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1806: Cesar Herbaux, Vidocq’s path not taken

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French criminal turned seminal criminologist Eugene Francois Vidocq on this date in 1806 witnessed the fate he might have shared when his former underworld collaborator went under the guillotine at Paris for murder.

The son of an Arras baker, the young Vidocq (English Wikipedia entry | French) presented as an incipient Villonesque picaro. He had the first of his many theft-and-arrest events at the tender age of 13 courtesy of his father who summoned the gendarmes when he stole the family silver. Nothing daunted, Vidocq robbed the house again a few months later and ran away to join troupes of itinerant entertainers, soon transitioning into the French Revolution’s new citizen-army where the rogue by turns impressed with his competence and deserted ahead of some scandal, equally prolific in affairs of honor (he was an expert fencer) and those of the heart (same).

While in prison for his latest misadventures in 1795-1796 he fell in with another inmate — our day’s principal, César Herbaux or Herbault — and forged a pardon order for one of their fellows. Vidocq, as we shall see, would always blame the others for inducing him (their story was the reverse). In either event, for their trouble they caught a sentence that was cruel even though “galleys” by this time just meant prison hulks.

The tribunal … sentences Francois Vidocq and Cesar Herbaux to the punishment of the galleys for eight years …

[And] the said Francois Vidocq and Cesar Herbaux shall be exposed for six hours on a scaffold, which whall be for that purpose erected on the public square of this commune.

The sentence Vidocq himself published in his ghost-written memoirs, where the later, respectable man would situate it in the midst of his life’s chrysalis.

Vidocq did not serve his sentence; he escaped custody and lived the first decade of the 19th century on his society’s periphery, under a succession of aliases and with a succession of lovers, the episodes punctuated by re-arrests and re-escapes. In one close escape, Vidocq was lodging in Melun as “a travelling seller of fashionable commodities” when ill rumors induced him to flee for the capital. Resuming his memoir …

I learnt … from the landlord of the inn at which I had put up, that the commissary of police had testified some regret at not having examined my papers; but what was deferred was not ended, and that at my next visit, he meant to pay me a visit. The information surprised me, for I must consequently have been in some way an object of suspicion. To go on might lead to danger, and I therefore returned to Paris, resolving not to make any other journeys, unless I could render less unfavourable the chances which combined against me.

Having started very early, I reached the faubourg Saint Marceau in good time; and at my entrance, I heard the hawkers bawling out, “that two well-known persons are to be executed to-day at the Place de Greve.” I listened, and fancied I distinguished the name of Herbaux. Herbaux, the author of the forgery which caused all my misfortunes? I listened with more attention, but with an involuntary shudder; and this time the crier, to whom I had approached, repeated the sentence with these additions:

Here is the sentence of the criminal tribunal of the department of the Seine, which condemns to death the said Armand Saint Leger, an old sailor, born at Bayonne, and Cesar Herbaux, a freed galley-slave, born at Lille, accused and convicted of murder.

I could doubt no longer; the wretch who had heaped so much misery on my head was about to suffer on the scaffold. Shall I confess that I felt a sentiment of joy, and yet I trembled? … It will not excite wonder, when I say that I ran with haste to the palace of justice to assure myself of the truth; it was not mid-day, and I had great trouble in reaching the grating, near which I fixed myself, waiting for the fatal moment.

At last four o’clock struck, and the wicket opened. A man appeared first on the stage. It was Herbaux. His face was covered with a deadly paleness, whilst he affected a firmness which the convulsive workings of his featured belied. He pretended to talk to his companion, who was already incapacitated from hearing him. At the signal of departure, Herbaux, with a countenance into which he infused all the audacity he could force, gazed round on the crow, and his eye met mine. He started, and the blood rushed to his face. The procession passed on, and I remained as motionless as the bronze railings on which I was leaning; and I should probably have remained longer, if an inspector of the palace had not desired me to come away. Twenty minutes afterwards, a car, laden with a red basket, and escorted by the gendarme, was hurried over the Pont-au-Change, going towards the burial ground allotted for felons. Then, with an oppressed feeling at my heart, I went away, and regained my lodgings, full of sorrowful reflections.

I have since learnt, that during his detention at the Bicetre, Herbaux had expressed his regret at having been instrumental in getting me condemned, when innocent. The crime which had brought this wretch to the scaffold was a murder committed, in company with Saint Leger, on a lady of the Place Dauphine. These two villains had obtained access to their victim under pretence of giving her tidings of her son, whom they said they had seen in the army.

Although, in fact Herbaux’s execution could not have any direct influence over my situation, yet it alarmed me, and I was horror-struck at feeling that I had ever been in contact with such brigands, destined to the executioner’s arm: my remembrance revealed me to myself, and I blushed, as it were, in my own face. I sought to lose the recollection, and to lay down an impassable line of demarcation between the past and the present; for I saw but too plainly, that the future was dependent on the past; and I was the more wretched, as a police, who have not always due powers of discernment, would not permit me to forget myself. I saw myself again on the point of being snared like a deer.

Forever abroad on a false passport, watching over his shoulder for the next inquisitive policeman, the next chance encounter with a bygone criminal acquaintance, Vidocq was in his early thirties now and aching to go straight lest he follow Herbaux’s path to the guillotine. At last in 1809 he was able to find the perfect port of entry for a man of his underworld expertise: policing.

Beginning first as a snitch and informer, Vidocq uncovered a genius for the still-nascent field of professional law enforcement and made himself the field’s towering presence. His last arrest was in 1809; by 1812, he had created La Surete, France’s civil investigative organ. This still-extant entity became the model for Great Britain’s Scotland Yard (1829), with Vidocq consulting for his Anglo imitators.

His subalterns were heavily lawbreakers like himself, men and also women recruited from the streets and prisons for whom the cant of outlaws was native tongue and who took readily to Vidocq’s training in disguise and subterfuge: Vidocq trafficked in information, seeking crime in its native habitat where the easy-to-spot predecessors to the beat cop could not penetrate. The payoffs in robbers ambushed red-handed and turncoats delightedly unmasking themselves made the man a sensation.

Yet alongside his swashbuckling flair, Vidocq’s prescient interest in then-novel police techniques ranging from forensic science to controlling crime scenes to logging permanent records about criminals have established him as either a or the father of criminology.

A few books about Vidocq

All along, the master himself continued to adventure in the field too, and began compounding a sizable income from deploying his investigative talents for a private clientele. His mother who had once been accustomed to shelter him as a fugitive had a requiem mass at Notre Dame on her death in 1824.

In 1833, retired from Surete, Vidocq founded perhaps the first private detective agency. But as had been the case while he was in public service he had a zest for skirting the edges of the legally or ethically permissible, which was eventually the ruin of his business and his fortune. For all his legendary charisma, his heirs at the Surete in the late 19th century all but wrote out of their institutional history the thief who literally wrote the book on their field.

Posterity was bound to reclaim him if for no other reason than that the dashing detective had always been catnip for the literary set. Victor Hugo is thought to have drawn on Vidocq for both the chief antagonists in Les Miserables, the reformed criminal Jean Valjean and his relentless pursuer Inspector Javert; Balzac liberally cribbed from the biography of his good friend Vidocq to create his Human Comedy character Vautrin, a onetime forger become chief of the Surete. American writers invoked Vidocq by name in, e.g., Moby Dick and The Murders in the Rue Morgue, and Edgar Allan Poe‘s interest in turn gestures at the man’s place in the foundational cosmology of the detective story genre. And for all that the real man’s life, however one discounts for literary flourish, was somehow more colorfully impossible than all the Sherlock Holmeses that have followed him — why, by every probability the scoundrel ought to have wound up sharing the stage with a Cesar Herbaux. Accordingly, depictions of this deeply dramatic figure in theater and cinema stretch from the man’s own time all the way to ours, as with this 2011 Gerard Depardieu offering:

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1794: Rosalie Lubomirska, mother of Balzac’s antagonist

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On this date in 1794, the Polish princess Rosalie Lubomirska was guillotined during the Paris Terror.

The hottest thing to come out of Chernobyl before 1986, the glamorous young Lubomirska had it all going for her before Europe turned revolutionary.

Her support for the reformist Patriotic Party in her homeland required her flight on to France when a Russian invasion defeated that movement in 1792. Indeed, short as her own thread was cut, Rosalie Lubomirska was only barely outlived by the Polish-Lithuanian Commonwealth itself.

But escaping to her friend Marie Antoinette in France might not have been the savviest choice.

The irrepressible Melanie “Madame Guillotine” Clegane, author of such topical historical fiction as The Secret Diary of a Princess: A Novel of Marie Antoinette, has everything you need to know about Rosalie Lubomirska’s activities from that point in this post: going royalist after the execution of Louis XVI, taking Vendee rebels into her salon and/or bed, and seeing her lovers precede her to the guillotine while she desperately bought time by feigning pregnancy.

She left behind a young daughter. In much later years, this little girl grown up and married to noted Orientalist scholar Waclaw Seweryn Rzeuwski would manifest as a side character in a very different story: she is “Aunt Rozalia”, whose niece was Ewelina Hanska, the admirer turned wife of the novelist Honore de Balzac. Aunt Rozalia was a bitter foe of Ewelina’s declasse romance with the bourgeois scribbler and to judge by the correspondence of the lovers was continually trafficking in rumors that Balzac — who was in actuality a legendary workaholic — was a gambler, boozer, or suchlike dissipated wastrel.

Balzac gave his antagonist the gift of literary immortality by using her as an inspiration (one inspiration: his own mother was another) for the titular killjoy spinster in his novel Cousin Bette.

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1795: Unspecified Robespierrists

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On this date in 1795, a Balzac story La Comedie humaine reaches its climax as the tumbrils of the Thermidorian Reaction wind their way to the scaffold.

In “An Episode Under the Terror”, a mysterious man appears to a priest in hiding and prevails upon him to say a secret mass for the recently executed Louis XVI.

It transpires in an exchange between the two that the stranger’s own conscience is somehow troubled.

“Remember, my son, [said the abbe] that it is not enough to have taken no active part in the great crime; that fact does not absolve you. The men who might have defended the King and left their swords in their scabbards, will have a very heavy account to render to the King of Heaven — Ah! yes,” he added, with an eloquent shake of the head, “heavy indeed! — for by doing nothing they became accomplices in the awful wickedness—-”

“But do you think that an indirect participation will be punished?” the stranger asked with a bewildered look. “There is the private soldier commanded to fall into line — is he actually responsible?”

We have no more answer in the text than we have in life.

Spoiler (That You Saw Coming) Alert

The stranger returns on the anniversary of the king’s martyrdom, but he remains enigmatic, until the abbe is caught up in a crowd watching the procession to the guillotine.

“What is the matter?” [the abbe] asked Madame Ragon.

“Nothing,” she said; “it is only the tumbril cart and the executioner going to the Place Louis XV. Ah! we used to see it often enough last year; but to-day, four days after the anniversary of the twenty-first of January, one does not feel sorry to see the ghastly procession.”

“Why not?” asked the abbe. “That is not said like a Christian.”

“Eh! but it is the execution of Robespierre‘s accomplices. They defended themselves as long as they could, but now it is their turn to go where they sent so many innocent people.”

The crowd poured by like a flood. The abbe, yielding to an impulse of curiosity, looked up above the heads, and there in the tumbril stood the man who had heard mass in the garret three days ago.

“Who is it?” he asked; “who is the man with—-”

“That is the headsman,” answered M. Ragon.

Meaning (though unnamed as such by Balzac), the phenomenally prolific Sanson.

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1839: Sebastien-Benoit Peytel, notwithstanding Balzac

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On this date in 1839, Honore de Balzac’s crusade to save a condemned man got the chop.

Sebastien-Benoit Peytel was a notary and minor journalist death-sentenced that August for murdering his wife and their servant, one of those countless local outrages whose passing notice flies before the years.

Driven by sentimentality or opportunism or literary conceit — but with a genuine sense of aggrieved justice — the French writer Balzac, who had met Peytel, took up his pen on the condemned man’s behalf.

I am extremely agitated by a horrible case, the case of Peytel. I have seen this poor fellow three times. He is condemned; I start in two hours for Bourg.

Blowing through 10,000 francs of his own money on travel and investigation, Balzac could never make the case to the public as compellingly as it evidently appeared to him.

The English writer William Thackeray was then abroad in Paris, and if we are to credit his more measured defense of Peytel,* Balzac was counterproductive to his cause.

Perhaps Monsieur de Balzac helped to smother what little sparks of interest might still have remained for the murderous notary. Balzac put forward a letter in his favor, so very long, so very dull, so very pompous, promising so much, and performing so little, that the Parisian public gave up Peytel and his case altogether.

Thackeray’s own (yawn) account won’t bring the rhetoricians out of their seats. Conniving Frenchmen: fresh take.

I am not going to entertain you with any sentimental lamentations for this scoundrel’s fate, or to declare my belief in his innocence, as Monsieur de Balzac has done. As far as moral conviction can go, the man’s guilt is pretty clearly brought home to him. But … [i] t is a serious privilege, God knows, that society takes upon itself, at any time, to deprive one of God’s creatures of existence. But when the slightest doubt remains, what a tremendous risk does it incur! In England, thank heaven, the law is more wise and more merciful: an English jury would never have taken a man’s blood upon such testimony: an English judge and Crown advocate would never have acted as these Frenchmen have done; the latter inflaming the public mind by exaggerated appeals to their passions: the former seeking, in every way, to draw confessions from the prisoner, to perplex and confound him, to do away, by fierce cross-questioning and bitter remarks from the bench, with any effect that his testimony might have on the jury.

…

[Y]ou may see how easy a thing it is for a man’s life to be talked away in France, if ever he should happen to fall under the suspicion of a crime.

Eventually, he pivots from Peytel’s execution this date to state a more general argument against the death penalty, at least in its public form.

Down goes the axe; the poor wretch’s head rolls gasping into the basket; the spectators go home, pondering; and Mr. Executioner and his aides have, in half an hour, removed all traces of the august sacrifice, and of the altar on which it had been performed. Say, Mr. Briefless, do you think that any single person, meditating murder, would be deterred therefrom by beholding this — nay, a thousand more executions? It is not for moral improvement, as I take it, nor for opportunity to make appropriate remarks upon the punishment of crime, that people make a holiday of a killing-day, and leave their homes and occupations, to flock and witness the cutting off of a head. Do we crowd to see Mr. Macready in the new tragedy, or Mademoiselle Ellssler in her last new ballet and flesh-colored stockinnet pantaloons, out of a pure love of abstract poetry and beauty; or from a strong notion that we shall be excited, in different ways, by the actor and the dancer? And so, as we go to have a meal of fictitious terror at the tragedy, of something more questionable in the ballet, we go for a glut of blood to the execution. The lust is in every man’s nature, more or less. Did you ever witness a wrestling or boxing match? The first clatter of the kick on the shins, or the first drawing of blood, makes the stranger shudder a little; but soon the blood is his chief enjoyment, and he thirsts for it with a fierce delight. It is a fine grim pleasure that we have in seeing a man killed; and I make no doubt that the organs of destructiveness must begin to throb and swell as we witness the delightful savage spectacle.

Lost among literature’s towering oaks, our day’s humble shrub has a literary footnote of his own for authoring, in 1832, Physiologie de la Poire (“The Physiology of the Pear”), a protracted satire exploiting Louis-Philippe‘s reputation as “the Pear King.” (Contrary to some reports, Peytel does not appear to have invented this image.)

According to these antiquarians, the book contains the author’s “hilarious” predictions of the ways he will not die.

“Il ne sera pas guillotine‘ comme Bories, Raoulx …”

* Thackeray argued that the trial was badly done and the evidence insufficient for execution but expressly stopped well short of expressing confidence in Peytel’s innocence.

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