A Book of Remarkable Criminals | ||
4. Dr. Castaing
There are two reports of the trial of Castaing: "Procés Complet d'Edme Samuel Castaing," Paris, 1823; "Affaire Castaing," Paris, 1823.
Dr. Castaing
I. AN UNHAPPY COINCIDENCE
EDME CASTAING, born at Alençon in 1796, was the youngest of the three sons of an Inspector-General in the department of Woods and Forests. His elder brother had entered the same service as his father, the other brother was a staff-captain of engineers. Without being wealthy, the family, consisting of M. and Mme. Castaing and four children, was in comfortable circumstances. The young Edme was educated at the College of Angers—the Alma Mater of Barre and Lebiez—where, intelligent and hard working, he carried off many prizes. He decided to enter the medical profession, and at the age of nineteen commenced his studies at the School of Medicine in Paris. For two years he worked hard and well, living within the modest allowance made him by his father. At the end of that time this young man of two or three-and-twenty formed a passionate attachment for a lady, the widow of a judge, and the mother of three children. Of the genuine depth and sincerity of this passion for a woman who must have been considerably older than himself, there can be no doubt. Henceforth the one object in life to Castaing was to make money enough to relieve the comparative
Among the friends of Castaing were two young men of about his own age, Auguste and Hippolyte Ballet. Auguste, the elder, had the misfortune a few days after his birth to incur his mother's lasting dislike. The nurse had let the child fall from her arms in the mother's presence, and the shock had endangered Mme. Ballet's life. From that moment the mother took a strong aver-sion to her son; he was left to the charge of servants; his meals were taken in the kitchen. As soon as he was five years old he was put out to board elsewhere, while his brother Hippolyte and his sister were well cared for at home. The effect of this unjust neglect on the character of Auguste Ballet was, as may be imagined, had;
A few years before the death of Hippolyte his father and mother had died almost at the same time. M. Ballet had left to each of his sons a fortune of some 260,000 francs. Though called to the bar, both Auguste and Hippolyte Ballet were now men of independent means. After the death of their parents, whatever jealousy Auguste may have felt at the unfair preference which his mother had shown for her younger son, had died down. At the time of Hippolyte's death the brothers were on good terms, though the more prudent Hippolyte disapproved of his elder brother's extravagance.
Of Hippolyte Ballet Dr. Castaing had become the fast friend. Apart from his personal liking for Castaing, it was a source of comfort to Hippolyte, in his critical state of health, to have as his friend one whose medical knowledge was always at his service. About the middle of August, 1822, Hippolyte, on the advice of his doctors, went to Enghien to take the waters. There Castaing paid him frequent visits. He returned to Paris on September 22, and seemed to have benefited greatly by the cure. On Tuesday, October 1, he saw his sister, Mme. Martignon, and her husband; he seemed well, but
A post-mortem was held on his body. It was made by Drs. Segalas and Castaing. They stated that death was due to pleurisy aggravated by the consumptive condition of the deceased, which, however serious, was not of itself likely to have been so rapidly fatal in its consequences.
Hippolyte had died, leaving a fortune of some 240,000 francs. In the previous September he had spoken to the notary Lebret, a former clerk of his father's, of his intention of making a will. He had seen that his brother Auguste was squandering his share of their inheritance; he told Lebret that whatever he might leave to Auguste should not be placed at his absolute disposal. To his servant Victoire, during his last illness, Hippolyte had spoken of a will he had made which he wished to destroy. If Hippolyte had made such a will, did he destroy it before his death? In any case, no trace of it was ever found after his death. He was presumed to have died intestate, and his fortune was divided, three-quarters of it going to his brother Auguste, the remaining quarter to his sister, Mme. Martignon.
On the day of Hippolyte's death Auguste Ballet wrote from his brother's house to one Prignon: "With great grief I have to tell you that I have just lost my brother; I write at the same time to say that I must have 100,000 francs to-day if possible. I have the greatest need of it. Destroy my letter, and reply at once. M. Sandrie will, I am sure, accommodate me. I am at my poor brother's house, from which I am writing." Prignon did as he was asked, but it was two days before the stockbroker, Sandrie, could raise the necessary sum. On October 7 he sold out sufficient of Auguste's stock to realise 100,000 francs, and the following day gave Prignon
Why had Auguste Ballet, after his brother's death, such urgent need of 100,000 francs? If the statements of Auguste made to other persons are to be believed, he had paid the 100,000 francs which he had raised through Prignon to Lebret, his father's former clerk, who would seem to have acted as legal and financial adviser to his old master's children. According to Auguste's story, his sister, Mme. Martignon, had offered Lebret 80,000 francs to preserve a copy of a will made by Hippolyte, leaving her the bulk of his fortune. Castaing, however, had ascertained that Lebret would be willing, if Auguste would outbid his sister and pay 100,000 francs, to destroy the will so that, Hippolyte dying intestate, Auguste would take the greater part of his brother's fortune. Auguste agreed to accept Lebret's terms, raised the necessary sum, and handed over the money to Castaing, who, in turn, gave it to Lebret, who had thereupon destroyed the copy of the will. Castaing, according to the evidence of Auguste's mistress, an actress of the name of Percillie, had spoken in her presence of having himself destroyed one copy of Hippolyte's will before his death, and admitted having arranged with Lebret after Hippolyte's death for the destruction of the other copy.
How far was the story told by Auguste, and repeated in somewhat different shape by Castaing to other persons, true? There is no doubt that after the visit to the
Did Lebret, as a fact, receive the 100,000 francs? A close examination of his finances showed no trace of such a sum. Castaing, on the other hand, on October 10, 1822, had given a stockbroker a sum of 66,000 francs to invest in securities; on the 11th of the same month he had lent his mother 30,000 francs; and on the 14th had given his mistress 4,000 francs. Of how this large sum of money had come to Castaing at a time when he was practically insolvent he gave various accounts. His final version was that in the will destroyed by Auguste, Hippolyte Ballet had left him an income for life equivalent to a capital of 100,000 francs, and that Auguste had given him that sum out of respect for his brother's wishes. If that explanation were true, it was certainly strange that shortly after his brother's death Auguste Ballet should have expressed surprise and suspicion to a friend on hearing that Castaing had been buying stock to the value of 8,000 francs. If he had given Castaing 100,000 francs for himself, there was no occasion for surprise or suspicion at his investing 8,000. That Auguste had paid out 100,000 francs to some one
No money had ever reached Lebret. His honesty and good faith were demonstrated beyond any shadow of a doubt; no copy of any will of Hippolyte Ballet had ever been in his possession. But Castaing had shown Auguste Ballet a copy of his brother's will, the seals of which Auguste had shown to his mistress. In all probability, and possibly at the instigation of Castaing, Hip-polyte Ballet had made a will, leaving the greater part of his property to his sister. Somehow or other Castaing had got possession of this will. On his death Castaing had invented the story of Mme. Martignon's bribe to Lebret, and so persuaded Auguste to outbid her. He had ingeniously kept Auguste and Lebret apart by representing Lebret as refusing to deal direct with Auguste, and by these means had secured to his own use the sum of 100,000 francs, which Auguste believed was being paid to Lebret as the price of his alleged destruction of his brother's will. The plot was ingenious and successful. To Lebret and the Martignons Castaing said that Hippolyte had made a will in Mme. Martignon's favour, but had destroyed it himself some days before his death. The Martignons expressed themselves as glad that Hip-polyte had done so, for they feared lest such a will should have provoked resentment against them on the part of Auguste. By keeping Auguste and Lebret apart, Castaing prevented awkward explanations. The only possible danger of discovery lay in Auguste's incautious admissions to his mistress and friends; but even had
Castaing had enriched himself considerably by the opportune death of his friend Hippolyte. It might be made a matter of unfriendly comment that, on the first day of May preceding that sad event, Castaing had purchased ten grains of acetate of morphia from a chemist in Paris, and on September 18, less than a month before Hippolyte's death, he had purchased another ten grains of acetate of morphia from the same chemist. The subject of poisons had always been a favourite branch of Castaing's medical studies, especially vegetable poisons; morphia is a vegetable poison.
Castaing's position relative to Auguste Ballet was now a strong one. They were accomplices in the unlawful destruction of Hippolyte's will. Auguste believed it to be in his friend's power to ruin him at any time by revealing his dealings with Lebret. But, more than that, to Auguste, who believed that his 100,000 francs had gone into Lebret's pocket, Castaing could represent himself as so far unrewarded for his share in the business; Lebret had taken all the money, while he had received no recompense of any kind for the trouble he had taken and the risk he was encountering on his friend's behalf. Whatever the motive, from fear or gratitude, Auguste Ballet was persuaded to make a will leaving Dr. Edme Samuel Castaing the whole of his fortune, subject to a few trifling legacies. But Auguste's feelings towards his sole legatee were no longer cordial. To one or two of his friends he expressed his growing distaste for Cas-taing's society.
Dr. Castaing can hardly have failed to observe this change. He knew Auguste to be reckless and extravagant with his money; he learnt that he had realised another
During the afternoon the two friends visited Saint Germain, then returned to Paris, and at seven o'clock in the evening arrived at the Tête Noire Hotel at Saint Cloud, where they took a double-bedded room, Castaing paying five francs in advance. They spent the following day, Friday, May 30, in walking about the neighbourhood
Castaing got up at four o'clock that morning and asked one of the servants to let him out. Two hours later he drove up in a cabriolet to the door of a chemist in Paris, and asked for twelve grains of tartar emetic, which he wanted to mix in a wash according to a prescription of Dr. Castaing. But he did not tell the chemist that he was Dr. Castaing himself. An hour later Cas-taing arrived at the shop of another chemist, Chevalier, with whom he had already some acquaintance; he had bought acetate of morphia from him some months before, and had discussed with him then the effects of vegetable poisons. On this particular morning he bought of his assistant thirty-six grains of acetate of morphia, paying, as a medical man, three francs fifty centimes for it instead of the usual price of four francs. Later in the morning Castaing returned to Saint Cloud, a distance of ten miles from Paris, and said that he had been out for a long walk. He found Auguste ill in bed. Castaing asked for some cold milk, which was taken up to the bedroom
Accordingly Dr. Pigache of Saint Cloud was summoned. He arrived at the hotel about eleven o'clock. Before seeing the patient Castaing told the doctor that he believed him to be suffering from cholera. Pigache asked to see the matter vomited but was told that it had been thrown away. He prescribed a careful diet, lemonade and a soothing draught.
Dr. Pigache returned at three o'clock, when he found that the patient had taken some lemonade, but, according to Castaing, had refused to take the draught. He called again that afternoon. Ballet was much better; he said that he would be quite well if he could get some sleep, and expressed a wish to return to Paris. Dr. Pigache dissuaded him from this and left, saying that he would come again in the evening. Castaing said that that would be unnecessary, and it was agreed that Pigache should see the patient again at eight o'clock the next morning. During the afternoon Castaing sent a letter to Paris to Jean, Auguste's negro servant, telling him to take the two keys of his master's desk to his cousin Malassis. But the negro distrusted Castaing. He knew of the will which his master had made in the doctor's favour. Rather than compromise himself by any injudicious act, he brought the keys to Saint Cloud and there handed them over to Castaing.
When Jean arrived his master complained to him of
During the afternoon Castaing left the hotel for some hours, and that same afternoon a young man about twenty-five years of age, short and fair, left a letter at the house of Malassis. The letter was from Castaing and said, "My dear friend, Ballet has just died, but do nothing before to-morrow, Monday. I will see you and tell you, yes or no, whether it is time to act. I expect that his brother-in-law, M. Martignon, whose face is pock-marked and who carries a decoration, will call and see you. I have said that I did not know what dispositions Ballet may have made, but that before his death he had told me to give you two little keys which I am going to deliver to you myself to-morrow, Monday. I have not said that we are cousins, but only that I had seen you once or twice at Ballet's, with whom you were friendly. So say nothing till I have seen you, but whatever you do, don't say you are a relative of mine." When he returned to the hotel Castaing found Martignon, Lebret, and one or two friends of Auguste already assembled. It was only that morning that Martignon had received from Castaing any intimation of his brother-in-law's critical condition. From the first Castaing was regarded with suspicion; the nature of the illness, the secrecy maintained about it by Castaing, the coincidence
Monday, June 2, was the day fixed for the post-mortem; it was performed in the hotel at Saint Cloud. Castaing was still in the hotel under provisional arrest. While the post-mortem was going on his agitation was extreme; he kept opening the door of the room in which he was confined, to hear if possible some news of the result. At last M. Pelletan obtained permission to inform him of the verdict of the doctors. It was favourable to Castaing; no trace of death by violence or poison had been discovered.
The medical men declared death to be due to an inflammation of the stomach, which could be attributed to natural causes; that the inflammation had subsided; that it had been succeeded by cerebral inflammation, which frequently follows inflammation of the stomach, and may have been aggravated in this case by exposure to the sun or by over-indulgence of any kind.
II. THE TRIAL OF DR. CASTAING
CASTAING expected, as a result of the doctors' report, immediate release. In this he was disappointed; he was placed under stricter arrest and taken to Paris, where a preliminary investigation commenced, lasting five months. During the early part of his imprisonment Castaing feigned insanity, going to disgusting lengths in the hope of convincing those about him of the reality of
The trial of Castaing commenced before the Paris Assize Court on November 10, 1823. He was charged with the murder of Hippolyte Ballet, the destruction of a document containing the final dispositions of Hippolyte's property, and with the murder of Auguste Ballet. The three charges were to be tried simultaneously. The Act of Accusation in Castaing's case is a remarkable document, covering a hundred closely-printed pages. It is a well-reasoned, graphic and unfair statement of the case for the prosecution. It tells the whole story of the crime, and inserts everything that can possibly prejudice the prisoner in the eyes of the jury. As an example, it quotes against Castaing a letter of his mistress in which, in the course of some quarrel, she had written to him saying that his mother had said some "horrible things" (des horreurs) of him; but what those "horrible things" were was not revealed, nor were they ever alluded to again
During the reading of the Act of Accusation by the Clerk of the Court Castaing listened calmly. Only when some allusion was made to his mistress and their children did he betray any sign of emotion. As soon as the actual facts of the case were set out he was all attention, making notes busily. He is described as rather attractive in appearance, his face long, his features regular, his forehead high, his hair, fair in colour, brushed back from the brows; he wore rather large side-whiskers. One of the witnesses at Saint Cloud said that Castaing looked more like a priest than a doctor; his downcast eyes, gentle voice, quiet and unassuming demeanour, lent him an air of patience and humility.
The interrogatory of Castaing by the presiding judge lasted all the afternoon of the first day of the trial and the morning of the second. The opening part of it dealt with the murder of Hippolyte Ballet, and elicited little or nothing that was fresh. Beyond the purchase of acetate of morphia previous to Hippolyte's death, which Castaing reluctantly admitted, there was no serious evidence against him, and before the end of the trial the prosecution abandoned that part of the charge.
Questioned by the President as to the destruction of Hippolyte Ballet's will, Castaing admitted that he had seen a draft of a will executed by Hippolyte in favour of his sister, but he denied having told Auguste that Lebret had in his possession a copy which he was prepared to destroy for 100,000 francs. Asked to explain the assertion
The interrogatory was then directed to the death of Auguste Ballet. Castaing said that Auguste Ballet had left him all his fortune on account of a disagreement with his sister. Asked why, after Auguste's death, he had at first denied all knowledge of the will made in his favour and deposited by him with Malassis, he could give no satisfactory reason. Coming to the facts of the alleged poisoning of Auguste Ballet, the President asked Castaing why, shortly after the warm wine was brought
A ridiculous statement made by Castaing to explain the purchase of morphia and antimony in Paris on May 31 was brought up against him. Shortly after his arrest Castaing had said that the cats and dogs about the hotel had made such a noise on the night of May 30 that they had disturbed the rest of Auguste, who, in the early morning, had asked Castaing to get some poison to kill them. He had accordingly gone all the way, about ten miles, to Paris at four in the morning to purchase antimony and morphia to kill cats and dogs. All the people of the hotel denied that there had been any such disturbance on the night in question. Castaing now said that he had bought the poisons at Auguste's request, partly to kill the noisy cats and dogs, and partly for the purpose of their making experiments on animals. Asked why he had not given this second reason before, he said that as Auguste was not a medical man it would have been damaging to his reputation to divulge the fact of his wishing to make unauthorised experiments on animals. "Why go to Paris for the poison?" asked the judge, "there was a chemist a few yards from the hotel. And when in Paris, why go to two chemists?" To all these questions Castaing's answers were such as to lead the President to express a doubt as to whether they were likely to convince the jury. Castaing was obliged to
The medical evidence at the trial was favourable to the accused. Orfila, the famous chemist of that day, said that, though the symptoms in Auguste Ballet's case might be attributed to poisoning by acetate of morphia or some other vegetable poison, at the same time they could be equally well attributed to sudden illness of a natural kind. The liquids, taken from the stomach of Ballet, had yielded on analysis no trace of poison of any sort. The convulsive symptoms present in Ballet's case were undoubtedly a characteristic result of a severe dose of acetate of morphia.
It was asserted some years later by one medical authority in Palmer's case that it might have been morphia and not strychnine that had caused the tetanic symptoms which preceded Cook's death.
To the young priest-like doctor the ordeal of his trial
A Mme. Durand, a patient of Castaing, gave some curious evidence as to a story told her by the young doctor. He said that a friend of his, suffering from lung disease, had been persuaded into making a will in his sister's favour. The sister had offered a bribe of 80,000 francs to her brother's lawyer to persuade him to make such a will, and paid one of his clerks 3,000 francs for drawing it up. Castaing, in his friend's interest, and in order to expose the fraud, invited the clerk to come and see him. His friend, hidden in an alcove in the room, overheard the conversation between
President: Castaing, did you tell this story to Mme. Durand?
Castaing: I don't recollect.
Avocat-Général: But Mme. Durand says that you did.
Castaing: I don't recollect.
President: You always say that you don't recollect; that is no answer. Have you, yes or no, made such a statement to Mme. Durand?
Castaing: I don't recollect; if I had said it, I should recollect it.
Another lady whom Castaing had attended free of charge swore, with a good deal of reluctance, that Castaing had told her a somewhat similar story as accounting for his possession of 100,000 francs.
Witnesses were called for the defence who spoke to the diligence and good conduct of Castaing as a medical student; and eighteen, whom he had treated free of expense, testified to his kindness and generosity. "All these witnesses," said the President, "speak to your generosity; but, for that very reason, you must have made little profit out of your profession, and had little opportunity for saving anything," to which Castaing replied: "These are not the only patients I attended; I have not called those who paid me for my services." At the same time Cas-taing found it impossible to prove that he had ever made a substantial living by the exercise of his profession.
One of the medical witnesses called for the defence, M. Chaussier, had volunteered the remark that the absence of any trace of poison in the portions of Auguste
Castaing was defended by two advocates—Roussel, a schoolfellow of his, and the famous Berryer, reckoned by some the greatest French orator since Mirabeau. Both advocates were allowed to address the jury. Roussel insisted on the importance of the corpus delicti. "The delictum," he said, "is the effect, the guilty man merely the cause; it is useless to deal with the cause if the effect is uncertain," and he cited a case in which a woman had been sent for trial, charged with murdering her husband; the moral proof of her guilt seemed conclusive, when suddenly her husband appeared in court alive and well. The advocate made a good deal of the fact that the remains of the draught prescribed by Dr. Pigache, a spoonful of which Castaing had given to Auguste Ballet, had been analysed and showed no trace of poison. Against this the prosecution set the evidence of the chemist at Saint Cloud, who had made up the prescription. He said that the same day he had made up a second prescription similar to that of Dr. Pigache, but not made out for Auguste Ballet, which contained, in addition to the other ingredients, acetate of morphia. The original of this prescription he had given to a friend of Castaing, who had come to his shop and asked him for
M. Roussel combatted the suggestion that the family of Castaing were in a state of indigence. He showed that his father had an income of 10,000 francs, while his two brothers were holding good positions, one as an officer in the army, the other as a government official. The mistress of Castaing he represented as enjoying an income of 5,000 francs. He protested against the quantity of hearsay evidence that had been admitted into the case. "In England," he said, "when a witness is called, he is asked `What have you seen?' If he can only testify to mere talk, and hearsay, he is not heard." He quoted the concluding paragraph of the will of Auguste Ballet as showing his friendly feeling towards Castaing: "It is only after careful reflection that I have made this final disposition of my property, in order to mark the sincere friendship which I have never for one moment ceased to feel for MM. Castaing, Briant and Leuchére, in order to recognise the faithful loyalty of my servants, and deprive M. and Mme. Martignon, my brother-in-law and sister, of all rights to which they might be legally entitled on my death, fully persuaded in soul and conscience that, in doing so, I am giving to each their just and proper due." "Is this," asked M. Roussel, "a document wrested by surprise from a weak man, extorted by trickery? Is he not acting in the full exercise of his faculties? He forgets no one, and justifies his conduct."
When M. Roussel came to the incident of the noisy cats and dogs at Saint Cloud, he was as ingenious as the circumstances permitted: "A serious charge engrosses public attention; men's minds are concentrated on the large, broad aspects of the case; they are in a state of unnatural excitement. They see only the greatness,
M. Roussel concluded his speech at ten o'clock on Sunday night, November 16. The next morning Berryer addressed the jury. His speech in defence of Castaing is not considered one of his most successful efforts. He gave personal testimony as to the taste of acetate of morphia. He said that with the help of his own chemist he had put a quarter of a grain of the acetate into a large spoonful of milk, and had found it so insupportably bitter to the taste that he could not keep it in his mouth. If, he contended, Ballet had been poisoned by tartar emetic, then twelve grains given in milk would have given it an insipid taste, and vomiting immediately after would have got rid of the poison. Later investigations have shown that, in cases of antimonial poisoning, vomiting does not necessarily get rid of all the poison, and the convulsions in which Auguste Ballet died are symptomatic of poisoning either by morphia or antimony. In conclusion, Berryer quoted the words addressed by one of the Kings of France to his judges: "When God has not vouchsafed clear proof of a crime, it is a sign that He does not wish that man should determine it, but leaves its judgment to a higher tribunal."
The Avocat-Général, in reply, made a telling answer to M. Roussel's attempt to minimise the importance of the cats and dogs: "He has spoken of the drama of life, and of its ordinary everyday incidents. If there is drama in this case, it is of Castaing's making. As to the ordinary incidents of everyday life, a man buys poison, brings it to the bedside of his sick friend, saying it is for experiments on cats and dogs, the friend dies, the other, his sole heir, after foretelling his death, takes possession of his keys, and proceeds to gather up the spoils—are these ordinary incidents of every-day life?"
It was nine o'clock at night when the jury retired to consider their verdict. They returned into court after two hours' deliberation. They found the prisoner "Not Guilty" of the murder of Hippolyte Ballet, "Guilty" of destroying his will, and "Guilty" by seven votes to five of the murder of Auguste Ballet. Asked if he had anything to say before judgment was given, Castaing, in a very loud voice, said "No; but I shall know how to die, though I am the victim of ill-fortune, of fatal circum-stance. I shall go to meet my two friends. I am accused of having treacherously murdered them. There is a Providence above us! If there is such a thing as an immortal soul, I shall see Hippolyte and Auguste Ballet again. This is no empty declamation; I don't ask for human pity" (raising his hands to heaven), "I look to God's mercy, and shall go joyfully to the scaffold. My conscience is clear. It will not reproach me even when I feel" (putting his hands to his neck). "Alas! It is easier to feel what I am feeling than to express what I dare not express." (In a feeble voice): "You have desired my death; you have it!" The judges retired to consider the sentence. The candles were guttering, the light of the lamps was beginning to fade; the aspect of the court grim and terrible. M. Roussel broke down and
Castaing was not ashamed to appeal to the Court of Cassation for a revision of his trial, but on December 4 his appeal was rejected. Two days later he was executed. He had attempted suicide by means of poison, which one of his friends had brought to him in prison, concealed inside a watch. His courage failed him at the last, and he met his death in a state of collapse.
It is not often, happily, that a young man of gentle birth and good education is a double murderer at twenty-six. And such a soft, humble, insinuating young man too!—good to his mother, good to his mistress, fond of his children, kind to his patients. Yet this gentle creature can deliberately poison his two friends. Was ever such a contradictory fellow?
A Book of Remarkable Criminals | ||