'D. Votre profession? R. Je n'ai pas de profession. 'D. Quel est votre domicile? R. Au Glandier.

The jury was then sworn, and the prisoner warned by the judge to be attentive. The 'acte d'accusation,' answering to the English indictment, was then read.

For the purposes of justice, all that this acte d'accusation need contain, is a clear specific description of the charge against the prisoner-so that the prisoner may know distinctly from what he has to clear himself-and the court and jury may know what they have to try. By the law of England, moreover, in cases of felony, (') only one offence can be charged in the same indictment- that is, two charges cannot be tried at one and the same time; and in a grave, nay often capital charge, it is a wise and merciful precaution. The mind of the prisoner ought not to be distracted by a multiplicity of charges nor the minds of the jury unfairly biassed by the mention of many supposed offences. Recollecting, then, the purpose for which the acte d'accusation is employed, an examination of the acte itself will prove not wholly uninstructive. Unfortunately it is impossible, from its length, to insert the whole of this extraordinary document. It is not impossible to describe it.

The acte is in the name of the Procureur-Général, and is therefore to be considered, not the exposition of an accusing advocate-but an official document, first declares that it is the declaration of the Procureur-Général, and thus proceeds :

Charles Pouch Lafarge habitait le Glandier, département de la Corrèze-il y exploitait des forges, et possédait une fortune immobilière considérable; sa famille était honnête; son père, mort depuis plusieurs années, avait rempli longtemps les fonctions de juge de paix du canton du Vigeois. Doué de qualités attachantes, susceptible de sentimens tendres et généreux, il était aimé de tous ceux qui l'entouraient.' (9)

() There are some cases in which, by statute, it is permitted to charge more than two felonies-viz. in embezzlement, three instances may be laid, if committed within six months—and also in an indictment for coining, a double charge is allowed.

() The procureur-général published two editions of this precious piece of rhetoric. The second thus varies the sentiments: Marié une première fois, il avait eu la douleur de perdre sa femme. Bon, généreux, chéri de ceux qui l'environnaient, suscepti

In the same strain of sentimentality, this extraordinary judicial document proceeds to detail every fact which the accuser thinks of importance. All these statements, garnished with the most outrageous vituperation, are set forth without the safeguard of an oath, without the check of cross-examination. Every insinuation that the most artful rhetoric can. supply, is without hesitation adopted-motives and intentions, are without any compunction boldly imputed-characters are described and throughout, the guilt of the prisoner is assumed as a thing not capable of being disputed. In short, this grave judicial document is a written pleading against the prisoner. Having immediately to remark upon the manner and bearing of the Avocat-Général upon this occasion, we shall confine ourselves to one observation upon this document, viewed in the character of a written pleading. No Barrister conducting a prosecution for murder in England, would dare to make such a statement viva voce-and write it he could not. The moment that he does more than give a naked simple statement of the facts, calmly weighing their value as evidence, that moment he is considered to transgress the line of his duty, and the Judge would infallibly interrupt him. But in this proceeding, we find a document on which the whole after prosecution rests-assuming the character of furious advocacy, asserting, without compunction, relevant and irrelevant facts, and taking the most unfair advantages of the unfortunate prisoner- prejudging her case without a shadow of proof-distorting, by pretending to relate, her previous history and thus making the question of her guilt or innocence to turn, not upon the evidence adduced respecting the deed, for the supposed perpetration of which she was now to be tried, but upon the notion which the jury might form as to her former life and character. Doing this, in the grave character of a public officer, what no private English Advocate with a spark of right feeling would deign to attempt, and what, if any

ble lui-même de sentiments exaltés, il sentait le besoin de s'environner de nouvelles et de plus douces affections. I désirait aussi trouver dans la dot d'une seconde épouse, les moyens de donner à son industrie plus de développement et d'activité.' Love and money are here closely conjoined. The exalted affections, and the desire of a marriage-portion, are placed in no very seemly juxtaposition.

VOL. III.

61

Counsel could be found degraded enough to essay, no English Judge would permit him to accomplish.

The indictment in this country is, by the present practice, stripped of much that formerly rendered it ridiculous. It still, however, retains some things not needed for the purposes of justice, and is construed with such technical strictness, that due punishment is at times evaded, and justice mocked at. This strictness is nevertheless, upon the whole, advantageous. Particular and striking, but rare, instances may indeed be cited of impunity obtained, through its influence, for the evil-doer. The precision, however, which is thereby rendered necessary, is a great safeguard for the innocent accused; nothing extraneous is set forth-nothing is imported into the cause which can excite or mislead the jury, or confuse or terrify the accused. The very technicality of the form and language of the indictment robs it of all appearance of passion, and prevents the possibility of employing any unfair rhetorical artifice. Thus making it present a striking contrast, indeed, to that extravagant pleading which we are now considering.

After stating the desire that M. Lafarge felt for a new and tender affection, and the mercantile spirit which guided him in his search of an object of future love, the acte sets forth the mode which he adopted to gain the desired object; and the system which it discloses is among the most extraordinary and painful incidents of this sad drama.

M. Lafarge applied at Paris to a marriage-broker (agent matrimoniale) in the month of August 1839; and from this man came the proposal that he should marry Marie Cappelle. This unfortunate young woman was an orphan; her father had been an officer in the imperial guard, and had died, leaving his children to the care of his wife, who married again. She some time after died also, and her children by M. Cappelle were left in charge of her relations. Among them was an aunt, who had married a person of the name of De Martens; and this M. de Martens, though moving in a sphere of life that might be almost called distinguished, was evidently the person who, through the assistance of the marriage

broker, managed the marriage of his niece with a man of whom he knew nothing, and whose face he had never seen three days before he determined to entrust to him for life the orphan child then under his charge. It is remarkable that this circumstance is passed by with indifference by all persons at the trial, and does not, as far as we learn, appear to have excited remark or astonishment in the minds of the Journalists of France. Are we, then, to assume that this agent matrimonial is commonly employed in France by persons of respectability and honour?-that marriage, still a matter of convenance, is managed after a new fashion, in consequence of the changed habits of her people-the mercantile spirit of the time having invaded and subdued the province even of love and affection? The unfortunate Madame Lafarge herself gives a detailed account of the proceedings connected with her marriage, but makes no mention of the agent. As her 'Memoirs' have been written since her trial, she could not fail to know the mode in which her marriage was really contracted. Her silence, then, is not among the least significant of the circumstances connected with this strange and disgraceful transaction. She avows that she married not from affection, but necessitya necessity which her forlorn situation imposed; and there is no reason to doubt the truth of her assertion. The acte d'accusation thus briefly tells the story of the marriage:-'This 'idea of a second marriage led him (M. Lafarge) to Paris in 'the month of August 1839. There were some difficulties in 'the way; but he was soon introduced to a M. Foy, (a ma'trimonial agent,) and this man proposed to him to marry 'Marie Cappelle. Some enquiries were made on the part of 'the accused, by her friends, respecting the situation of La'farge, and a few days had hardly elapsed before the marriage 'was celebrated. The following night the new-married pair 'left Paris for Glandier, where they arrived on the 15th of 'August 1839.' The acte then enters into a minute history of the life of Lafarge and his wife up to the time of his death; the object of which is to show, that there were feelings in her mind which would induce her to commit the horrible crime with which she was charged. The manner of stating these

facts is studiously adapted to the end ef exciting prejudice and passion against the accused.

After preparing the minds of the jury by this description, the acte goes on to explain the plan which the accused was supposed to have formed and adopted. The object she proposed to herself is broadly stated to be, to get rid of her husband. The reasons for her desiring to do so were, that she disliked his person; that she deemed herself imposed upon by his false descriptions of his property, of his house, and of the position in which he could place his wife; and lastly, by a desire to possess herself of his property.

In order to obtain possession of his property, and get rid of him, it is said that she determined to persuade her husband to make his will. In order to obtain this end, she is charged with pretending to make her own in favour of her husband; and that therefore the husband, cajoled by her apparent fondness, did in reality make, and deliver her a will, by which he left her all his property, should she survive him. 'Dès ce moment, Marie Cappelle arrêta sa pensée de recouvrir 'son independence par la mort de son mari, dont elle recueil'lerait la succession.'»

In the same manner the whole history of the supposed murder is set forth; and after the reading of the acte was finished by the officers of the court, M. Decoux, avocat-général, stated the case to the jury.

M. Decoux is doubtless a distinguished member of the French bar, and we may fairly assume that he has done nothing which the manners and the morality of that body condemn. Our remarks, therefore, are not to be considered as directed against the individual advocate, but against the system of which, for the moment, he is the illustration. As directed against the system, indeed, which sanctions such doings as were then witnessed, our language cannot be too strong, if it is accurately to describe our feelings upon this occasion. The fact that a prosecutor in a criminal proceeding is a public officer, and as such can have no interest in obtaining the conviction of the prisoner, never for one instant seemed present to the mind of the Avocat-Général. He brought the ha