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Trial before the Presidency — A digression — My defence — Angry discussion with the President — Query — My reply — Sentence.
The month of August had come round by the time that the process was read; to be brought before the Presidency in the Hall of Justice.
In this court the prisoner is not allowed to have an advocate to plead for him, but has to appear alone. The door is locked and guarded by Archers. The President sits in the centre, the Judges or Counsellors on each side, the Register remains in the lower part of the Hall, and the prisoner is usually seated near him on a three legged wooden stool, as a mark of disgrace. There is a saying in France, “he has sat upon the stool,” which is tantamount to the English phrase, “I have seen him hold up his hand at the bar.”
The testimony recorded in the confrontation is read to the accused, and he is asked if it be correct, and if the signature attached to it be his. The Judges then examine him more fully, and if it be a case admitting of appeal to Parliament, the answers are recorded. The examination finished, the accused is taken back to prison, and the sentence of the court, in writing is sent to him by a sheriff’s officer.
In preparing myself, I thought much more of my poor neighbours than of myself; because I was really innocent of the charge in the indictment, they were not; and without the assistance of an advocate I was somewhat apprehensive about them, and I determined, if I had an opportunity, to say something that might be useful, either in softening the hearts of the Judges, or alarming their consciences. as might appear most expedient when the time came. I prayed most fervently to God for his assistance.
I will make a digression here, which you will presently perceive is not altogether irrelevant to the subject. My apartment under the Town Clock looked into the court yard of one of my Judges. He was a very passionate man and addicted to gambling though said to be an able jurist. Two or three days before my trial I was awakened out of my sound sleep at midnight, by this man swearing and making the most horrible noises; he had just returned home after losing a round sum of money in play, and mad with vexation, he was venting his rage upon his innocent wife and children. I thought I heard blows, but of that I was not sure.
To return to my trial. When I entered the Hall of justice, the Register civilly offered me the three legged stool: I declined it, saying, I was no criminal to deserve the disgrace. He then attempted to force me upon it, which the Court observing, ordered him to desist, and one of the Judges smiling said, “Mr. Fontaine is a young man, and he might miss a good match by it.”
I made a profound bow.
I was asked whether I had not prayed to God in the wood on Easter Sunday.
I said “No, and I can produce any number of witnesses to prove an alibi, if you will allow me; I spent that day at Coses.”
Little was said about my crime in prison, because I acknowledged unhesitatingly that I had prayed there, but not with my full voice.
After some other questions, they asked me if I did not know that his Majesty had issued a Declaration forbidding illegal assemblies. I thought that God had now opened the door for me to urge something on behalf of my fellow prisoners, and I said; —
“Gentleman; I am aware of it. and I have read the Declaration most carefully over and over again, and I can find nothing in it which forbids people assembling to pray to God. I look upon it as the height of injustice to his Majesty, to pretend that he calls such assemblies unlawful, and you who are the interpreters of his Declaration ought to have more respect for him, and for your own reputation as Christians, than to give it so bad an interpretation as to call those assemblies illegal, to which no arms are carried but the Old and New Testament, and where no words arc spoken but such as find an echo in the sacred volume, and where prayers are offered for the prosperity of the King and his kingdom and for the conversion of those who persecute the Church of Christ.”
An interruption occured here; my advocate, Mr. Maureau, had been listening at the door, and thinking I was too bold, he put his mouth to a crevice, and cried “Hist, Hist, Hist,” and ran away. The door was opened, but the offender was not to be found, so they contented themselves with guarding it more carefully. This incident roused the attention of my Judges, and hoping to draw me into some unguarded expression which might be made a handle of, they encouraged me to proceed, which I did as follows : —