It happens almost daily, that two physicians employed as experts differ in their opinions. The courts would have a great deal to do, if they had to force them to agree. They appoint simply a third expert, whose opinion is decisive. This was necessarily to be done in Cocoleu’s case.
“And as necessarily,” continued Dr. Seignebos, “the court, having appointed a first ass, will associate with me a second ass. They will agree with each other, and I shall be accused and convicted of ignorance and presumption.”
He came, therefore, as he now said, to ask M. de Chandore to render him a little service. He wanted the two families, Chandore and Boiscoran, to employ all their influence to obtain that a commission of physicians from outside—if possible, from Paris—should be appointed to examine Cocoleu, and to report on his mental condition.
“I undertake,” he said, “to prove to really enlightened men, that this poor creature is partly pretending to be imbecile, and that his obstinate speechlessness is only adopted in order to avoid answers which would compromise him.”
At first, however, neither M. de Chandore nor M. Folgat gave any answer. They were considering the question.
“Mind,” said the doctor again, shocked at their silence, “mind, I pray, that if my view is adopted, as I have every reason to hope, a new turn will be given to the whole case.”
Why yes! The ground of the accusation might be taken from under the prosecution; and that was what kept M. Folgat thinking.
“And that is exactly,” he commenced at last, “what makes me ask myself whether the discovery of Cocoleu’s rascality would not be rather injurious than beneficial to M. de Boiscoran.”
The doctor was furious. He cried,—
“I should like to know”—
“Nothing can be more simple,” replied the advocate. “Cocoleu’s idiocy is, perhaps the most serious difficulty in the way of the prosecution, and the most powerful argument for the defence. What can M. Galpin say, if M. de Boiscoran charges him with basing a capital charge upon the incoherent words of a creature void of intelligence, and, consequently, irresponsible.”
“Ah! permit me,” said Dr. Seignebos.
But M. de Chandore heard every syllable.
“Permit yourself, doctor,” he said. “This argument of Cocoleu’s imbecility is one which you have pleaded from the beginning, and which appeared to you, you said, so conclusive, that there was no need of looking for any other.”
Before the doctor could find an answer, M. Folgat went on,—
“Let it be, on the contrary, established that Cocoleu really knows what he says, and all is changed. The prosecution is justified, by an opinion of the faculty, in saying to M. de Boiscoran, ’You need not deny any longer. You have been seen; here is a witness.’”
These arguments must have struck Dr. Seignebos very forcibly; for he remained silent for at least ten long seconds, wiping his gold spectacles with a pensive air. Had he really done harm to Jacques de Boiscoran, while he meant to help him? But he was not the man to be long in doubt. He replied in a dry tone,—