Code； the right to try him for which we reserve hereafter； when his identity shall have been judicially established。
He has just mitted a fresh theft； it is a case of a second offence； condemn him for the fresh deed； later on he will be judged for the old crime。〃
In the face of this accusation； in the face of the unanimity of the witnesses； the accused appeared to be astonished more than anything else； he made signs and gestures which were meant to convey No； or else he stared at the ceiling：
he spoke with difficulty； replied with embarrassment； but his whole person； from head to foot； was a denial； he was an idiot in the presence of all these minds ranged in order of battle around him； and like a stranger in the midst of this society which was seizing fast upon him； nevertheless； it was a question of the most menacing future for him； the likeness increased every moment； and the entire crowd surveyed； with more anxiety than he did himself； that sentence freighted with calamity； which descended ever closer over his head； there was even a glimpse of a possibility afforded； besides the galleys； a possible death penalty； in case his identity were established； and the affair of Little Gervais were to end thereafter in condemnation。 Who was this man？ what was the nature of his apathy？ was it imbecility or craft？
Did he understand too well； or did he not understand at all？ these were questions which divided the crowd； and seemed to divide the jury； there was something both terrible and puzzling in this case：
the drama was not only melancholy； it was also obscure。
The counsel for the defence had spoken tolerably well； in that provincial tongue which has long constituted the eloquence of the bar； and which was formerly employed by all advocates； at Paris as well as at Romorantin or at Montbrison； and which to…day； having bee classic； is no longer spoken except by the official orators of magistracy； to whom it is suited on account of its grave sonorousness and its majestic stride； a tongue in which a husband is called a consort； and a woman a spouse； Paris； the centre of art and civilization； the king； the monarch； Monseigneur the Bishop； a sainted pontiff； the district…attorney； the eloquent interpreter of public prosecution； the arguments； the accents which we have just listened to； the age of Louis XIV。； the grand age； a theatre； the temple of Melpomene； the reigning family； the august blood of our kings； a concert； a musical solemnity； the General mandant of the province； the illustrious warrior； who； etc。； the pupils in the seminary； these tender levities； errors imputed to newspapers； the imposture which distills its venom through the columns of those organs； etc。 The lawyer had； accordingly； begun with an explanation as to the theft of the apples；an awkward matter couched in fine style； but Benigne Bossuet himself was obliged to allude to a chicken in the midst of a funeral oration； and he extricated himself from the situation in stately fashion。
The lawyer established the fact that the theft of the apples had not been circumstantially proved。 His client； whom he； in his character of counsel； persisted in calling Champmathieu； 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 possession； 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 Champmathieu might well have had its origin in Jean Mathieu； all that was true； in short； four witnesses recognize Champmathieu； 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 convict 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 character of convict。 An admission upon this last point would certainly have been better； and would have won for him the indulgence of his judges； the counsel had advised him to do this； but the accused had obstinately refused； thinking； no doubt； that he would save everything by admitting nothing。 It was an error； but ought not the paucity of this intelligence to be taken into consideration？
This man was visibly stupid。 Long…continued wretchedness in the galleys； long misery outside the galleys； had brutalized him； etc。
He defended himself badly； was that a reason for condemning him？
As for the affair with Little Gervais； the counsel need not discuss it； it did not enter into the case。
The lawyer wound up by beseeching the jury and the court； if the identity of Jean Valjean appeared to them to be evident； to apply to him the police penalties which are provided for a criminal who has broken his ban； and not the frightful chastisement which descends upon the convict guilty of a second offence。
The district…attorney answered the counsel for the defence。 He was violent and florid； as district…attorneys usually are。
He congratulated the counsel for the defence on his 〃loyalty；〃 and skilfully took advantage of this loyalty。
He reached the accused through all the concessions made by his lawyer。
The advocate had seemed to admit that the prisoner was Jean Valjean。
He took note of this。 So this man was Jean Valjean。
This point had been conceded to the accusation and could no longer be disputed。
Here； by means of a clever autonomasia which went back to the sources and causes of crime； the district…attorney thundered against the immorality of the romantic school； then dawning under the name of the Satanic school； which had been bestowed upon it by the critics of the Quotidienne and the Oriflamme； he attributed； not without some probability； to the influence of this perverse literature the crime of Champmathieu； or rather； to speak more correctly； of Jean Valjean。
Having exhausted these considerations； he passed on to Jean Valjean himself。 Who was this Jean Valjean？
Description of Jean Valjean：
a monster spewed forth； etc。
The model for this sort of description is contained in the tale of Theramene； which is not useful to tragedy； but which every day renders great services to judicial eloquence。 The audience and the jury 〃shuddered。〃
The description finished； the district…attorney resumed with an oratorical turn calculated to raise the enthusiasm of the journa