnesses was hidden from him by the clerk's table, and then, as we have just said, the hall was sparely lighted.

 

At the moment of this entrance, the defendant's lawyer had just finished his plea.

The attention of all was excited to the highest pitch; the affair had lasted for three hours: for three hours that crowd had been watching a strange man, a miserable specimen of humanity, either profoundly stupid or profoundly subtle, gradually bending beneath the weight of a terrible likeness. This man, as the reader already knows, was a vagabond who had been found in a field carrying a branch laden with ripe apples, broken in the orchard of a neighbor, called the Pierron orchard. Who was this man? an examination had been made; witnesses had been heard, and they were unanimous; light had abounded throughout the entire debate; the accusation said: "We have in our grasp not only a marauder, a stealer of fruit; we have here, in our hands, a bandit, an old offender who has broken his ban, an ex-convict, a miscreant of the most dangerous description, a malefactor named Jean Valjean, whom justice has long been in search of, and who, eight years ago, on emerging from the galleys at Toulon, committed a highway robbery, accompanied by violence, on the person of a child, a Savoyard named Little Gervais; a crime provided for by article 383 of the Penal Code, the right to try him for which we reserve hereafter, when his identity shall have been judicially established. He has just committed a fresh theft; it is a case of a second offence; condemn him for the fresh deed; later on he will be judged for the old crime." In the face of this accusation, in the face of the unanimity of the witnesses, the accused appeared to be astonished more than anything else; he made signs and gestures which were meant to convey No, or else he stared at the ceiling: he spoke with difficulty, replied with embarrassment, but his whole person, from head to foot, was a denial; he was an idiot in the presence of all these minds ranged in order of battle around him, and like a stranger in the midst of this society which was seizing fast upon him; nevertheless, it was a question of the most menacing future for him; the likeness increased every moment, and the entire crowd surveyed, with more anxiety than he did himself, that sentence freighted with calamity, which descended ever closer over his head; there was even a glimpse of a possibility afforded; besides the galleys, a possible death penalty, in case his identity were established, and the affair of Little Gervais were to end thereafter in condemnation. Who was this man? what was the nature of his apathy? was it imbecility or craft? Did he understand too well, or did he not understand at all? these were questions which divided the crowd, and seemed to divide the jury; there was something both terrible and puzzling in this case: the drama was not only melancholy; it was also obscure.

The counsel for the defence had spoken tolerably well, in that provincial tongue which has long constituted the eloquence of the bar, and which was formerly employed by all advocates, at Paris as well as at Romorantin or at Montbrison, and which to-day, having become classic, is no longer spoken except by the official orators of magistracy, to whom it is suited on account of its grave sonorousness and its majestic stride; a tongue in which a husband is called a consort, and a woman a spouse; Paris, the centre of art and civilization; the king, the monarch; Monseigneur the Bishop, a sainted pontiff; the district-attorney, the eloquent interpreter of public prosecution; the arguments, the accents which we have just listened to; the age of Louis XIV., the grand age; a theatre, the temple of Melpomene; the reigning family, the august blood of our kings; a concert, a musical solemnity; the General Commandant of the province, the illustrious warrior, who, etc.; the pupils in the seminary, these tender levities; errors imputed to newspapers, the imposture which distills its venom through the columns of those organs; etc. The lawyer had, accordingly, begun with an explanation as to the theft of the apples,--an awkward matter couched in fine style; but Benigne Bossuet himself was obliged to allude to a chicken in the midst of a funeral oration, and he extricated himself from the situation in stately fashion. The lawyer established the fact that the theft of the apples had not been circumstantially proved. His client, whom he, in his character of counsel, persisted in calling Champmathieu, had not been seen scaling that wall nor breaking that branch by any one. He had been taken with that branch (which the lawyer preferred to call a bough) in his possession; but he said that he had found it broken off and lying on the ground, and had picked it up. Where was there any proof to the contrary? No doubt that branch had been broken off and concealed after the scaling of the wall, then thrown away by the alarmed marauder; there was no doubt that there had been a thief in the case. But what proof was there that that thief had been Champmathieu? One thing only. His character as an ex-convict. The lawyer did not deny that that character appeared to be, unhappily, well attested; the accused had resided at Faverolles; the accused had exercised the calling of a tree-pruner there; the name of Champmathieu might well have had its origin in Jean Mathieu; all that was true,-- in short, four witnesses recognize Champmathieu, positively and without hesitation, as that convict, Jean Valjean; to these signs, to this testimony, the counsel could oppose nothing but the denial of his client, the denial of an interested party; but supposing that he was the convict Jean Valjean, did that prove that he was the thief of the apples? that was a presumption at the most, not a proof. The prisoner, it was true, and his counsel, "in good faith," was obliged to admit it, had adopted "a bad system of defence." He obstinately denied everything, the theft and his character of convict. An admission upon this last point would certainly have been better, and would have won for him the indulgence of his judges; the counsel had advised him to do this; but the accused had obstinately refused, thinking, no doubt, that he would save everything by admitting nothing. It was an error; but ought not the paucity of this intelligence to be taken into consideration? This man was visibly stupid. Long-continued wretchedness in the galleys, long misery outside the galleys, had brutalized him, etc. He defended himself badly; was that a reason for condemning him? As for the affair with Little Gervais, the counsel need not discuss it; it did not enter into the case. The lawyer wound up by beseeching the jury and the court, if the identity of Jean Valjean appeared to them to be evident, to apply to him the police penalties which are provided for a criminal who has broken his ban, and not the frightful chastisement which descends upon the convict guilty of a second offence.

The district-attorney answered the counsel for the defence. He was violent and florid, as district-attorneys usually are.

He congratulated the counsel for the defence on his "loyalty," and skilfully took advantage of this loyalty. He reached the accused through all the concessions made by his lawyer. The advocate had seemed to admit that the prisoner was Jean Valjean. He took note of this. So this man was Jean Valjean. This point had been conceded to the accusation and could no longer be disputed. Here, by means of a clever autonomasia which went back to the sources and causes of crime, the district-attorney thundered against the immorality of the romantic school, then dawning under the name of the Satanic school, which had been bestowed upon it by the critics of the Quotidienne and the Oriflamme; he attributed, not without some probability, to the influence of this perverse literature the crime of Champmathieu, or rather, to speak more correctly, of Jean Valjean. Having exhausted these considerations, he passed on to Jean Valjean himself. Who was this Jean Valjean? Description of Jean Valjean: a monster spewed forth, etc. The model for this sort of description is contained in the tale of Theramene, which is not useful to tragedy, but which every day renders great services to judicial eloquence. The audience and the jury "shuddered." The description finished, the district-attorney resumed with an oratorical turn calculated to raise the enthusiasm of the journal of the prefecture to the highest pitch on the following day: And it is such a man, etc., etc., etc., vagabond, beggar, without means of existence, etc., etc., inured by his past life to culpable deeds, and but little reformed by his sojourn in the galleys, as was proved by the crime committed against Little Gervais, etc., etc.; it is such a man, caught upon the highway in the very act of theft, a few paces from a wall that had been scaled, still holding in his hand the object stolen, who denies the crime, the theft, the climbing the wall; denies everything; denies even his own identity! In addition to a hundred other proofs, to which we will not recur, four witnesses recognize him--Javert, the upright inspector of police; Javert, and three of his former companions in infamy, the convicts Brevet, Chenildieu, and Cochepaille. What does he offer in opposition to this overwhelming unanimity? His denial. What obduracy! You will do justice, gentlemen of the jury, etc., etc. While the district-attorney was speaking, the accused listened to him open-mouthed, with a sort of amazement in which some admiration was assuredly blended. He was evidently surprised that a man could talk like that. From time to time, at those "energetic" moments of the prosecutor's speech, when eloquence which cannot contain itself overflows in a flood of withering epithets and envelops the accused like a storm, he moved his head slowly from right to left and from left to right in the sort of mute and melancholy protest with which he had contented himself since the beginning of the argument. Two or three times the spectators who were nearest to him heard him say in a low voice, "That is what comes of not having asked M. Baloup." The districtattorney directed the attention of the jury to this stupid attitude, evidently deliberate, which denoted not imbecility, but craft, skill, a habit of deceiving justice, and which set forth in all its nakedness the "profound perversity" of this man. He ended by making his reserves on the affair of Little Gervais and demanding a severe sentence.

At that time, as the reader will remember, it was penal servitude for life.

The counsel for the defence rose, began by complimenting Monsieur l'Avocat-General on his "admirable speech," then replied as best he could; but he weakened; the ground was evidently slipping away from under his feet.

Chapter 10

THE SYSTEM OF DENIALS

The moment for closing the debate had arrived. The President had the accused stand up, and addressed to him the customary question, "Have you anything to add to your defence?"

The man did not appear to understand, as he stood there, twisting in his hands a terrible cap which he had.

 

The President repeated the question.

This time the man heard it. He seemed to understand. He made a motion like a man who is just waking up, cast his eyes about him, stared at the audience, the gendarmes, his counsel, the jury, the court, laid his monstrous fist on the rim of woodwork in front of his bench, took another look, and all at once, fixing his glance upon the district-attorney, he began to speak. It was like an eruption. It seemed, from the manner in which the words escaped from his mouth,-- incoherent, impetuous, pell-mell, tumbling over each other,-- as though they were all pressing forward to issue forth at once. He said:--

"This is what I have to say. That I have been a wheelwright in Paris, and that it was with Monsieur Baloup. It is a hard trade. In the wheelwright's trade one works always in the open air, in courtyards, under sheds when the masters are good, never in closed workshops, because space is required, you see. In winter one gets so cold that one beats one's arms together to warm one's self; but the masters don't like it; they say it wastes time. Handling iron when there is ice between the paving-stones is hard work. That wears a man out quickly One is old while he is still quite young in that trade. At forty a man is done for. I was fifty-three. I was in a bad state. And then, workmen are so mean! When a man is no longer young, they call him nothing but an old bird, old beast! I was not earning more than thirty sous a day. They paid me as little as possible. The masters took advantage of my age-- and then I had my daughter, who was a laundress at the river. She earned a little also. It sufficed for us two. She had trouble, also; all day long up to her waist in a tub, in rain, in snow. When the wind cuts your face, when it freezes, it is all the same; you must still wash. There are people who have not much linen, and wait until late; if you do not wash, you lose your custom. The planks are badly joined, and water drops on you from everywhere; you have your petticoats all damp above and below. That penetrates. She has also worked at the laundry of the EnfantsRouges, where the water comes through faucets. You are not in the tub there; you wash at the faucet in front of you, and rinse in a basin behind you. As it is enclosed, you are not so cold; but there is that hot steam, which is terrible, and which ruins your eyes. She came home at seven o'clock in the evening, and went to bed at once, she was so tired. Her husband beat her. She is dead. We have not been very happy. She was a good girl, who did not go to the ball, and who was very peaceable. I remember one ShroveTuesday when she went to bed at eight o'clock. There, I am telling the truth; you have only to ask. Ah, yes! how stupid I am! Paris is a gulf. Who knows Father Champmathieu there? But M. Baloup does, I tell you. Go see at M. Baloup's; and after all, I don't know what is wanted of me."

The man ceased speaking, and remained standing. He had said these things in a loud, rapid, hoarse voice, with a sort of irritated and savage ingenuousness. Once he paused to salute some one in the crowd. The sort of affirmations which he seemed to fling out before him at random came like hiccoughs, and to each he added the gesture of a wood-cutter who is splitting wood. When he had finished, the audience burst into a laugh. He stared at the public, and, perceiving that they were laughing, and not understanding why, he began to laugh himself.

It was inauspicious.

 

The President, an attentive and benevolent man, raised his voice.

He reminded "the gentlemen of the jury" that "the sieur Baloup, formerly a masterwheelwright, with whom the accused stated that he had served, had been summoned in vain. He had become bankrupt, and was not to be found." Then turning to the accused, he enjoined him to listen to what he was about to say, and added: "You are in a position where reflection is necessary. The gravest presumptions rest upon you, and may induce vital results. Prisoner, in your own interests, I summon you for the last time to explain yourself clearly on two points. In the first place, did you or did you not climb the wall of the Pierron orchard, break the branch, and steal the apples; that is to say, commit the crime of breaking in and theft? In the second place, are you the discharged convict, Jean Valjean-- yes or no?"

The prisoner shook his head with a capable air, like a man who has thoroughly understood, and who knows what answer he is going to make. He opened his mouth, turned towards the President, and said:--

"In the first place--"

 

Then he stared at his cap, stared at the ceiling, and held his peace.

"Prisoner," said the district-attorney, in a severe voice; "pay attention. You are not answering anything that has been asked of you. Your embarrassment condemns you. It is evident that your name is not Champmathieu; that you are the convict, Jean Valjean, concealed first under the name of Jean Mathieu, which was the name of his mother; that you went to Auvergne; that you were born at Faverolles, where you were a pruner of trees. It is evident that you have been guilty of entering, and of the theft of ripe apples from the Pierron orchard. The gentlemen of the jury will form their own opinion."

The prisoner had finally resumed his seat; he arose abruptly when the district-attorney had finished, and exclaimed:--
"You are very wicked; that you are! This what I wanted to say; I could not find words for it at first. I have stolen nothing. I am a man who does not have something to eat every day. I was coming from Ailly; I was walking through the country after a shower, which had made the whole country yellow: even the ponds were overflowed, and nothing sprang from the sand any more but the little blades of grass at the wayside. I found a broken branch with apples on the ground; I picked up the branch without knowing that it would get me into trouble. I have been in prison, and they have been dragging me about for the last three months; more than that I cannot say; people talk against me, they tell me, `Answer!' The gendarme, who is a good fellow, nudges my elbow, and says to me in a low voice, `Come, answer!' I don't know how to explain; I have no education; I am a poor man; that is where they wrong me, because they do not see this. I have not stolen; I picked up from the ground things that were lying there. You say, Jean Valjean, Jean Mathieu! I don't know those persons; they are villagers. I worked for M. Baloup, Boulevard de l'Hopital; my name is Champmathieu. You are very clever to tell me where I was born; I don't know myself: it's not everybody who has a house in which to come into the world; that would be too convenient. I think that my father and mother were people who strolled along the highways; I know nothing different. When I was a child, they called me young fellow; now they call me old fellow; those are my baptismal names; take that as you like. I have been in Auvergne; I have been at Faverolles. Pardi. Well! can't a man have been in Auvergne, or at Faverolles, without having been in the galleys? I tell you that I have not stolen, and that I am Father Champmathieu; I have been with M. Baloup; I have had a settled residence. You worry me with your nonsense, there! Why is everybody pursuing me so furiously?"

The district-attorney had remained standing; he addressed the President:--

"Monsieur le President, in view of the confused but exceedingly clever denials of the prisoner, who would like to pass himself off as an idiot, but who will not succeed in so doing,-- we shall attend to that,--we demand that it shall please you and that it shall please the court to summon once more into this place the convicts Brevet, Cochepaille, and Chenildieu, and Police-Inspector Javert, and question them for the last time as to the identity of the prisoner with the convict Jean Valjean."

"I would remind the district-attorney," said the President, "that Police-Inspector Javert, recalled by his duties to the capital of a neighboring arrondissement, left the court-room and the town as soon as he had made his deposition; we have accorded him permission, with the consent of the district-attorney and of the counsel for the prisoner."

"That is true, Mr. President," responded the district-attorney. "In the absence of sieur Javert, I think it my duty to remind the gentlemen of the jury of what he said here a few hours ago. Javert is an estimable man, who does honor by his rigorous and strict probity to inferior but important functions. These are the terms of his deposition: `I do not even stand in need of circumstantial proofs and moral presumptions to give the lie to the prisoner's denial. I recognize him perfectly. The name of this man is not Champmathieu; he is an ex-convict named Jean Valjean, and is very vicious and much to be feared. It is only with extreme regret that he was released at the expiration of his term. He underwent nineteen years of penal servitude for theft. He made five or six attempts to escape. Besides the theft from Little Gervais, and from the Pierron orchard, I suspect him of a theft committed in the house of His Grace the late Bishop of D---- I often saw him at the time when I was adjutant of the galley-guard at the prison in Toulon. I repeat that I recognize him perfectly.'"

This extremely precise statement appeared to produce a vivid impression on the public and on the jury. The district-attorney concluded by insisting, that in default of Javert, the three witnesses Brevet, Chenildieu, and Cochepaille should be heard once more and solemnly interrogated.

The President transmitted the order to an usher, and, a moment later, the door of the witnesses' room opened. The usher, accompanied by a gendarme ready to lend him armed assistance, introduced the convict Brevet. The audience was in suspense; and all breasts heaved as though they had contained but one soul.

The ex-convict Brevet wore the black and gray waistcoat of the central prisons. Brevet was a person sixty years of age, who had a sort of business man's face, and the air of a rascal. The two sometimes go together. In prison, whither fresh misdeeds had led him, he had become something in the nature of a turnkey. He was a man of whom his superiors said, "He tries to make himself of use." The chaplains bore good testimony as to his religious habits. It must not be forgotten that this passed under the Restoration.

"Brevet," said the President, "you have undergone an ignominious sentence, and you cannot take an oath."

 

Brevet dropped his eyes.

"Nevertheless," continued the President, "even in the man whom the law has degraded, there may remain, when the divine mercy permits it, a sentiment of honor and of equity. It is to this sentiment that I appeal at this decisive hour. If it still exists in you,--and I hope it does,--reflect before replying to me: consider on the one hand, this man, whom a word from you may ruin; on the other hand, justice, which a word from you may enlighten. The instant is solemn; there is still time to retract if you think you have been mistaken. Rise, prisoner. Brevet, take a good look at the accused, recall your souvenirs, and tell us on your soul and conscience, if you persist in recognizing this man as your former companion in the galleys, Jean Valjean?"

Brevet looked at the prisoner, then turned towards the court.

"Yes, Mr. President, I was the first to recognize him, and I stick to it; that man is Jean Valjean, who entered at Toulon in 1796, and left in 1815. I left a year later. He has the air of a brute now; but it must be because age has brutalized him; he was sly at the galleys: I recognize him positively."

"Take your seat," said the President. "Prisoner, remain standing." Chenildieu was brought in, a prisoner for life, as was indicated by his red cassock and his green cap. He was serving out his sentence at the galleys of Toulon, whence he had been brought for this case. He was a small man of about fifty, brisk, wrinkled, frail, yellow, brazen-faced, feverish, who had a sort of sickly feebleness about all his limbs and his whole person, and an immense force in his glance. His companions in the galleys had nicknamed him I-deny-God (Je-nie Dieu, Chenildieu).

The President addressed him in nearly the same words which he had used to Brevet. At the moment when he reminded him of his infamy which deprived him of the right to take an oath, Chenildieu raised his head and looked the crowd in the face. The President invited him to reflection, and asked him as he had asked Brevet, if he persisted in recognition of the prisoner.

Chenildieu burst out laughing.

 

"Pardieu, as if I didn't recognize him! We were attached to the same chain for five years. So you are sulking, old fellow?"

 

"Go take your seat," said the President.

The usher brought in Cochepaille. He was another convict for life, who had come from the galleys, and was dressed in red, like Chenildieu, was a peasant from Lourdes, and a half-bear of the Pyrenees. He had guarded the flocks among the mountains, and from a shepherd he had slipped into a brigand. Cochepaille was no less savage and seemed even more stupid than the prisoner. He was one of those wretched men whom nature has sketched out for wild beasts, and on whom society puts the finishing touches as convicts in the galleys.

The President tried to touch him with some grave and pathetic words, and asked him, as he had asked the other two, if he persisted, without hesitation or trouble, in recognizing the man who was standing before him.

"He is Jean Valjean," said Cochepaille. "He was even called Jean-the-Screw, because he was so strong."

Each of these affirmations from these three men, evidently sincere and in good faith, had raised in the audience a murmur of bad augury for the prisoner,--a murmur which increased and lasted longer each time that a fresh declaration was added to the proceeding.

The prisoner had listened to them, with that astounded face which was, according to the accusation, his principal means of defence; at the first, the gendarmes, his neighbors, had heard him mutter between his teeth: "Ah, well, he's a nice one!" after the second, he said, a little louder, with an air that was almost that of satisfaction, "Good!" at the third, he cried, "Famous!"
The President addressed him:--

"Have you heard, prisoner? What have you to say?"

 

He replied:--

 

"I say, `Famous!'"

 

An uproar broke out among the audience, and was communicated to the jury; it was evident that the man was lost.

 

"Ushers," said the President, "enforce silence! I am going to sum up the arguments."

 

At that moment there was a movement just beside the President; a voice was heard crying:--

 

"Brevet