Frederick Schiller - The Pitaval Casebook

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To present Humanity in its full expression, was Schiller's intent in rewriting and adapting, in the form of a novel or a tale, according to the spirit of Enlightenment, these legal cases, taken from the exhaustive volumes of real life cases compiled by Pitaval.
In eight remarkable legal cases which portray the human being in all his erring and excesses, we see the author reinterpreting, in the spirit of a human friendly observer, past legal judgements which call upon the use of newly discovered sociological field, as well as new legal principles, in order to reconcile Humanity with legality.
The stated aim was then, to educate the citizen into making enlightened judgment about crimes and criminals, to allow him to behave as human and responsible judge of his fellows in society.
The Brinvillier case
The sad destiny of Jacob LeBrun
The Guerre case
A commercial contract with God
The Gange case
The LaPivardière case
The odd couple
A corrupt state employee

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The criminal found, in the meantime, a skillful defender in Mister Nivelle, a man who was equally famous for his intelligence and honesty as for his fundamental, scholarly knowledge and who deployed all the forces of his spirit to save his client. The following are the main defence which he presented for her:

“The Marquess was very wrong,” said he immediately in the preamble of his apology, “to allow such a reprehensible love to take root in her heart, and it is even more reproachable as she has chosen the most despicable of all human beings as the object of her tenderness. But she did not know him. He knew to deceive people and hid the most condemnable heart under the mask of a rigorous honesty.

“He alone was the author of the horrible destiny which the Marquess' family encountered; and this vicious person whom she loved so tenderly, whom she made into a confidant of her sufferings, in whose company she sought trust and relief, deeply wounded by the sudden and sad loss of her most loved and trusted persons; this villain was horrible enough, for while he dried her tears with one hand, he did broke her heart, one more time, with the other.

“He has sworn the downfall of her family, and he kept his oath. Deeply vexed by Lord Aubray's attitude who has taken him away from the arms of Love, to allow him to languish in a terrible prison, he has long nurtured a bitter revenge in his heart. Greed, finally, pushed him to take his resolution, to execute the revenge which he has already for long prepared. He would take hold of a great fortune, while he would, actually, only satisfy his hatred. Two motives which were strong enough to make such a dark soul capable of anything. It is true that the fortune did not fall into his hands; however, the Marquess whom he dominated totally, was a heiress and whatever was in her hands, he could dispose of, unlimitedly. She wanted this terrible event which gave her a fortune, fortune which she had to buy with such a great loss, and not knowing from what terrible hand she would receive this unfortunate present, she accused Nature itself, for having to share all this fortune which she would have rather bought with her own life, if it were only allowed her.

“In the letters which people have found in the infamous small coffer, there was not the least trace of the share which she has had in the gruesome acts committed by Saint Croix. However, is there really something to discover, since Saint Croix has already so carefully arranged everything for her? The highest trust of a tender love seems to have inspired these letters, they bore the mark of the frankest truthfulness, her whole heart is unravelled in there, and hence, people do not even find the littlest thing to suspect about her participation in these terrible murders.

“Such an exercised villain as Saint Croix was, did know well enough that the security of a criminal depends upon his discretion, and that any confidant is always to be considered as an opening through which secrets can be easily divulged. Such a human being trusted only his most indispensable henchmen, and to that end, did not choose persons from whom it is to be feared that they would be frightened by the voice of Nature just by executing the first move, hence missing their blow with a trembling, uncertain hand, or be tortured by remorse after completing their action, and hence could betray themselves.

“Saint Croix made his choice better. He needed more than a help to execute his plan, and this other person was LaChaussée. The outcome has shown that he was right in entrusting himself to him so confidently.

“Should the Marquess' personal details be linked to these considerations; then, people must, far from raising towards her the least suspicion, rather more recognize that it is the most villainous and condemnable calumny to accuse her of this crime. The Marquess is from an excellent family. No shameful act, not even once a reproach has indeed stained the blood which flew in her veins. She inherited honour and honesty from her forefathers and from all the persons who carry the name of Aubray, and the seeds of these virtues which were put in her heart already through birth, has been developed and cared for by the most careful education.

Nature and chance have also not provided their preferences in vain in her. It is true, the Marquess' reputation has not remained totally unstained. But the steps which concluded about a disadvantageous judgement for her, were only the consequences of a passionate love which, born from blindness, would be maintained by her own husband's disorders. Her remaining behaviour, however, and her known mentality are so against the crimes of which she is now accused, that when they happened, no one raised the slightest suspicion against her, and put at her disposition, without any hinder, the fortune which she should have acquired through such gruesome acts.

It is unfortunate that this regrettable victim of calumny sees it necessary for her defence to uncover even weaknesses which she otherwise would have covered with the veil of shame. But to save herself from such a shameful punishment, she is forced to justify herself in her errors. The undeniable faithfulness which the Marquess observed toward the despicable person who was her deceiver and through whom her virtue capsized, can, in fact, find its place only in a soft heart. And should such heart be capable of deciding to murder father and brothers? A heart which deplores sufferings in others, which feels the pains of others as its own? But calumny makes an exception with the Marquess in order to bring her on the scaffold. Would the most tender sentiments be united with horror with her, something which is even unnatural in wild animals.

In truth, it is undeniable that Love, until now, has led people to take steps which are incompatible with the natural state of a heart supposed to be dominated by it. However, if we consider that examples of this kind are extremely rare; then, only two causes of such unnatural appearances can also be given: jealousy and close surveillance. To evict a rival, should not hence the Marquess well have poisoned her father and her brothers? Yet, there has never been an instance where she has, indeed, made a similar assault on a young lady. In none of her letters did we find the least trace of jealousy; neither verbally, nor in writing has she ever complained that her lover shared his heart between her and another one.

Equally little disturbed was her relationship with Saint Croix by a close supervision. Her husband who himself lived in unceasing dissipations and who, because of his coldness toward her, gave her the first occasion to commit her errors; stood in the way of her relationship with Saint Croix as little as any totally indifferent human being. Her father, her brothers did not equally constitute any constraint for her. She was fine enough to curtail them; they died in full conviction that she has broken up already for long with Saint Croix. One cannot think of a unique motive for such a heart, soft and filled with the most tender feelings, to be at once dragged into such abomination.

Presumptions of such importance speak for the Marquess! To refute such enlightening grounds, people can rightfully demand proofs which must be as strong as the truth and reality of a miracle. What are they, however, but proofs which people presented against the Marquess to bring her on the scaffold? The most dangerous among all the testimonies against her is Cluet’s account. But he is alone, and a single witness is not sufficient to decide over a matter. In this regard, is it not improbable that a lady of such standing has made such an insignificant human being into her confidant? None of the other confidants appeared as eyewitness, none told anything about what he has seen; everything that they said, are mere presumptions.

The testimony which people have received from LaChaussée even before his execution, contained two pieces. First, he declares staunchly that Saint Croix has assured him that the Marquess not only had not any responsibility in the poisonings, but rather never knew anything about them. The second part of his acknowledgment, however, consisted of conjectures and suspicions from which this unworthy person sought to prove that this Saint Croix's statement was a lie.

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