22 [June 29, 1867,] ALL THE YEAR ROUND. [Conducted by
given him a serenade. He mentioned their names.
Bertrande corroborated every circumstance. There was only one important point upon which Martin had been silent—the story that they were bewitched. On being pressed, Martin related every circumstance connected with that rumour, almost in the very words in which Bertrande had already stated them on paper.
No less than one hundred and fifty witnesses were examined as to whether they recognised the accused as Martin Guerre, or Arnold Tilh.
Sixty of these witnesses declared that the resemblance between the two men was so extraordinary, that they could not make a solemn declaration either way. Thirty or forty declared that they unhesitatingly believed the accused to be Martin Guerre, whom they had known from his boyhood. They recognised him by certain marks upon his person, as well as by his face and figure. Fifty witnesses declared that the accused was Arnold Tilh, of Sagias, whom they had known from a child!
Martin's son, young Sanxi, was confronted with the accused; there was no resemblance between them. On the other hand, the four sisters Guerre were as like him as one egg is to another.
The judges of Rieux pronounced that the accused was convicted of imposture; and sentenced him to be executed and quartered. The accused appealed to a higher tribunal, and the High Court of Justice of Toulouse ordered a new trial.
Investigations were now set on foot respecting Bertraude's character, with a view to induce her to make a full declaration of everything within her knowledge. They were all in her favour. Every witness bore testimony to her high moral character and virtuous conduct. It seemed impossible that so innocent a woman could have lived for three years with a man as his wife, unless she was firmly convinced that he was her husband. For eight years, in the full bloom of youth and beauty, she had patiently waited, had declined every inducement to sever the already half-broken band of matrimony and contract a second marriage, had remained faithful to her absent husband. On being confronted with the accused, she became confused. In a cheerful voice he asked her to tell the whole truth; she must swear whether he was or was not her real husband; if she denied him, life had no longer any charm for him.
Bertrande could only reply that she could not swear it.
The view taken by the new judge of this reply was favourable to the accused. Bertrande had been so importuned and frightened that she had reluctantly given her adhesion to the accusation of her uncle; she had committed an error from fear and weakness; and now, fear of punishment prevented her from retracting. Moreover, the open countenance of the accused, and his calm and collected replies when confronted with Bertrande and the uncle—who trembled and were greatly discomposed—had a powerful effect upon the jury, who fancied they saw evidences of falsehood in the demeanour of Peter Guerre.
Thirty witnesses were again examined. Some swore to the identity of Martin Guerre, others to the identity of Arnold Tilh.
According to the depositions of all who had known this Arnold Tilh, he was a wild young fellow, a gambler, blasphemer, thief, and clever swindler. Witnesses beyond suspicion, owned that the resemblance between him and Martin Guerre was extraordinary, and that a casual observer could not distinguish one from the other. Martin Guerre was, however, somewhat taller and darker, and had a stooping gait. Arnold Tilh was of stronger build, and held his head upright. The latter description was in keeping with the personal appearance of the accused at the bar. But he also had, as advanced by Martin's witnesses, the mark of a swelling on his face, and a scar over the right eyebrow. The evidence as to these marks was, however, contradictory. Some said the left eyebrow, others declared that the mark on Martin's face was larger, some that it was less. No two witnesses could agree. Among the accusations brought against the prisoner was one of witchcraft; and the High Court of Toulouse, and its Councillor Coras who belonged to the Reformed Church, laid stress upon it. By the black art the accused had acquired the knowledge of every circumstance connected with Martin Guerre's history.
Bertrande was not for a moment suspected of complicity with the imposition, or of having been bewitched by him. Her conduct throughout proved that she was an amiable timid woman, incapable of forming any strong resolution to do harm to any one. It was considered that it required an immense effort on the part of a virtuous woman to declare publicly that she had mistaken her husband's identity; such a declaration would imply the illegitimacy of her children. This was taken as an explanation of her half retraction and anxiety. Among the witnesses who solemnly declared the accused to be Arnold Tilh, some had had dealings with him, or had acted as witnesses to transactions with him. They showed documents bearing his signature, but these were no proofs against a man who disowned them. On the other hand, an innkeeper of a town in the vicinity deposed that, under the seal of confidence, the prisoner had confessed to him that he was Arnold Tilh, but that Martin Guerre had made him his heir. Two other witnesses stated that when they wished to speak to him he had made them a sign to be silent, and that one of them had received a present from him. It was further stated that Martin Guerre was a good swordsman and wrestler, and that the accused was not. Martin Guerre was originally from Biscaya. The accused was ignorant of the Basque dialect, except a few words which he occasionally introduced into his conversation. The shoemaker formerly employed by Martin Guerre swore that the number of his last was
