Nearly a hundred and fifty witnesses were examined in the cause, and of these between thirty and forty deposed that the accused really was Martin Guerre; that they had known him and had spoken to him from his infancy; that they were perfectly acquainted with his person, manner, and tone of voice; and that, moreover, they were convinced of his identity by certain scars and marks on his person.
On the other hand, a greater number of persons asserted as positively that the man before them was one Arnold du Tilh, of Sagais, and was commonly called Pansette; while nearly sixty of the witnesses—who had known both men—declared that there was so strong a resemblance between these two persons that it was impossible for them to declare positively whether the accused was Martin Guerre or Arnold du Tilh.
In this dilemma the judge ordered two inquiries—one with regard to the likeness or unlikeness of Sanxi Guerre to the accused, and the other as to the resemblance existing between the child and the sisters of Martin Guerre. It was reported that the boy bore no resemblance to the prisoner, but that he was very like his father’s sisters, and upon this evidence the judge pronounced the prisoner guilty, and sentenced him to be beheaded and quartered.
But the public of the neighbourhood not being so easily satisfied as the criminal judge of Rieux, and unable to comprehend the grounds of the decision, became clamorous, and an appeal was made on behalf of the convict to the Parliament of Toulouse. That Assembly ordered the wife (Bertrande de Rols) and the uncle (Peter Guerre) to be confronted separately with the man whom they accused of being an impostor, and when the parties were thus placed face to face, the so-called Arnold du Tilh maintained a calm demeanour, spoke with an air of assurance and truth, and answered the questions put to him promptly and correctly. On the other hand, the confusion of Peter Guerre and Bertrande de Rols was so great as to create strong suspicions of their honesty. New witnesses were called, but they only served to complicate matters; for out of thirty, nine or ten were convinced that the accused was Martin Guerre, seven or eight were as positive that he was Arnold du Tilh, and the rest would give no distinct affirmation either one way or another.
When the testimony came to be analysed, it was seen that forty-five witnesses, in all, had asserted in the most positive terms that the man presented to them was not Guerre, but Du Tilh, which they said they were the better able to do, because they had known both men intimately, had eaten and drank with them, and conversed with them at intervals from the days of their common childhood. Most of these witnesses agreed that Martin Guerre was taller and of a darker complexion, that he was of slender make and had round shoulders, that his chin forked and turned up, his lower lip hung down, his nose was large and flat, and that he had the mark of an ulcer on his face, and a scar on his right eyebrow, whereas Arnold du Tilh was a short thickish man who did not stoop, although at the same time similar marks were on his face.