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V 2 5 1971

M453 n..S. V. I

Reprinted in U.S.A.
by

Fred B. Rothman & Co.

South Hackensack, N. J.

THE

AMERICAN LAW JOURNAL.

JULY, 1848.

TRIAL FOR MURDER IN FRANCE.-LOLA MONTES.

On the 26th March, 1846, an interesting trial took place at Rouen, in which Bouvallon, one of the editors of a paper published in Paris, called "The Globe," was charged with the murder of Dujarier, the editor in chief of "La Presse," a well known and highly influential paper published in the same city. Although the alleged murder took place at Paris, circumstances rendered it necessary to remove the trial to Rouen. The defence was, that the deceased was killed by the accused in a duel, according to the rules of honor regulating such combats. It was gravely objected, on the part of the prosecution, that the defendant was not entitled to avail himself of these laws, because, at one period of his life, he had been guilty of stealing a watch! The larceny of the watch was clearly proved on the trial to have been committed in January, 1840; and the accused, being interrogated on the subject, so far from denying it, said "I committed a fault of youth, and cruelly have I expiated it." To an inquiry as to what VOL. 1-1

bearing the introduction of such evidence could possibly have on the case, a distinguished lawyer answered that "a French jury would only tolerate duels among men of honor, and a man would forfeit his privilege to commit murder if it was believed he had ever been a thief." Connected with this criminal accusation was a civil suit for damages, by the mother and nephews of the deceased.— By the French law if a man wounds or kills another, he is liable to pay the wounded person, if he lives, or his next of kin, if he dies, damages for the civil injury done them. The criminal charge is submitted to a jury, of whom seven may return a verdict. The civil action, both as to law and fact, is decided at the same time by the court, without the intervention of a jury. The witnesses are not selected by one party and the other, because their testimony may be favorable to any particular view of the case, but for the purpose of obtaining all the information that can be had; and hence it is that the judge, and not the counsel, proceeds to interrogate them with the sole design of establishing the truth. Forty-six witnesses were examined. The first was Alexander Dumas, the celebrated and popular writer of the day. Being asked, in the visual form, what his profession was, he answered "I should call myself a dramatic poet, if I was not in the birth place of Corneille." This answer touched the hearts of the audience, for Rouen was the birth place of the two brothers Pierre and Thomas Cornielle, and, although more than two hundred years have elapsed since their birth, their memory is still honored by the inhabitants.Dumas was the common friend of both the parties engaged in the duel, and, being informed that the weapons selected were pistols, and knowing how unskilful Dujarier was, sent his son with him to a shooting gallery, where he was able to hit a mark as large as a man only twice in fourteen times! But the testimony of Dumas went strongly

to the respectability of the parties as men of honor! The duel grew out of something which occurred at a dinner party given in one of the most celebrated establishments at the Palais Royal, at an expense of 55 francs ($11 00) per head!

The President, on the trial, instructed the jury that to kill a man in a duel is murder by the law of France; that the fact of killing being proved by the voluntary discharge of a loaded pistol, the defendant was chargeable with the offence imputed to him; but that the jury had a right to declare that it was done under alleviating circumstances, &c. After ten minutes absence, the jury returned their verdict in the following form: The foreman rising, and being asked, "Is the accusation true?" answered, "upon "my honor and my conscience, before God and man, the "declaration of the jury is, No. The accused is not "guilty."

The arguments then commenced in relation to the civil suit for damages, which was tried by the court alone without a jury, and the difference in the result shows what is very common in this country in the trial of criminal cases, a wide difference of opinion between the court and jury. In the criminal prosecution the accused, we have seen, was acquitted by the jury; but in the civil suit the court awarded to the widow-mother, and the nephews of the deceased, the sum of 20,000 francs ($4000) damages, with costs, and ordered that Bouvallon, in case of default in payment, should be imprisoned two years.

We have already brought to the notice of the reader one celebrated witness, Mr. Alexandre Dumas. But another witness was examined who has since gained an equal celebrity, although of a character somewhat different. LOLA MONTES was examined as a witness. She was an artiste of the Theatre Port St. Martin, a Spaniard, who spoke French imperfectly, and her connexion with the

deceased may be ascertained from the following letter, which he wrote to her on the morning of the duel.

"My dear Lola. I am going out to fight with pistols. This explains "why I have slept alone, and why I do not come to see you this morning. “I have need of all my calmness. At two o'clock all will be over. A "thousand embraces, my dear Loia, my good little wife, whom I love so "much, and the thoughts of whom will never leave me."

Mlle. De Montes in her testimony spoke highly of the kind and amiable qualities of the deceased. She had expressed a desire to be introduced to Bouvallon and to go to the dinner, but Dujarier positively refused to allow it. She received the letter, on her return from rehearsal, and immediately took measures to prevent the duel, but it was too late. "I WAS," said she, in her testimony, "A BETTER SHOT THAN DUJARIER, AND IF Bouvallon WANTED SATISFACTION I WOULD HAVE FOUGHT HIM myself.” She received the corpse from the carriage, and the cmotion which she then experienced was still visible in her testimony. Dujarier evidently entertained a warm affection for her, as in addition to his farewell letter, he wrote a will, on the morning of the duel, leaving her the principal part of his estate. His interest in "La Presse" alone was an item of considerable importance. It was owned by a joint stock company and was divided into 25 shares, each share selling, at the time of the duel, at $60,000 francs, ($12,000,) and each share receiving an annual dividend of $1478. Dujarier, by his ability as a writer, had raised the establishment to this value, and in addition to his salary as chief editor owned eight shares, valued in the aggregate at $96,000.

The duel was fought in March 1845, in the Bois de Bologne. Bauvallon was the challenger, and, at the first fire, shot his antagonist in the head and killed him instantly. The trial, as already stated, took place on the 26th March, 1846; and Lola Montes, after receiving the corpse from the carriage, superintending the funeral, and making the necessary disposition of her interests under the will

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