France -- Social life and customs -- 19th century -- Fiction
"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 triffle, 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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