1804.
Trial of Moreau, Georges, and others—Public interest excited by
Moreau—Arraignment of the prisoners—Moreau's letter to Bonaparte—
Violence of the President of the Court towards the prisoners—
Lajolais and Rolland—Examinations intended to criminate Moreau—
Remarkable observations—Speech written by M. Garat—Bonaparte's
opinion of Garat's eloquence—General Lecourbe and Moreau's son—
Respect shown to Moreau by the military—Different sentiments
excited by Georges and Moreau—Thoriot and 'Tui-roi'—Georges'
answers to the interrogatories—He refuses an offer of pardon—
Coster St. Victor—Napoleon and an actress—Captain Wright—
M. de Riviere and the medal of the Comte d'Artois—Generous struggle
between MM. de Polignac—Sentence on the prisoners—Bonaparte's
remark—Pardons and executions.
On the 28th of May, about ten days after Napoleon had been declared Emperor, the trials of Moreau and others commenced. No similar event that has since occurred can convey an idea of the fermentation which then prevailed in Paris. The indignation excited by Moreau's arrest was openly manifested, and braved the observation of the police. Endeavours had been successfully made to mislead public opinion with respect to Georges and some others among the accused, who were looked upon as assassins in the pay of England, at least by that numerous portion of the public who lent implicit faith to declarations presented to them as official. But the case was different with regard to those individuals who were particularly the objects of public interest,—viz. MM. de Polignac, de Riviere, Charles d'Hozier, and, above all, Moreau. The name of Moreau towered above all the rest, and with respect to him the Government found itself not a little perplexed. It was necessary on the one hand to surround him with a guard sufficiently imposing, to repress the eagerness of the people and of his friends, and yet on the other hand care was required that this guard should not be so strong as to admit of the possibility of making it a rallying-point, should the voice of a chief so honoured by the army appeal to it for defence. A rising of the populace in favour of Moreau was considered as a very possible event,—some hoped for it, others dreaded it. When I reflect on the state of feeling which then prevailed, I am certain that a movement in his favour would infallibly have taken place had judges more complying than even those who presided at the trial condemned Moreau to capital punishment.
It is impossible to form an idea of the crowd that choked up the avenues of the Palace of Justice on the day the trials commenced. This crowd continued during the twelve days the proceedings lasted, and was exceedingly great on the day the sentence was pronounced. Persons of the highest class were anxious to be present.
I was one of the first in the Hall, being determined to watch the course of these solemn proceedings. The Court being assembled, the President ordered the prisoners to be brought in. They entered in a file, and ranged themselves on the benches each between two gendarmes. They appeared composed and collected, and resignation was depicted on the countenances of all except Bouvet de Lozier, who did not dare to raise his eyes to his companions in misfortune, whom his weakness, rather than his will, had betrayed. I did not recognise him until the President proceeded to call over the prisoners, and to put the usual questions respecting their names, professions, and places of abode. Of the forty-nine prisoners, among whom were several females, only two were personally known to me; namely, Moreau, whose presence on the prisoner's bench seemed to wring every heart, and Georges, whom I had seen at the Tuileries in the First Consul's cabinet.
The first sitting of the Court was occupied with the reading of the act of accusation or indictment, and the voices of the ushers, commanding silence, could scarce suppress the buzz which pervaded the Court at the mention of Moreau's name. All eyes were turned towards the conqueror of Hohenlinden, and while the Procureur Imperial read over the long indictment and invoked the vengeance of the law on an attempt against the head of the Republic, it was easy to perceive how he tortured his ingenuity to fasten apparent guilt on the laurels of Moreau. The good sense of the public discerned proofs of his innocence in the very circumstances brought forward against him. I shall never forget the effect produced—so contrary to what was anticipated by the prosecutors—by the reading of a letter addressed by Moreau from his prison in the Temple to the First Consul, when the judges appointed to interrogate him sought to make his past conduct the subject of accusation, on account of M. de Klinglin's papers having fallen into his hands. He was reproached with having too long delayed transmitting these documents to the Directory; and it was curious to see the Emperor Napoleon become the avenger of pretended offences committed against the Directory which he had overthrown.
In the letter here alluded to Moreau said to Bonaparte, then First Consul—
"In the short campaign of the year V. (from the 20th to the 23d of
March 1797) we took the papers belonging to the staff of the enemy's
army, and a number of documents were brought to me which General
Desaix, then wounded, amused himself by perusing. It appeared from
this correspondence that General Pichegru had maintained
communications with the French Princes. This discovery was very
painful, and particularly to me, and we agreed to say nothing of the
matter. Pichegru, as a member of the Legislative Body, could do but
little to injure the public cause, since peace was established. I
nevertheless took every precaution for protecting the army against
the ill effects of a system of espionage. . . . The events of
the 18th Fructidor occasioned so much anxiety that two officers, who
knew of the existence of the correspondence, prevailed on me to
communicate it to the Government. . . . I felt that, as a
public functionary, I could no longer remain silent. . . .
During the two last campaigns in Germany, and since the peace,
distant overtures have been made to me, with the view of drawing me
into connection with the French Princes. This appeared so absurd
that I took no notice of these overtures. As to the present
conspiracy, I can assure you I have been far from taking any share
in it. I repeat to you, General, that whatever proposition to that
effect was made me, I rejected it, and regarded it as the height of
madness. When it was represented to me that the invasion of England
would offer a favourable opportunity for effecting a change in the
French Government, I invariably answered that the Senate was the
authority to which the whole of France would naturally cling in the
time of trouble, and that I would be the first to place myself under
its orders. To such overtures made to a private individual, who
wished to preserve no connection either with the army, of whom
nine-tenths have served under me, or any constituted authority, the
only possible answer was a refusal. Betrayal of confidence I
disdained. Such a step, which is always base, becomes doubly odious
when the treachery is committed against those to whom we owe
gratitude, or have been bound by old friendship.
"This, General, is all I have to tell you respecting my relations
with Pichegru, and it must convince you that very false and hasty
inferences have been drawn from conduct which, though perhaps
imprudent, was far from being criminal."
Moreau fulfilled his duty as a public functionary by communicating to the Directory the papers which unfolded a plot against the Government, and which the chances of war had thrown into his hands. He fulfilled his duty as a man of honour by not voluntarily incurring the infamy which can never be wiped from the character of an informer. Bonaparte in Moreau's situation would have acted the same part, for I never knew a man express stronger indignation than himself against informers, until he began to consider everything a virtue which served his ambition, and everything a crime which opposed it.
The two facts which most forcibly obtruded themselves on my attention during the trial were the inveterate violence of the President of the Court towards the prisoners and the innocence of Moreau.
—[It is strange that Bourrienne does not acknowledge that he was
charged by Napoleon with the duty of attending this trial of Moreau,
and of sending in a daily report of the proceedings.]—
But, in spite of the most insidious examinations which can be conceived, Moreau never once fell into the least contradiction. If my memory fail me not, it was on the fourth day that he was examined by Thuriot, one of the judges. The result, clear as day to all present, was, that Moreau was a total stranger to all the plots, all the intrigues which had been set on foot in London. In fact, during the whole course of the trial, to which I listened with as much attention as interest, I did not discover the shadow of a circumstance which could in the least commit him, or which had the least reference to him. Scarcely one of the hundred and thirty-nine witnesses who were heard for the prosecution knew him, and he himself declared on the fourth sitting, which took place on the 31st of May, that there was not an individual among the accused whom he knew,—not one whom he had ever seen. In the course of the long proceedings, notwithstanding the manifest efforts of Thuriot to extort false admissions and force contradictions, no fact of any consequence was elicited to the prejudice of Moreau. His appearance was as calm as his conscience; and as he sat on the bench he had the appearance of one led by curiosity to be present at this interesting trial, rather than of an accused person, to whom the proceedings might end in condemnation and death. But for the fall of Moreau in the ranks of the enemy,—but for the foreign cockade which disgraced the cap of the conqueror of Hohenlinden, his complete innocence would long since have been put beyond doubt, and it would have been acknowledged that the most infamous machinations were employed for his destruction. It is evident that Lajolais, who had passed from London to Paris, and from Paris to London, had been acting the part of an intriguer rather than of a conspirator; and that the object of his missions was not so much to reconcile Moreau and Pichegru as to make Pichegru the instrument of implicating Moreau. Those who supposed Lajolais to be in the pay of the British Government were egregiously imposed on. Lajolais was only in the pay of the secret police; he was condemned to death, as was expected, but he received his pardon, as was agreed upon. Here was one of the disclosures which Pichegru might have made; hence the necessity of getting him out of the way before the trial. As to the evidence of the man named Rolland, it was clear to everybody that Moreau was right when he said to the President, "In my opinion, Rolland is either a creature of the police, or he has given his evidence under the influence of fear." Rolland made two declarations the first contained nothing at all; the second was in answer to the following observations: "You see you stand in a terrible situation; you must either be held to be an accomplice in the conspiracy, or you must be taken as evidence. If you say nothing, you will be considered in the light of an accomplice; if you confess, you will be saved." This single circumstance may serve to give an idea of the way the trials were conducted so as to criminate Moreau. On his part the general repelled the attacks, of which he was the object, with calm composure and modest confidence, though flashes of just indignation would occasionally burst from him. I recollect the effect he produced upon the Court and the auditors at one of the sittings, when the President had accused him of the design of making himself Dictator. He exclaimed, "I Dictator! What, make myself Dictator at the head of the partisans of the Bourbons! Point out my partisans! My partisans would naturally be the soldiers of France, of whom I have commanded nine-tenths, and saved more than fifty thousand. These are the partisans I should look to! All my aides de camp, all the officers of my acquaintance, have been arrested; not the shadow of a suspicion could be found against any of them, and they have been set at liberty. Why, then, attribute to me the madness of aiming to get myself made Dictator by the aid of the adherents of the old French Princes, of persons who have fought in their cause since 1792? You allege that these men, in the space of four-and-twenty hours, formed the project of raising me to the Dictatorship! It is madness to think of it! My fortune and my pay have been alluded to; I began the world with nothing; I might have had by this time fifty millions; I have merely a house and a bit of ground; as to my pay, it is forty thousand francs. Surely that sum will not be compared with my services."
During the trial Moreau delivered a defence, which I knew had been written by his friend Garat, whose eloquence I well remember was always disliked by Bonaparte. Of this I had a proof on the occasion of a grand ceremony which took place in the Place des Victoires, on laying the first stone of a monument which was to have been erected to the memory of Desaix, but which was never executed. The First Consul returned home in very ill-humour, and said to me, "Bourrienne, what a brute that Garat is! What a stringer of words! I have been obliged to listen to him for three-quarters of an hour. There are people who never know when to hold their tongues!"
Whatever might be the character of Garat's eloquence or Bonaparte's opinion of it, his conduct was noble on the occasion of Moreau's trial; for he might be sure Bonaparte would bear him a grudge for lending the aid of his pen to the only man whose military glory, though not equal to that of the First Consul, might entitle him to be looked upon as his rival in fame. At one of the sittings a circumstance occurred which produced an almost electrical effect. I think I still see General Lecourbe, the worthy friend of Moreau, entering unexpectedly into the Court, leading a little boy. Raising the child in his arms, he exclaimed aloud, and with considerable emotion, "Soldiers, behold the son of your general!"
—[This action of Lecourbe, together with the part played in this
trial by his brother, one of the judges, was most unfortunate, not
only for Lecourbe but for France, which consequently lost the
services of its best general of mountain warfare. His campaigns of
Switzerland in 1799 on the St. Gothard against Suwarrow are well
known. Naturally disgraced for the part he took with Moreau, he was
not again employed till the Cent Jours, when he did good service,
although he had disapproved of the defection of Ney from the
Royalist cause. He died in 1816; his brother, the judge, had a most
furious reception from Napoleon, who called him a prevaricating
judge, and dismissed him from his office (R閙usat, tome ii. p.
8).]—
At this unexpected movement all the military present spontaneously rose and presented arms; while a murmur of approbation from the spectators applauded the act. It is certain that had Moreau at that moment said but one word, such was the enthusiasm in his favour, the tribunal would have been broken up and the prisoners liberated. Moreau, however, was silent, and indeed appeared the only unconcerned person in Court. Throughout the whole course of the trial Moreau inspired so much respect that when he was asked a question and rose to reply the gendarmes appointed to guard him rose at the same time and stood uncovered while he spoke.
Georges was far from exciting the interest inspired by Moreau. He was an object of curiosity rather than of interest. The difference of their previous conduct was in itself sufficient to occasion a great contrast in their situation before the Court. Moreau was full of confidence and Georges full of resignation. The latter regarded his fate with a fierce kind of resolution. He occasionally resumed the caustic tone which he seemed to have renounced when he harangued his associates before their departure from the Temple. With the most sarcastic bitterness he alluded to the name and vote of Thuriot, one of the most violent of the judges, often terming him 'Tue-roi';
—[Thuriot and the President Hemart both voted for the death of the
King. Merlin, the imperial Procureur-General, was one of the
regicides.—Bourrienne.]—
and after pronouncing his name, or being forced to reply to his interrogatories, he would ask for a glass of brandy to wash his mouth.
Georges had the manners and bearing of a rude soldier; but under his coarse exterior he concealed the soul of a hero. When the witnesses of his arrest had answered the questions of the President Hemart, this judge turned towards the accused, and inquired whether he had anything to say in reply.—"No."—"Do you admit the facts?"—"Yes." Here Georges busied himself in looking over the papers which lay before him, when Hemart warned him to desist, and attend to the questions. The following dialogue then commenced. "Do you confess having been arrested in the place designated by the witness?"—"I do not know the name of the place."—"Do you confess having been arrested?"—"Yes."—"Did you twice fire a pistol?"—"Yes."—"Did you kill a man?"—"Indeed I do not know."— "Had you a poniard?"—"Yes."—"And two pistols?"—"Yes."—"Who was in company with you?"—"I do not know the person."—"Where did you lodge in Paris?"—"Nowhere."—"At the time of your arrest did you not reside in the house of a fruiterer in the Rue de la Montagne St. Genevieve?"— "At the time of my arrest I was in a cabriolet. I lodged nowhere."— "Where did you sleep on the evening of your arrest?"—"Nowhere."—"What were you doing in Paris?"—"I was walking about."—"Whom have you seen in Paris?"—"I shall name no one; I know no one."
From this short specimen of the manner in which Georges replied to the questions of the President we may judge of his unshaken firmness during the proceedings. In all that concerned himself he was perfectly open; but in regard to whatever tended to endanger his associates he maintained the most obstinate silence, notwithstanding every attempt to overcome his firmness.
That I was not the only one who justly appreciated the noble character of Georges is rendered evident by the following circumstance. Having accompanied M. Carbonnet to the police, where he went to demand his papers, on the day of his removal to St. Pelagic, we were obliged to await the return of M. Real, who was absent. M. Desmarets and several other persons were also in attendance. M. Real had been at the Conciergerie, where he had seen Georges Cadoudal, and on his entrance observed to M. Desmarets and the others, sufficiently loud to be distinctly heard by M. Carbonnet and myself, "I have had an interview with Georges who is an extraordinary man. I told him that I was disposed to offer him a pardon if he would promise to renounce the conspiracy and accept of employment under Government. But to my arguments and persuasions he only replied, 'My comrades followed me to France, and I shall follow them, to death.'" In this he kept his word.
Were we to judge these memorable proceedings from the official documents published in the Moniteur and other journals of that period, we should form a very erroneous opinion. Those falsities were even the object of a very serious complaint on the part of Cosier St. Victor, one of the accused.
After the speech of M. Gauthier, the advocate of Coster St. Victor, the President inquired of the accused whether he had anything further to say in his defence, to which he replied, "I have only to add that the witnesses necessary to my exculpation have not yet appeared. I must besides express my surprise at the means which have been employed to lead astray public opinion, and to load with infamy not only the accused but also their intrepid defenders. I have read with pain in the journals of to-day that the proceedings—" Here the President interrupting, observed that "these were circumstances foreign to the case."—"Not in the least," replied Cosier St. Victor; "on the contrary, they bear very materially on the cause, since mangling and misrepresenting our defence is a practice assuredly calculated to ruin us in the estimation of the public. In the journals of to-day the speech of M. Gauthier is shamefully garbled, and I should be deficient in gratitude were I not here to bear testimony to the zeal and courage which he has displayed in my defence. I protest against the puerilities and absurdities which have been put into his mouth, and I entreat him not to relax in his generous efforts. It is not on his account that I make this observation; he does not require it at my hands; it is for 'myself, it is for the accused, whom such arts tend to injure in the estimation of the public."
Coster St. Victor had something chivalrous in his language and manners which spoke greatly in his favour; he conveyed no bad idea of one of the Fiesco conspirators, or of those leaders of the Fronds who intermingled gallantry with their politics.
An anecdote to this effect was current about the period of the trial. Coster St. Victor, it is related, being unable any longer to find a secure asylum in Paris, sought refuge for a single night in the house of a beautiful actress, formerly in the good graces of the First Consul; and it is added that Bonaparte, on the same night, having secretly arrived on a visit to the lady, found himself unexpectedly in the presence of Coster St. Victor, who might have taken his life; but that only an interchange of courtesy took place betwixt the rival gallants.
This ridiculous story was doubtless intended to throw additional odium on the First Consul, if Cosier St. Victor should be condemned and not obtain a pardon, in which case malignity would not fail to attribute his execution to the vengeance of a jealous lover.
I should blush to relate such stories, equally destitute of probability and truth, had they not obtained some credit at the time. Whilst I was with Bonaparte he never went abroad during the night; and it was not surely at a moment when the saying of Fouch�, "The air is full of poniards," was fully explained that he would have risked such nocturnal adventures.
Wright was heard in the sixth sitting, on the 2d of June, as the hundred and thirty-fourth witness in support of the prosecution. He, however, refused to answer any interrogatories put to him, declaring that, as a prisoner of war, he considered himself only amenable to his own Government.
The Procureur-General requested the President to order the examinations of Captain Wright on the 21st of May' and at a later period to be read over to him; which being done, the witness replied, that it was omitted to be stated that on these occasions the questions had been accompanied with the threat of transferring him to a military tribunal, in order to be shot, if he did not betray the secrets of his country.
In the course of the trial the most lively interest was felt for MM. de Polignac—
—[The eldest of the Polignacs, Armand (1771-1847), condemned to
death, had that penalty remitted, but was imprisoned in Ham till
permitted to escape m 1813. He became Duc de Richelieu in 1817.
His younger brother, Jules (1780-1847) was also imprisoned and
escaped. In 1814 he was one of the first to display the white flag
in Paris. In 1829 he became Minister of Charles X. and was
responsible for the ordinances which cost his master his throne in
1830. Imprisoned, nominally for life, he was released in 1836, and
after passing some time in England returned to France. The
remission of the sentence of death on Prince Armand was obtained by
the Empress Josephine. Time after time, urged on by Madame de
R閙usat, she implored mercy from Napoleon, who at last consented to
see the wife of the Prince. Unlike the Bourbon Louis XVIII., who
could see Madame de Lavalette only to refuse the wretched woman's
prayer for her husband, for Napoleon to grant the interview was to
concede the pardon. The Prince escaped death, and his wife who had
obtained the interview by applying to Madame de R閙usat, when she
met her benefactress in the times of the Restoration, displayed a
really grand forgetfulness of what had passed (see R閙usat, tome ii.
chap. i.).]—
Charles d'Hozier, and de Riviere. So short a period had elapsed since the proscription of the nobility that, independently of every feeling of humanity, it was certainly impolitic to exhibit before the public the heirs of an illustrious name, endowed with that devoted heroism which could not fail to extort admiration even from those who condemned their opinions and principles.
The prisoners were all young, and their situation create universal sympathy. The greatest number of them disdained to have recourse to a denial, and seemed less anxious for the preservation of their own lives than for the honour of the cause in which they had embarked, not with the view of assassination, as had been demonstrated, but for the purpose of ascertaining the true state of the public feeling, which had been represented by some factious intriguers as favourable to the Bourbons. Even when the sword of the law was suspended over their heads the faithful adherents of the Bourbons displayed on every occasion their attachment and fidelity to the royal cause. I recollect that the Court was dissolved in tears when the President adduced as a proof of the guilt of M. de Riviere his having worn a medal of the Comte d'Artois, which the prisoner requested to examine; and, on its being handed to him by an officer, M. de Riviere pressed it to his lips and his heart, then returning it, he said that he only wished to render homage to the Prince whom he loved.
The Court was still more deeply affected on witnessing the generous fraternal struggle which took place during the last sitting between the two De Polignacs. The emotion was general when the eldest of the brothers, after having observed that his always going out alone and during the day did not look like a conspirator anxious for concealment, added these remarkable words which will remain indelibly engraven on my memory: "I have now only one wish, which is that, as the sword is suspended over our heads, and threatens to cut short the existence of several of the accused, you would, in consideration of his youth if not of his innocence, spare my brother, and shower down upon me the whole weight of your vengeance." It was during the last sitting but one, on Friday the 8th of June, that M. Armand de Polignac made the above affecting appeal in favour of his brother. The following day, before the fatal sentence was pronounced, M. Jules de Polignac addressed the judges, saying, "I was so deeply affected yesterday, while my brother was speaking, as not fully to have attended to what I read in my own defence: but being now perfectly tranquil, I entreat, gentlemen, that you will not regard what he urged in my behalf. I repeat, on the contrary, and with most justice, if one of us must fall a sacrifice, if there be yet time, save him, restore him to the tears of his wife; I have no tie like him, I can meet death unappalled;—too young to have tasted the pleasures of the world, I cannot regret their loss."—"No, no," exclaimed his brother, "you are still in the outset of your career; it is I who ought to fall."
At eight in the morning the members of the Tribunal withdrew to the council-chamber. Since the commencement of the proceedings the crowd, far from diminishing, seemed each day to increase; this morning it was immense, and, though the sentence was not expected to be pronounced till a late hour, no one quitted the Court for fear of not being able to find a place when the Tribunal should resume its sitting.
Sentence of death was passed upon Georges Caudoudal, Bouvet de Lozier, Rusillon, Rochelle, Armand de Polignac, Charles d'Hozier, De Riviere, Louis Ducorps, Picot, Lajolais, Roger, Coster St. Victor, Deville, Gaillard, Joyaub, Burban; Lemercier, Jean Cadudol, Lelan, and Merille; while Lies de Polignac, Leridant, General Moreau,—[General Moreau's sentence was remitted, and he was allowed to go to America.]—Rolland, and Hisay were only condemned to two years' imprisonment.
This decree was heard with consternation by the assembly, and soon spread throughout Paris. I may well affirm it to have been a day of public mourning; even though it was Sunday every place of amusement was nearly deserted. To the horror inspired by a sentence of death passed so wantonly, and of which the greater number of the victims belonged to the most distinguished class of society, was joined the ridicule inspired by the condemnation of Moreau; of the absurdity of which no one seemed more sensible than Bonaparte himself, and respecting which he expressed himself in the most pointed terms. I am persuaded that every one who narrowly watched the proceedings of this celebrated trial must have been convinced that all means were resorted to in order that Moreau, once accused, should not appear entirely free from guilt.
Bonaparte is reported to have said, "Gentlemen, I have no control over your proceedings; it is your duty strictly to examine the evidence before presenting a report to me. But when it has once the sanction of your signatures, woe to you if an innocent man be condemned." This remark is in strict conformity with his usual language, and bears a striking similarity to the conversation I held with him on the following Thursday; but though this language might be appropriate from the lips of a sovereign whose ministers are responsible, it appears but a lame excuse in the mouth of Bonaparte, the possessor of absolute power.
The condemned busied themselves in endeavouring to procure a repeal of their sentence, the greatest number of them yielded in this respect to the entreaties of their friends, who lost no time in taking the steps requisite to obtain the pardon of those in whom they were most interested. Moreau at first also determined to appeal; but he relinquished his purpose before the Court of Cessation commenced its sittings.
As soon as the decree of the special Tribunal was delivered, Murat, Governor of Paris, and brother-in-law to the Emperor, sought his presence and conjured him in the most urgent manner to pardon all the criminals, observing that such an act of clemency would redound greatly to his honour in the opinion of France and all Europe, that it would be said the Emperor pardoned the attempt against the life of the First Consul, that this act of mercy would shed more glory over the commencement of his reign than any security which could accrue from the execution of the prisoners. Such was the conduct of Murat; but he did not solicit, as has been reported, the pardon of any one in particular.
Those who obtained the imperial pardon were Bouvet de Lozier, who expected it from the disclosures he had made; Rusillon, de Riviere, Rochelle, Armand de Polignac, d'Hozier, Lajolais, who had beforehand received a promise to that effect, and Armand Gaillard.
The other ill-fated victims of a sanguinary police underwent their sentence on the 25th of June, two days after the promulgation of the pardon of their associates.
Their courage and resignation never forsook them even for a moment, and Georges, knowing that it was rumoured he had obtained a pardon, entreated that he might die the first, in order that his companions in their last moments might be assured he had not survived them.