2 APRIL 1870, Page 13

THE conflicts of testimony before the High Court may seem

evidence had anything to do with his acquittal. It is most clearly puzzling to those who did not see and hear the witnesses. But established that Victor Noir had ?JO sword-cane and was completely for anyone of ordinary capacity and experience of the world, unarmed ; it was clearly established that the girl Gillet lied when who listened to their depositions and watched the play of their she said she picked up De Fonvielle's pistol on the back stairs; it countenances, there was little difficulty in discerning the fabulist was clearly established that the Prince one day signed a deposition from the truth-teller. Much has been said about " the confusing saying he changed his loose drawer-trousers (pollutions de pied) for mass of evidence in no way bearing on the case." A few words ordinary trousers when the gentlemen in the drawing-room were of explanation on this subject. There was certainly a most con- announced ; and that consequently he must have deliberately put fusing agglomeration of written and oral depositions, much of the pistol into that pocket from whence he drew it to fire at which was of a contradictory nature. But the persons who gave Victor Noir, as he was going to receive him and De Fonvielle. it were unquestionably brought forward to clear up the following This deposition he denied in Court, and when the Judge read the important points, which all did not merely elucidate because awkward admission, satisfied himself with shrugging his shoulders some wanted the memory requisite to invent with consistency. at it. It was proved by the medical evidence that De Fonvielle Firstly, the Judge of Instruction, M. d'Oms, who prepared the must have been drawing his pistol-case from the breast-pocket of his case for the High Court, sought to determine whether Victor paletot when the ball pierced the collar, so that he could not there- Noir endeavoured to prevent a duel between Rochefort,—whom he fore have " covered " the Prince with a revolver when Noir gave knew to be neither a first-rate shot nor fencer,—and the Prince, the alleged blow. It was proved by Dr. Pinel that an excoria- who passes his life in a salle d'armes or firing at a target. tiou or bruise was behind the ear, and no mark whatever of a Secondly, was the Prince's first version of the homicide blow upon the cheek. Dr. Morel started up to swear that at contradiction with subsequent admissions and other the cheek was ever so much swollen with the slap or blow direct and indirect evidence given during the " instruc- inflicted by Victor Noir. M. Paul de Cassagnac, who would tion?" Thirdly, who was the most likely person to take have done well to keep in mind Talleyrand's trop de zele, at four an initiative in violence of the three men in the Auteuil o'clock (two hours after Noir was shot), saw a broad violet mark drawing-room ? Fourthly, did De Fonvielle cover the Prince with with a green edge. On the suggestion of Dr. Nus, a proficient his pistol while Noir was striking him with his fist ? Fifthly, in medical jurisprudence, Dr. Tardieu was asked what time it took did the Prince fire or not under strong provocation, or in legiti- for a blow to turn blue and green ? his answer, however mate self-defence commit one homicide and attempt another ? I unwillingly given, was categoric. " The time varies according shall not go into the point, which was rather suggested than to the constitution. But I agree with Dr. Nus in thinking formally raised, as to whether the Prince had loaded his pistol for not .before the fifth day, and seldom before the sixth." The the purpose of shooting Rochefort otherwise than in a duel. butcher Le Chautre, who has been, I do not know why, accepted Milliere, Paschal Grousset, Rochefort, Ulric de Fonvielle, and as " good evidence" by some English papers, contradicted Georges Santon certainly proved that Noir never went to Auteuil himself, and was flatly contradicted by honest Fauche, the to shield his friend from the sword or pistol of Pierre Bonaparte. Alsatian concierge of the Rue d'Auteuil. When he was He had arranged with Grousset to be his second before any of the sworn in, the President went through the usual formula sub-editors of the .2lfarseillaise knew of the curiously worded of saying, " Dites ce que roes sore: sur l'aiitire?" Le Chantro challenge drawn up on Sunday, January 9th, by the Prince and impudently asked, "Oa font it que je roes disc, mon President ?" M. Paul de Cassagnac conjointly, and received by Rochefort on The President then put a very leading question. Le Chautre did Monday morning, January 10th. As witnesses in French Courts not miss the point conveyed in it, and told his story trippingly ; of Justice are told " to say what they know," and expected to give but instead of looking at the jury, as he was desired, stared into his it in the form of a set speech, digressions necessarily take place, hat or at the floor between his toes. M. Floquet,—whenLe Chantre and personal opinions are advanced with a degree of freedom had got through his story, and repeated again and again that he

which would have set Ballantine at his wits' end. was quite sure De Fonvielle, as the body was being carried into

For instance, M. Grousset, smarting under more than two the chemist's shop, exclaimed, " He has killed my friend ; but months' of the terrible liaise au secret, distressed his more prudent no matter, Victor Noir gave him a good sotiOkt!"—asked the friends by giving a piece of his mind about an ancestress of the President to read two formal depositions made by the witness House of Bonaparte, which, strange to relate, the official ladies in before M. d'Oms, the Judge of Instruction. These depositions Court thought, on hearing it issue from the mouth of a young were at utter variance with each other. M. Laurier wittily Adonis, une adorable impertinence du talon rouge. He also volun- observed that the Prince's witnesses truly deserved the name of teered his views as to the state of moral degradation to which " irreconcilables." M. Floquet requested explanations through seventeen years of Imperial rule has dragged down France. the President calculated to bring them into harmony with Rochefort, on his side, treated the Court to MM. Arago and each other. That high personage, accordingly demanded, " How Gambetta's estimate of the prisoner's character, by way of telling do you explain these divergencies "? " Dame! M. he President,"

the truth, the whole truth, and nothing but the truth. A great returned the respectable Le Chantre, " I am here to swear, and not number of witnesses were brought forward to break down De Fon- to give explanations to these gentlemen !"

vielle's narrative of the Auteuil homicide, which in a legal point of Le Chantre is really too good a witness. The paternal M. view was the only direct evidence the Court could accept. The Glandaz orders him to the rear, to join the herd of Corsicans and girl Gillet, the police commissary's clerk M. Natal, M. Vinviollet, police agents who come to do what they can for the Emperor's and the butcher Le Chantre, were the principal deponents in this cousin. He might have remained quietly there from Wednesday group, which included four sergens de ville, three professional nwu- to Sunday, if M. Floquet had been content to let him stay.

chards, an architect, and several smaller fry whose names baveescaped M. Natal was another over-zealous witness. Though still my memory. De Fonvielle is neither, in my opinion, a wise nor young, this gentleman wears blue spectacles. DI. Natal dresses a prepossessing person. But I scrutinized him throughout his well. Ile is also well bearded, and his complexion sets you interrogatory, and during his confrontation with the not very thinking of the land where the olive flourishes. His tongue noble army of witnesses who came to break him down. I is Italian, and the cast of his features Ilebrew. I have seen watched his face closely. I listened attentively to ques- in the Ghetto many such heads as his. This M. Natal talked tions of the President, and to the answers De Fonvielle re- broken French. He swore he was English ; but all the same turned. I carefully made notes of formal depositions, and com- he pronounced Bonaparte, Buonapartd, and slipped in the ex- pared them one with another and with his oral testimony, and could not find anywhere the shadow of inconsistency. The Court and the Public Minister were not able to detect a single flaw in all that he advanced. The worst thing they could say was, that being under the influence of deep excitement, he might possi- bly deceive himself. He was a passionate witness, and, therefore, what he " said should be received with caution,"— none of them uttered the word " distrust." Now, set this off against the contradictions, and hesitations, and additions, and subtractions of the Prince's witnesses as you will find them reported in the Droit or the Honiteur ; take into account the tremendous

A REPUBLICAN ON THE TOURS TRIAL. inaccuracies pointed out by M. Floquet, of which they were guilty,

[FROM OUR SPECIAL CORRESPONDENT.] and prevent yourself, if you can, pitying his Imperial Highness Tours, indre-et-Loire, March 29, 1870. for being acquitted on evidence of the kind, supposing that THE conflicts of testimony before the High Court may seem evidence had anything to do with his acquittal. It is most clearly puzzling to those who did not see and hear the witnesses. But established that Victor Noir had ?JO sword-cane and was completely for anyone of ordinary capacity and experience of the world, unarmed ; it was clearly established that the girl Gillet lied when who listened to their depositions and watched the play of their she said she picked up De Fonvielle's pistol on the back stairs; it countenances, there was little difficulty in discerning the fabulist was clearly established that the Prince one day signed a deposition from the truth-teller. Much has been said about " the confusing saying he changed his loose drawer-trousers (pollutions de pied) for mass of evidence in no way bearing on the case." A few words ordinary trousers when the gentlemen in the drawing-room were of explanation on this subject. There was certainly a most con- announced ; and that consequently he must have deliberately put fusing agglomeration of written and oral depositions, much of the pistol into that pocket from whence he drew it to fire at which was of a contradictory nature. But the persons who gave Victor Noir, as he was going to receive him and De Fonvielle. it were unquestionably brought forward to clear up the following This deposition he denied in Court, and when the Judge read the important points, which all did not merely elucidate because awkward admission, satisfied himself with shrugging his shoulders some wanted the memory requisite to invent with consistency. at it. It was proved by the medical evidence that De Fonvielle Firstly, the Judge of Instruction, M. d'Oms, who prepared the must have been drawing his pistol-case from the breast-pocket of his case for the High Court, sought to determine whether Victor paletot when the ball pierced the collar, so that he could not there- Noir endeavoured to prevent a duel between Rochefort,—whom he fore have " covered " the Prince with a revolver when Noir gave knew to be neither a first-rate shot nor fencer,—and the Prince, the alleged blow. It was proved by Dr. Pinel that an excoria- who passes his life in a salle d'armes or firing at a target. tiou or bruise was behind the ear, and no mark whatever of a Secondly, was the Prince's first version of the homicide blow upon the cheek. Dr. Morel started up to swear that at contradiction with subsequent admissions and other the cheek was ever so much swollen with the slap or blow direct and indirect evidence given during the " instruc- inflicted by Victor Noir. M. Paul de Cassagnac, who would tion?" Thirdly, who was the most likely person to take have done well to keep in mind Talleyrand's trop de zele, at four an initiative in violence of the three men in the Auteuil o'clock (two hours after Noir was shot), saw a broad violet mark drawing-room ? Fourthly, did De Fonvielle cover the Prince with with a green edge. On the suggestion of Dr. Nus, a proficient his pistol while Noir was striking him with his fist ? Fifthly, in medical jurisprudence, Dr. Tardieu was asked what time it took did the Prince fire or not under strong provocation, or in legiti- for a blow to turn blue and green ? his answer, however mate self-defence commit one homicide and attempt another ? I unwillingly given, was categoric. " The time varies according shall not go into the point, which was rather suggested than to the constitution. But I agree with Dr. Nus in thinking formally raised, as to whether the Prince had loaded his pistol for not .before the fifth day, and seldom before the sixth." The the purpose of shooting Rochefort otherwise than in a duel. butcher Le Chautre, who has been, I do not know why, accepted Milliere, Paschal Grousset, Rochefort, Ulric de Fonvielle, and as " good evidence" by some English papers, contradicted Georges Santon certainly proved that Noir never went to Auteuil himself, and was flatly contradicted by honest Fauche, the to shield his friend from the sword or pistol of Pierre Bonaparte. Alsatian concierge of the Rue d'Auteuil. When he was He had arranged with Grousset to be his second before any of the sworn in, the President went through the usual formula sub-editors of the .2lfarseillaise knew of the curiously worded of saying, " Dites ce que roes sore: sur l'aiitire?" Le Chantro challenge drawn up on Sunday, January 9th, by the Prince and impudently asked, "Oa font it que je roes disc, mon President ?" M. Paul de Cassagnac conjointly, and received by Rochefort on The President then put a very leading question. Le Chautre did Monday morning, January 10th. As witnesses in French Courts not miss the point conveyed in it, and told his story trippingly ; of Justice are told " to say what they know," and expected to give but instead of looking at the jury, as he was desired, stared into his it in the form of a set speech, digressions necessarily take place, hat or at the floor between his toes. M. Floquet,—whenLe Chantre and personal opinions are advanced with a degree of freedom had got through his story, and repeated again and again that he

which would have set Ballantine at his wits' end. was quite sure De Fonvielle, as the body was being carried into

For instance, M. Grousset, smarting under more than two the chemist's shop, exclaimed, " He has killed my friend ; but months' of the terrible liaise au secret, distressed his more prudent no matter, Victor Noir gave him a good sotiOkt!"—asked the friends by giving a piece of his mind about an ancestress of the President to read two formal depositions made by the witness House of Bonaparte, which, strange to relate, the official ladies in before M. d'Oms, the Judge of Instruction. These depositions Court thought, on hearing it issue from the mouth of a young were at utter variance with each other. M. Laurier wittily Adonis, une adorable impertinence du talon rouge. He also volun- observed that the Prince's witnesses truly deserved the name of teered his views as to the state of moral degradation to which " irreconcilables." M. Floquet requested explanations through seventeen years of Imperial rule has dragged down France. the President calculated to bring them into harmony with Rochefort, on his side, treated the Court to MM. Arago and each other. That high personage, accordingly demanded, " How Gambetta's estimate of the prisoner's character, by way of telling do you explain these divergencies "? " Dame! M. he President,"

the truth, the whole truth, and nothing but the truth. A great returned the respectable Le Chantre, " I am here to swear, and not number of witnesses were brought forward to break down De Fon- to give explanations to these gentlemen !"

vielle's narrative of the Auteuil homicide, which in a legal point of Le Chantre is really too good a witness. The paternal M. view was the only direct evidence the Court could accept. The Glandaz orders him to the rear, to join the herd of Corsicans and girl Gillet, the police commissary's clerk M. Natal, M. Vinviollet, police agents who come to do what they can for the Emperor's and the butcher Le Chantre, were the principal deponents in this cousin. He might have remained quietly there from Wednesday group, which included four sergens de ville, three professional nwu- to Sunday, if M. Floquet had been content to let him stay. pression it principe. Judge, then, of his nationality. M. Natal is, moreover, very prodigal of his bad French. He assured the jury that he was " very mach a man of order ; that his evi- dence was better than the evidence of M. de Fonvielle, or any- body else of the Marseillaise, because,he did never mix himself up any way in politics ; that politics were very bad things, for they did make men passionate, and blinded their reasons ; and that he, for his part, liked moderation, and only read calm newspapers when he went to take his coffee." An English lady sitting near the bench of the partie civile protested against the Anglicanisms of M. Natal, who, it afterwards turned out, originally came from a British possession in the Mediterranean.

The President did not, to do him justice, attach much import- ance to M. Natal's deposition. He reminded this witness that he understood French very imperfectly, and was therefore liable to have got hold of a wrong impression. But M. Natal, bristling up, said that he " did know French much better than people might think, and he was very sure he heard the words, ' He has received very good blows [plural this time] upon the cheeks, and so n'importe, if Victor Noir is killed ! ' " With the exception of Paul de Cassagnac, none of the Prince's witnesses made an appeal to the soft or sentimental side of the jury. M. Glandaz, I may here observe, is most unfortunate in his slips of the tongue. He addressed the prisoner twice as " Louis Napoleon Bonaparte," and the haughty, fire-eating young editor of the Pays as M. Paul Granier, alias de Cassagnac. M. Floquet dropped the Granier and the particle de noblesse, and contented himself with plain M. Cas- sagnac, which almost drew a cartel from the witness so named. Do not imagine that all the violence was on the side of De Fonvielle and Grousset. The Prince, Della Rocca, Cervoni (to whom General Clu- seret curtly gave the lie by telegraph), Paul de Cassagnac, a com- missary's clerk, and the Corsicans who assailed Ulric de Fonvielle in Court, were all violent as any denizen of an Indian jungle. Much has been said on this score of the Noir family, otherwise partie civile. The fact of the matter is, that poor old Madame Noir, the mother of Victor Noir, never stirred from her lodgings. She thought it indecent for her to appear in Court in the cha- racter of a Nemesis unless her presence were absolutely necessary. Louis Noir never even looked at the dock, and kept a laudable check upon his tongue and temper throughout. His young and beautiful wife also showed as great self-restraint, until she was called upon to take her stand at the witness-bar, when, remem- bering how she and the poor fiancée had gloved Victor's large hands in close-fitting, delicate kid gloves on the 10th January, she gave way to her feelings, and called the Prince by a name much less insulting in France than in England. A French auditory delights in tears and sobs. Madame Louis Noir giving utterance to both was at once an object of general interest. The President ordered her a chair and a glass of water ; the Procureur Imperial sent her his bottle of smelling salts, and the Judges' wives were anxious to lend her any assistance in their power. So much has been said of Rochefort's evidence, that I pass it over. The Deputy for the first circumscription of the Seine when in Court complained to M. Laurier that he was obliged to travel in a criminals' van from Paris, and that the cell allotted to him at Tours was humid, uncomfortable, and filthy. As his health was too delicate to bear the hardships imposed on him in the Tours penitentiary, he begged to be taken back to Ste. Pelagie.

You must have had a summary of M. Floquet's close and powerful demonstration, that admitting the whole case of the Prince (which he was far from doing), his Imperial Highness was not dans le droll de legitime defense, and therefore was not justified in shooting Victor. Noir. M. Laurier's speech was rather for bunkum than for the jury. Those who listened to it, with the exception of the Prince, liked it all the better. I can understand this preference. Admitting that a trial before a High Court is a farce, it is better that it should be theatrical than dull and solemn. The Prince demeaned himself like a baited bear while M. Laurier spoke. Twice he made an effort to seize the leaden inkstand of his counsel, which stood in front of the dock. At whose head did be wish to fling it ? M. Laurier deeply regretted that his confrere Maitre Leroux had such a care to clutch fast the missile. "Not that I give proof of courage," he observed to those around him, " in wishing the accused to get possession of the inkstand, which, if he flung it at me, would probably be intercepted by the bonnet of an official lady or the head of a juryman." M. Laurier has the French .talent for teasing to a greater degree than any Paris advocate I ever heard. One of his mechancete's has met with tremendous success in the Irreconcilable camp, to which he is far from belonging. After the accused had given utterance to his already celebrated appeal to tout homme de coeur, Laurier exclaimed,

" Good heavens ! is it possible that four lives only stand between that man and the throne !"

While the President and the Public Prosecutor chose to admit the plea of provocation in favour of the Prince, as you may already know, they rejected the one of le'gitime defense, pressed by his witnesses and counsel. Poor Prince ! to be badgered by the Irreconcilable; to be made a pedestal for Maitres Floquet and Laurier (and especially the latter), who are ambitious of filling seats in the Chamber ; to be disbelieved in a main issue by the soft-handed judges ; to be snubbed by Grandperret ; to obtain only from a carefully-selected jury a verdict de faveur, that is to say, 18 affirmative against 18 negative votes ; to find the Judges when it came to settle pecuniary questions persist in refusing to treat the Auteuil affair as justifiable homicide, in consequence of which costa and damages are saddled on him ; to be uncere- moniously turned out of Tours by the Prefect of the Indre-et- Loire and Marshal Baraguay d'Hilliers, and finally, to be, as the proverb says, told by the Emperor, " Allez-vous faire pendre ailleurs." This may be a " lively," but it is not a " prejudiced," narration. Of all our emissaries of the Press at Tours, none had, perhaps, such good opportunities of knowing the opinions of the bench, the bar, the jury (for, as I told you, French jurors are open-mouthed out of court) the partie civile, and the defence, as