Gillette Banne, cont.
the barn and found him dead and dragged his body to the river.
"Isabelle's testimony was essentially the same as her mother's. There was but one discrepancy in the testomonies. Madame Bertault had sworn that the death occured inside the barn, while Isabelle maintained that it had occured outside.
"Later in the day, Bertault and his wife were confronted and her deposition was read before both of them. Bertault was asked why his testimony differed so sharply with his wife's. He answered that he had not wanted to say anything until his wife had been questioned and for this reason, he had denied all the testimony brought forth by the witnesses. He further avowed that her testimony was true.
"After this preliminary investigation, the three prisoners were sent to Quebec, where they could undergo a fair and equitable trial. The case was turned over to Intendant Talon, who gave copies of the sworn testimonies to Monsieur Penseret, fiscal procurer. He in turn, made a requisition to swear in and interrogate the prisoners once again. To accomplish this, Talon turned the case over to Sieur Chartier, lieutenant general, civil and criminal, on June 1.
"The same day, Monsieur Chartier began the interrogations of the prisoners. The first one to be sworn in was Isabelle. She repeated more or less what she had testified to in Three Rivers concerning the murder, that it was in self defense. Among the questions asked and the answers given were:
Q. 'When you were married, did you love your husband?'
A. 'Not at all'.
Q. 'Why didn't you love him?'
A. 'My father made me marry him without my consent, because he had a nice place on the farm of Madame de Lafontaine, for whom he was a farmer for five years, during which time he could earn enough money to buy himself a nice farm. The wife of sieur Aube was ready to have her baby and asked my father to send my mother to help and she went. During this time, my father arranged the marriage. My mother did not want to consent to the union, but my father said, he was the master and the wedding took place.'
Q. 'Why did you not tell the priest (during the marriage ceremony) that you did not want Latouche for your husband?'
A. 'My father was there, but my mother wasn't. If she had been there, I would have declared it.'
Q. 'Did your mother like Latouche at the time you married him?'
A. 'Yes,'
Q. 'Are you happy your husband is dead?'
A. 'No, and I wish I were dead instead of him.'
Q. ' Why did you hit your husband and why did you help your father to kill him?'
A. 'I did not help.'
Q. 'Why did your father and mother threaten your husband often?'
A. 'They have not threatened him, neither one nor the other.'
Q. 'Why did your brother say to your mother that they had killed his brother-in-law?'
A. 'He did not say that.'
Q. 'Why did your father say that the deceased was in New England after he had murdered him?'
A. 'You will excuse me sir, he did not say that.'
Q. 'Wasn't your husband's voice heard in Three Rivers while he was being murdered?'
A. 'It was my father who was screaming like that.'
"As Isabelle was questioned further, she maintained the innocence of her parents and insisted that her husband was killed in self defense.
"The second one to be questioned was Jacques Bertault. By this time, he had serious doubts as to whether or not their story of self defense would hold and he was also very aware as to what the punishment was for murder. He may have worked hard to provide a comfortable living for his family, but he was weak and spineless. When he was questioned he attempted to shift the blame onto his wife. He related how his wife had tried to poison Latouche and when this plot had failed, she had struck Latouche with a hoe the following
day.
'How did you plan to kill your son-in-law?'
'My wife said to me, "Let's go to the farm." Once we were there, she implored me many times until we killed our son-in-law. Our daughter never spoke to me about her problems, but spoke to her mother about getting rid of her husband. Sometimes I was even forced to leave the house because my wife was so relentless about getting rid of our son-in-law. I delayed hoping she would change her mind.'
'How many time did you strike him?'
'I don't remember the number, but I believe it was less than ten when he died.'
"As Bertault was being interrogated, he said that he knew that his daughter had watched her husband being murdered, but that he didn't know if she had struck him. To protect himself further he added, 'I never meant my son-in-in law any harm. What I have done was but in obedience to my wife.'
"Gilette Baune was interrogated next. She admitted to having tried to poison Latouche and gave explicit details of the murder.
'What kind of plant did you use to try to poison your son-in-law, Julien La Touche?'
'I don't know what kind of plant it is, but it isn't any bigger than half the length of a finger. I only used four or five leaves which didn't do him any harm.'
'Did you go into the barn to see your son-in-law one hour after sunset, where you said to him, "Now there's a nice son-in-law?"'
'Yes, and he answered me, "Why aren't I very nice?"'
'Did you not take a hoe that was next to a barrel and use it to strike your son-in- law?'
'That is true.'
'Did your husband come in at the same time to take the hoe to finish killing your son-in-law?'
'That is true.'
'Did you call your daughter to help you kill Latouche?'
'Yes, but I don't know if my daughter struck him.'
'How many times did you strike the deceased?'
'I gave the first blow, but it did not draw blood. Then I hit him again on the head and he fell to the ground, My husband came in at the same time. I don't know how many times he struck him but after many blows, he died.'
'After you killed your son-in-law, what did you do?'
'When we knew he was dead, the three of us threw him into the river.'
"At the end of her interrogation, Gilette Baune admitted that they had maliciously killed Julien Latouche. She said they had thought about it for a long time, because they never had any peace of mind since the marriage of Latouche to their daughter. She added that they discussed getting rid of him because he mistreated their daughter and because he was worthless.
"On the 8th of June, the fiscal procurer rendered his verdict. He asked that the three prisoners be executed and that no allowance be made for Isabelle because of her age, as she had also been involved in the murder. Sitting on Monsieur Chartier's court were Juchereau de la Ferte, Ruette Dauteuil, de Bermen, Duquet, Morin de Rochebelle, and Simon Denis. They showed no pity for Jacques Bertault and Gilette Baune, but in spite of
the petition of the fiscal procurer, they were merciful to Isabelle because of her age.
"he official verdict reads: '....we have declared the said Jacques Bertault, Gilette Baune, his wife, and Isabelle Bertault, their daughter, tried and convicted of the said crimes of imprisonment and murder committed against the person of the said Julien de la Tousche. For reparation of which, we condemn and are condemning the said Bertault, Baune, his wife, and their daughter, to be taken from and removed from the prisons of this jurisdiction by the executor of high justice, led with a rope around their necks, and burning
torch in their hands, before the door of the parish church of this city. There, the said Bertault, bare headed and in his shirt, and the said women, dressed in their shirts to the waist, will kneel and ask forgiveness of God, the king, and justice, for the said crimes by them committed, Therafter, they will be led by the said executioner to the scaffold that will be erected for this purpose in the public square of the 'haute ville'. There will be a cross of St. Andre on which Jacques Bertault will be lain to receive a swift blow on the right arm, then strangled. After his death, another blow will be struck on his left arm and a blow on each of his thighs. The said Gilette Baune will be hanged and strangled on a scaffold which will be erected for this purpose at the said place and the said Isabelle Bertault will witness the said executions with a rope tied around her neck as previously stated. After the executions, the body of the said Jacques Bertault will be placed on a wheel at Cap aux Diamants, the usual site, to remain and serve as an example. We further condemn the said Bertault, his wife and his daughter, to a one hundred 'livres' fine payable to the seigneurs of this region and to the court costs. The remainder of their property will remain secured and confiscated, and distributed to whomever it should belong.'
"Bertault and his wife appealed their sentences to the Sovereign Council. On June 9, the Council, presided over by Governor de Courcelles and assisted by de Tilly, Damours, de la Tesserie, Dupont, Bonamour, Roussel and the fiscal procurer, rendered their verdict. They upheld the verdict of the lower court and only modified the judgment as to the fine. Bertault and his wife were fined 60 "livres' to be divided thus: one half to the Recollets Fathers to pray God for the repose of the soul of Julien Latouche and to court costs; the other half and the surplus of their estate to Nicolas and Jeanne Bertault, the minor children of Jacques Bertault and Gilette Baune.
"The cost of the trial came up to about 139 "livres". This included the salaries of the judges, the fiscal procurer, the scribe, the bailiffs, and the executioner. Include in this sum was 15 "livres" for the nourishment of the three prisoners for over a month.
"The sentence was rendered in the morning and immediately delivered to the prisoners. Only one appeal was granted to prisoners and judgment was rendered swiftly. On the same day, June 9, 1672, at four o'clock in the afternoon, Jacques Bertault and Gilette Baune were executed.
"Jacques Bertault had been condemned to the punishment of the wheel. This punishment is of German origin and dates back in France to 1534, when it was introduced by an edict of Francois I. It was reserved for particularly serious crimes such as murders, poisonings, nightime thefts in homes when violence occured, and highway robbery.
"For this procedure, a scaffold was erected, usually in the town square. A cross of St Andrew was built on the center of the scaffold, laying flat. It was constructed of wood with two joists secured in the center where they join, forming an oblique cross. Grooves had been carved into the wood to admit the thighs, the legs, and the upper and lower arms of the convicted.
The criminal was usually clad in a long shirt which the executioner raised at the sleeves and at the hem up to the thighs, to secure the prisoner at each joint onto the cross. His head was laid on a stone and turned towards the heavens.
"Then striding the body, he would break the two remaining extremities with two blows each. Lastly, he would give three more blows on the chest. The condemned was
thus struck a total of eleven times with the bar. It was impossible to break the spinal column, as it was protected by the back of the cross.
