The cook-girl, Josephine Blin, had prepared the potage au riz in the kitchen, using the small iron pan that it was her wont to employ. Having made the soup, she conveyed it in its terrine to a small secretaire in the dining-room. This secretaire stood within the stretch of an arm from the door of the comptoir in which Mme Boursier usually worked. According to custom, Josephine had divided the potage in two portions—one for Boursier and the other for the youngest child. The youngster and she had eaten the second portion between them, and neither had experienced any ill-effects.
Josephine told her master that the soup was ready. He came at her call, but did not eat the soup at once, being otherwise occupied. The soup stood on the secretaire for about fifteen minutes before Boursier started to eat it.
According to the accused, the accusation went on, after Boursier's death the two doctors asked that they might be allowed to perform an autopsy, since they were at a loss to explain the sudden illness. This Mme Boursier refused, in spite of the insistence of the doctors. She refused, she said, in the interest of her children. She insisted, indeed, on a quick burial, maintaining that, as her husband had been tres replet, the body would rapidly putrefy, owing to the prevailing heat, and that thus harm would be done to the delicate contents of the epicerie.
Led by rumours of the bluish stains—almost certain indications of a violent death—the authorities, said the accusation, ordered an exhumation and autopsy. Arsenic was found in the body. It was clear that Boursier, ignorant, as he was, of his wife's bad conduct, had not killed himself. This was a point that the widow had vainly attempted, during the process of instruction, to maintain. She declared that one Clap, a friend of her late husband, had come to her one day to say that a certain Charles, a manservant, had remarked to him, ``Boursier poisoned himself because he was tired of living.'' Called before the Juge d'instruction, Henri Clap and Charles had concurred in denying this.
The accusation maintained that the whole attitude of Mme Boursier proved her a poisoner. As soon as her husband became sick she had taken the dish containing the remains of the rice soup, emptied it into a dirty vessel, and passed water through the dish. Then she had ordered Blin to clean it, which the latter did, scrubbing it out with sand and ashes.
Questioned about arsenic in the house, Mme Boursier said, to begin with, that Boursier had never spoken to her about arsenic, but later admitted that her husband had mentioned both arsenic and mort aux rats to her.
Asked regarding the people who frequented the house she had mentioned all the friends of Boursier, but neglected to speak of Kostolo. Later she had said she never had been intimate with the Greek. But Kostolo, `` barefaced enough for anything,'' had openly declared the nature of his relations with her. Then Mme Boursier, after maintaining that she had been no more than interested in Kostolo, finding pleasure in his company, had been constrained to confess that she had misconducted herself with the Greek in the dead man's room. She had given Kostolo the run of her purse, the accusation declared, though she denied the fact, insisting that what she had given him had been against his note. There was only one conclusion, however. Mme Boursier, knowing the poverty of her paramour, had paid him as her cicisbeo, squandering upon him her children's patrimony.
The accusation then dealt with the supposed project of marriage, and declared that in it there was sufficient motive for the crime. Kostolo was Mme Boursier's accomplice beyond any doubt. He had acted as nurse to the invalid, administering drinks and medicines to him. He had had full opportunity for poisoning the grocer. Penniless, out of work, it would be a good thing for him if Boursier was eliminated. He had been blatant in his visits to Mme Boursier after the death of the husband.
Then followed the first questioning of the accused.
Mme Boursier said she had kept tryst with Kostolo in the Champs-Elysees. She admitted having been to his lodgings once. On the mention of the name of Mlle Riene, a mistress of Kostolo's, she said that the woman was partly in their confidence. She had gone with Mlle Riene twice to Kostolo's rooms. Once, she admitted, she had paid a visit to Versailles with Kostolo unknown to her husband.
Asked if her husband had had any enemies, Mme Boursier said she knew of none.
The questioning of Kostolo drew from him the admission that he had had a number of mistresses all at one time. He made no bones about his relations with them, nor about his relations with Mme Boursier. He was quite blatant about it, and seemed to enjoy the show he was putting up. Having airily answered a question in a way that left him without any reputation, he would sweep the court with his eyes, preening himself like a peacock.
He was asked about a journey Boursier had proposed making. At what time had Boursier intended making the trip?
``Before his death,'' Kostolo replied.
The answer was unintentionally funny, but the Greek took credit for the amusement it created in court. He conceived himself a humorist, and the fact coloured all his subsequent answers.
Kostolo said that he had called to see Boursier on the first day of his illness at three in the afternoon. He himself had insisted on helping to nurse the invalid. Mme Boursier had brought water, and he had given it to the sick man.
After Boursier's death he had remarked on the blueness of the fingernails. It was a condition he had seen before in his own country, on the body of a prince who had died of poison, and the symptoms of whose illness had been very like those in Boursier's. He had then suspected that Boursier had died of poisoning.
The loud murmurs that arose in court upon his blunt confession of having misconducted himself with Mme Boursier fifteen days after her husband's death seemed to evoke nothing but surprise in Kostolo. He was then asked if he had proposed marriage to Mme Boursier after Boursier's death.
``What!'' he exclaimed, with a grin. ``Ask a woman with five children to marry me—a woman I don't love?''
Upon this answer Kostolo was taken to task by the President of the court. M. Hardouin pointed out that Kostolo lived with a woman who kept and fed him, giving him money, but that at the same time he was taking money from Mme Boursier as her lover, protesting the while that he loved her. What could the Greek say in justification of such conduct?
``Excuse me, please, everybody,'' Kostolo replied, unabashed. ``I don't know quite how to express myself, but surely what I have done is quite the common thing? I had no means of living but from what Mme Boursier gave me.''
The murmurs evoked by the reply Kostolo treated with lofty disdain. He seemed to find his audience somewhat prudish.
To further questioning he answered that he had never proposed marriage to the Veuve Boursier. Possibly something might have been said in fun. He knew, of course, that the late Boursier had made a lot of money.
The cook, Josephine Blin, was called. At one time she had been suspect. Her version of the potage incidents, though generally in agreement with that of the accused widow, differed from it in two essential points. When she took Boursier's soup into the dining-room, she said, Mme Boursier was in the comptoir, three or four paces away from the desk on which she put the terrine. This Mme Boursier denied. She said she had been in the same comptoir as her husband. Josephine declared that Mme Boursier had ordered her to clean the soup-dish out with sand, but her mistress maintained she had bade the girl do no more than clean it. For the rest, Josephine thought about fifteen minutes elapsed before Boursier came to take the soup. During that time she had seen Mme Boursier writing and making up accounts.
Toupie, the medical student, said he had nursed Boursier during the previous year. Boursier was then suffering much in the same way as he had appeared to suffer during his fatal illness. He had heard Mme Boursier consulting with friends about an autopsy, and her refusal had been on their advice.
The doctors called were far from agreeing on the value of the experiments they had made. Orfila, afterwards to intervene in the much more universally notorious case of Mme Lafarge, stuck to his opinion of death by arsenic. If his evidence in the Lafarge case is read it will be seen
that in the twenty years that had passed from the Boursier trial his notions regarding the proper routine of analysis for arsenic in a supposedly poisoned body had undergone quite a change. But by then the Marsh technique had been evolved. Here, however, he based his opinion on experiments properly described as ``very equivocal;'' and stuck to it. He was supported by a colleague named Lesieur.
M. Gardy said he had observed that the greater part of the grains about the ileum, noted on the 1st of August, had disappeared next day. The analysis had been made with quantities too small. He now doubted greatly if the substance taken to be arsenic oxide would account for death.
M. Barruel declared that from the glareous matter removed from the body only a grain of the supposed arsenic had been extracted, and that with difficulty. He had put the substance on glowing charcoal, but, in his opinion, the experiment was VERY EQUIVOCAL. It was at first believed that there was a big amount of arsenic, but he felt impelled to say that the substance noted was nothing other than small clusters of fat. The witness now refused to conclude, as he had concluded on the 1st of August, that enough poison had been in the body to cause death.
It would almost seem that the medical evidence should have been enough to destroy the case for the prosecution, but other witnesses were called.
Bailli, at one time a clerk to Boursier, said he had helped his patron to distribute arsenic and rat-poison in the shop cellars. He was well aware that the whole of the poison had not been used, but in the course of his interrogation he had failed to remember where the residue of the poisons had been put. He now recollected. The unused portion of the arsenic had been put in a niche of a bottle-rack.
In view of evidence given by a subsequent witness Bailli's rather sudden recovery of memory might have been thought odd if a friend of his had not been able to corroborate his statement. The friend was one Rousselot, another grocer. He testified that he and Bailli had searched together. Bailli had then cudgelled that dull ass, his brain, to some effect, for they had ultimately come upon the residue of the arsenic bought by Boursier lying with the remainder of the mort aux rats. Both the poisons had been placed at the bottom of a bottle-rack, and a plank had been nailed over them.
Rousselot, asked why he had not mentioned this fact before, answered stupidly, ``I thought you knew it!''
The subsequent witness above referred to was an employee in the Ministere du Roi, a man named Donzelle. In a stammering and rather confused fashion he attempted to explain that the vacillations of the witness Bailli had aroused his suspicions. He said that Bailli, who at first had been vociferous in his condemnation of the Widow Boursier, had later been rather more vociferous in her defence. The witness (Donzelle) had it from a third party that Mme Boursier's sister-in-law had corrupted other witnesses with gifts of money. Bailli, for example, could have been seen carrying bags of ecus under his arm, coming out of the house of the advocate briefed to defend Mme Boursier.
Bailli, recalled, offered to prove that if he had been to Maitre Couture's house he had come out of it in the same fashion as he had gone in—that was, with a bag of bay salt under each arm.
Maitre Couture, highly indignant, rose to protest against the insinuation of the witness Donzelle, but the President of the court and the Avocat-General hastened to say that the eminent and honourable advocate was at no need to justify himself. The President sternly reprimanded Donzelle and sent him back to his seat.
% III
The Avocat-General, M. de Broe, stated the case for the prosecution. He made, as probably was his duty, as much as he could of the arsenic said to have been found in the body (that precipitated as yellow sulphur of arsenic), and of the adultery of Mme Boursier with Kostolo. He dwelt on the cleaning of the soup-dish, and pointed out that while the soup stood on the desk Mme Boursier had been here and there near it, never out of arm's reach. In regard to Kostolo, the Greek was a low scallywag, but not culpable.
The prosecution, you observe, rested on the poison's being administered in the soup.
In his speech for the defence the eloquent Maitre Couture began by condemning the gossip and the popular rumour on which the case had been begun. He denounced the action of the magistrates in instituting proceedings as deplorably unconsidered and hasty.
Mme Boursier, he pointed out, had everything to lose through the loss of her husband. Why should she murder a fine merchant like Boursier for a doubtful quantity like Kostolo? He spoke of the happy relationship that had existed between husband and wife, and, in proof of their kindness for each other, told of a comedy interlude which had taken place on the Sunday morning.
Boursier, he said, had to get up before his wife that morning, rising at six o'clock. His rising did not wake his wife, and, perhaps humorously resenting her lazy torpor, he found a piece of charcoal and decorated her countenance with a black moustache. It was true that Mme Boursier showed some petulance over her husband's prank when she got down at eight o'clock, but her ill-humour did not last long. Her husband caressed and petted her, and before long the wife joined her merry-minded husband in laughing over the joke against her. That, said Maitre Couture, that mutual laughter and kindness, seemed a strange preliminary to the supposed poisoning episode of two hours or so later.
The truth of the matter was that Boursier carried the germ of death in his own body. What enemy had he made? What vengeance had he incurred? Maitre Couture reminded the jury of Boursier's poor physical condition, of his stoutness, of the shortness of his neck. He brought forward Toupie's evidence of Boursier's illness of the previous year, alike in symptoms and in the sufferings of the invalid to that which proved fatal on Tuesday the 30th of June. Then Maitre Couture proceeded to tear the medical evidence to pieces, and returned to the point that Mme Boursier had been sleeping so profoundly, so serenely, on the morning of her supposed contemplated murder that the prank played on her by her intended victim had not disturbed her.
The President's address then followed. The jury retired, and returned with a verdict of ``Not guilty.''
On this M. Hardouin discharged the accused, improving the occasion with a homily which, considering the ordeal that Mme Boursier had had to endure through so many months, and that might have been considered punishment enough, may be quoted merely as a fine specimen of salting the wound:
``Veuve Boursier,'' said he, ``you are about to recover that liberty which suspicions of the gravest nature have caused you to lose. The jury declares you not guilty of the crime imputed to you. It is to be hoped that you will find a like absolution in the court of your own conscience. But do not ever forget that the cause of your unhappiness and of the dishonour which, it may be, covers your name was the disorder of your ways and the violation of the most sacred obligations. It is to be hoped that your conduct to come may efface the shame of your conduct in the past, and that repentance may restore the honour you have lost.''
% IV
Now we come, as the gentleman with the crimson handkerchief coyly showing between dress waistcoat and shirt might have said, waving his pointer as the canvas of the diorama rumbled on its rollers, to Riguepeu!
Some twenty years have elapsed since the Veuve Boursier stumbled from the stand of the accused in the Assize Court of the Seine, acquitted of the poisoning of her grocer husband, but convicted of a moral flaw which may (or may not) have rather diminished thereafter the turnover of the epicerie in the Rue de la Paix. One hopes that her punishment finished with her acquittal, and that the mood of the mob, as apt as a flying straw to veer for a zephyr as for a whirlwind, swung to her favour from mere revulsion on her escape from the scaffold. The one thing is as likely as the other. Didn't the heavy man of the fit-up show, eighteen months after his conviction for rape (the lapse of time being occupied in paying the penalty), return as an actor to the scene of his delinquency to find himself, not, as he expected, pelted with dead cats and decaying vegetables, but cheered to the echo? So may it have been with the Veuve Boursier.
Though in 1844, the year in which the poison trial at
Auch was opened, four years had passed since the conviction of Mme Lafarge at Tulle, controversy on the latter case still was rife throughout France. The two cases were linked, not only in the minds of the lay public, but through close analogy in the idea of lawyers and experts in medical jurisprudence. From her prison cell Marie Lafarge watched the progress of the trial in Gascony. And when its result was published one may be sure she shed a tear or two.
But to Riguepeu . . .
You will not find it on anything but the biggest-scale maps. It is an inconsiderable town a few miles from Vic-Fezensac, a town not much bigger than itself and some twenty kilometres from Auch, which is the capital of the department of Gers. You may take it that Riguepeu lies in the heart of the Armagnac district.
Some little distance from Riguepeu itself, on the top of a rise, stood the Chateau Philibert, a one-floored house with red tiles and green shutters. Not much of a chateau, it was also called locally La Maison de Madame. It belonged in 1843 to Henri Lacoste, together with considerable land about it. It was reckoned that Lacoste, with the land and other belongings, was worth anything between 600,000 and 700,000 francs.
Henri had become rich late in life. The house and the domain had been left him by his brother Philibert, and another brother's death had also been of some benefit to him. Becoming rich, Henri Lacoste thought it his duty to marry, and in 1839, though already sixty-six years of age, picked on a girl young enough to have been his granddaughter.
Euphemie Verges was, in fact, his grand-niece. She lived with her parents at Mazeyrolles, a small village in the foothills of the Pyrenees. Compared with Lacoste, the Verges were said to be poor. Lacoste took it on himself to look after the girl's education, having her sent at his charges to.a convent at Tarbes. In 1841, on the 2nd of May, the marriage took place.
She Stands Accused Page 18
