University of Virginia Library

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

poverty of his adored mistress, and place her and her children beyond the reach of want. In 1821 Castaing became a duly qualified doctor, and by that time had added to the responsibilities of his mistress and himself by becoming the father of two children, whom she had brought into the world. The lady was exigent, and Castaing found it difficult to combine his work with a due regard to her claims on his society. Nor was work plentiful or lucrative. To add to his embarrassments Castaing, in 1818, had backed a bill for a friend for 600 francs. To meet it when it fell due two years later was impossible, and desperate were the efforts made by Castaing and his mother to put off the day of reckoning. His father, displeased with his son's conduct, would do nothing to help him. But his mother spared no effort to extricate him from his difficulties. She begged a highly placed official to plead with the insistent creditor, but all in vain. There seemed no hope of a further delay when suddenly, in the October of 1822, Castaing became the possessor of 100,000 francs. How he became possess ed of this considerable sum of money forms part of a strange and mysterious story.

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;

he became indolent and dissipated. His brother Hippolyte, on the other hand, had justified the affectionate care bestowed on his upbringing; he had grown into a studious, intelligent youth of a refined and attractive temperament. Unhappily, early in his life he had developed consumption, a disease he inherited from his mother. As he grew older his health grew steadily worse until, in 1822, his friends were seriously alarmed at his condition. It became so much graver that, in the August of that year, the doctors recommended him to take the waters at Enghien. In September he returned to Paris apparently much better, but on October 2 he was seized with sudden illness, and three days later he was dead.

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

said that he was having leeches applied to him by his friend Castaing. On the Wednesday evening his sister saw him again, and found him well and with a good appetite. On the Thursday, after a night disturbed by severe attacks of vomiting, his condition seemed serious. His brother-in-law, who visited him, found that he had taken to his bed, his face was swollen, his eyes were red. His sister called in the evening, but could not see him. The servants told her that her brother was a little better but resting, and that he did not wish to be disturbed; they said that Dr. Castaing had been with him all day. On Friday Castaing himself called on the Martignons, and told them that Hippolyte had passed a shockingly bad night. Madame Martignon insisted on going to nurse her brother herself, but Castaing refused positively to let her see him; the sight of her, he said, would be too agitating to the patient. Later in the day Mme. Martignon went to her brother's house. In order to obey Dr. Castaing's injunctions, she dressed herself in some of the clothes of the servant Victoire, in the hope that if she went into his bedroom thus disguised, Hippolyte would not recognise her. But even this subterfuge was forbidden by Castaing, and Mme. Martignon had to content herself with listening in an adjoining room for the sound of her brother's voice. At eight o'clock that evening the Martignons learnt that Hippolyte was better, but at ten o'clock they received a message that he was dying, and that his brother Auguste had been sent for. Mme. Martignon was prostrated with grief, but her husband hastened to his brother-in-law's house. There he found Castaing, who said that the death agony of his friend was so dreadful that he had not the strength to remain in the room with the dying man. Another doctor was sent for, but at ten o'clock the following morning, after protracted suffering, Hippolyte Ballet passed away.

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

an order on the Bank of France for that amount. The same day Prignon took the order to Auguste. Accompanied by Castaing and Jean, Auguste's black servant, Auguste and Prignon drove to the bank. There the order was cashed. Prignon's part of the business was at an end. He said good-bye to Auguste outside the bank. As the latter got into his cabriolet, carrying the bundle of notes, Prignon heard him say to Castaing: "There are the 100,000 francs."

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

Bank of France with Prignon on October 8, Auguste and Castaing drove together to Lebret's office. The negro servant said that on arriving there one of them got out of the cab and went up to Lebret's house, but which of the two he would not at first say positively. Later he swore that it was Auguste Ballet. Whatever happened on that visit to Lebret's—and it was the theory of the prosecution that Castaing and not Auguste had gone up to the office—the same afternoon Auguste Ballet showed his mistress the seals of the copy of his brother's will which Lebret had destroyed, and told her that Lebret, all through the business, had refused to deal directly with him, and would only act through the intermediary of Castaing.

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

in October the state of his finances at his death clearly proved. According to the theory of the prosecution, Auguste believed that he had paid that money to Lebret through the intermediary of Castaing, and not to Castaing himself. Hence his surprise at hearing that Castaing, whom he knew to be impecunious, was investing such a sum as 8,000 francs.

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

the fact of the destruction of the will come to the ears of the Martignons, it is unlikely that they would have taken any steps involving the disgrace of Auguste.

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

100,000 francs out of his securities, and that he kept the money locked up in a drawer in his desk. If Auguste's fortune were dissipated by extravagance, or he revoked his will, Castaing stood to lose heavily. As time went on Castaing felt less and less sure that he could place much reliance on the favourable disposition or thrift of Auguste. The latter had fallen in love with a new mistress; he began to entertain expensively; even if he should not change his mind and leave his money away from Castaing, there might very soon be no money to leave. At the end of May, 1823, Castaing consulted a cousin of his, Malassis, a notary's clerk, as to the validity of a will made by a sick man in favour of his medical attendant. He said that he had a patient gravely ill who, not wishing to leave his money to his sister, whom he disliked, intended to leave it to him. Malassis reassured him as to the validity of such a will, and gave him the necessary instructions for preparing it. On May 29 Castaing sent Malassis the will of Auguste Ballet with the following note, "I send you the will of M. Ballets examine it and keep it as his representative." The will was dated December 1, 1822, and made Castaing sole legatee. On the same day that the will was deposited with Malassis, Castaing and Auguste Ballet started to-gether on a little two days' trip into the country. To his friends Auguste seemed in the best of health and spirits; so much so that his housekeeper remarked as he left how well he was looking, and Castaing echoed her remark, saying that he looked like a prince!

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

dined at the hotel at seven, went out again and returned about nine o'clock. Soon after their return Castaing ordered some warmed wine to be sent up to the bedroom. It was taken up by one of the maid-servants. Two glasses were mixed with lemon and sugar which Castaing had brought with him. Both the young men drank of the beverage. Auguste complained that it was sour, and thought that he had put too much lemon in it. He gave his glass to the servant to taste, who also found the drink sour. Shortly after she left the room and went upstairs to the bedside of one of her fellow-servants who was ill. Castaing, for no apparent reason, followed her up and stayed in the room for about five minutes. Auguste spent a bad night, suffering from internal pains, and in the morning his legs were so swollen that he could not put on his boots.

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

by one of the servants. Shortly after this Castaing went out again. During his absence Auguste was seized with violent pains and sickness. When Castaing returned he found his friend in the care of the people of the hotel. He told them to throw away the matter that had been vomited, as the smell was offensive, and Auguste told them to do as his friend directed. Castaing proposed to send for a doctor from Paris, but Auguste insisted that a local doctor should be called in at once.

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

feeling very ill. Jean said that he hoped he would be well enough to go back to Paris the following day, to which Auguste replied, "I don't think so. But if I am lucky enough to get away to-morrow, I shall leave fifty francs for the poor here." About eleven o'clock that night Castaing, in Jean's presence, gave the sick man a spoonful of the draught prescribed by Dr. Pigache. Four or five minutes later Auguste was seized with terrible convulsions, followed by unconsciousness. Dr. Pigache was sent for. He found Ballet lying on his back unconscious, his throat strained, his mouth shut and his eyes fixed; the pulse was weak, his body covered with cold sweat; and every now and then he was seized with strong convulsions. The doctor asked Castaing the cause of the sudden change in Ballet's condition. Castaing replied that it had commenced shortly after he had taken a spoonful of the draught which the doctor had prescribed for him. Dr. Pigache bled the patient and applied twenty leeches. He returned about six; Ballet was sinking, and Castaing appeared to be greatly upset. He told the doctor what an unhappy coincidence it was that he should have been present at the deathbeds of both Hippolyte and his brother Auguste; and that the position was the more distressing for him as he was the sole heir to Auguste's fortune. To M. Pelletan, a professor of medicine, who had been sent for to St. Cloud in the early hours of Sunday morning, Castaing appeared to be in a state of great grief and agitation; he was shedding tears. Pelletan was from the first impressed by the suspicious nature of the case, and pointed out to Castaing the awkwardness of his situation as heir to the dying man. "You're right," replied Castaing, "my position is dreadful, horrible. In my great grief I had never thought of it till now, but now you make me see it clearly. Do you think there will be an investigation?" Pelletan answered that he should be compelled to ask for a post-mortem. "Ah! You will be doing me the greatest service," said Castaing, "I beg you to insist on a post-mortem. You will be acting as a second father to me in doing so." The parish priest was sent for to administer extreme unction to the dying man. To the parish clerk who accompanied the priest Castaing said, "I am losing a friend of my childhood," and both priest and clerk went away greatly edified by the sincere sorrow and pious demeanour of the young doctor. About mid-day on Sunday, June 1, Auguste Ballet died.

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

of some of the circumstances with those of the death of Hippolyte, all combined to excite suspicion. Asked if Auguste had left a will Castaing said no; but the next day he admitted its existence, and said that it was in the hands of Malassis.

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.