Juries were not in those days so blase to this sort of allocution as they are now; Monsieur de Grandville's appeal had the power of things new, and the jurors were evidently shaken. After this passionate outburst they had to listen to the wily and specious prosecutor, who went over the whole case, brought out the darkest points against the prisoners and made the rest inexplicable. His aim was to reach the minds and the reasoning faculties of his hearers just as Monsieur de Grandville had aimed at the heart and the imagination. The latter, however, had seriously entangled the convictions of the jury, and the public prosecutor found his well-laid arguments ineffectual. This was so plain that the counsel for the Messieurs d'Hauteserre and Gothard appealed to the judgment of the jury, asking that the case against their clients be abandoned. The prosecutor demanded a postponement till the next day in order that he might prepare an answer. Bordin, who saw acquittal in the eyes of the jury if they deliberated on the case at once, opposed the delay of even one night by arguments of legal right and justice to his innocent clients; but in vain,--the court allowed it.
"The interests of society are as great as those of the accused," said the president. "The court would be lacking in equity if it denied a like request when made by the defence; it ought therefore to grant that of the prosecution.""All is luck or ill-luck!" said Bordin to his clients when the session was over. "Almost acquitted tonight you may be condemned to-morrow.""In either case," said the elder de Simeuse, "we can only admire your skill."Mademoiselle de Cinq-Cygne's eyes were full of tears. After the doubts and fears of the counsel for the defence, she had not expected this success. Those around her congratulated her and predicted the acquittal of her cousins. But alas! the matter was destined to end in a startling and almost theatrical event, the most unexpected and disastrous circumstance which ever changed the face of a criminal trial.
At five in the morning of the day after Monsieur de Grandville's speech, the senator was found on the high road to Troyes, delivered from captivity during his sleep, unaware of the trial that was going on or of the excitement attaching to his name in Europe, and simply happy in being once more able to breathe the fresh air. The man who was the pivot of the drama was quite as amazed at what was now told to him as the persons who met him on his way to Troyes were astounded at his reappearance. A farmer lent him a carriage and he soon reached the house of the prefect at Troyes. The prefect notified the director of the jury, the commissary of the government, and the public prosecutor, who, after a statement made to them by Malin, arrested Marthe, while she was still in bed at the Durieu's house in the suburbs.
Mademoiselle de Cinq-Cygne, who was only at liberty under bail, was also snatched from one of the few hours of slumber she had been able to obtain at rare intervals in the course of her ceaseless anxiety, and taken to the prefecture to undergo an examination. An order to keep the accused from holding any communication with each other or with their counsel was sent to the prison. At ten o'clock the crowd which assembled around the courtroom were informed that the trial was postponed until one o'clock in the afternoon of the same day.
This change of hour, following on the news of the senator's deliverance, Marthe's arrest, and that of Mademoiselle de Cinq-Cygne, together with the denial of the right to communicate with the prisoners carried terror to the hotel de Chargeboeuf. The whole town and the spectators who had come to Troyes to be present at the trial, the short-hand writers for the daily journals, even the populace were in a ferment which can readily be imagined. The Abbe Goujet came at ten o'clock to see Monsieur and Madame d'Hauteserre and the counsel for the defence, who were breakfasting--as well as they could under the circumstances. The abbe took Bordin and Monsieur Grandville apart, told them what Marthe had confided to him the day before, and gave them the fragment of the letter she had received. The two lawyers exchanged a look, after which Bordin said to the abbe: "Not a word of all this! The case is lost; but at any rate let us show a firm front."Marthe was not strong enough to evade the cross-questioning of the director of the jury and the public prosecutor. Moreover the proof against her was too overwhelming. Lechesneau had sent for the under crust of the last loaf of bread she had carried to the cavern, also for the empty bottles and various other articles. During the senator's long hours of captivity he had formed conjectures in his own mind and had looked for indications which might put him on the track of his enemies. These he now communicated to the authorities. Michu's farmhouse, lately built, had, he supposed, a new oven; the tiles or bricks on which the bread was baked would show their jointed lines on the bottom of the loaves, and thus afford a proof that the bread supplied to him was baked on that particular oven. So with the wine brought in bottles sealed with green wax, which would probably be found identical with other bottles in Michu's cellar. These shrewd observations, which Malin imparted to the justice of peace, who made the first examination (taking Marthe with him), led to the results foreseen by the senator.
Marthe, deceived by the apparent friendliness of Lechesneau and the public prosecutor, who assured her that complete confession could alone save her husband's life, admitted that the cavern where the senator had been hidden was known only to her husband and the Messieurs de Simeuse and d'Hauteserre, and that she herself had taken provisions to the senator on three separate occasions at midnight.
Laurence, questioned about the cavern, was forced to acknowledge that Michu had discovered it and had shown it to her at the time when the four young men evaded the police and were hidden in it.