Chapter 6

Cachan’s eloquence produced an effect on the court. A divided judgment was given in favor of Mme. Séchard, the house furniture being held to be her property; and against Séchard senior, who was ordered to pay costs--four hundred and thirty-four francs, sixty-five centimes.

“It is kind of old Séchard,” laughed the lawyers; “he would have a finger in the pie, so let him pay!”

Notice of judgment was given on the 26th of August; the presses and plant could be seized on the 28th. Placards were posted. Application was made for an order empowering them to sell on the spot. Announcements of the sale appeared in the papers, and Doublon flattered himself that the inventory should be verified and the auction take place on the 2nd of September.

By this time David Séchard owed Métivier five thousand two hundred and seventy-five francs, twenty-five centimes (to say nothing of interest), by formal judgment confirmed by appeal, the bill of costs having been duly taxed. Likewise to Petit-Claud he owed twelve hundred francs, exclusive of the fees, which were left to David’s generosity with the generous confidence displayed by the hackney coachman who has driven you so quickly over the road on which you desire to go.

Mme. Séchard owed Petit-Claud something like three hundred and fifty francs and fees besides; and of old Séchard, besides four hundred and thirty-four francs, sixty-five centimes, the little attorney demanded a hundred crowns by way of fee. Altogether, the Séchard family owed about ten thousand francs. This is what is called “putting fire into the bed straw.”

Apart from the utility of these documents to other nations who thus may behold the battery of French law in action, the French legislator ought to know the lengths to which the abuse of procedure may be carried, always supposing that the said legislator can find time for reading. Surely some sort of regulation might be devised, some way of forbidding lawyers to carry on a case until the sum in dispute is more than eaten up in costs? Is there not something ludicrous in the idea of submitting a square yard of soil and an estate of thousands of acres to the same legal formalities? These bare outlines of the history of the various stages of procedure should open the eyes of Frenchmen to the meaning of the words “legal formalities, justice, and costs,” little as the immense majority of the nations know about them.

Five thousand pounds’ weight of type in the printing office were worth two thousand francs as old metal; the three presses were valued at six hundred francs; the rest of the plant would fetch the price of old iron and firewood. The household furniture would have brought in a thousand francs at most. The whole personal property of Séchard junior therefore represented the sum of four thousand francs; and Cachan and Petit-Claud made claims for seven thousand francs in costs already incurred, to say nothing of expenses to come, for the blossom gave promise of fine fruits enough, as the reader will shortly see. Surely the lawyers of France and Navarre, nay, even of Normandy herself, will not refuse Petit-Claud his meed of admiration and respect? Surely, too, kind hearts will give Marion and Kolb a tear of sympathy?

All through the war Kolb sat on a chair in the doorway, acting as watch-dog, when David had nothing else for him to do. It was Kolb who received all the notifications, and a clerk of Petit-Claud’s kept watch over Kolb. No sooner were the placards announcing the auction put up on the premises than Kolb tore them down; he hurried round the town after the bill-poster, tearing the placards from the walls.

“Ah, scountrels!” he cried, “to dorment so goot a man; and they calls it chustice!”

Marion made half a franc a day by working half time in a paper mill as a machine tender, and her wages contributed to the support of the household. Mme. Chardon went back uncomplainingly to her old occupation, sitting up night after night, and bringing home her wages at the end of the week. Poor Mme. Chardon! Twice already she had made a nine days’ prayer for those she loved, wondering that God should be deaf to her petitions, and blind to the light of the candles on His altar.

On the 2nd of September, a letter came from Lucien, the first since the letter of the winter, which David had kept from his wife’s knowledge--the announcement of the three bills which bore David’s signature. This time Lucien wrote to Eve.

“The third since he left us!” she said. Poor sister, she was afraid to open the envelope that covered the fatal sheet.

She was feeding the little one when the post came in; they could not afford a wet-nurse now, and the child was being brought up by hand. Her state of mind may be imagined, and David’s also, when he had been roused to read the letter, for David had been at work all night, and only lay down at daybreak.

_Lucien to Eve._

“PARIS, August 29th.

“MY DEAR SISTER,--Two days ago, at five o’clock in the morning, one of God’s noblest creatures breathed her last in my arms; she was the one woman on earth capable of loving me as you and mother and David love me, giving me besides that unselfish affection, something that neither mother nor sister can give--the utmost bliss of love. Poor Coralie, after giving up everything for my sake, may perhaps have died for me--for me, who at this moment have not the wherewithal to bury her. She could have solaced my life; you, and you alone, my dear good angels, can console me for her death. God has forgiven her, I think, the innocent girl, for she died like a Christian. Oh, this Paris! Eve, Paris is the glory and the shame of France. Many illusions I have lost here already, and I have others yet to lose, when I begin to beg for the little money needed before I can lay the body of my angel in consecrated earth. “Your unhappy brother, “Lucien.”

“P. S. I must have given you much trouble by my heedlessness; some day you will know all, and you will forgive me. You must be quite easy now; a worthy merchant, a M. Camusot, to whom I once caused cruel pangs, promised to arrange everything, seeing that Coralie and I were so much distressed.”

“The sheet is still moist with his tears,” said Eve, looking at the letter with a heart so full of sympathy that something of the old love for Lucien shone in her eyes.

“Poor fellow, he must have suffered cruelly if he has been loved as he says!” exclaimed Eve’s husband, happy in his love; and these two forgot all their own troubles at this cry of a supreme sorrow. Just at that moment Marion rushed in.

“Madame,” she panted, “here they are! Here they are!”

“Who is here?”

“Doublon and his men, bad luck to them! Kolb will not let them come in; they have come to sell us up.”

“No, no, they are not going to sell you up, never fear,” cried a voice in the next room, and Petit-Claud appeared upon the scene. “I have just lodged notice of appeal. We ought not to sit down under a judgment that attaches a stigma of bad faith to us. I did not think it worth while to fight the case here. I let Cachan talk to gain time for you; I am sure of gaining the day at Poitiers----”

“But how much will it cost to win the day?” asked Mme. Séchard.

“Fees if you win, one thousand francs if we lose our case.”

“Oh, dear!” cried poor Eve; “why, the remedy is worse than the disease!”

Petit-Claud was not a little confused at this cry of innocence enlightened by the progress of the flames of litigation. It struck him too that Eve was a very beautiful woman. In the middle of the discussion old Séchard arrived, summoned by Petit-Claud. The old man’s presence in the chamber where his little grandson in the cradle lay smiling at misfortune completed the scene. The young attorney at once addressed the newcomer with:

“You owe me seven hundred francs for the interpleader, Papa Séchard; but you can charge the amount to your son in addition to the arrears of rent.”

The vinedresser felt the sting of the sarcasm conveyed by Petit-Claud’s tone and manner.

“It would have cost you less to give security for the debt at first,” said Eve, leaving the cradle to greet her father-in-law with a kiss.

David, quite overcome by the sight of the crowd outside the house (for Kolb’s resistance to Doublon’s men had collected a knot of people), could only hold out a hand to his father; he did not say a word.

“And how, pray, do I come to owe you seven hundred francs?” the old man asked, looking at Petit-Claud.

“Why, in the first place, I am engaged by you. Your rent is in question; so, as far as I am concerned, you and our debtor are one and the same person. If your son does not pay my costs in the case, you must pay them yourself.--But this is nothing. In a few hours David will be put in prison; will you allow him to go?”

“What does he owe?”

“Something like five or six thousand francs, besides the amounts owing to you and to his wife.”

The speech roused all the old man’s suspicions at once. He looked round the little blue-and-white bedroom at the touching scene before his eyes--at a beautiful woman weeping over a cradle, at David bowed down by anxieties, and then again at the lawyer. This was a trap set for him by that lawyer; perhaps they wanted to work upon his paternal feelings, to get money out of him? That was what it all meant. He took alarm. He went over to the cradle and fondled the child, who held out both little arms to him. No heir to an English peerage could be more tenderly cared for than this little one in that house of trouble; his little embroidered cap was lined with pale pink.

“Eh! let David get out of it as best he may. I am thinking of this child here,” cried the old grandfather, “and the child’s mother will approve of that. David that knows so much must know how to pay his debts.”

“Now I will just put your meaning into plain language,” said Petit-Claud ironically. “Look here, Papa Séchard, you are jealous of your son. Hear the truth! you put David into his present position by selling the business to him for three times its value. You ruined him to make an extortionate bargain! Yes, don’t you shake your head; you sold the newspaper to the Cointets and pocketed all the proceeds, and that was as much as the whole business was worth. You bear David a grudge, not merely because you have plundered him, but because, also, your own son is a man far above yourself. You profess to be prodigiously fond of your grandson, to cloak your want of feeling for your son and his wife, because you ought to pay down money _hic et nunc_ for them, while you need only show a posthumous affection for your grandson. You pretend to be fond of the little fellow, lest you should be taxed with want of feeling for your own flesh and blood. That is the bottom of it, Papa Séchard.”

“Did you fetch me over to hear this?” asked the old man, glowering at his lawyer, his daughter-in-law, and his son in turn.

“Monsieur!” protested poor Eve, turning to Petit-Claud, “have you vowed to ruin us? My husband had never uttered a word against his father.” (Here the old man looked cunningly at her.) “David has told me scores of times that you loved him in your way,” she added, looking at her father-in-law, and understanding his suspicions.

Petit-Claud was only following out the tall Cointet’s instructions. He was widening the breach between the father and son, lest Séchard senior should extricate David from his intolerable position. “The day that David Séchard goes to prison shall be the day of your introduction to Mme. de Senonches,” the “tall Cointet” had said no longer ago than yesterday.

Mme. Séchard, with the quick insight of love, had divined Petit-Claud’s mercenary hostility, even as she had once before felt instinctively that Cérizet was a traitor. As for David, his astonishment may be imagined; he could not understand how Petit-Claud came to know so much of his father’s nature and his own history. Upright and honorable as he was, he did not dream of the relations between his lawyer and the Cointets; nor, for that matter, did he know that the Cointets were at work behind Métivier. Meanwhile old Séchard took his son’s silence as an insult, and Petit-Claud, taking advantage of his client’s bewilderment, beat a retreat.

“Good-bye, my dear David; you have had warning, notice of appeal doesn’t invalidate the warrant for arrest. It is the only course left open to your creditors, and it will not be long before they take it. So, go away at once----Or, rather, if you will take my advice, go to the Cointets and see them about it. They have capital. If your invention is perfected and answers the purpose, go into partnership with them. After all, they are very good fellows----”

“Your invention?” broke in old Séchard.

“Why, do you suppose that your son is fool enough to let his business slip away from him without thinking of something else?” exclaimed the attorney. “He is on the brink of the discovery of a way of making paper at a cost of three francs per ream, instead of ten, he tells me.”

“One more dodge for taking me in! You are all as thick as thieves in a fair. If David has found out such a plan, he has no need of me--he is a millionaire! Good-bye, my dears, and a good-day to you all,” and the old man disappeared down the staircase.

“Find some way of hiding yourself,” was Petit-Claud’s parting word to David, and with that he hurried out to exasperate old Séchard still further. He found the vinegrower growling to himself outside in the Place du Mûrier, went with him as far as L’Houmeau, and there left him with a threat of putting in an execution for the costs due to him unless they were paid before the week was out.

“I will pay you if you will show me how to disinherit my son without injuring my daughter-in-law or the boy,” said old Séchard, and they parted forthwith.

“How well the ‘tall Cointet’ knows the folk he is dealing with! It is just as he said; those seven hundred francs will prevent the father from paying seven thousand,” the little lawyer thought within himself as he climbed the path to Angoulême. “Still, that old slyboots of a paper-maker must not overreach us; it is time to ask him for something besides promises.”

“Well, David dear, what do you mean to do?” asked Eve, when the lawyer had followed her father-in-law.

“Marion, put your biggest pot on the fire!” called David; “I have my secret fast.”

At this Eve put on her bonnet and shawl and walking shoes with feverish haste.

“Kolb, my friend, get ready to go out,” she said, “and come with me; if there is any way out of this hell, I must find it.”

When Eve had gone out, Marion spoke to David. “Do be sensible, sir,” she said, “or the mistress will fret herself to death. Make some money to pay off your debts, and then you can try to find treasure at your ease----”

“Don’t talk, Marion,” said David; “I am going to overcome my last difficulty, and then I can apply for the patent and the improvement on the patent at the same time.”

This “improvement on the patent” is the curse of the French patentee. A man may spend ten years of his life in working out some obscure industrial problem; and when he has invented some piece of machinery, or made a discovery of some kind, he takes out a patent and imagines that he has a right to his own invention; then there comes a competitor; and unless the first inventor has foreseen all possible contingencies, the second comer makes an “improvement on the patent” with a screw or a nut, and takes the whole thing out of his hands. The discovery of a cheap material for paper pulp, therefore, is by no means the conclusion of the whole matter. David Séchard was anxiously looking ahead on all sides lest the fortune sought in the teeth of such difficulties should be snatched out of his hands at the last. Dutch paper, as flax paper is still called, though it is no longer made in Holland, is slightly sized; but every sheet is sized separately by hand, and this increases the cost of production. If it were possible to discover some way of sizing the paper in the pulping-trough, with some inexpensive glue, like that in use to-day (though even now it is not quite perfect), there would be no “improvement on the patent” to fear. For the past month, accordingly, David had been making experiments in sizing pulp. He had two discoveries before him.

Eve went to see her mother. Fortunately, it so happened that Mme. Chardon was nursing the deputy-magistrate’s wife, who had just given the Milauds of Nevers an heir presumptive; and Eve, in her distrust of all attorneys and notaries, took into her head to apply for advice to the legal guardian of widows and orphans. She wanted to know if she could relieve David from his embarrassments by taking them upon herself and selling her claims upon the estate, and besides, she had some hope of discovering the truth as to Petit-Claud’s unaccountable conduct. The official, struck with Mme. Séchard’s beauty, received her not only with the respect due to a woman, but with a sort of courtesy to which Eve was not accustomed. She saw in the magistrate’s face an expression which, since her marriage, she had seen in no eyes but Kolb’s; and for a beautiful woman like Eve, this expression is the criterion by which men are judged. When passion, or self-interest, or age dims that spark of unquestioning fealty that gleams in a young man’s eyes, a woman feels a certain mistrust of him, and begins to observe him critically. The Cointets, Cérizet, and Petit-Claud--all the men whom Eve felt instinctively to be her enemies--had turned hard, indifferent eyes on her; with the deputy-magistrate, therefore, she felt at ease, although, in spite of his kindly courtesy, he swept all her hopes away by his first words.

“It is not certain, madame, that the Court-Royal will reverse the judgment of the court restricting your lien on your husband’s property, for payment of moneys due to you by the terms of your marriage-contract, to household goods and chattels. Your privilege ought not to be used to defraud the other creditors. But in any case, you will be allowed to take your share of the proceeds with the other creditors, and your father-in-law likewise, as a privileged creditor, for arrears of rent. When the court has given the order, other points may be raised as to the ‘contribution,’ as we call it, when a schedule of the debts is drawn up, and the creditors are paid a dividend in proportion to their claims.

“Then M. Petit-Claud is bringing us to bankruptcy,” she cried.

“Petit-Claud is carrying out your husband’s instructions,” said the magistrate; “he is anxious to gain time, so his attorney says. In my opinion, you would perhaps do better to waive the appeal and buy in at the sale the indispensable implements for carrying on the business; you and your father-in-law together might do this, you to the extent of your claim through your marriage contract, and he for his arrears of rent. But that would be bringing the matter to an end too soon perhaps. The lawyers are making a good thing out of your case.”

“But then I should be entirely in M. Séchard’s father’s hands. I should owe him the hire of the machinery as well as the house-rent; and my husband would still be open to further proceedings from M. Métivier, for M. Métivier would have had almost nothing.”

“That is true, madame.”

“Very well, then we should be even worse off than we are.”

“The arm of the law, madame, is at the creditor’s disposal. You have received three thousand francs, and you must of necessity repay the money.”

“Oh, sir, can you think that we are capable----” Eve suddenly came to a stop. She saw that her justification might injure her brother.

“Oh! I know quite well that it is an obscure affair, that the debtors on the one side are honest, scrupulous, and even behaving handsomely; and the creditor, on the other, is only a cat’s-paw----”

Eve, aghast, looked at him with bewildered eyes.

“You can understand,” he continued, with a look full of homely shrewdness, “that we on the bench have plenty of time to think over all that goes on under our eyes, while the gentlemen in court are arguing with each other.”

Eve went home in despair over her useless effort. That evening at seven o’clock, Doublon came with the notification of imprisonment for debt. The proceedings had reached the acute stage.

“After this, I can only go out after nightfall,” said David.

Eve and Mme. Chardon burst into tears. To be in hiding was for them a shameful thing. As for Kolb and Marion, they were more alarmed for David because they had long since made up their minds that there was no guile in their master’s nature; so frightened were they on his account, that they came upstairs under pretence of asking whether they could do anything, and found Eve and Mme. Chardon in tears; the three whose life had been so straightforward hitherto were overcome by the thought that David must go into hiding. And how, moreover, could they hope to escape the invisible spies who henceforth would dog every least movement of a man, unluckily so absent-minded?

“Gif montame vill vait ein liddle kvarter hour, she can regonnoitre der enemy’s camp,” put in Kolb. “You shall see dot I oonderstand mein pizness; for gif I look like ein German, I am ein drue Vrenchman, and vat is more, I am ver’ conning.”

“Oh! madame, do let him go,” begged Marion. “He is only thinking of saving his master; he hasn’t another thought in his head. Kolb is not an Alsacien, he is--eh! well--a regular Newfoundland dog for rescuing folk.”

“Go, my good Kolb,” said David; “we have still time to do something.”

Kolb hurried off to pay a visit to the bailiff; and it so fell out that David’s enemies were in Doublon’s office, holding a council as to the best way of securing him.

The arrest of a debtor is an unheard-of thing in the country, an abnormal proceeding if ever there was one. Everybody, in the first place, knows everybody else, and creditor and debtor being bound to meet each other daily all their lives long, nobody likes to take this odious course. When a defaulter--to use the provincial term for a debtor, for they do not mince their words in the provinces when speaking of this legalized method of helping yourself to another man’s goods--when a defaulter plans a failure on a large scale, he takes sanctuary in Paris. Paris is a kind of City of Refuge for provincial bankrupts, an almost impenetrable retreat; the writ of the pursuing bailiff has no force beyond the limits of his jurisdiction, and there are other obstacles rendering it almost invalid. Wherefore the Paris bailiff is empowered to enter the house of a third party to seize the person of the debtor, while for the bailiff of the provinces the domicile is absolutely inviolable. The law probably makes this exception as to Paris, because there it is the rule for two or more families to live under the same roof; but in the provinces the bailiff who wishes to make forcible entry must have an order from the Justice of the Peace; and so wide a discretion is allowed the Justice of the Peace, that he is practically able to give or withhold assistance to the bailiffs. To the honor of the Justices, it should be said, that they dislike the office, and are by no means anxious to assist blind passions or revenge.