It has been for a long time imagined, and the proverb assures us, that
two witnesses are enough to hang a man, with a safe conscience. Another
ambiguity! The world, then, is to be governed by equivoques. It is said
in St. Matthew that two or three witnesses will suffice to reconcile two
divided friends; and after this text has criminal jurisprudence been
regulated, so far as to decree that by divine law a citizen may be
condemned to die on the uniform deposition of two witnesses who may be
villains? It has been already said that a crowd of according witnesses
cannot prove an improbable thing when denied by the accused. What, then,
must be done in such a case? Put off the judgment for a hundred years,
like the Athenians!
We shall here relate a striking example of what passed under our eyes at
Lyons. A woman suddenly missed her daughter; she ran everywhere in
search of her in vain, and at length suspected a neighbor of having
secreted the girl, and of having caused her violation. Some weeks after
some fishermen found a female drowned, and in a state of putrefaction,
in the Rhône at Condmeux. The woman of whom we have spoken immediately
believed that it was her daughter. She was persuaded by the enemies of
her neighbor that the latter had caused the deceased to be dishonored,
strangled, and thrown into the Rhône. She made this accusation publicly,
and the populace repeated it; persons were found who knew the minutest
circumstances of the crime. The rumor ran through all the town, and all
mouths cried out for vengeance. There is nothing more common than this
in a populace without judgment; but here follows the most prodigious
part of the affair. This neighbor's own son, a child of five years and a
half old, accused his mother of having caused the unhappy girl who was
found in the Rhône to be violated before his eyes, and to be held by
five men, while the sixth committed the crime. He had heard the words
which pronounced her violated; he painted her attitudes; he saw his
mother and these villains strangle this unfortunate girl after the
consummation of the act. He also saw his mother and the assassins throw
her into a well, draw her out of it, wrap her up in a cloth, carry her
about in triumph, dance round the corpse, and, at last, throw her into
the Rhône. The judges were obliged to put all the pretended accomplices
deposed against in chains. The child is again heard, and still
maintains, with the simplicity of his age, all that he had said of them
and of his mother. How could it be imagined that this child had not
spoken the pure truth? The crime was not probable, but it was still less
so that a child of the age of five years and a half should thus
calumniate his mother, and repeat with exactness all the circumstances
of an abominable and unheard-of crime; if he had not been the
eye-witness of it, and been overcome with the force of the truth, such
things would not have been wrung from him.
Public-domain text, read in full here on John Shaqi.
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