Part 16

The judge therefore starts a trial with the conviction that the examining magistrate thinks that the prisoner is guilty. This conviction must influence his conduct of the case. “Quel homme est assez Dieu pour rendre la Justice” under these conditions? Many Frenchmen have been of the opinion for a long time that the procedure of a French criminal trial needs reformation. Many consider that the judge’s preliminary interrogatory of the prisoner and of the witnesses should be entirely suppressed, and should give place to examination and cross-examination by prosecuting counsel and the counsel for the defence. Many people think too that the _juge d’instruction_ should be made to justify his _dossier_ in open court and on oath, that he should be called to justify it at the witness bar instead of the present system of a formal reading by a clerk of the court which takes a long time and is always so gabbled that it is merely a formality.

Another reform in French criminal procedure which many Frenchmen think necessary is the suppression of the freedom of the jury during the trial. There is a curious disregard of rules and regulations during the details of a big criminal trial in France. There are witnesses who, in response to the judge’s remark after he has asked the witness to swear to tell the truth without fear and without hatred, and to state name, address, and age, in response to the three words “Make your deposition” which give the witness a free head, behave just like racehorses when the starting gate goes up. Lawyer witnesses particularly have been known to make long speeches for the defence or for the prosecution on the plea of giving evidence, and there are many other similar abuses. It often happens, too, that evidence which the examining magistrate has collected is never sifted at the trial itself. When the trial is over, when the Public Prosecutor, the counsel for the defence, and, if the prisoner has anything to say, the prisoner, have addressed the court, the jury retires to consider the verdict. There is something oddly, picturesquely, emphatic and impressive in the mechanism of this retirement.

Somehow or another the French have a peculiar knack of stage-managing anything and everything. No visitor on his first visit to Paris fails to remark the wonderful stage-management (I suppose I ought to call it landscape gardening) of the city. Look at the Tuileries Gardens when dusk is just closing in towards the end of a fine day. The whole place breathes the history of the last days of the Empire, and has the gentle melancholy of a Turner picture. Stop in the Avenue des Champs Elysées where the Avenue Nicholas II. intersects it. Look up the Avenue and down it. The Arc de Triomphe and the Place de la Concorde, which, when it ceased to be the Place Royale, held the scaffold of a king of France. Look out across the Seine, then turn and look behind you. The bridge which is named after a murdered Czar of Russia and the Invalides beyond it. Behind you the Palace of the Elysée, the home of the President of the third Republic, facing Napoleon’s Tomb. At every turn in Paris, north, east, west, or south, you get signs of this half-unconscious national gift of staging effects.

The jury in a criminal trial in Paris does not, as a London jury does, melt into disappearance before the final verdict. There are a few solemn words from the judge, there is a rustle as the lawyers gather up papers and sit back, and then fourteen very ordinary, very weary good men and true, whose faces we had only seen in profile until then, rise in their places. Their white and tired faces shine suddenly a pasty yellow in the electric lamplight. The good men of the jury show us their backs and walk slowly behind the desk of the Public Prosecutor to a little door which we had not noticed till then, and which has just been opened. Through this freshly opened door we stare across the court up a flight of narrow stairs with red and grey carpets on them. The verdict will come, presently, down that flight of narrow stairs. The small door closes, and we wait.

As a rule a big criminal trial finishes late in the evening. Everybody is sick of it. For the sake of the prisoner, for the sake of the judge, for the sake of the jury, for the sake of the lawyers, for the sake of the public, every one wants to get it over. Nobody wants yet another adjournment. So it is usually at night that one sits and waits for the verdict in a big Paris criminal trial, and although I have seen exactly the same scene, and endured exactly the same sensations many times, the scene has never lost its dramatic force, and the sensations are always new. A sense of relief comes first. We have seen the prisoner, in a state of semi-collapse as a rule, going out through the door of the dock to the room behind it, where, on this last evening of the trial, the prisoner is allowed to wait for the verdict which is to be rendered before her return. We feel the relief that one feels when the fighting is over, mingled with suspense and with pity for the wretched creature who is waiting and is wondering. We realize that we are hungry, and rush off to get a little food. We dare not stay to eat it, and return with it to court again. The appearance of the court-room has changed during the few minutes of our scamper to the buffet down below for sandwiches. We have brought them back with us, and other people are munching food, too, in the dust, the heat, the squalor of this room from which the majesty of justice has departed with the red robed tribunal, the jury, and the prisoner. There is a hubbub of excited talk and much discussion. Municipal guards forget to keep order and chat with us and with the barristers of the probabilities and possibilities of the verdict. Every now and then there is a hubbub of excitement and a sudden deathly stillness. The little door, beyond which we can see those red and grey carpeted stairs, has opened. The jury are returning! No, it is a false alarm. They are not quite clear on some formal point or other, and they have sent for the judge. After one or more of these alarms, suddenly, when nobody has expected it, the little door opens and remains open. The jury really are returning this time. We see them walk slowly down those narrow red and grey stairs, and file slowly into the box. Their faces tell us nothing, but we all try to read them. The presiding judge and his two assistant judges walk slowly in and take their seats, at the long table. On their right, the red robed Public Prosecutor who has followed them, stands at his desk, on their left the lawyers for the defence stand in their seats in front of the empty dock. The stillness which was broken for a moment while the court came in becomes something tangible, something quite painful now. It has a quality of the sensation one feels in a diving bell. Our eardrums tingle with it. Then the judge’s voice breaks the strain. “There must be not the least noise,” he says. “I will allow no demonstration of any kind, whatever the verdict may be.” Somebody laughs, and is hushed down with indignant sibilance. We know that there will be a demonstration whatever the judge may say. There has never yet been a French trial without one.

“Mr. Foreman of the Jury,” says the judge, “Be kind enough to let us know the result of your deliberations.” If possible the silence becomes greater yet. Then: “On my honour and on my conscience,” says the foreman of the jury “before God and before men, the answer is ... to all questions.” And pandemonium breaks forth. The answer to the questions has to be “Yes” or “No”. The jury may not amplify it. They will be asked, in the trial of Madame Caillaux, to decide whether there was murder, whether there was murder with premeditation or without it. They will be asked to state whether there are extenuating circumstances, or whether there are none. On these answers, on this simple “Yes” or “No” depends the fate of the prisoner. We see the judge’s mouth open and shut, we see his hand rise and fall, but we have heard no sound of his voice in the hubbub which the declaration of the verdict has let loose. Then there is silence again. The judge has ordered the prisoner to be brought in. The verdict is told her, and the sentence, if there is a sentence, is rendered.

This is the way in which the curtain will fall on the last act of the Caillaux Drama. Will it be a final curtain? And what will the jury’s answer be to the questions which will be put to them? That, no man can answer now. Madame Caillaux may of course be acquitted, though public opinion in Paris considers this exceedingly unlikely. She may be found guilty of murder with premeditation. The sentence decreed by the Code for this is death, and nobody believes in or anticipates the likelihood of such a verdict. If the verdict be “Murder without premeditation,” if the jury finds extenuating circumstances, the Code decrees a minimum of five years, either hard labour or confinement in a prison, and a maximum of ten years. There is also the possibility that a sentence may be passed of hard labour or imprisonment for life.

And beyond the verdict, beyond the sentence, what will the future of this woman and her husband be? That no man can answer either, but we all know that whatever happens, whatever the court decides, those shots from a revolver in the office of the _Figaro_ on the afternoon of March 16, 1914, will never cease to echo in the lives of Joseph and Henriette Caillaux.

And in the echo, lurks the tragic essence of the Caillaux drama.

THE END

INDEX

Agadir M. Calmette asked not to publish telegrams, 96 M. Clemenceau and the Barthou Cabinet, 103 M. Caillaux open to criticism, 106 M. Calmette’s series of articles, 130 History of Agadir, 150 _Panther_ and _Berlin_ arrive, 165 M. Caillaux’s telegram, 166 Lord Morley in the _Times_, 168 Treaty, 259

Algeciras, Act of The right of France to police Morocco, 151, 154

Alphonse de Neuville, Rue Home of Madame Caillaux, 12, 13, 14, 17, 20

Aratra Mines Company floated by M. Rochette, 210

Asquith “extremely difficult” situation, 168

Auteuil Home of M. Schneider, Boulevard Beauséjour, 121

Avenue d’Antin Sale-rooms of Gastinne-Renette, 18

Banque, Franco-Espagnole Company floated by M. Rochette, 184, 200, 207

Banque Perrier M. Calmette calls M. Caillaux to account for heavy fine, 130

Baring Bros., London Bankers concerned in Prieu affair, 118

Barrès took part in debate in Chamber of Deputies, 42

Barthou, Minister of Justice produced and read statement, 33, 96, 179 takes part in debate in Chamber of Deputies, 42 conversation with Mme. Gueydan and with M. Caillaux, 97 defeated by Clemenceau faction, 103 opposition to M. Caillaux, 104 comment on Bourse operation, 137 M. Fabre’s statement received from M. Briand, 242

Baxter, Miss, Mme. Caillaux’s English governess letter for M. Caillaux, 289

Belgian Congo Railway from German Cameroons, 164, 174 opinion in Great Britain and Belgium, 168

Bernard-Maurice, M. Rochette’s lawyer statement by M. Fabre, 35, 38, 39, 232 represented M. Caillaux in divorce proceedings, 83, 181 M. Poincaré’s evidence, 83, 84, 85 M. Monis’ remarks, 181 charges of illegality made, 206 postponement of trial, 237, 238 threatened M. Fabre, 247

Bernstein, Henry, Jewish play-writer play produced by Comédie Française, 65

Berr, Examining Magistrate preparing Rochette case, 199 letter from M. Rochette, 200 M. Rochette’s complaint, 217

Bidault de L’Isle, Judge question by M. Delahaye, 30 evidence before Commission of Inquiry, 31, 32 statement by M. Fabre, 35, 36, 38, 39, 40 pressure brought on him by M. Monis and M. Caillaux, 140, 240 contradictions in evidence, 228 evidence at Chamber of Correctional Appeal, 237, 238

Blanc, Examiner of M. Rochette’s books M. Rochette’s trial a foregone conclusion, 218

Bloch-Laroque, friend of M. Fabre statement by M. Fabre, 35, 39 conversation with M. Fabre on M. Bernard, 247

Boileau, Member of Prieu Syndicate letters in the _Figaro_, 123

Boucard, Examining Magistrate Madame Caillaux’s evidence, 18, 19, 20, 21, 286, 287 _Action Française_, 69 M. Caillaux and evidence of others, 80 evidence of M. Caillaux, 86, 87, 90, 93, 95 _re_ Prieu affair, 118 Madame Caillaux’s request, 277

Bourget, Paul novelist and friend of M. Calmette, 6, 21

Briand, Minister of Justice in Monis Cabinet received M. Fabre’s declaration, 32 statement handed to M. Barthou, 33 took part in debate in Chamber of Deputies, 42 favours Clemenceau party, 103 founded Federation of the Left, 104 Prime Minister, 153 resignation, 155 Monis Cabinet and desire to break away, 159 M. Caillaux’s epigram, 159, 163 interview with M. de Selves, _re_ “green document,” 173 handed M. Fabre’s statement to M. Barthou, 242

Buisson Hella Company floated by M. Rochette, 184, 207

Caillaux, Eugène Alexandre, Inspector of Finance and Minister of State father of M. Joseph Caillaux, 87

Calmette, Madame divorce proceedings, 94

Cambon, Jules, French Ambassador in Berlin troops to Fez, 164 reply of von Kiderlen Waechter, 165 M. de Selve’s request, 167 questions German Foreign Minister, 170

Cambon, Paul instructions in relation to British Government, 166, 167 telegram from Berlin, 171

Cameroon Franco-German understanding, 158, 159, 160, 167

Carpin, Police Commissioner received journalists, 10, 11 no means of stopping _Figaro_ campaign, 13

Cassel, Sir Ernest influence on behalf of M. Spitzer, 128 negotiations with Herr von Gwinner, 170

Ceccaldi mentioned in M. Caillaux’s evidence, 100 charges of corruption, 126 member of second Commission, 193

Chauchard, Founder of Magasins du Louvre legacy to M. Calmette, 95

Chaussée d’ Antin, Rue de la situation of office of M. Gaudrion, 196

Claretie, Leo first husband of Madame Caillaux, 286

Claretie, Madame Leo, second wife of M. Caillaux became Madame Caillaux, 88, 90

Clemenceau supporter of M. Pams, 102 against M. Barthou and his Cabinet, 103 general adviser, 104 letter published by M. Calmette, 135 head of Government, 152 out of office, 153 M. Caillaux and impeachment for high treason, 169 interview with M. de Selves, 173 discussion in the Chamber, 175-177 accused of moral complicity with M. Rochette, 191 initiates action in Rochette case, 193, 194 accusation of proceeding illegally, 206 evidence before Commission of Inquiry, 209, 212 Government not protecting M. Rochette, 226

Cochery Finance Minister, 1909, 115

Compagnie Transatlantique quarrel with South Atlantic Company and _Figaro’s_ accusation, 129

Congo Franco-German understanding, 152, 155, 158, 159, 160, 167 convention with Germany, 163 M. Waechter’s answer to M. Cambon, 165 Germany’s demands, 168, 171

Conty, Director of Political Affairs in Foreign Office and now French Minister at Pekin Franco-German understanding in Congo, 158, 160

Corbeil home of M. Pichereau, 196

Crédit Minier Company floated by M. Rochette, 184, 201, 207, 218, 219, 222

Cruppi Franco-German understanding in Congo, 158, 163

D’Ariste, Heir of M. Prieu made over his rights to Syndicate, 119

Darracq backed by M. Rochette, 220

Delahaye, Member of the Opposition placed motion before the House, 27 declared M. Calmette intended to publish letter, 29 addressed question to M. Monis, 30 Prime Minister replies, 32

Desbons Counsel for Madame Vitz, 75

Desclaux, chef de Cabinet de M. Caillaux Madame Gueydan’s offer to journalist, 91, 92, 93

De Selves, Minister for Foreign Affairs resignation of, 108 visit to Holland, 165 M. Caillaux’s instructions in opposition to his opinion, 166 returns from Holland and asks for explanation of agreement, 167 negotiations without his knowledge, 169, 176 telegram from Berlin to German Embassy in Paris, 171 the “green document,” 172 causes excitement, 174 speech before Senate in Committee, 175

D’Estournelles de Constant, friend of M. Caillaux canvass for M. Caillaux, 257

Doumergue, Prime Minister M. Caillaux telephones his resignation, 23 Cabinet Council, 24 speech of M. Delahaye, 27 speech in Chamber of Deputies, 32 challenged to a duel, 42 improbability of re-election, 43 M. Caillaux endeavouring to maintain Ministry, 107 M. Renoult, Minister of the Interior, 115

Doyen, Dr., surgeon his opinion as to M. Calmette’s treatment, 277

Drouot, Rue office of the _Figaro_, 2, 3, 4, 43

Du Mesnil, managing editor of the _Rappel_ statement by M. Fabre, 35, 39

Dupré, Jules first husband of Madame Gueydan, 88, 95

Durand, Yves, chef de Cabinet de M. Lépine sent for by M. Lépine, 194 ordered to find plaintiff, 194, 195 visits M. Gaudrion, 196, 198 sent to M. Monier, 197 accused of speculating, 199, 206 called as witness before Commission, 207 acquitted by M. Lépine of all dishonourable action, 208

Duret, M. Rochette’s Private Secretary his evidence, 223

Fabre, Victor, Procureur Général M. Calmette and letter, 26, 138 M. Delahaye’s question, 30 declaration carried by M. Calmette, 31 statement produced, 33 “deplorable abuse of influence,” 41 Madame Gueydan read letter, 97 story of pressure put upon him, 140 position at Aix, 180 evidence before Parliamentary Commission, 231, 232 cross-questioned, 234 statements _re_ Rochette case, 235-247

Fallières, President of the French Republic Franco-German understanding in Congo, 158 warning at Cabinet Council, 160 visit to Tunis, 163

Faubourg Montmartre, Rue du police-station, 3, 9, 12, 23, 44

Fez French troops to be sent, 163, 164, 165

Fontainebleau M. Rochette’s early life, 183

Fonvielle, Antoine de, lawyer Prieu Syndicate letter to M. Calmette, 120, 122

Forichon, Presiding Judge in Court of Appeal hears M. Poincaré’s evidence on oath, 81

François-Poncet statement by M. Fabre, 36, 40

Fresnes Modern prison, 46, 47

Gabon Germany’s demands, 168

Gaillard, Doctor Dentist of Madame Caillaux, 14

Gastinne-Renette Armourer, 18, 19, 283

Gaudrion, a banker connected with Rochette case willing to prosecute M. Rochette, 196 visited by M. Durand, 198 dealings in shares in M. Rochette’s Companies, 204 supplies a prosecutor in his stead, 225

German Cameroons railway to Belgian Congo, 164, 174

Grange Batélière, Rue de la other entrance to police station, 12

Grey, Sir Edward refers to Belgian Congo, 168

Gueydan, Madame, first wife of M. Caillaux divorced wife of M. Dupré, 88 letters burned, 89, 92 evidence before examining magistrate, 90, 91 read letters to M. Barthou, 97 M. Privat-Deschanel and burning of letters, 101, 129 “Ton Jo” letter, 146, 147

Guillemard, Madeleine wrote in defence of letters, 86

Guiot, representative of bondholders of Moroccan Debt visited German Foreign Office, 153 provisional agreement, 154

Gwinner, of the Deutsche Bank negotiations, 170

Hartmann owner of hospital, 4

Herbaux, new Procureur Général probable prosecutor, 180

Homberg, André, Director of Société Générale called on M. Caillaux, 129 _Figaro’s_ accusation, 130

Hotel Ritz Madame Caillaux’s engagement for tea, 16, 20

Hottinguer and Co. concerned in Prieu affair, 118

Humbert notorious female prisoner, 12, 44

“Intermède Comique—Ton Jo” Headline in _Figaro_, 98

Italian Embassy Dinner-party, 13, 17, 23, 24

Jaurès President Parliamentary Commission of Inquiry, 31, 41, 180 took part in debate in Chamber of Deputies, 42 Rochette affair, 141, 206, 238 tells committee the history of the Rochette case, 224-228 letter summoning M. Monis to Commission of Inquiry, 235

Jeanne Soubrette in attendance on Madame Caillaux, 50, 51

Kissingen French Ambassador’s conversation with German Secretary of State, 165

Lancken first mention of Belgian Congo, 169

Lavedan play-writer, 65

Laviana Company floated by M. Rochette, 184, 207

Lebon, François, editor of _L’Œuvre_ attack on M. Caillaux and French Parliament, 125

Le Mans letters sent to M. Caillaux “poste restante,” 286

Léonide, Sister, Chief Superintendent of prison nuns description of, 47 “Bostock,” 48 duties in St. Lazare, 60, 62

Lépine, Prefect of Police received orders to inquire into Rochette case, 194, 212, 226 previously urged authorities to take action, 195 sent M. Durand to M. Monier, 197 evidence before Commission of Inquiry, 197, 208, 210 opinion of M. Rochette, 209

Lloyd George opinion on Congo question, 168

Luquet, Permanent Official in Ministry of Finance intermediary between Government and Société Générale, 128 superseded and succeeded by M. Privat-Deschanel, 129

Malvy, Minister of Commerce accompanies M. Caillaux, 12 sent to M. Caillaux to induce him to reconsider resignation, 24 appointed Minister Home Affairs, 25

Mamers M. Caillaux’s constituency, 19, 88, 112, 132, 256, 257, 259, 260

Manchon Hella Company floated by M. Rochette, 184, 185, 207 M. Pichereau’s investments, 197, 198

Mannesmann Brothers claims and concessions, 163

Mascuraud Committee association of parliamentarians and commercial men, 126

Mazars letter in _Figaro_ from M. Prosper Sauvage, 123

Messimy, Colonial Minister in Monis Cabinet instructed to declare Franco-German understanding impossible, 160

Michel, Louise notorious prisoner, cell No. 12, 44

Millerand, Socialist, 255

Milliés-Lacroix, French Colonial Minister interview with M. Pichon, 153

Mines de Liat Company floated by M. Rochette, 184, 207

Mogador telegram from M. Caillaux, 166

Moinier, General troops at his disposal, 164

Monier, Procureur de la République? president of the Civil Court, 13, 14 consulted by Madame Caillaux, 81, 99 interviewed by M. Durand, 197, 198 documents accusing M. Rochette, 207

Monis, Prime Minister and Minister of Marine accusation against, 29 questioned by M. Delahaye and reply, 30 statement by M. Fabre, 33, 37, 138 resignation from Cabinet, 40 Minister of Marine, 104 article by M. Calmette, 139 brought pressure to bear on M. Fabre and Judge Bidault de L’Isle, 140 elected Prime Minister, 155 Cabinet defeated, 165 examination by Parliamentary Commission, 179, 180, 234-237 conversation in regard to trial of Rochette, 181, 182 M. Caillaux advises postponement of trial, 213 order for postponement of trial, 243, 245

Monniot letter in _Figaro_ from M. Prosper Sauvage, 123, 124

Monquin, Head of Research Department, Paris Police sent for by M. Lépine, 194

Morand, Albert, Artist of St. Lazare honoured in Carnavalet Museum, 47 drawings in this volume, 47

Morley, Lord letter in the _Times_, 168

Morocco interests of France, 151, 152, 156 serious trouble, 160, 161, 163, 169 M. Caillaux’s telegram, 166 German Cabinet and the crisis, 171

Moroccan Company of Public Works formed after approval of provisional agreement, 154

Mortier, Pierre, Editor of _Gil Blas_ would not use letters, 93

Neuilly private hospital at, 3

N’Goko Tanga charges of corruption by M. Ceccaldi, 126 offered to give up a portion of territory, 154 question in Parliament, 155 convention with Germany, 163 M. Caillaux explains failure of negotiations, 174

Pams, Rival of M. Poincaré non-election resented by M. Clemenceau, 102

Paral Mexico Company floated by M. Rochette, 184

Paris Omnibus Co. M. Rochette endeavouring to get concession, 220

Pau M. Caillaux founded Radical united party, 104

Paul, Dr. Chas., Medical Officer of Health report of the autopsy after M. Calmette’s death, 283

Péret, Raoul appointed Minister of Commerce, 25

Perrier, Minister of Justice (Monis Cabinet) M. Calmette’s article, 139

Philippeau, Robert reported conversation heard in Paris Tube, 284, 285