Within an Inch of His Life by Emile Gaboriau (good summer reads .TXT) 📖

“This is unheard of! This is an abominable abuse of power! I’ll have my rights, and justice shall be done me, if I have to go to Thiers!”

Then he rushed out without ceremony, crossed the yard, and disappeared like an arrow, in the direction of the court-house. At that very moment M. Daubigeon was getting up, feeling badly because he had had a bad, sleepless night, thanks to this unfortunate affair of M. de Boiscoran, which troubled him sorely; for he was almost of M. Galpin’s opinion. In vain he recalled Jacques’s noble character, his well-known uprightness, his keen sense of honor, the evidence was so strong, so overwhelming! He wanted to doubt; but experience told him that a man’s past is no guarantee for his future. And, besides, like many great criminal lawyers, he thought, what he would never have ventured to say openly, that some great criminals act while they are under the influence of a kind of vertigo, and that this explains the stupidity of certain crimes committed by men of superior intelligence.

Since his return from Boiscoran, he had kept close in his house; and he had just made up his mind not to leave the house that day, when some one rang his bell furiously. A moment later Dr. Seignebos fell into the room like a bombshell.

“I know what brings you, doctor,” said M. Daubigeon. “You come about that order I have given concerning Cocoleu.”

“Yes, indeed, sir! That order is an insult.”

“I have been asked to give it as a matter of necessity, by M. Galpin.”

“And why did you not refuse? You alone are responsible for it in my eyes. You are commonwealth attorney, consequently the head of the bar, and superior to M. Galpin.”

M. Daubigeon shook his head and said,—

“There you are mistaken, doctor. The magistrate in such a case is independent of myself and of the court. He is not even bound to obey the attorney-general, who can make suggestions to him, but cannot give him orders. M. Galpin, in his capacity as examining magistrate, has his independent jurisdiction, and is armed with almost unlimited power. No one in the world can say so well as an examining magistrate what the poet calls,—

“‘Such is my will, such are my orders, and my will is sufficient.’

“‘Hoc volo, hoc jubeo, sit pro ratione voluntas.’”

For once Dr. Seignebos seemed to be convinced by M. Daubigeon’s words. He said,—

“Then, M. Galpin has even the right to deprive a sick man of his physician’s assistance.”

“If he assumes the responsibility, yes. But he does not mean to go so far. He was, on the contrary, about to ask you, although it is Sunday, to come and be present at a second examination of Cocoleu. I am surprised that you have not received his note, and that you did not meet him at the hospital.”

“Well, I am going at once.”

And he went back hurriedly, and was glad he had done so; for at the door of the hospital he came face to face against M. Galpin, who was just coming in, accompanied by his faithful clerk, Mechinet.

“You came just in time, doctor,” began the magistrate, with his usual solemnity.

But, short and rapid as the doctor’s walk had been, it had given him time to reflect, and to grow cool. Instead of breaking out into recriminations, he replied in a tone of mock politeness,—

“Yes, I know. It is that poor devil to whom you have given a gendarme for a nurse. Let us go up: I am at your service.”

The room in which Cocoleu had been put was large, whitewashed, and empty, except that a bed, a table and two chairs, stood about. The bed was no doubt a good one; but the idiot had taken off the mattress and the blankets, and lain down in his clothes on the straw bed. Thus the magistrate and the physician found him as they entered. He rose at their appearance; but, when he saw the gendarme, he uttered a cry, and tried to hide under the bed. M. Galpin ordered the gendarme to pull him out again. Then he walked up to him, and said,—

“Don’t be afraid, Cocoleu. We want to do you no harm; only you must answer our questions. Do you recollect what happened the other night at Valpinson?”

Cocoleu laughed,—the laugh of an idiot,—but he made no reply. And then, for a whole hour, begging, threatening, and promising by turns, the magistrate tried in vain to obtain one word from him. Not even the name of the Countess Claudieuse had the slightest effect. At last, utterly out of patience, he said,—

“Let us go. The wretch is worse than a brute.”

“Was he any better,” asked the doctor, “when he denounced M. de Boiscoran?”

But the magistrate pretended not to hear; and, when they were about to leave the room, he said to the doctor,—

“You know that I expect your report, doctor?”

“In forty-eight hours I shall have the honor to hand it to you,” replied the latter.

But as he went off, he said half aloud,—

“And that report is going to give you some trouble, my good man.”

The report was ready then, and his reason for not giving it in, was that he thought, the longer he could delay it, the more chance he would probably have to defeat the plan of the prosecution.

“As I mean to keep it two days longer,” he thought on his way home, “why should I not show it to this Paris lawyer who has come down with the marchioness? Nothing can prevent me, as far as I see, since that poor Galpin, in his utter confusion, has forgotten to put me under oath.”

But he paused. According to the laws of medical jurisprudence, had he the right, or not, to communicate a paper belonging to the case to the counsel of the accused? This question troubled him; for, although he boasted that he did not believe in God, he believed firmly in professional duty, and would have allowed himself to be cut in pieces rather than break its laws.

“But I have clearly the right to do so,” he growled. “I can only be bound by my oath. The authorities are clear on that subject. I have in my favor the decisions of the Court of Appeals of 27 November, and 27 December, 1828; those of the 13th June, 1835; of the 3d May, 1844; of the 26th June, 1866.”

The result of this mediation was, that, as soon as he had breakfasted, he put his report in his pocket, and went by side streets to M. de Chandore’s house. The marchioness and the two aunts were still at church, where they had thought it best to show themselves; and there was no one in the sitting-room but Dionysia, the old baron, and M. Folgat. The old gentleman was very much surprised to see the doctor. The latter was