Circle Genealogic and Historic Champanellois

Association "Law 1901" of Saint-Genès-Champanelle, 63 , France

In our research work we were confronted with problems inherent to the sources themselves: uncertainties exist, certain stories are not consistent (or even contradictory), episodes in the character's life have no historical basis or even facts important are not explained.

I- Difficulties in understanding and explaining the facts

If the consultation of different bibliographic sources was of valuable assistance to us, the fact remains that difficulties arise when rereading these working instruments.

Inaccuracies and gaps forming uncertainties lead us to ask ourselves some questions.

But above all, a data found in the works consulted and not explained leads us to question: why was MORNAC condemned with the benefit of extenuating circumstances?

We will try to find an answer to these questions, keeping in mind the troubled context of this region.

l°) Uncertainties

The uncertainties concerning the story of MORNAC's life are of two kinds: contradictions, inaccuracies.

a) Contradictions

In the history of MORNAC, we encountered certain contradictions among different authors and sometimes even within the same work.

Two authors Jean de CHAMPEIX and Pierre BALME give us a contradictory story in the affair of the young girl named LAGONELLE at Champeix and GAUDET at BALME. These authors attribute to him a completely different behavior shortly before his assassination. For Jean de CHAMPEIX, he makes Ms. LAGONELLE a miserly, heartless character hiding a large nest egg of 750 Francs, and not very sympathetic to the reader.

On the contrary, Pierre BALME moves us at the description of Miss GAUDET, having become impoverished to repay her father's debts, the only remaining savings were one hundred francs.

After the death of J. BARRIER, the judicial investigation opened by the prosecutor ended with the indictment of dismissal and the second chamber of the Court of Clermont declared on 01/26/1850 that there was no reason to prosecute , the author of the crime still remaining unknown: with Pierre BALME, the investigation would be closed. While in the judgment of the Riom Assize Court (extract from the registry of the Assize Court), the investigation would not have been closed after the death of J. BARRIER: in fact "the justice was looking for the culprit and was carrying out severe searches when a new crime tore the veil that covered the murder of J. BARRIER..."

At BALME the contradiction as to the date of Marien BONY's death is all the more surprising as it appears in his book (page 18) on 08/09/1850 and, (page 21) on 06/11/1850.

Likewise, a contradiction in the story of "the sad exploits of MORNAC" can be noted between the authors P. BALME and J. de CHAMPEIX. For the latter, the teacher whom MORNAC beats escaped while for Balme, he died as a result of the abuse inflicted.

Finally, a final contradiction can be noted between these two authors: Jean de CHAMPEIX killed MORNAC in the Cayenne penal colony and Pierre BALME in the Toulon penal colony.

b) Inaccuracies

CCertain inaccuracies encountered during the readings add to the difficulty of establishing the authenticity of the facts.

We noted inaccuracies concerning the character of MORNAC, his sisters and a case with uncertain circumstances.

What is the limit between the fictionalized genre and the veracity of the facts? This question arises for MORNAC's childhood. To read the different authors retracing his life, one would already believe that MORNAC, when very small, had criminal impulses: for example in Jean de CHAMPEIX we find "as a child, he could not already tolerate a contradiction, undergo without violent protests the less punishment. He was so argumentative and vindictive that his masters decided to let him do it. From his adolescence MORNAC, shows clear signs of his wickedness, his anger; solicitor'\s clerk in Clermont, he seeks trouble with his colleagues. He is barely eighteen years old and we find him involved in all the quarrels, all the brawls..."

This seemed to us to consist of an imprecision detrimental to the impartiality of the story. This somewhat lends credence to the theses of LOMBROSO (Italian criminologist) whose fame is known for his theses on genetic crime: criminals would have "criminal chromosomes and society would contain criminal men", with genes and a physique particular.

Depending on the authors or the report of the investigation, the physical description of MORNAC varies. These discrepancies can be explained by the description of MORNAC at different times.

Another imprecision remains: even if there is a discrepancy between Pierre BALME and Jean de CHAMPEIX on the location of the penal colony, he exact date of MORNAC's death is not reported in any of the stories or documents (civil status).

Likewise the authors tell us of a sister of MORNAC, but inaccuracies remain, on the birth certificates from the Republican era cited by P. BALME, we find the first names of Catherine and Jeanne who would have been Victor's sisters MORNAC, so it is strange to note that during the trial, justice will only cite as a witness a sister of MORNAC named Julie. Was it then Jeanne or Catherine? What happened to the other sister in this case?

Furthermore, if the date of MORNAC's death remains unknown, the authors limit themselves to regional registers to note the absence of transcribed death certificates of the hero's brothers and sisters. These unknowns concerning the date of death of MORNAC's brothers and sisters are important gaps.

Also, we find vague traces of another criminal case: MORNAC is said to have violently kidnapped a Ms. COHADE. In fact, Ms. Cohade, who owed a sum of money to MORNAC, would have been dragged by him to court in order to obtain a seizure of real estate. Through the stories, the lack of data concerning Ms. COHADE and her primary relationship with MORNAC does not allow us to understand the facts and the criminal case.

2°) An important question: extenuating circumstances

a) the questioning

MORNAC was apprehended by the courts in 1852 and appeared before the Assize Court of Riom. The population as well as the justice system, tired of the terror that the character reigned, wanted to put an end to it, and had him convicted. But mitigating circumstances were granted to MORNAC, which explains his sentence to forced labor for life. We do not find the facts which were likely to have constituted mitigating circumstances. How then can we explain this lenient judgment, for a “recidivist” murderer and (shameless) thief?

We were not satisfied with the absence of supporting documents for the conviction, so we tried, through the facts recounted, to explain it.

It seems to us that the mitigating circumstances could have been motivated by two elements: reasons relating to people and others to justice, whether in terms of its structure or its application.

b) A hypothesis relating to people

Certain people were able to play a role in MORNAC's life and at the hearing, likely to explain his judgment.

At the hearing, the testimony of MORNAC's sister seemed to have carried weight. The authors agree to note the pressure she exerted on the justice system, first by writing to the prosecutor to denounce the actions of the gendarmerie towards MORNAC, and those of the population when the inhabitants beat MORNAC . It also seems that Julie MORNAC obtained favors from the president of the Court of Assizes who agreed to provide her with a table and something to write on, and who had her installed in a suitable place. She would thus have assisted the defense lawyer and testified on the morality of certain prosecution witnesses, as well as on the origin of their motive. The active participation of Julie MORNAC in the progress of the trial, endorsed by the President, would attest to the confidence of the justice system with regard to those under investigation.

Likewise, family and noble origins are cited during the trial. The jurors are then unable to do so. of not knowing such a prestigious ancestry (Nobility - Knight of Malta). MORNAC, strong in this ancestry, will also be able to move the audience by showing sentimentality: he will cry when his mother is mentioned, a feeling that the population believed him incapable of experiencing.

If the attitude of MORNAC and his sister can constitute a hypothesis to explain the extenuating circumstances, the neutrality of the inhabitants of the region also seems important.

As we have reported, the local population is afraid, which explains their strange participation during the training. The characters who will testify will give their version of the facts then retract, or will give false testimony.

In the Barrier affair, the poor victim denounced MORNAC and immediately retracted his statement. Likewise, BARRIER's brother and his caregiver did not testify until two years later.

Also, the ONDET woman, with whom MORNAC and Barrier had come to eat, declared not to have recognized MORNAC in her testimony of 1849 even though she had told her daughter the same day the name of "the unknown man" who was in the company of BARRIER: MORNAC.

Also, when the mayor establishes certificates of good repute in MORNAC, he will engage in false testimony. In short, under no circumstances will there be lucid and maintained spontaneous confessions.

This eternal coming and going between testimonies and retractions seems to us motivated by the fear of the inhabitants of reviving the crimes through their testimony. During the investigation, the people questioned appeared fierce and showed a desire to leave justice at their doorstep. Yet seventy-four prosecution witnesses, perhaps freed from this terror, will provide damning evidence against MORNAC.

c) Hypothesis relating to justice

In the conduct and organization of justice, it seemed to us that certain elements could help to explain the mitigating circumstances.

MORNAC was tried in 1852, at a time when the appointment of jurors would still have been made among the class of tax collectors and intellectuals, this could then have benefited the educated and noble man that MORNAC was. Likewise, the man responsible for defending MORNAC was the friend of Mége, the former mayor of Laqueuille, the one who had provided the certificates of good repute to MORNAC. The organization of justice in the hands of notables would tend to explain a certain partiality, and in the case of MORNAC, an indulgence towards a sort of peer.

Also, the investigation of criminal cases seems to have been carried out lightly.

Already the means of investigation at the time were limited: in the BARRIER affair, the gendarmes' investigation was rudimentary, faced with a victim who denied having been attacked. In the case of the murdered young girl (A. GAUDET), Pierre BALME reports that no medical findings were carried out, which explains the dismissal of the case. Likewise, if the facts of the story of Lady COHADE (sequestration) seem so dark, it is because the case was never investigated.

In the BONY case, confusion reigns in the forensic reports reported to the jury. For some, BONY was drunk, for others not, and the circumstances of his fall are of various natures.

MORNAC's defender will penetrate and exploit the flaws in justice, the gaps in the medico-legal report making it possible to conclude that there was no murder, due to the non-existence of the corpus delicti.

How can we also explain that MORNAC was declared an accomplice to murder accompanied by theft, while the only possible accomplice (BOUCHAUDY) was exonerated?

Faced with failing instruction, we often have the impression that the essentials have been poorly addressed.

The reader has the feeling that pushed by a population wanting to put an end to the MORNAC case, justice is forgetting important details.

In understanding the MORNAC affair we found difficulties inherent in contradictions, inaccuracies in the accounts, but also in unexplained data (mitigating circumstances). But our research has led us to certain assertions.

II- Confirmations

Some of our sources, through the officiality of the information they contain, allow certainty to be established. Also the cross-checks carried out are the source of clarifications.

1°) Certainties

It is undeniable that MORNAC came from a noble family: he had ancestors in his family including two knights of Malta and a juriconsult in the 16th century. This is confirmed by the historical dictionary of Moircrie (volume 5, p 795).

Lalanne's historical dictionary of France also devotes a notice to the MORNAC family. These origins are cited during the trial and collected at the hearing (attached document no. 2). As well as in the Puy-de-Dôme newspaper of July 22, 1852 (Appendix document no. 3).

Likewise, we acquire the certainty that Victor MORNAC was born on September 21, 1802 by archiving his birth in the municipal registers of Laqueuille. (annex document no. 4). As for the MORNAC sisters, we find the date of birth of Magdelaine MORNAC in 1793 and of Catherine MORNAC in 1798, without knowing which one is Julie.

Moreover, his instruction is very real. He knew how to write, as proof we want the photocopy of the letter he sent to the mayor of Laqueuille in 1844. (attached document no. 1). Thus photocopies of letters in the work of Pierre Balme (attached document no. 2).

According to the calendar of fairs of the time, in the department of Puy-de-Dôme (attached documentation no. 1), we find the Ennezat fair of September 29, which will serve as an alibi for MORNAC during the accusation of the murder by Jean BARRIER.

Also, we found the content of the letter written by the convicts to the King's prosecutor, making public the trust that MORNAC had placed in them, (attached document no. 5).

MORNAC therefore boasted of his sad exploits to his companions in misfortune.

The judgment of the Assize Court of Riom, found in the departmental archives service of Puy de Dôme in Clermont-Ferrand, recalls the BARRIER, BONY cases and some other misdeeds, as well as the first conviction of MORNAC to 10 years in prison. forced labor (annex document no. 6).

Archives of the historical service of the Navy of Toulon. (annex document n°7).

If we have not been able to obtain any details on the date and place of MORNAC's death, our investigations have led us to be able to affirm that MORNAC was at. Bagne of Toulon during his 2nd conviction on 08.08.1852, where he was "detached from the chain on 10/19/1862" and placed at the disposal of the Mayor of the city of Toulon to be transferred as a sixty-year-old to a prison in accordance with article 5 of the law of May 30, 1854.

Historical archives of the Navy of Toulon.

(annex documents no. 8 and 9).

2°) Overlaps

Certain certainties were acquired by cross-checking various sources. At BALME, there is an imprecision relating to the death of Marien BONY: did he die on June 11, 1850 or on 08/09/1850? In the Assize trial, the date of his death is June 11, 1850.

Likewise, Pierre BALME writes that at the time when MORNAC wanted to rob the "GONNELLE", the latter only had a hundred francs saved, which seems little. He describes her to us as a person who became impoverished to pay off the debts contracted by her father. In fact at J. de CHAMPEIX, this person has 700 Francs, which is confirmed by the Assizes trial.

Before receiving the document from the prefecture of Toulon attesting to the presence of MORNAC in the Toulon penal colony (because he was released from the chains in 1852), we had deduced in the face of the contradiction of certain authors placing MORNAC sometimes in the Toulon penal colony, sometimes in the penal colony de Cayenne, that the latter had not been able to receive it: its opening was concomitant or even subsequent to the conviction of MORNAC.