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 his madness. But after three days of futile effort he gave up the attempt, and turned his attention to more practical means of defence. In the prison at Versailles, whither he had been removed from Paris, he got on friendly terms with a prisoner, one Goupil, who was awaiting trial for some unimportant offence. To Goupil Castaing described the cruelty of his position and the causes that had led to his wrongful arrest. He admitted his unfortunate possession of the poison, and said that the 100,000 francs which he had invested he had inherited from an uncle. Through Goupil he succeeded in communicating with his mother in the hope that she would use her influence to stifle some of the more serious evidence against him. Through other prisoners he tried to get at the chemists from whom he had bought acetate of morphia, and persuade them to say that the preparation of morphia which he had purchased was harmless.
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 in the course of the trial, nor was his mistress called as a witness, though payments of money by Castaing to her formed an important part of the evidence against him. Again, the evidence of Goupil, his fellow prisoner, as to the incriminating statements made to him by Castaing is given in the Act of Accusation, but Goupil himself was not called at the trial.
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 of Mlle. Percillie, Auguste's mistress, that statements to this effect had been made in her presence by both Auguste Ballet and himself, he said that it was not true; that he had never been to her house. "What motive," he was asked, "could Mlle. Percillie have for accusing you?" "She hated me," was the reply, "because I had tried to separate Auguste from her." Castaing denied that he had driven with Auguste to Lebret's office on October 8. Asked to explain his sudden possession of 100,000 francs at a moment when he was apparently without a penny, he repeated his statement that Auguste had given him the capital sum as an equivalent for an income of 4,000 francs which his brother had intended to leave him. "Why, when first asked if you had received anything from Auguste, did you say you had received nothing?" was the question.
"It was a thoughtless statement," was the answer. "Why," pursued the President, "should you not have admitted at once a fact that went to prove your own good faith? If, however, this fact be true, it does not explain the mysterious way in which Auguste asked Prignon to raise for him 100,000 francs; and unless those 100,000 francs were given to you, it is impossible to account for them. It is important to your case that you should give the jury a satisfactory explanation on this point." Castaing could only repeat his previous explanations.
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 up on the night of May 30, he went up to the room where one of the servants of the hotel was lying sick. Castaing replied that he was sent for by the wife of the hotel-keeper. This the woman denied; she said that she did not even know that he was a doctor. "According to the prosecution," said the judge, "you left the room in order to avoid drinking your share of the wine." Castaing said that he had drunk half a cupful of it. The judge reminded him that to one of the witnesses Castaing had said that he had drunk only a little.
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 admit that he had allowed, if not ordered, the evacuations of the sick man to be thrown away. He stated that he had thrown away the morphia and antimony, which he had bought in Paris, in the closets of the hotel, because, owing to the concatenation of circumstances, he thought that he would be suspected of murder. In reply to a question from one of the jury, Castaing said that he had mixed the acetate of morphia and tartar emetic together before reaching Saint Cloud, but why he had done so he could not explain.
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.(14) Castaing said that he had mixed the acetate of morphia and tartar emetic together, but in any case no trace of either poison was found in Auguste's body, and his illness might, from all appearances, have been occasioned by natural causes. Some attempt was made by the prosecution to prove that the apoplexy to which Hippolyte Ballet had finally succumbed, might be attributed to a vegetable poison; one of the doctors expressed an opinion favourable to that conclusion "as a man but not as a physician." But the evidence did not go further.
(14) 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 was a severe one. It lasted eight days. It was only at midday on the sixth day that the evidence was concluded. Not only was Castaing compelled to submit to a long interrogatory by the President, but, after each witness had given his or her evidence, the prisoner was called on to refute or explain any points unfavourable to him. This he did briefly, with varying success; as the trial went on, with increasing embarrassment. A great deal of the evidence given against Castaing was hearsay, and would have been inadmissible in an English court of justice. Statements made by Auguste to other persons about Castaing were freely admitted. But more serious was the evidence of Mlle. Percillie, Auguste's mistress. She swore that on one occasion in her presence Castaing had reproached Auguste with ingratitude; he had complained that he had destroyed one copy of Hippolyte Ballet's will, and for Auguste's sake had procured the destruction of the other, and that yet, in spite of all this, Auguste hesitated to entrust him with 100,000 francs. Asked what he had to say to this statement Castaing denied its truth. He had, he said, only been in Mlle. Percillie's house once, and then not with Auguste Ballet. Mlle. Percillie adhered to the truth of her evidence, and the President left it to the jury to decide between them.
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 Castaing and the clerk, and so learnt the details of his sister's intrigue. He at once destroyed the will and became reconciled with his brother, whom he had been about to disinherit. After his death the brother, out of gratitude, had given Castaing 100,000 francs.
President: Castaing, did you tell this story to Mme. Durand?
Castaing: I don't recollect.
Avocat-General: But Mme. Durand says that you did.
Castaing: I don't recollect.
President: You always say that you don't recollect; th............