FILE NO. 113 (Unabridged). Emile Gaboriau
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it is not in twenty-four hours, especially in a case like this, with no evidence or material proof, that a judge can collect the materials for an examination.
To triumph over the obstinate defence of a prisoner who shuts himself up in absolute denial as if in a fortress, valid proofs are needed. These weapons M. Patrigent was busily preparing. If Prosper had remained a little longer in the gallery, he would have seen the same bailiff who had called him come out to the judge’s office, and cry out:
“Number three.”
The witness, who was awaiting his turn, and answered the call for number three, was M. Fauvel.
The banker was no longer the same man. Yesterday he was kind and affable in his manner: now, as he entered the judge’s room, he seemed irritated. Reflection, which usually brings calmness and a desire to pardon, brought him anger and a thirst for vengeance.
The inevitable questions which commence every examination had scarcely been addressed to him before his impetuous temper gained the mastery, and he burst forth in invectives against Prosper.
M. Patrigent was obliged to impose silence upon him, reminding him of what was due to himself, no matter what wrongs he had suffered at the hands of his clerk.
Although he had very slightly examined Prosper, the judge was now scrupulously attentive and particular in having every question answered. Prosper’s examination had been a mere formality, the stating and proving a fact. Now it related to collecting the attendant circumstances and the most trifling particulars, so as to group them together, and reach a just conclusion.
“Let us proceed in order,” said the judge, “and pray confine yourself to answering my questions. Did you ever suspect your cashier of being dishonest?”
“Certainly not. Yet there were reasons which should have made me hesitate to trust him with my funds.”
“What reasons?”
“M. Bertomy played cards. I have known of his spending whole nights at the gaming table, and losing immense sums of money. He was intimate with an unprincipled set. Once he was mixed up with one of my clients, M. de Clameran, in a scandalous gambling affair which took place at the house of some disreputable woman, and wound up by being tried before the police court.”
For some minutes the banker continued to revile Prosper.
“You must confess, monsieur,” interrupted the judge, “that you were very imprudent, if not culpable, to have intrusted your safe to such a man.”
“Ah, monsieur, Prosper was not always thus. Until the past year he was a model of goodness. He lived in my house as one of my family; he spent all of his evenings with us, and was the bosom friend of my eldest son Lucien. One day, he suddenly left us, and never came to the house again. Yet I had every reason to believe him attached to my niece Madeleine.”
M. Patrigent had a peculiar manner of contracting his brows when he thought he had discovered some new proof. He now did this, and said:
“Might not this admiration for the young lady have been the cause of M. Bertomy’s estrangement?”
“How so?” said the banker with surprise. “I was willing to bestow Madeleine upon him, and, to be frank, was astonished that he did not ask for her hand. My niece would be a good match for any man, and he should have considered himself fortunate to obtain her. She is beautiful, and her dowry will be half a million.”
“Then you can see no motive for your cashier’s conduct?”
“It is impossible for me to account for it. I have, however, always supposed that Prosper was led astray by a young man whom he met at my house about this time, M. Raoul de Lagors.”
“Ah! and who is this young man?”
“A relative of my wife; a very attractive, intelligent young man, somewhat wild, but rich enough to pay for his follies.”
The judge wrote the name Lagors at the bottom of an already long list on his memorandum.
“Now,” he said, “we are coming to the point. You are sure that the theft was not committed by anyone in your house?”
“Quite sure, monsieur.”
“You always kept your key?”
“I generally carried it about on my person; and, whenever I left it at home, I put it in the secretary drawer in my chamber.”
“Where was it the evening of the robbery?”
“In my secretary.”
“But then—”
“Excuse me for interrupting you,” said M. Fauvel, “and to permit me to tell you that, to a safe like mine, the key is of no importance. In the first place, one is obliged to know the word upon which the five movable buttons turn. With the word one can open it without the key; but without the word—”
“And you never told this word to anyone?”
“To no one, monsieur, and sometimes I would have been puzzled to know myself with what word the safe had been closed. Prosper would change it when he chose, and, if he had not informed me of the change, would have to come and open it for me.”
“Had you forgotten it on the day of the theft?”
“No: the word had been changed the day before; and its peculiarity struck me.”
“What was it?”
“Gypsy, g, y, p, s, y,” said the banker, spelling the name.
M. Patrigent wrote down this name.
“One more question, monsieur: were you at home the evening before the robbery?”
“No; I dined and spent the evening with a friend; when I returned home, about one o’clock, my wife had retired, and I went to bed immediately.”
“And you were ignorant of the amount of money in the safe?”
“Absolutely. In conformity with my positive orders, I could only suppose that a small sum had been left there over-night; I stated this fact to the commissary in M. Bertomy’s presence, and he acknowledged it to be the case.”
“Perfectly correct, monsieur: the commissary’s report proves it.” M. Patrigent was for a time silent. To him everything depended upon this one fact, that the banker was unaware of the three hundred and fifty thousand francs being in the safe, and Prosper had disobeyed orders by placing them there over-night; hence the conclusion was very easily drawn.
Seeing that his examination was over, the banker thought that he would relieve his mind of what was weighing upon it.
“I believe myself above suspicion, monsieur,” he began, “and yet I can never rest easy until Bertomy’s guilt has been clearly proved. Calumny prefers attacking a successful man: I may be calumniated: three hundred and fifty thousand francs is a fortune capable of tempting even a rich man. I would be obliged if you would have the condition of my banking-house examined. This examination will prove that I could have no interest in robbing my own safe. The prosperous condition of my affairs—”
“That is sufficient, monsieur.”
M. Patrigent was well informed of the high standing of the banker, and knew almost as much of his affairs as did M. Fauvel himself.
He asked him to sign his testimony, and then escorted him to the door of his office, a rare favor on his part.
When M. Fauvel had left the room, Sigault indulged in a remark.
“This seems to be a very cloudy case,” he said; “if the cashier is shrewd and firm, it will be difficult to convict him.”
“Perhaps it will,” said the judge, “but let us hear the other witnesses before deciding.”
The person who answered to the call for number four was Lucien, M. Fauvel’s eldest son.
He