Blackwood's Edinburgh Magazine — Volume 53, No. 327, January, 1843

VI.—THE EXECUTION

The 10th March 1797, Lesurques was led to the scaffold. He wished to be dressed completely in white, as a symbol of his innocence. He wore pantaloons and frock-coat of white cotton, and his shirt-collar turned down over his shoulders. It was the day before Good Friday, and he expressed regret that he had not to die on the morrow. In passing from the prison de la Conciergerie to the Place de la Grève, where the execution took place, Couriol, placed beside Lesurques in the cart, cried out to the people in a loud voice, "Citoyens, I am guilty! I am guilty! but Lesurques is innocent."

On arriving at the platform of the guillotine, already stained with the blood of Bernard, Lesurques exclaimed, "I pardon my judges; I pardon the witnesses through whose error I die; and I pardon Legrand, who has not a little contributed to my judicial assassination. I die protesting my innocence." In another instant he was no more.

Couriol continued his declarations of Lesurques's innocence to the foot of the scaffold; and, after a final appeal, he, too, delivered himself to the executioner. The drop fell on a guilty neck, having before been stained with the blood of two innocent men.

The crowd retired with a general conviction that Lesurques had perished guiltless; and several of the judges were seriously troubled by the doubts which this day had raised in their minds. Many of the jury began to repent having relied so on the affirmations of the witnesses from Mongeron and Lieursaint, precise as they had been. M. Daubenton, the magistrate who had first ordered the arrest, went home a thoughtful man, and determined to lose no opportunity of getting at the truth, which the arrest of the three accomplices mentioned by Couriol could alone bring to light.

VII.—THE PROOFS

Two years passed on without affording any clue to the conscientious magistrate. One day, however, he heard that a certain Durochat was arrested for a recent robbery, and was confined in the Sainte Pelagie; and remembering that Durochat was the name of the one designated by Couriol as having taken the place beside the courier, under the false name of Laborde. At the epoch of the trial of Lesurques, it came out that several persons, amongst them an inspector of the administration des postes, had seen the false Laborde at the moment that he was awaiting the mail, and had preserved a distinct recollection of his person.

M. Daubenton, on ascertaining the day of Durochat's approaching trial for robbery, went to the administration des postes, and obtained through the Chef the permission to send for the inspector who had seen the false Laborde, and who was no longer in Paris.

The juges du tribunal had also been warned of the suspicions which rested on Durochat. The day of trial arrived, and he was condemned to fourteen years' imprisonment, and was about being led from the court when the inspector arrived, and declared that Durochat was the man whom he had seen on the 8th Floréal mount beside the courier under the false name of Laborde. Durochat only opposed feeble denials to this declaration, and was consequently taken to the Conciergerie.

On the morrow, Durochat was transferred to Versailles, where he was to be judged. Daubenton and a huissier departed with the prisoner and four gendarmes. As they reached the village of Grosbois he demanded some breakfast, for he had eaten nothing since the preceding day. They stopped at the first auberge, and there Durochat manifested a desire to speak to the magistrate in private.

Daubenton ordered the gendarmes to leave them together, and even the huissier, though he made him understand by a sign the danger of being alone with so desperate a villain, was begged to retire. A breakfast was ordered for the two. It was brought—but, by order of the huissier, only one knife was placed on the table. Daubenton took it up, and began carelessly to break an egg with it.

Durochat looked at him fixedly for a moment, and said,

"Monsieur le juge, you are afraid?"

"Afraid!" replied he calmly, "and of whom?"

"Of me," said Durochat.

"Folly!" continued the other, breaking his egg.

"You are. You arm yourself with a knife," said he sarcastically.

"Bah!" replied Daubenton, presenting him the knife, "cut me a piece of bread, and tell me what you have to communicate to me respecting the murder of the courier of Lyons."

There is something in the collected courage of a brave man more impressive than any menace; and courage is a thing which acts upon all natures, however vile. Strongly moved by the calm audacity of the magistrate the ruffian, who had seized the knife with menacing vivacity, now set it down upon the table, and with a faltering voice said, "Vous êtes un brave, citoyen!" then after a pause, "I am a lost man—it's all up with me; but you shall know all."

He then detailed the circumstances of the crime, as we have related them above, and confirmed all Couriol's declarations, naming Couriol, Rossi, Vidal, and Dubosq, as his accomplices. Before the tribunal he repeated this account, adding, "that he had heard an individual named Lesurques had been condemned for the crime, but that he had neither seen him at the time of the deed, nor subsequently. He did not know him."

He added, that it was Dubosq whose spur had been broken, and was mended where they had dined; for he had heard them talk about it, and that he had lost it in the scuffle. He had seen the other spur in his hand, and heard him say that he intended throwing it in the river. He further gave a description of Dubosq's person, and added, that on that day he wore a flaxen peruke.

Towards the end of the year 8—four years after the murder of the courier of Lyons—Dubosq was arrested for robbery; and was transferred to Versailles, there to be judged by the Tribunal Correctionnel. The president ordered that he should wear a flaxen peruke, and be confronted with the witnesses from Mongeron and Lieursaint, who now unanimously declared that he was the man they had seen. This, coupled with the declarations of Couriol, Durochat, and Madelaine Breban, sufficed to prove the identity; and he did not deny his acquaintance with the other culprits. He was therefore condemned, and perished on the scaffold for the crime.

Vidal was also arrested and executed, though persisting in his innocence; and, finally, Rossi was shortly after discovered and condemned. He exhibited profound repentance, and demanded the succours of religion. To his confessor he left this declaration—"I assert that Lesurques is innocent; but this must only be made public six months after my death."

Thus ends this strange drama; thus were the proofs of Lesurques's innocence furnished beyond a shadow of doubt; and thus, we may add, were seven men executed for a crime committed by five men; two therefore were innocent—were victims of the law.

VIII.—THE WAY IN WHICH FRANCE RECTIFIES AN ERROR

It is now forty years since the innocence of Lesurques has been established, and little has been done towards the rehabilitation of his memory, the protection of his children, and the restitution of his confiscated goods! Forty years, and his wretched widow has only recently died, having failed in the object of her life! Forty years has the government been silent.

M. Daubenton, who took so honourable and active a part in the detection of the real criminals, consecrated a great part of his life and fortune to the cause of the unfortunate widow and her children. The declaration he addressed to the Minister of Justice commenced thus:—

"The error, on which was founded the condemnation of Lesurques, arose neither with the judges nor the jury. The jury, convinced by the depositions of the witnesses, manifested that conviction judicially; and the judges, after the declaration of the jury, pronounced according to the law.

"The error of his condemnation arose from the mistake of the witnesses—from the fatal resemblance to one of the culprits not apprehended. Nothing gave reason to suspect at that time the cause of the error in which the witnesses had fallen."

We beg to observe that the whole trial was conducted in a slovenly and shameful manner. A man is condemned on the deposition of witnesses;—witnesses, be it observed, of such dulness of perception, and such confidence in their notions, that they persisted in declaring Guesno to be one of the culprits as well as Lesurques. Yet the alibi of Guesno was proved beyond a doubt. How, then, could the jury, with this instance of mistake before their eyes, and which they themselves had condemned as a mistake by acquitting Guesno—how could they place such firm reliance on those self-same testimonies when applied to Lesurques? If they could convict Lesurques upon such evidence, why not also convict Guesno on it? Guesno proved an alibi—so did Lesurques; but because one foolish friend perjured himself to serve Lesurques, the jury hastily set down all his friends as perjurers; they had no evidence of this; it was a mere indignant reaction of feeling, and, as such, a violation of their office. The case ought to have been sifted. It was shuffled over hastily. A verdict, passed in anger, was executed, though at the time a strong doubt existed in the minds of the judges as to its propriety!

Neither the Directory nor the Consulate, neither the Empire nor the Restoration, paid attention to the widow's supplications for a revision of the sentence, that her husband's name might be cleared, and his property restored. In vain did M. Salgues devote ten years to the defence of the injured family; in vain did M. Merilhou, in an important procès, warmly espouse the cause; the different governments believed themselves incapable of answering these solicitations.

Since 1830 the widow again supplicated the Tribune des Chambres. Few sessions have passed without some members, particularly from the dèpartment du Nord, calling attention to the subject. All that has been obtained is a restitution of part of the property seized by the fisc at the period of the execution.

Madame Lesurques has died unsuccessful, because a judicial error cannot be acknowledged or rectified, owing to the insufficiency of the Code. A French journal announces that the son and daughter of Lesurques, still living, pledged themselves on the death-bed of their mother to continue the endeavour which had occupied her forty long years—an endeavour to make the law comprehend that nothing is more tyrannous than the strict fulfilment of its letter—an endeavour to make the world at large more keenly feel the questionable nature of evidence as to personal identity in cases where the witnesses are ignorant, and where the evidence against their testimony is presumptive.

CALEB STUKELY

PART X

THE REVULSION

"The companion of the wise shall be wise." A six months' residence with the religious and self-renouncing minister could not be without its effect on the character and disposition of the disciple, newly released from sin and care, and worldly calamity. The bright example of a good man is much—that of a good and beloved man is more. I was bound to Mr Clayton by every tie that can endear a man to man, and rivet the ready heart of youth in truthful and confiding love. I regarded my preserver with a higher feeling than a fond son may bear towards the mere author and maintainer of his existence. For Mr Clayton, whose smallest praise it was that he had restored to me my life, in addition to a filial love, I had all the reverence that surpassing virtue claims, and lowly piety constrains. Months passed over our head, and I was still without occupation, though still encouraged by my kind friend to look for a speedy termination to my state of dependence. Painful as the thought of separation had become to Mr Clayton, my situation was far from satisfactory to myself. I knew not another individual with whom I could have established myself under similar circumstances. The sense of obligation would have been oppressive, the conviction that I was doing wrong intolerable to sustain; but the simplicity, the truth, the affectionate warmth of my benevolent host, lightened my load day after day, until I became at last insensible to the burthen. At this period of my career, the character of Mr Clayton appeared to me bright and fixed as a spotless star. He seemed the pattern of a man, pure and perfect. The dazzling light of pious fervour consumed within him the little selfishness that nature, to stamp an angel with humanity, had of necessity implanted there. He was swallowed up in holiness—his thoughts were of heaven—his daily conduct tinged and illumined with a heavenly hue. Nothing could surpass the intense devotedness of the child of God, except perhaps the self-devotion, the self-renunciation, and the profound humility which distinguished him in the world, and in his conversation amongst men. "The companion of the wise shall be wise." I observed my benefactor, and listened to his eloquence; I pondered on his habitual piety, until, roused to enthusiasm by the contemplation of the matchless being, I burned to follow in his glorious course, to revolve in the same celestial orbit, the most distant and the meanest of his satellites. The hand of Providence was traceable in every act, which, in due course, and step by step, had brought me to the minister. It could not be without a lofty purpose that I had been plucked a brand, as it were, from the burning; it was not an aimless love that snatched me from death to life—from darkness to mid-day light—from the depths of despondency to the heights of serenity and joy. It was that I might glorify the hand that had been outstretched on my behalf, that I might carry His name abroad, proclaim His wondrous works, sing aloud His praises, and in the face of men, give honour to the everlasting Giver of all good. It was for this and these that I had been selected from mankind, and made the especial object of a Father's grace. I believed it in all the simplicity and ingenuousness of a mind awakened to a sense of religion and human responsibility. I could not do otherwise. From the moment that I was convinced of the obligation under which I had been brought, that I could feel the force of the silent compact which had been effected between the unseen Power and my own soul, it would have been as easy for me to annihilate thought, to prevent its miraculous presence in the mind, as to withstand the urgent prickings of my conscience. I believed in my divine summons, and I was at once ready, vehement, and impatient to obey it. Had I followed the dictates of my will, I would have walked through the land, and preached aloud the wonderful mercies of God, imploring my fellow-creatures to repentance, and directing them to the fount of all their blessings and all their happiness. I would have called upon men to turn from error and dangerous apathy, before their very strongholds. Powerful in the possession of truth, I would have thundered the saving words before their marketplaces and exchanges—at the very fortresses in which the world deems itself chiefly secure, with Mammon at its head, Satan's chief lieutenant. I would have called around me the neglected and the poor, and in the highways and in the fields disclosed to them the tenderness and loving-kindness that I had found, that they might feel, in all their fulness, if they would turn from sin, and place their trust in heaven. It was pain and anguish to be silent. Not for my own sake did I yearn to speak. Oh no! There was nothing less than a love of self in the panting desire that I felt to break the selfish silence. It was the love of souls that pressed me forward, and the confidence that the good news which it was my privilege to impart would find in every bosom a welcome as warm and ready as it would prove to be effectual. To walk abroad in silence, feeling myself to be the depositary of a celestial revelation, and believing that to communicate it to mankind would be to ensure their participation in its benefits, was hardly to be borne. There was not a man whom I encountered in the street, to whom I did not secretly wish to turn, and to pour into his ear the accents of peace and consolation; not one whom I did not regard as a witness against me on that great day of trial, when every man shall be judged according to his opportunities. I spoke to Mr Clayton. He encouraged the feeling by which I was actuated, but he dissuaded me from the manifestation of it in the form which I proposed.

"There was no doubt," he said, "that every place was consecrated where truth was spoken, and the Spirit made itself apparent. No one could deny it. Much fruit, he did believe, might follow the sowing of the seed, whose hand soever scattered it. Still there were other and nearer roads to the point I aimed at. There were the sick and the needy around us—many of his own congregation—with whom I might reciprocate sweet comfort, and at whose bedside I might administer the balm that should serve them in the hardest hour of their extremity. It should be his office to conduct me to their humble habitations: it would be unspeakable joy to him to behold me well and usefully employed."

And it was with eagerness that I accepted the touching invitation. I was not loth or slow to take advantage of it. To serve mankind, to evince my gratitude for mercies great and undeserved, was all I asked. To know that I had gratified my wish, was peace itself. Highly as I had estimated the character of Mr Clayton, I had yet to learn his real value. I had yet to behold him the dispenser of comfort and contentment in the hovels of the wretched and the stricken—to see the leaden eye of disease grow bright at his approach, and the scowl of discontent and envious repining dissolve into equanimity, or mould itself in smiles. I had yet to see him the kind and patient companion of the friendless and the slighted—slighted, because poor; the untired listener to long tales of misery—so miserable, that they who told them could not track their dim beginnings, or fix the time in distant childhood when wretchedness was not. I had yet to find him standing at the beggar's pallet, giving encouragement, inciting hope, and adding to the counsel of a guide the solid evidences of a brother's love. With what a zeal did I attempt to follow in my patron's steps—with what enthusiasm did I begin the course which his sanction had legalized and rendered holy—and how, without a doubt as to my title, or a reflection on the propriety of the step, impelled by religious fervour, did I assume the tone and authority of a teacher, and arrogate to myself the right of determining the designs of the Omnipotent, and of appointing the degree of holy warmth below which no believer could be sure of forgiveness and salvation!

In no transaction of my life have I ever been more sincere—have I acted with a more decided assurance of the justice and necessity of the task, than at this critical moment of my career. If Divine goodness had not been specially vouchsafed to me, it was not that the conviction of my appointment was not as clear and firm as the liveliest impressions of the inmost heart could make it. To labour for the souls of the poor—to teach them their obligations—to point out to them the way of safety—it was this view of my delegated office that raised me to ecstasy, and compelled from me the strangest ebullitions of passion. I pronounced the change in my habits of thought to be "the dawning of the day, and the sudden rising of the day-star in my heart;" and, dwelling with intensity on my future labours, I could exclaim, with trembling emotion,—"Oh the exceeding excellency and glory and sweetness of the work! The smile of heaven is upon it—the emphatic testimony of my own conscience approves and hallows it." I reflect at this moment with wonder upon the almost supernatural ardour and devotion by which I was elevated and abased when I first became thoroughly convinced of my mission, and declared aloud that my only business now upon earth was that of the lowest and readiest of servants, whose joy consists in the pleasure of their Master. The strangeness, the excitement that accompanied the adoption of my new character, had nearly overthrown me. Wild with gladness, before I visited a human being, I took a journey of some twenty miles from the metropolis. I do not remember now the name of the village at which I stopped, from which I hurried, and whose fields I scoured with the design of finding some covert, unfrequented spot, where I might unmolested and unobserved pour forth the prayers and hymns of praise with which my surcharged heart was teeming. Until nightfall I remained there, nor did I leave the place until calmly and deliberately I begged permission to devote myself to the glory and honour of Him, whose favoured child I was. I walked a few miles on my return homeward. I passed a church, that in the stillness of night reared its dark form, and seemed, solemnly and pensively, like a thing of life, to stand before me. The moon rose at its full over the venerable wall, and scattered its bright cool light across the tall and moss-grown windows. Oh! every thing in life that wondrous night stirred up my soul to pious resolutions, and gave a wing to thought that could not find repose but in the silent and eternal sky.

The impetuosity with which I entered upon my scheme of usefulness, forbade preparation of any kind, had I not believed that any previous qualification was not essential to my purpose; or if essential, had been miraculously implanted in me. I was soon called upon to make my first visitation. Never will it be forgotten. It was to the work-house. Mr Clayton had been called thither by an old communicant, of whom he had not heard before for years. "He was ill, and he desired to speak with his still beloved minister."

Such was the message which reached my friend at the moment of his quitting his abode, on an errand of still greater urgency. "Go, Caleb," said Mr Clayton, "visit and comfort the poor sufferer; and may grace accompany your first labour of love." I proceeded to the place, and, arriving there, was ushered into a small close room—to recoil at once from the scene of misery which was there presented. Lying, with his hat and clothes upon the bed, dying, was the man himself; his wife was busy in the room, cleaning it, quietly and indifferently, as though the sleep of healthy life had closed her partner's eye, and nothing worse. On the threshold was a girl, the daughter of them both, twenty years of age or more, an idiot, for she laughed outright when I approached her. I had come to the house with my heart full of precious counsel, and yearning to communicate the message with which I knew myself to be charged. But in a moment I was brought to earth, shocked by the sight which I beheld, wounded in my nature, and I had not a word to say. The hardened woman looked at me for a moment, and calling me to myself by the act, I mentioned the name of Mr Clayton, and was again silent.

"What! can't he come, sir?" asked the beldame. "Well, it don't much matter. It's all over with 'un, I fear. Come, Jessie, can't you speak to the gentleman? What can you make of her, sir?"

The daughter looked at me again, and sickened me with her unmeaning laughter. I remembered the object of my visit, and struggled for composure. Had I become a recreant so quickly? Had I not a word to say for my Master? Nothing to offer the needy creatures, perishing, perhaps, of spiritual want? Alarmed at my own apathy, and eager to throw it off, I turned to the poor girl, and spoke to her. I asked her many questions before I could command attention. She could only look at me wildly, blush, laugh, and make strange motions to her mother. At length I said—

"Tell me, Jesse, tell your friend, who came into the world to save sinners?"

"Him, him, him," she answered hastily, and gabbled as before.

"Ah," said the mother, "the poor cretur does sometimes talk about religion, but it's very seldom, and uncertain like, and I can't help her either."

"Let me read to you," said I.

"Lor' bless you, sir," she answered, "it wouldn't do me no good. I am too old for that. Now, get out of the way there—do, you simpleton," she added, turning to the idiot; "just let me pass—don't you see I am wanting to fetch up water."

She left the room immediately, and her daughter ran after her, screaming a wild and piercing note. I moved to the dying man. He was insensible to anything I could say. Fretted and ashamed of myself, I hurried from the house, and, returning home, rushed to my room, fell upon my knees, and implored my Father to inflict at once the punishment due to lukewarmness and apostasy. How vain had been all my previous desire to distinguish myself—how arrogant my pretensions—how inefficient my weak attempts! I was not worthy of the commission with which I had been invested, and I besought heaven to degrade the wretch who could not speak at the seasonable moment, and to bestow it upon one worthier of its love, and abler to perform his duty. I passed a miserable night of remorse, and bitter self-accusation, and in the morning was distracted by the battling feelings that were marshalled against each other in my soul. Now, a sense of my unworthiness was victorious over every other thought, and I resolved to resign my trust, and think of it no more; then the belief in my election, the animating thought that I was chosen, and must still go forward or stand condemned, hated by myself, rejected by my God;—this gained the mastery next, and I was torn by sore perplexity. I appealed to my benefactor. As usual, balm was on his lips, and I found encouragement and support.

"I was yet young in the faith," he said, "and the abundance of heavenly grace was not yet manifested. It would come in due time; and, in the mean while, I must persevere, and a blessing would unquestionably follow."

Much more he added, to reconcile me to the previous day's defeat, and to animate me to new trials. Never did I so much need incentive and upholding, never before had I esteemed the value of a spiritual counsellor and friend.

In a small cottage, distant about three miles from the residence of Mr Clayton, there lodged, at this time, an old man with his sister, a blind woman about seventy years of age. He had communicated with Mr Clayton's church for many years. He was now poor, and had retired from the metropolis, to the hut, for the advantage of purer air, and in the hope of prolonging the short span within which his earthly life had been brought. To this humble habitation I was directed by Mr Clayton.

"The woman," said the minister, "is without any comfortable hope; but the prospects of the brother are satisfactory and most cheering. Go to the benighted woman. Her's is a melancholy case. Satan has a secure footing in her heart, and defeats every effort and every motive that I have brought to bear against it. May you be more fortunate—may her self-deceived and hardened spirit melt before the force and earnestness of your appeals!"

I ventured for a second time on sacred and interdicted ground, and visited the cottage. The unhappy woman, to whom I had specially come, was smitten indeed. She was blind and paralyzed, and on the extreme verge of eternity. Yet, afflicted as she was, and as near to death as the living may be, she enjoyed the tranquillity and the gentleness of a child, ignorant of sin, and, in virtue of her infancy, confident of her inheritance. I could discover no evidence of a creature alarmed with a sense of guilt, loathing itself, conscious of its worthlessness. Her nature, in truth, seemed to have usurped a sweetness and placidity, the possession of which, as Mr Clayton afterwards observed, was justifiable only in those who could find nothing but vileness and depravity in every thought and purpose of their hearts.

It was a beautiful day in summer, and Margaret was sitting before the cottage porch, feeling the sun's benevolent warmth, and tempering, with the closed lid, the hot rays that were directed to her sightless orbs. She had no power to move, and was happy in the still enjoyment of the lingering and lovely day. She might have been a statue for her quietness—but there were curves and lines in the decrepit frame that art could never borrow. Little there seemed about her to induce a love of life, and yet a countenance more bright with cheerfulness and mild content I never met. The healthy and the young might read a lesson on her blanched and wrinkled cheek. Full of my errand, I did not hesitate at once to engage her mind on heavenly and holy topics. She did not, or she would not, understand me. I spoke to her of the degradation of humanity, our fallen nature, and the impossibility of thinking any thing but sin—and a stone could not be more senseless than the aged listener.

"Was I sure of it?" she asked. "Did my Bible say it? Much she doubted it, for she had sometimes, especially since her blindness, clear and beautiful thoughts of heaven that could not be sinful, they rendered her so happy, and took away from her all fear. It was so shocking, too," she thought, "to think so ill of men—our fellow-creatures, and the creatures of a perfect Father. She loved her brother—he was so simple-minded, and so kind to her, too; how could she call him wicked and depraved!"

"Do you feel no load upon your conscience?" I enquired.

"Bless the good man's heart!" she answered, "why, what cares have I? If I can hear his friendly voice, and know he is not heavy-burthened, I am happy. Brother is all to me. Though now and then I'm not well pleased if the young children keep away who play about me sometimes, as if they did not need a playfellow more gay than poor blind Margaret."