Page 455 - les-miserables
P. 455

not been circumstantially proved. His client, whom he, in
         his  character  of  counsel,  persisted  in  calling  Champma-
         thieu, had not been seen scaling that wall nor breaking that
         branch by any one. He had been taken with that branch
         (which the lawyer preferred to call a bough) in his posses-
         sion; but he said that he had found it broken off and lying on
         the ground, and had picked it up. Where was there any proof
         to the contrary? No doubt that branch had been broken off
         and  concealed  after  the  scaling  of  the  wall,  then  thrown
         away  by  the  alarmed  marauder;  there  was  no  doubt  that
         there had been a thief in the case. But what proof was there
         that that thief had been Champmathieu? One thing only.
         His character as an ex-convict. The lawyer did not deny that
         that character appeared to be, unhappily, well attested; the
         accused had resided at Faverolles; the accused had exercised
         the calling of a tree-pruner there; the name of Champma-
         thieu might well have had its origin in Jean Mathieu; all
         that was true,— in short, four witnesses recognize Champ-
         mathieu, positively and without hesitation, as that convict,
         Jean Valjean; to these signs, to this testimony, the counsel
         could oppose nothing but the denial of his client, the denial
         of an interested party; but supposing that he was the con-
         vict Jean Valjean, did that prove that he was the thief of the
         apples? that was a presumption at the most, not a proof. The
         prisoner, it was true, and his counsel, ‘in good faith,’ was
         obliged to admit it, had adopted ‘a bad system of defence.’
         He obstinately denied everything, the theft and his char-
         acter of convict. An admission upon this last point would
         certainly have been better, and would have won for him the

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