A CAUSE CÉLÈBRE

On the 1st July 1750 Madame Ferron, washerwoman of Vanvres, entered Paris riding on a jackass in the flower of its age. The good lady had come a-marketing; and on reaching the house of M. Nepveux, grocer, near the Porte S. Jacques, she descended from Neddy’s back, and entered the shop, leaving the animal attached to the railings by his halter. After having made some purchases of soap and potash she asked the shopman to keep his eye on her ass whilst she went a few doors off to purchase some salt. This he neglected to do—Hinc illÆ lacrymÆ. A few moments after Madame Ferron had disappeared there passed Madame Leclerc, wife of a florist in Paris, mounted on a she-ass of graceful proportions and engaging appearance.

It has been questioned by some whether love at first sight is not altogether a fiction of poets and romancers. We are happy to be able to record an instance of this on unimpeachable historical evidence. A mutual passion kindled in the veins of these two asses simultaneously, during the brief space of time occupied by Madame Leclerc in passing before the grocer’s shop. Their eyes met.

The she-ass, unable to express the ardour of her affection by any other means, brayed thrice in the most tender and impassioned manner. The jackass replied with corresponding sentiment. He panted to approach her, but was restrained by his halter. To love, however, nothing is impossible; or, as the Latin syntax has it, “Amor omnia vincit.” He tossed his head, broke the cord, and trotted after the mistress of his affections.

Madame Leclerc adjured Neddy. Ladies do not like their servants to encourage followers. She shook her head at the lover and bade him return. But passion sometimes renders its victims insensible to the dictates of duty; Neddy still pursued.

On arriving at her door, near the Porte du Demandeur, the florist’s wife caught up a stick, and charged from her doorstep upon the young and ardent lover. The lady was exasperated at the silent contempt he had exhibited for her entreaties and objurgations. She hit him on the nose, she whacked his ribs, she beat his back, and the poor ass brayed with pain and rising indignation. The she-ass brayed sympathetically.

Madame Leclerc’s blows fell faster and more furiously, and then the lion under the ass’s skin became apparent. Neddy reared, and falling on the old lady, bit her in the arm.

The brayings of the animals and the cries of the lady attracted a crowd, and the combatants were parted. The washerwoman’s ass was consigned, with back-turned ears and palpitating sides, to confinement in a stable. Madame Leclerc retired to her apartment exhausted from her battle, and fainted, with feminine dexterity, into the extended arms of monsieur the florist, her husband, and monsieur the deputy florist, his assistant. By slow degrees the lady was brought round, by means of feathers burned under her nose, and a drop of cordial distilled down her throat. And where was the she-ass, the cause of all this mischief? She had been turned out into a clover-field. Such is the way of the world.

Next day the gardener’s wife sent notice to the shop of M. Nepveux that “If any one had lost an ass he would find it at the house of a floral gardener, Faubourg S. Marceau, near the Gobelins.”

Jacques Ferron, husband of the lady who had gone a-marketing on Neddy, had spent the night, as we learn from his express declaration in Court, on the borders of insanity. Not a wink of sleep visited his eyes during the hours of darkness, and the dawn broke upon him tossing feverishly on his pillow, with all the bedclothes in a heap upon the floor.

The news of his Neddy’s whereabouts being discovered, restored his spirits to equanimity. He wept for joy, and despatched his wife to claim the truant, whilst he himself remained in his doorway, with palpitating bosom and extended arms, ready to embrace the returning prodigal.

But, alas! Madame Ferron, on reaching the gardener’s house, learned to her dismay that she was involved in further misfortune. Madame Leclerc demanded damages for the bite she had received, to the amount of 1500 livres, and the ass would not be given up till the sum demanded was paid. Tears and entreaties were in vain; and the washerwoman returned to her husband with drooping head and a soul ravaged by despair.

On the following day, 4th July, a claim against Jacques Ferron for the sum of 1500 livres damages, and 20 sous a day for the keep of the ass, was lodged with the Commissaire Laumonier.

On the 21st August the Court ordered Leclerc to bring forward evidence to establish his claim, and the defendant was bidden challenge it. The case was heard on the 29th of the same month.

The plaintiff urged that his wife had been brutally assaulted by an enraged jackass belonging to the defendant, had been seriously alarmed by its ferocity, and had been severely bitten in the arm.

The damages claimed were reduced to 1200 livres, and payment was demanded, as before, for the keep of the delinquent.

The defence of Ferron was to this effect:—

“The ass of the washerwoman was tied to a railing. It was not likely to break away unless induced to do so by some one else. The she-ass of the plaintiff was the cause of the jackass breaking its halter and pursuing Madame Leclerc. Consequently the defendant was not responsible for what ensued.

“The distance between the Porte S. Jacques and the Gobelins is considerable, and the streets full of traffic. Had the florist’s wife wished to get rid of the jackass, there were numerous persons present who would have assisted her; but from her not asking assistance, it was rendered highly probable that she had deliberately formed the design of profiting by the circumstance, and of appropriating to herself the pursuing ass.

“The plaintiff pretends that 1200 livres are due to her because she was bitten by the ass of the defendant. No medical certificate of the date is produced, but only one a month after the transaction. No evidence is offered that this bite was given by Ferron’s ass, and the wound attested by the medical certificate may have been given by the ass of the plaintiff. But supposing the bite were that of Ferron’s ass, was not the poor beast driven to defend itself from the blows of the defendant? Is an ass bound to suffer itself to be maltreated with impunity?

“Asses are by nature gentle and pacific animals, and are not included amongst the carnivorous and dangerous beasts. Yet the sense of self-preservation is one of the rudimentary laws of nature, and the most gentle and docile brutes will defend themselves when attacked. Is it to be wondered at that the tender-spirited and love-lorn Neddy, when fallen upon by a ferocious woman armed with a thick club, her eyes scintillating with passion, her face flaming, her teeth gnashing, and foam issuing from her purple lips, whilst from her labouring bosom escape oaths and curses, at once profane and insensate—such as sacrÉ bleu, and ventre gris, suggesting the probability that the utterer of the said expressions was a raving maniac; is it to be wondered at that Neddy when thus assaulted, and by such a person, should fall back on the first law of nature and defend himself?

“The opinion of Donat. (Loix Civiles, tom. i. lib. 2, tit. 8) is conclusive, for it enunciates the law (xi. tit. 2, lib. 9) Si quadrupes paup. fec., ff.

“‘If a dog or any other animal bites, or does any other injury because it has been struck or wilfully exasperated, he who gave occasion to the injury shall be held responsible for it, and if he be the individual who has suffered he must impute it to himself.’

“Now the woman Leclerc was not content with merely exasperating the jackass of Ferron, she almost stunned it with blows. She has therefore little reason for bringing so unfounded a claim for damages before the Court. Si instigatu alterius fera damnum dederit, cessabit hÆc actio (Liv. i. § 6, lib. I).

“The more one reflects,” continued the counsel for the defendant, “upon the conduct of Madame Leclerc on this occasion, the less blameless appear her motives. If, as seems probable, she designed to gain possession of the donkey, she richly deserved the bite which she complains of having received. Pierre Leclerc cannot plead that his wife did not irritate the ass, for this is proved by the very witnesses whom he summoned to sustain his case. They stated in precise terms that ‘they saw Madame Leclerc pass, mounted on a she-ass, followed by a jackass, to which the said woman Leclerc dealt sundry blows, with the intention of driving it off; that, on reaching her door, and the animal approaching nearer, she beat him violently, and that then the said jackass bit her in the arm.’

“But further, who induced the ass to break his halter and follow the woman Leclerc as far as the Gobelins? Madame Leclerc’s ass, and none other but she. Having thus drawn another person’s animal away from its owner, and having placed it in her own stable, she claims 20 sous a day for the keep of an ass which Pierre Leclerc has retained on his own authority, against the will of the legitimate owner, from 1st July to 1st September, using it daily for going to market; thus, in all, he demands 60 livres for the keep of the beast. Although the price is twice the value of the ass itself, Ferron does not dispute the amount; he contents himself with observing that the woman Leclerc having brought upon herself the wound from the bite of the ass, which is the subject of litigation, she was not thereby morally or legally justified in detaining the animal that bit her till her demand for compensation was satisfied. If she fed and tended it, she was amply repaid by the use she and her husband made of it for carrying heavy burdens daily to market.

“On the other hand, Ferron has suffered from the loss of his ass, through its unjustifiable detention. He has been compelled to hire a horse during two months to carry on his business, and this has involved him in expenses beyond his means. For this loss Ferron will claim indemnification at the hands of Leclerc.”

Such was the case of the defendant. Along with it were handed in the two following certificates, the latter of which, as giving a character for morality and respectability to a donkey, is certainly a curiosity.

Certificate of the Sieur Nepveux, grocer, at whose shop-door the ass was tied.

I, the undersigned, certify that on the 2nd July 1750 the day after the ass of the defendant Jacques Ferron, which had been attached to my door, had followed the female ass of the person Leclerc, there came, at seven o’clock in the morning, a woman to ask whether an ass had not been lost here; whereupon I replied in the affirmative. She told me that the individual who had lost it might come and fetch it, and that it would be returned to her; and that it was at a floral gardener’s in the Faubourg St. Marcel, near the Gobelins: in testimony to the truth of which I set-to my hand.

(Signed) Nepveux, grocer.

Porte Saint Jacques, Paris,
20th August 1720.

Certificate of the CurÉ, and the principal inhabitants of the parish of Vanvres to the moral character of the Jackass of Jacques Ferron.

We, the undersigned, the Prieur-CurÉ, and the inhabitants of the parish of Vanvres, having knowledge that Marie FranÇoise Sommier, wife of Jacques Ferron, has possessed a jackass during the space of four years for the carrying on of their trade, do testify, that during all the while that they have been acquainted with the said ass, no one has seen any evil in him, and he has never injured any one; also, that during the six years that it belonged to another inhabitant, no complaints were ever made touching the said ass, nor was there a breath of a report of the said ass having ever done any wrong in the neighbourhood; in token whereof, we, the undersigned, have given him the present character.