now proceeds to justify his appeal. In the first place, the testimony of a single witness is not sufficient under any circumstances; and the witness in question merely testified to seeing him on the highway, and not at the place of meeting, and confessed afterwards that he only thought he had seen him. A witness, to be depended upon, should speak with certainty, and not by credit vel non credit any more than by hearsay. And, furthermore, it can be proved that, the said Fontaine was at Coses, distant three leagues, on the day and at the hour named by the witness.
"As to the second accusation, could it, among Christians, be considered a crime to pray to God, and that, too, in the actual words dictated by our Blessed Lord to his disciples? Surely the very situation of a prisoner would be likely to make him, if a Christian, pray more fervently and frequently than ever. He could appropriate the language of the Royal Prophet and say. 'Out of the depths have I cried to thee, Lord,' and God, who is the judge of the quick and dead, will not condemn him for it. whatever man may do. In order to convict, there should be proof of words having been used that could admit of evil construction; so far from it, all that has appeared in evidence is, that he was seen on his knees in a remote corner of the prison, and one witness heard him say, 'Our Father, who art in heaven.'
"The said Fontaine concludes with the prayer, that this, his appeal for justice, may be favorably considered; the former decision reversed, and he be released from confinement and from all fines, costs, and damages.
"Monsieur de Labourin, Reporter.
"Presented 6th August, 1684."
