[The Widow Lerouge by Emile Gaboriau]@TWC D-Link bookThe Widow Lerouge CHAPTER VII 19/39
The fixed idea, stronger than one's will, and more interesting to him than politics, brought him forcibly back to La Jonchere, where lay the murdered Widow Lerouge.
Like the child who again and again builds up and demolishes his house of cards, he arranged and entangled alternately his chain of inductions and arguments. In his own mind there was certainly no longer a doubt as regards this sad affair, and it seemed to him that M.Daburon shared his opinions. But yet, what difficulties there still remained to encounter! There exists between the investigating magistrate and the accused a supreme tribunal, an admirable institution which is a guarantee for all, a powerful moderator, the jury. And the jury, thank heaven! do not content themselves with a moral conviction.
The strongest probabilities cannot induce them to give an affirmative verdict. Placed upon a neutral ground, between the prosecution and the defence, it demands material and tangible proofs.
Where the magistrate would condemn twenty times for one, in all security of conscience, the jury acquit for lack of satisfying evidence. The deplorable execution of Lesurques has certainly assured impunity to many criminals; but, it is necessary to say it justifies hesitation in receiving circumstantial evidence in capital crimes. In short, save where a criminal is taken in the very act, or confesses his guilt, it is not certain that the minister of justice can secure a conviction.
Sometimes the judge of inquiry is as anxious as the accused himself.
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