“But why is du Croisier proceeding against him if the amount was paid in
beforehand?” asked Vice-President Blondet.
“He does not know that the money was deposited with his wife; or he
pretends that he does not know,” said Camusot.
“It is a piece of provincial spite,” said Michu.
“Still it looks like a forgery to me,” said old Blondet. No passion
could obscure judicial clear-sightedness in him.
“Do you think so?” returned Camusot. “But, at the outset, supposing that
the Count had no business to draw upon du Croisier, there would still be
no forgery of the signature; and the Count believed that he had a right
to draw on Croisier when Chesnel advised him that the money had been
placed to his credit.”
“Well, then, where is the forgery?” asked Blondet. “It is the intent to
defraud which constitutes forgery in a civil action.”
“Oh, it is clear, if you take du Croisier’s version for truth, that
the signature was diverted from its purpose to obtain a sum of money
in spite of du Croisier’s contrary injunction to his bankers,” Camusot
answered.
“Gentlemen,” said Blondet, “this seems to me to be a mere trifle, a
quibble.--Suppose you had the money, I ought perhaps to have waited
until I had your authorization; but I, Comte d’Esgrignon, was pressed
for money, so I---- Come, come, your prosecution is a piece of
revengeful spite. Forgery is defined by the law as an attempt to obtain
any advantage which rightfully belongs to another. There is no forgery
here, according to the letter of the Roman law, nor according to the
spirit of modern jurisprudence (always from the point of a civil action,
for we are not here concerned with the falsification of public or
authentic documents). Between private individuals the essence of a
forgery is the intent to defraud; where is it in this case? In what
times are we living, gentlemen? Here is the President going away to balk
a preliminary examination which ought to be over by this time! Until
to-day I did not know M. le President, but he shall have the benefit of
arrears; from this time forth he shall draft his decisions himself. You
must set about this affair with all possible speed, M. Camusot.”
“Yes,” said Michu. “In my opinion, instead of letting the young man out
on bail, we ought to pull him out of this mess at once. Everything turns
on the examination of du Croisier and his wife. You might summons
them to appear while the court is sitting, M. Camusot; take down their
depositions before four o’clock, send in your report to-night, and we
will give our decision in the morning before the court sits.”
“We will settle what course to pursue while the barristers are
pleading,” said Vice-President Blondet, addressing Camusot.
And with that the three judges put on their robes and went into court.
Public-domain text, read in full here on John Shaqi.
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