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Thirteen judges met daily to bring the trial to a close. There was not, and could not be, any evidence against the family; but a deluded religion took the place of proof. Six of the judges long persisted in condemning Jean Calas, his son, and Lavaisse to the wheel, and the wife of Jean Calas to the stake. The other seven, more moderate, wished at least to make an inquiry. The discussions were long and frequent. One of the judges, convinced that the accused were innocent and the crime was impossible, spoke strongly on their behalf. He opposed a zeal for humanity to the zeal for severity, and became the public pleader for the Calas in Toulouse, where the incessant cries of outraged religion demanded the blood of the accused. Another judge, known for his violent temper, spoke against the Calas with the same spirit. At last, amid great excitement, they both threw up the case and retired to the country.

But by a singular misfortune the judge who was favourable to the Calas had the delicacy to persist in his resignation, and the other returned to condemn those whom he could not judge. His voice it was that drew up the condemnation to the wheel. There were now eight votes to five, as one of the six opposing judges had passed to the more severe party after considerable discussion.