diff options
| -rw-r--r-- | .gitattributes | 3 | ||||
| -rw-r--r-- | 36854-8.txt | 7676 | ||||
| -rw-r--r-- | 36854-8.zip | bin | 0 -> 154149 bytes | |||
| -rw-r--r-- | 36854-h.zip | bin | 0 -> 158507 bytes | |||
| -rw-r--r-- | 36854-h/36854-h.htm | 7781 | ||||
| -rw-r--r-- | 36854.txt | 7676 | ||||
| -rw-r--r-- | 36854.zip | bin | 0 -> 154099 bytes | |||
| -rw-r--r-- | LICENSE.txt | 11 | ||||
| -rw-r--r-- | README.md | 2 |
9 files changed, 23149 insertions, 0 deletions
diff --git a/.gitattributes b/.gitattributes new file mode 100644 index 0000000..6833f05 --- /dev/null +++ b/.gitattributes @@ -0,0 +1,3 @@ +* text=auto +*.txt text +*.md text diff --git a/36854-8.txt b/36854-8.txt new file mode 100644 index 0000000..a377ec4 --- /dev/null +++ b/36854-8.txt @@ -0,0 +1,7676 @@ +The Project Gutenberg EBook of The Chief Justice, by Karl Emil Franzos + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: The Chief Justice + A Novel + +Author: Karl Emil Franzos + +Translator: Miles Corbet + +Release Date: July 25, 2011 [EBook #36854] + +Language: English + +Character set encoding: ISO-8859-1 + +*** START OF THIS PROJECT GUTENBERG EBOOK THE CHIEF JUSTICE *** + + + + +Produced by Charles Bowen, from page scans provided by the Web Archive + + + + + + + +Transcriber's Notes: + 1. Page scan source: + http://www.archive.org/details/chiefjusticenove00franiala + + 2. The diphthong oe is represented by [oe]. + + + + +Heinemann's International Library. + + + + + EDITOR'S NOTE. + + +There is nothing in which the Anglo-Saxon world differs more from the +world of the Continent of Europe than in its fiction. English readers +are accustomed to satisfy their curiosity with English novels, and it +is rarely indeed that we turn aside to learn something of the interior +life of those other countries the exterior scenery of which is often so +familiar to us. We climb the Alps, but are content to know nothing of +the pastoral romances of Switzerland. We steam in and out of the +picturesque fjords of Norway, but never guess what deep speculation +into life and morals is made by the novelists of that sparsely peopled +but richly endowed nation. We stroll across the courts of the Alhambra, +we are listlessly rowed upon Venetian canals and Lombard lakes, we +hasten by night through the roaring factories of Belgium; but we never +pause to inquire whether there is now flourishing a Spanish, an +Italian, a Flemish school of fiction. Of Russian novels we have lately +been taught to become partly aware, but we do not ask ourselves whether +Poland may not possess a Dostoieffsky and Portugal a Tolstoi. + +Yet, as a matter of fact, there is no European country that has +not, within the last half-century, felt the dew of revival on the +threshing-floor of its worn-out schools of romance. Everywhere there +has been shown by young men, endowed with a talent for narrative, a +vigorous determination to devote themselves to a vivid and sympathetic +interpretation of nature and of man. In almost every language, too, +this movement has tended to display itself more and more in the +direction of what is reported and less of what is created. Fancy has +seemed to these young novelists a poorer thing than observation; the +world of dreams fainter than the world of men. They have not been +occupied mainly with what might be or what should be, but with what is, +and, in spite of all their shortcomings, they have combined to produce +a series of pictures of existing society in each of their several +countries such as cannot fail to form an archive of documents +invaluable to futurity. + +But to us they should be still more valuable. To travel in a foreign +country is but to touch its surface. Under the guidance of a novelist +of genius we penetrate to the secrets of a nation, and talk the very +language of its citizens. We may go to Normandy summer after summer and +know less of the manner of life that proceeds under those gnarled +orchards of apple-blossom than we learn from one tale of Guy de +Maupassant's. The present series is intended to be a guide to the inner +geography of Europe. It presents to our readers a series of spiritual +Baedekers and Murrays. It will endeavour to keep pace with every truly +characteristic and vigorous expression of the novelist's art in each of +the principal European countries, presenting what is quite new if it is +also good, side by side with what is old, if it has not hitherto been +presented to our public. That will be selected which gives with most +freshness and variety the different aspects of continental feeling, the +only limits of selection being that a book shall be, on the one hand, +amusing, and, on the other, wholesome. + +One difficulty which must be frankly faced is that of subject. Life is +now treated in fiction by every race but our own with singular candour. +The novelists of the Lutheran North are not more fully emancipated from +prejudice in this respect than the novelists of the Catholic South. +Everywhere in Europe a novel is looked upon now as an impersonal work, +from which the writer, as a mere observer, stands aloof, neither +blaming nor applauding. Continental fiction has learned to exclude, in +the main, from among the subjects of its attention, all but those facts +which are of common experience, and thus the novelists have determined +to disdain nothing and to repudiate nothing which is common to +humanity; much is freely discussed, even in the novels of Holland and +of Denmark, which our race is apt to treat with a much more gingerly +discretion. It is not difficult, however, we believe--it is certainly +not impossible--to discard all which may justly give offence, and yet +to offer to an English public as many of the masterpieces of European +fiction as we can ever hope to see included in this library. It will be +the endeavour of the editor to search on all hands and in all languages +for such books as combine the greatest literary value with the most +curious and amusing qualities of manner and matter. + + EDMUND GOSSE. + + + + + + + THE CHIEF JUSTICE + + + + + + + THE + + Chief Justice + + A NOVEL + + + + BY + + EMIL FRANZOS + + + + TRANSLATED FROM THE GERMAN + + BY + + MILES CORBET + + + + + LONDON + + WILLIAM HEINEMANN + + 1890 + + [_All rights reserved_] + + + + + + + INTRODUCTION. + + +The remote Austrian province of Galicia has, in our generation, +produced two of the most original of modern novelists, Leopold von +Sacher-Masoch and Karl Emil Franzos. The latter, who is the author of +the volume here presented to English readers, was born on the 25th of +October 1848, just over the frontier, in a ranger's house in the midst +of one of the vast forests of Russian Podolia. His father, a Polish +Jew, was the district doctor of the town of Czorskow, in Galicia, where +the boy received his first lessons in literature from his German +mother. In 1858 Franzos was sent, on the death of his father, to the +German College at Czernowitz; at the age of fourteen, according to the +published accounts of his life, he was left entirely to his own +resources, and gained a precarious livelihood by teaching. After +various attempts at making a path for himself in science and in law, +and finding that his being a Jew stood in the way of a professional +career, he turned, as so many German Israelites have done before and +since, to journalism, first in Vienna, then at Pesth, then in Vienna +again, where he still continues to reside. + +In 1876 Franzos published his first book, two volumes entitled _Aus +Halb-Asia_ ("From Semi-Asia"), a series of ethnological studies on the +peoples of Galicia, Bukowina, South Russia, and Roumania, whom he +described as in a twilight of semi-barbaric darkness, not wholly in the +sunshine of Europe. This was followed in 1878 by _Vom Don zur Donau_ +("From the Don to the Danube"), a similar series of studies in +ethnography. Meanwhile, in _Die Juden von Barnow_ ("The Jews of +Barnow"), 1877, he had published his first collection of tales drawn +from his early experience. He followed it in 1879 by _Junge Liebe_ +("Young Love"), two short stories, "Brown Rosa" and "Brandenegg's +Cousins," extremely romantic in character, and written in an elaborate +and somewhat extravagant style. These volumes achieved a great and +instant success. + +The succeeding novels of Franzos have been numerous, and unequal in +value. _Moschko von Parma_, 1880, was a pathetic study of the +vicissitudes of a young Jewish soldier in the wars. In the same year +Franzos published _Die Hexe_ ("The Witch"). The best known of his +writings in this country is _Ein Kampf um's Recht_ ("A Battle for the +Right"), 1882, which was published in English, with an Introduction by +Mr. George MacDonald, and attracted the favourable, and even +enthusiastic, notice of Mr. Gladstone. _Der Präsident_, which is here +translated, appeared in Germany in 1884. + + EDMUND GOSSE. + + + + + THE CHIEF JUSTICE. + + + + + CHAPTER I. + + +In the Higher Court of Bolosch, an important Germano-Slavonic town of +northern Austria, there sat as Chief Justice some thirty years ago, one +of the bravest and best of those men on whom true justice might +hopefully rely in that sorely tried land. + +Charles Victor, Baron von Sendlingen, as he may be called in this +record of his fate, was the last descendant of a very ancient and +meritorious race which could trace its origin to a collateral branch of +the Franconian Emperors, and which had once upon a time possessed rich +lands and mines on the shores of the Wörther See: now indeed by reason +of an adverse fate and the love of splendour of some of its scions, +there had gradually come to be nothing left of all this save a series +of high sounding titles. But the decline of fame and influence had not +kept pace with the loss of lands and wealth; the Sendlingens had +entered the service of the Hapsburgs and in the last two hundred years +had given the Austrian Hereditary Dominions not only several brave +generals, but an almost unbroken line of administrators and guardians +of Justice. And so, although they were entirely dependent on their +slender official salaries, they were reckoned with good reason among +the first families of the Empire, and a Sendlingen might from his +cradle count upon the office of Chief Justice of one of the Higher +Courts. Even unkind envy, to say nothing of honest report, was obliged +to admit that these hereditary patricians of Justice had always shown +themselves worthy of their sacred office, and just as they regularly +inherited certain physical characteristics--great stature, bright eyes +and coal-black curly hair--so also gifted intellects, iron industry and +a sense of duty which often enough bordered on self-denial, were always +theirs. "The majesty of the Law is the most sacred majesty on earth." +Thus spake the first of this family who had entered the service of the +Imperial Courts of Justice, the Baron Victor Amadeus, Chief Judge of +the Vienna Senate, in answer to an irregular demand of Ferdinand the +Catholic, and his descendants held fast to the maxim in good days and +evil, even in those worst days when Themis threatened, in this country +also, to sink to the level of the venal mistress of Princes. The +greatest of the Hapsburgs, Joseph II., knew how to value this at its +right worth, and although he much disliked hereditary offices, he on +this account appointed the Baron Charles Victor, in spite of his youth, +as his father's successor in one of the most important offices of the +State. + +This was the grandfather of that Sendlingen whose story is to be told +here, a powerful man of unusual strength of will who had again raised +the reputation of the family to a most flourishing condition. But +although everything went so well with him, the dearest wish of his +heart was not to be realized: he was not to transmit office and +reputation to his son. This son, Franz Victor, our hero's father, had +to pass his life wretchedly in an insignificant position, the only one +among the Sendlingens who went to his grave in mature years, unrenowned +and indeed despised. + +This fate had not overtaken him through lack of ability or industry. He +too proved himself a true son of this admirable race; gifted, +persevering, thorough, devoted heart and soul to his studies and his +official duties. But a youthful escapade had embroiled him in the +beginning of his career with father and relations: a girl of the lower +orders, the daughter of the concierge at the Courts where his father +presided, had become dear to him and in a moment of passion he had +betrayed her. When the girl could no longer conceal the consequences of +her fault, she went and threw herself at the feet of the Chief Justice +imploring him to protect her from her parent's wrath. The old man could +hardly contain his agony of indignation, but he summoned his son and +having heard from his lips the truth of the accusation, he resolved the +matter by saying: "The wedding will take place next Sunday. A +Sendlingen may be thoughtless, he must never be a scoundrel." They were +married without show and in complete secresy, and at once started for a +little spot in the Tyrolean mountains whither Baron von Sendlingen had +caused his son and heir to be transferred. + +This event made a tremendous sensation. For the first time a Sendlingen +had married out of his rank, the daughter of a menial too, and +constrained to it by his father! People hardly knew how to decide which +of the two, father or son, had sinned most against the dignity of the +family; similar affairs were usually settled by the nobles of the land +in all secresy and without leaving a stain on their genealogical tree. +Even Kaiser Franz, although his opinions about morality were so rigid, +once signified something of the kind to the honourable old judge, but +he received the same answer as was given to his son. The embittered old +man was indeed equally steadfast in maintaining a complete severance of +the bonds between him and his only son; the letters which every mail +from the Tyrol brought, were left unopened, and even in his last +illness he would not suffer the outcast to be recalled. + +After the death of the Judge, his son came to be completely forgotten: +only occasionally his aristocratic relations used to recount with a +shrug of the shoulders, that they had again been obliged to return a +letter of this insolent fellow to the place where it came from. +Nevertheless they learnt the contents of these letters from a +good-natured old aunt: they told of the death of his first child, then +of the birth of a boy whom he had called after his grandfather, and +while he obstinately kept silence about the happiness or unhappiness of +his marriage, he more and more urgently begged for deliverance from the +God-forsaken corner of the globe in which he languished and for +promotion to a worthier post. + +Although the only person who read these letters was, with all her pity, +unable to help him, he never grew weary of writing. The tone of his +letters became year by year more bitter and despairing, and whereas he +had at first asked for special favours, he now fiercely demanded the +cessation of these hostile intrigues. Perhaps the embittered man was +unjust to his relations in making this reproach,--they seemed in no +way to concern themselves about him whether to his interest or his +injury--, but he really was badly treated, and leaving out the +influence of his name, he was not even able to obtain what he might +have expected according to the regulations of the service. An excellent +judge of exemplary industry, he was forced to continue for years in +this Tyrolean wilderness until at length, one day, he was promoted to a +judgeship on the Klagenfurth Circuit. But he was not long able to enjoy +his improved position: bitter repentance and the struggle with +wretchedness had prematurely undermined his strength. He died, soon +after his wife, and his last concern on earth was an imploring prayer +to his relations to adopt his boy. + +This prayer would perhaps not have been necessary to secure the orphan +that sympathy which his much-to-be-pitied father had in vain sought to +obtain for himself. Charles Victor, now fourteen years of age, was +carried off in a sort of triumph and brought to Vienna: even the +Emperor gratefully remembered the faithful services which this noble +house had for centuries rendered to his throne, and he caused its last +surviving male to be educated at his expense in the Academy of Maria +Theresa. + +The beautiful, slender boy won the sympathies of his natural guardians +by his mere appearance, the serious expression peculiar to his family +and his surprising resemblance to his grandfather; excellent gifts, a +quiet, steady love of work and a self-contained, manly sweetness of +disposition, made him dear to both his masters and his comrades. He was +the best scholar at the Academy, and he justified the hopes which he +had aroused by the brilliant success of his legal studies. But his +eagerness to obtain a knowledge of the world and to see foreign +countries was equally great, and the modest fortune left him by his +grandfather made the fulfilment of these desires possible. When, being +of age, he returned to Austria and entered on his legal duties, it +needed no particular insight to prophesy a rapid advancement in his +career. + +In fact after a brief term of office as judge-advocate in the Eastern +provinces, he was transferred to Bohemia, and shortly afterwards +married a beautiful, proud girl who had been much sought after, a +daughter of one of the most important Counts of the Empire. Nobody was +surprised that the lucky man had also this good luck, but the marriage +remained childless. This only served to unite the stately pair more +closely to one another, and this wedded love and the judge's triumphs +on the Bench and in the world of letters, sufficed to fully occupy his +life. His treatises on criminal law were among the best of the kind, +and the practical nature of his judgments obtained for him the +reputation of one of the most thorough and sagacious judges of Austria. +And so it was more owing to his services than to the influence attached +to the name and associations of this remarkable man, that he succeeded +in scaling by leaps and bounds that ladder of advancement on the lowest +rung of which, his unfortunate father had remained in life-long +torture. As early as in his fortieth year he had obtained the important +and honourable position of Chief Justice of Bolosch. + +The stormy times in which he lived served as a good test of his +character and abilities. The fierce flames of 1848 had been +extinguished and from the ruins rose the exhalation of countless +political trials. Those were sad days, making the strongest demands on +the independence of a Judge, and many an honest but weak man became the +compliant servant of the Authorities. The Chief Justice von Sendlingen, +a member of the oldest nobility, bound to the Imperial House by ties of +personal gratitude, related by marriage to the leaders of the reaction, +was nevertheless not one of the weak and cowardly judges; just as in +that stormy year he had boldly confessed his loyalty to the Emperor, so +now he showed that Justice was not to be abased to an instrument of +political revenge. This boldness was indeed not without danger; his +brother-in-law stormed, his wife was in tears; first warnings, then +threats, rained in upon him, but he kept his course unmoved, acting as +his sense of justice bade him. If those in authority did not actually +interfere with him, he owed this entirely to his past services, which +had made him almost indispensable. The methods of administering justice +were constantly changed, juries were empanelled and then dismissed, the +regulations of the Courts were repeatedly altered: everywhere there +were cases in arrear, and confusion and uncertainty. + +The Bolosch Circuit was one of the few exceptions. The Chief Justice +remained unmolested by the ministry, and the citizens honoured him as +the embodiment of Justice, and lawyers as the ornament of their +profession. + +Respected throughout the whole Empire, he was in his immediate circle +the object of almost idolatrous love. And certainly the personal +characteristics of this stately and serious man with his almost +youthful beauty, were enough to justify this feeling. He was gentle but +determined; dignified but affectionate: faithful in the extreme to +duty, and yet no stickler for forms. + +When his wife died suddenly in 1850, the sympathetic love and +veneration of all were manifested in the most touching manner. He felt +the loss keenly, but only his best friend, Dr. George Berger, learnt +how deep was the wound. This Dr. Berger was one of the most respected +barristers of the town, and in spite of the difference of their +political convictions--Berger was a Radical--he enjoyed an almost +fraternal intimacy with Sendlingen. This faithful friend did what he +could for the lonely Judge; and his best helper in the work of sympathy +was his sense of duty which forbade a weak surrender to sorrow. He +gradually became quiet and composed again, and some premature grey +hairs at the temples alone showed how exceedingly he had suffered. + +In the midst of the regular work of his profession--it was in May, +1850--he was surprised by a laconic command from the Minister of +Justice ordering him forthwith to surrender the conduct of his Court to +the Judge next him in position, von Werner, and to be in Vienna within +three days. This news caused general amazement; the reactionary party +was growing stronger, and it was thought that this sudden call might +mean the commencement of an inquiry into the conduct of this true but +independent Judge. He himself was prepared for the worst, but his +friend Berger took a more hopeful view; rudeness, he said, had become +the fashion again in Vienna, and perhaps something good was in store +for him. + +This supposition proved correct; the Minister wished the assistance of +the learned specialist in drawing up a new Statute for the +administration of Justice. The Commission of Inquiry, originally called +for two months, continued its deliberations till the autumn. It was not +till the beginning of November that Sendlingen started for home, having +received as a mark of the Minister's gratitude the nomination as Chief +Justice of the Higher Court at Pfalicz, a post which he was to enter +upon in four months. + +This was a brilliant and unexampled appointment for one of his years, +but the thought of leaving the much-loved circle of his labours made +him sorrowful. And this feeling was increased when the citizens +testified by a public reception at the station, how greatly they were +rejoiced at his return. His lonely dwelling too had been decorated by a +friendly hand, as also the Courts of Justice. He found it difficult to +announce his departure in answer to the speech of welcome delivered by +his Deputy. And indeed his announcement was received with exclamations +of regret and amazement, and it was only by degrees that his auditors +sufficiently recovered themselves to congratulate their beloved chief. + +Only one of them did so with a really happy heart, his Deputy, von +Werner, an old, industrious if not very gifted official, who now +likewise saw a certain hope of promotion. With a pleased smile, the +little weazened man followed Sendlingen into his chambers in order to +give him an account of the judicial proceedings of the last six months. +Herr von Werner was a sworn enemy of all oral reports, and had +therefore not only prepared two beautifully drawn-up lists of the civil +and criminal trials, but had written a memorial which he now read out +by way of introduction. + +Sendlingen listened patiently to this lengthy document. But when Werner +was going to take up the lists with the same intention, the Chief +Justice with a pleasant smile anticipated him. + +"We will look through them together," he said, and began with the +criminal list. It contained the name, age and calling of the accused, +the date of their gaol-delivery, their crime, as well as the present +position of the trial. + +"There are more arrears than I expected," he said with some surprise. + +"But the number of crimes has unfortunately greatly increased," +objected Herr von Werner, zealously. "Especially the cases of +child-murder." + +"You are right." Sendlingen glanced through the columns specifying the +crimes and then remained plunged in deep thought. + +"The number is nearly double," he resumed. "And it is not only here, +but in the whole Empire, that this horrible phenomenon is evident! The +Minister of Justice complained of it to me with much concern." + +"But what else could one expect?" cried old Werner. "This accursed +Revolution has undermined all discipline, morals and religion! And then +the leniency with which these inhuman women are treated--why it is +years since the death-sentence has been carried out in a case of +child-murder." + +"That will unfortunately soon be changed," answered Sendlingen in a +troubled tone. "The Minister of Justice thinks as you do, and would +like an immediate example to be made. It is unfortunate, I repeat, and +not only because, from principle, I am an opponent of the theory of +deterring by fear. Of all social evils this can least of all be cured +by the hangman. And if it is so rank nowadays, I do not think the +reason is to be found where you and His Excellency seek it, but in the +sudden impoverishment, the uncertainty of circumstances and the +brutality which, everywhere and always, follow upon a great war. The +true physicians are the political economist, the priest and the +schoolmaster!... Or have you ever perhaps known of a case among +educated people?" + +"Oh certainly!" answered Herr von Werner importantly. "I have, as it +happens, to preside to-morrow,--that is to say unless you will take the +case--at the conclusion of a trial against a criminal of that class; at +least she must be well-educated as she was governess in the house of a +Countess. See here--Case No. 19 on the list." He pointed with his +finger to the place. + +Then a dreadful thing happened. Hardly had Sendlingen glanced at the +name which Werner indicated, than he uttered a hollow choking cry, a +cry of deadly anguish. His face was livid, his features were distorted +by an expression of unutterable terror, his eyes started out of their +sockets and stared in a sort of fascination at the list before him. + +"Great Heavens!" cried Werner, himself much alarmed, as he seized his +chief's hand. "What is the matter with you? Do you know this girl?" + +Sendlingen made no reply. He closed his eyes, rested both arms on the +table and tried to rise. But his limbs refused to support him, and he +sank down in his chair like one in a faint. + +"Water! Help!" cried Werner, making for the bell. + +A movement of Sendlingen's stopped him. "It is nothing," he gasped with +white lips and parched throat. "An attack of my heart disease. It has +lately--become--much worse." + +"Oh!" cried Werner with genuine sympathy. "I never even suspected this +before. Everybody thought you were in the best of health. What do the +doctors say?" + +Again there was no answer. Breathing with difficulty, livid, his head +sunk on his breast, his eyes closed, Sendlingen lay back in his chair. +And when he raised his eyelids Werner met such a hopeless, despairing +look, that the old gentleman involuntarily started back. + +"May I," he began timidly, "call a doctor----" + +"No!" Sendlingen's refusal was almost angry. Again he attempted to rise +and this time he succeeded. + +"Thank you," he said feebly. "I must have frightened you. I am better +now and shall soon be quite well." + +"But you are going home?" +"Why should I? I will rest in this comfortable chair for half an hour +and then, my dear colleague, I shall be quite at your service again." + +The old gentleman departed but not without hesitation: even he was +really attached to Sendlingen. The other officials also received the +news of this attack with genuine regret, especially as Werner several +times repeated in his important manner: + +"Any external cause is quite out of the question, gentlemen, quite out +of the question. We were just quietly talking about judicial matters. +Ah, heart disease is treacherous, gentlemen, very treacherous." + +Hardly had the door closed, when Sendlingen sank down in his chair, +drew the lists towards him and again stared at that particular spot +with a look on his face as if his sentence of death was written there. + +The entry read thus: "Victorine Lippert. Born 25th January 1834 at +Radautz in the Bukowina. Governess. Child-murder. Transferred here from +the District Court at Gölotz on the 17th June 1852. Confessed. Trial to +be concluded 8th November 1852." + +The column headed "sentence" was still empty. + +"Death!" he muttered. "Death!" he repeated, loud and shrill, and a +shudder ran through his every fibre. + +He sank back and hid his face which had suddenly become wasted. + +"O my God!" he groaned. "I dare not let her die--her blood would cry +out against me, against me only." + +And he drew the paper towards him again and stared at the entry, +piteously and beseechingly, as though he expected a miracle from +Heaven, as though the letters must change beneath the intensity of his +gaze. + +The mid-day bells of the neighbouring cathedral aroused him from his +gloomy brooding. He rose, smoothed his disarranged hair, forced on his +accustomed look of quiet, and betook himself to Werner's room. + +"You see," he said. "I have kept my word and am all right again. Are +there any pressing matters to be rid of?" + +"Only one," answered Werner. "The Committee of Discipline has waited +your return, as it did not wish to decide an important case without +you." + +"Good, summon the Committee for five o'clock today." + +He now went the round of the other offices, answered the anxious +inquiries with the assurance that he was quite well again, and then +went down a long corridor to his own quarters which were in another +wing of the large building. + +His step was still elastic, his face pale but almost cheerful. Not +until he had given his servant orders to admit nobody, not even his +friend Berger, and until he had bolted his study-door, did he sink down +and then give himself up, without restraint, to the fury of a wild, +despairing agony. + + + + + CHAPTER II. + + +For an hour or more the unhappy man lay groaning, and writhing like a +worm under the intensity of his wretchedness. Then he rose and with +unsteady gait went to his secretaire, and began to rummage in the +secret drawers of the old-fashioned piece of furniture. + +"I no longer remember where it is," he muttered to himself. "It is long +since I thought of the old story--but God has not forgotten it." + +At length he discovered what he was looking for: a small packet of +letters grown yellow with time. As he unloosed the string which tied +them, a small watercolour portrait in a narrow silver frame fell out: +it depicted the gentle, sweet features of a young, fair, grey-eyed +girl. His eyes grew moist as he looked at it, and bitter tears suddenly +coursed down his cheeks. + +He then unfolded the papers and began to read: they were long letters, +except the last but one which filled no more than two small sheets. +This he read with the greatest attention of all, read and re-read it +with ever-increasing emotion. "And I could resist such words!" he +murmured. "Oh wretched man that I am." + +Then he opened the last of the letters. "You evidently did not yourself +expect that I would take your gift," he read out in an undertone. And +then: "I do not curse you; on the contrary, I ardently hope that you +may at least not have given me up in vain." + +He folded the letters and tied them up. Then he undid them again and +buried himself once more in their melancholy contents. + +A knock at the door interrupted him: his housekeeper announced that +dinner was ready. This housekeeper was an honest, elderly spinster, +Fräulein Brigitta, whom he usually treated with the greatest +consideration. To-day he only answered her with a curt, impatient, +"Presently!" and he vouchsafed no lengthier reply to her question how +he was. + +But then he remembered some one else. "I must not fall ill," he said. +"I must keep up my strength. I shall need it all!" And after he had +locked up the letters, he went to the dining-room. + +He forced himself to take two or three spoonfuls of soup, and hastily +emptied a glass of old Rhine-wine. His man-servant, Franz, likewise a +faithful old soul, replenished it, but hesitatingly and with averted +countenance. + +"Where is Fräulein Brigitta?" asked Sendlingen. + +"Crying!" growled the old man. "Hasn't got used to the new state of +things! Nor have I! Nice conduct, my lord! We arrive in the morning +ill, we say nothing to an old and faithful servant, we go straight into +the Courts. There we fall down several times; we send for no doctor, +but writhe alone in pain like a wounded stag." The faithful old +fellow's eyes were wet. + +"I am quite well again, Franz," said Sendlingen re-assuringly. + +"We were groaning!" said the old man in a tone of the bitterest +reproach. "And since when have we declined to admit Herr Berger?" + +"Has he been here?" + +"Yes, on most important business, and would not believe that we +ourselves had ordered him to be turned away.... And now we are eating +nothing," he continued vehemently, as Sendlingen pushed his plate from +him and rose. "My Lord, what does this mean! We look as if we had seen +a ghost!" + +"No, only an old grumbler!" He intended this for an airy pleasantry but +its success was poor. "Do not be too angry with me." + +Then he returned to his chambers. "The old fellow is right," he +thought. "It was a ghost, a very ancient ghost, and its name is +Nemesis!" His eyes fell on the large calendar on the door: "7th +November 1852" he read aloud. "A day like every other--and yet ..." + +Then he passed his hand over his brow as if trying to recall who he +was, and rang the bell. + +"Get me," he said to the clerk who entered, "the documents relating to +the next three criminal trials." + +He stepped to the window and awaited the clerk's return with apparent +calm. He had not long to wait; the clerk entered and laid two goodly +bundles of papers on the table. + +"I have to inform you, my lord," said the clerk standing at attention +(he had been a soldier), "that only the papers relating to the trials +of the 9th and 10th November are in the Court-house. Those for +tomorrow's trial of Victorine Lippert for child-murder are still in the +hands of Counsel for the accused, Dr. George Berger." + +Sendlingen started. "Did the accused choose her Counsel?" + +"No, my lord, she refused any defence because she is, so to speak, a +poor despairing creature who would prefer to die. Herr von Werner +therefore, ex-officio, allotted her Dr. Kraushoffer as Counsel, and, +when he became ill, Dr. Berger. Dr. Kraushoffer was only taken ill the +day before yesterday and therefore Dr. Berger has been allowed to keep +the papers till tomorrow morning early. Does your Lordship desire that +I should ask him for them?" + +"No. That will do." + +He went back to the niche by the window. "A poor creature who would +prefer to die!" he said slowly and gloomily. Frightful images thronged +into his mind, but the poor worn brain could no longer grasp any clear +idea. He began to pace up and down his room rapidly, almost staggering +as he went. + +"Night! night!" he groaned: he felt as if he were wandering aimlessly +in pitchy darkness, while every pulsation of lost time might involve +the sacrifice of a human life. Then his face brightened again, it +seemed a good omen that Berger was defending the girl: he knew his +friend to be the most conscientious barrister on the circuit. "And if I +were to tell him fully what she is to me--" But he left the sentence +unfinished and shook his head. + +"I could not get the words out," he murmured looking round quite +scared, "not even to him!" + +"And why should I?" he then thought. "Berger will in any case, from his +own love of justice, do all that is in his power." + +But what result was to be expected? The old judges, unaccustomed to +speeches, regarded the concluding proceedings rather as a formality, +and decided on their verdict from the documents, whatever Counsel might +say. It depended entirely on their opinion and what Werner thought of +the crime he had explained a few hours ago! And even if before that he +had been of another opinion, now that he knew the opinion of the +Minister of Justice.... "Fool that I am," said Sendlingen between his +teeth, "it was I who told him!" Again he looked half-maddened by his +anguish and wandered about the room wringing his hands. + +Suddenly he stopped. His face grew more livid, his brows contracted in +a dark frown, his lips were tightly pressed together. A new idea had +apparently occurred to him, a dark uncanny inspiration, against which +he was struggling but which returned again and again, and took +possession of him. "That would be salvation," he muttered. "If +to-morrow's sentence is only for a short term of imprisonment, the +higher Court would never increase it to a sentence of death!" + +He paced slowly to the window, his head bowed as if the weight of that +thought lay upon his neck like a material burden, and stared out into +the street. The early shades of the autumn evening were falling; on the +other side of a window in a building opposite, a young woman entered +with a lamp for her husband. She placed it on his work-table, and +lightly touched his hair with her lips. Sendlingen saw it plainly, he +could distinguish every piece of furniture in the room and also the +features of the couple, and as he knew them, he involuntarily whispered +their names. But his brain unceasingly continued to spin that dark web, +and at times his thoughts escaped him in a low whisper. + +"What is there to prevent me? Nobody knows my relationship to her and +she herself has no suspicion. I am entitled to it, and it would arouse +no suspicion. Certainly it would be difficult, it would be a horrible +time, but how much depends on me!" + +"Wretch!" he suddenly cried, in a hard, hoarse voice. "The world does +not know your relationship, but you know it! What you intend is a +crime, it is against justice and law!" + +"Oh my God!" he groaned: "Help me! Enlighten my poor brain! Would it +not be the lesser crime if I were to save her by dishonourable means, +than if I were to stand by with folded arms and see her delivered to +the hangman! Can this be against Thy will, Thou who art a God of love +and mercy? Can my honour be more sacred than her life?" + +He sank back and buried his face in his hands. "But it does not concern +my honour alone," he said. "It would be a crime against Justice, +against the most sacred thing on earth! O my God, have mercy upon me!" + +While he lay there in the dark irresolute, his body a prey to fever, +his soul torn by worse paroxysms, he heard first of all a gentle, then +a louder knocking at the door. At length it was opened. + +"My Lord!" said a loud voice: it was Herr von Werner. + +"Here I am," quickly answered Sendlingen rising. + +"In the dark?" asked old Werner with astonishment. "I thought perhaps +you had forgotten the appointment--it is five o'clock and the members +of the Committee of Discipline are waiting for us. Has your +indisposition perhaps returned?" + +"No! I was merely sitting in deep thought and forgot to light the +candles. Come, I am quite ready." + +"Will you allow me a question?" asked Werner, stepping forward as far +as the light which streamed in from the corridor. "In fact it is a +request. The clerk told me that you had been asking to see the +documents relating to to-morrow's trial. Would you perhaps like to +preside at it?" + +Sendlingen did not answer at once. "I am not posted up in the matter," +he at length said with uncertain voice. + +"The case is very simple and a glance at the deed of accusation would +sufficiently inform you. In fact I took the liberty of asking this +question in order to have the documents fetched at once from Herr +Berger. I myself--hm, my daughter, the wife of the finance counsellor, +is in fact expecting, as I just learn, tomorrow for the first +time--hm,--a happy event. It is natural that I should none the less be +at the disposal of the Court, but--hm,--trusting to your official +goodnature----" + +Sendlingen had supported himself firmly against the back of the chair. +His pulses leapt and his voice trembled as he answered: + +"I will take the case." + +Then both the men started for the Court. When they came out into the +full light of the corridor, Werner looked anxiously at his chief. "But +indeed you are still very white!" he cried. "And your face has quite a +strange expression. You appear to be seriously unwell, and I have just +asked you----" + +"It is nothing!" interrupted Sendlingen impatiently. "Whom does our +present transaction relate to?" + +"You will be sorry to hear of it," was the answer, "I know that you too +had the best opinion of the young man. It relates to Herbich, an +assistant at the Board of Trade office: he has unfortunately been +guilty of a gross misuse of his official position." + +"Oh--in what way?" + +"Money matters," answered Werner cursorily, and he beckoned to a +messenger and sent him to Berger's. + +They then entered the Court where the three eldest Judges were already +waiting for them. The Chief Justice opened the sitting and called for a +report of the case to be read. + +It was different from what one would have expected from Werner's +intimation: Herbich had not become a criminal through greed of gain. +His mother, an old widow, had, on his advice, lent her slender fortune +which was to have served as her only daughter's dowry, to a friend of +his, a young merchant of excellent reputation. Without any one +suspecting it, this honourable man had through necessity gradually +become bankrupt, and when Herbich one morning entered his office at the +Board of Trade, he found the manager of a factory there who, to his +alarm, demanded a decree summoning a meeting of his friend's creditors. +Instead of fulfilling this in accordance with the duties of his office, +he hurried to the merchant and induced him by piteous prayers to return +the loan on the spot. Not till then did he go back to the office and +draw up the necessary document. By the inquiries of other creditors +whose fractional share had been diminished by this, the matter came to +light. Herbich was suspended, though left at liberty. There was no +permanent loss to the creditors, as the sister had in the meantime +returned the whole of the amount to the administrator of the estate. +The report recommended that the full severity of the law should take +effect, and that the young man should not only be deprived of his +position, but should forthwith be handed over to justice. + +Sendlingen had listened to the lengthy report motionless. Only once had +he risen, to arrange the lampshade so that his face remained in +complete shadow. Then he asked whether the committee would examine the +accused. It was in no way bound to do so, though entitled to, and +therefore Herbich had been instructed to hold himself in waiting at the +Court at the hour of the inquiry. + +The conductor of the inquiry was opposed to any examination. Not so +Baron Dernegg, one of the Judges, a comfortable looking man with a +broad, kindly face. It seemed to him, he explained, that the +examination was a necessity, as in this way alone could the motives of +the act be brought fully to light. The Committee was equally divided on +the subject: the casting vote therefore lay with Sendlingen. He +hesitated a long while, but at length said with a choking voice: "It +seems to me, too, that it would be humane and just to hear the +unfortunate man." + +Herbich entered. His white, grief-worn face flushed crimson as he saw +the Judges, and his gait was so unsteady that Baron Dernegg +compassionately motioned him to sit down. The trembling wretch +supported himself on the back of a chair as he began laboriously, and +almost stutteringly, to reply to the Chief Justice's question as to +what he had to say in his defence. + +He told of his intimate friendship with the merchant and how it was +entirely his own doing that the loan had been made. When he came to +speak of his offence his voice failed him until at length he blurted +out almost sobbing: "No words can express how I felt then!... My sister +had recently been betrothed to an officer. The money was to have served +as the guarantee required by the war-office; if it was lost the wedding +could not take place and the life's happiness of the poor girl would +have been destroyed. I did not think of the criminality of what I was +doing. I only followed the voice of my heart which cried out: 'Your +sister must not be made unhappy through your fault!' My friend's +resistance first made me conscious of what I had begun to do! I sought +to reassure him and myself by sophisms, pointing out how insignificant +the sum was compared with his other debts, and that any other creditor +would have taken advantage of making the discovery at the last moment. +I seemed to have convinced him, but, as for myself, I went away with +the consciousness of being a criminal." + +He stopped, but as he continued his voice grew stronger and more +composed. + +"A criminal certainly! But my conscience tells me that of two crimes I +chose the lesser. But to no purpose: the thing came out; my sister +sacrificed her money and her happiness. I look upon my act now as I did +then. Happy is the man who is spared a conflict between two duties, +whose heart is not rent, whose honour destroyed, as mine has been; but +if he were visited as I was, he would act as I acted if he were a man +at all! And now I await your verdict, for what I have left to say, +namely what I once was, you know as well as I do!" + +A deep silence followed these words. It was for Sendlingen to break it +either by another question or by dismissing the accused. He, however, +was staring silently into space like one lost to his surroundings. At +length he murmured: "You may go." + +The discussion among the Judges then began and was hotly carried on, as +two opposite views were sharply outlined. Baron Dernegg and the fourth +Judge were in favour of simple dismissal without any further +punishment, while the promoter, supported by Werner, was in favour of +his original proposition. The matter had become generally known, he +contended, and therefore the dignity of Justice demanded a conspicuous +satisfaction for the outraged law. + +The decision again rested with Sendlingen, but it seemed difficult for +him to pronounce it. "It is desirable, gentlemen," he said, "that your +verdict should be unanimous. Perhaps you will agree more easily in an +informal discussion. I raise the formal sitting for a few minutes." + +But he himself took no part in their discussion, but stepped to the +window. He pressed his burning forehead against the cool glass: his +face again wore that expression of torturing uncertainty. But gradually +his features grew composed and assumed a look of quiet resolve. When +Werner approached and informed him that both parties still adhered +obstinately to their own opinion, he stepped back to the table and said +in a loud, calm voice: + +"I cast my vote for the opinion of Baron Dernegg. The dignity of +Justice does not, in my opinion, require to be vindicated only by +excessive severity; dismissal from office and ruin for life are surely +sufficient punishment for a fatal _error_." + +Werner in spite of his boundless respect for superiors, could not +suppress a movement of surprise. + +Sendlingen noticed it. "An error!" he repeated emphatically. "Whoever +can put himself in the place of this unfortunate man, whoever can +comprehend the struggles of his soul, must see that, according to his +own ideas, he had indeed to choose between two crimes. His error was to +consider that the lesser crime which in reality was the greater. I have +never been a blind partisan of the maxim: 'Fiat justitia et pereat +mundus,'--but I certainly do consider it a sacred matter that every +Judge should act according to law and duty, even if he should break his +heart in doing so! However, I repeat, it was an error, and therefore it +seems to me that the milder of the two opinions enforces sufficient +atonement." + +Then he went up to Werner. "Forgive me," he said, "if I withdraw my +promise in regard to tomorrow's trial. I am really not well enough to +preside." + +"Oh! please--hm!--well if it must be so." + +"It must be so," said Sendlingen, kindly but resolutely. "Good evening, +gentlemen." + + + + + CHAPTER III. + + +Sendlingen went to his own quarters; his old manservant let him in and +followed him with anxious looks into his study. + +"You may go, Franz!" he said shortly and sharply. "I am not at home to +anybody." + +"And should Dr. Berger?" + +"Berger?" He shook his head decidedly. Then he seemed to remember some +one else. "I will see him," he said, drawing a deep breath. + +The old man went out hesitatingly: Sendlingen was alone. But after a +few minutes the voice of his friend was audible in the lobby, and +Berger entered with a formidable bundle of documents under his arm. + +"Well, how goes it now?" cried the portly man, still standing in the +doorway. "Better, certainly, as you are going to preside to-morrow. +Here are the papers." + +He laid the bundle on the table and grasped Sendlingen's outstretched +hand. "A mill-stone was rolled from my neck when the messenger came. In +the first place, I knew you were better again, and secondly the chief +object of my visit at noon to-day was attained without my own +intervention." + +"Did you come on that account?" + +"Yes, Victor,--and not merely to greet you." The advocate's broad, open +face grew very serious. "I wanted to draw your attention to to-morrow's +trial, not only from motives of pity for the unfortunate girl, but also +in the interests of Justice. Old Werner, who gets more and more +impressed with the idea that he is combating the Revolution in every +case of child-murder, is not the right Judge for this girl. 'There are +cases,' once wrote an authority on criminal law, 'where a sentence of +death accords with the letter of the law, but almost amounts to +judicial murder.' I hope you will let this authority weigh with you, +though you yourself are he. Now then, if Werner is put in a position +to-morrow to carry out the practice to which he has accustomed himself +in the last few weeks, we shall have one of these frightful cases." + +Sendlingen made no reply. His limbs seemed to grow rigid and the +beating of his heart threatened to stop. "How--how does the case +stand?" he at length blurted out hoarsely and with great effort. + +"Your voice is hoarse," remarked Berger innocently. "You must have +caught cold on the journey. Well, as to the case." He settled himself +comfortably in his chair. "It is only one of the usual, sad stories, +but it moved me profoundly after I had seen and spoken to the poor +wretch. Victorine Lippert is herself an illegitimate child and has +never found out who her father was; even after her mother's death no +hint of it was found among her possessions. As she was born in Radautz, +a small town in the Bukowina, and as her mother was governess in the +house of a Boyar, it is probable that she was seduced by one of these +half-savages or perhaps even a victim to violence. I incline to the +latter belief, because Hermine Lippert's subsequent mode of life and +touching care for her child, are against the surmise that she was of +thoughtless disposition. She settled in a small town in Styria and made +a scanty living by music lessons. Forced by necessity, she hazarded the +pious fraud of passing as a widow,--otherwise she and her child must +have starved. After eight years a mere chance disclosed the deception +and put an end to her life in the town. She was obliged to leave, but +obtained a situation as companion to a kind-hearted lady in Buda-Pesth, +and being now no longer able to keep her little daughter with her, she +had her brought up at a school in Gratz. Mother and child saw one +another only once a year, but kept up a most affectionate +correspondence. Victorine was diligent in her studies, grave and +accomplished beyond her years, and justified the hope that she would +one day earn a livelihood by her abilities. This sad necessity came +soon enough. She lost her mother when she was barely fifteen: the +Hungarian lady paid her school fees for a short time, and then the +orphan had to help herself. Her excellent testimonials procured +her the post of governess in the family of the widowed Countess +Riesner-Graskowitz at Graskowitz near Golotz. She had the charge of two +small nieces of the Countess and was patient in her duties, in spite of +the hardness of a harsh and utterly avaricious woman. In June of last +year, her only son, Count Henry, came home for a lengthy visit." + +Sendlingen sighed deeply and raised his hand. + +"You divine the rest?" asked Berger. "And indeed it is not difficult to +do so! The young man had just concluded his initiation into the +diplomatic service at our Embassy in Paris, and was to have gone +on to Munich in September as attaché. Naturally he felt bored in the +lonely castle, and just as naturally he sought to banish his boredom +by trying to seduce the wondrously beautiful, girlish governess. +He heaped upon her letters full of glowing protestations--I mean to +read some specimens to-morrow, and amongst them a valid promise of +marriage--and the girl of seventeen was easily fooled. She liked the +handsome, well-dressed fellow, believed in his love as a divine +revelation and trusted in his oaths. You will spare me details, I +fancy; this sort of thing has often happened." + +"Often happened!" repeated Sendlingen mechanically, passing his hand +over his eyes and forehead. + +"Well to be brief! When the noble Count Henry saw that the girl was +going to become a mother before she herself had any suspicion of it, he +determined to entirely avoid any unpleasantness with his formidable +mother, and had himself sent to St. Petersburg. Meantime a good-natured +servant girl had explained her condition to the poor wretch and had +faithfully comforted her in her boundless anguish of mind, and helped +her to avoid discovery. Her piteous prayers to her lover remained +unanswered. At length there came a letter--and this, too, I shall read +to-morrow--in which the scoundrel forbade any further molestation and +even threatened the law. And now picture the girl's despair when, +almost at the same time, the countess discovered her secret,--whether +by chance or by a letter of the brave count, is still uncertain. +Certainly less from moral indignation than from fear of the expense, +this noble lady was now guilty of the shocking brutality of having the +poor creature driven out into the night by the men-servants of the +house! It was a dark, cold, wet night in April: shaken with fever and +weary to death, the poor wretch dragged herself towards the nearest +village. She did not reach it; halfway, in a wood, some peasants from +Graskowitz found her the next morning, unconscious. Beside her lay her +dead, her murdered child." + +Sendlingen groaned and buried his face in his hands. + +"Her fate moves you?" asked Berger. "It is certainly piteous enough! +The men brought her to the village and informed the police at Golotz. +The preliminary examination took place the next day. It could only +establish that the child had been strangled; it was impossible to take +the depositions of the murderess: she was in the wildest delirium, and +the prison-doctor expected her to die. But Fate," Berger rose and his +voice trembled--"Fate was not so merciful. She recovered, and was sent +first to Golotz and then brought here. She admitted that in the +solitude of that dreadful night, overcome by her pains, forsaken of God +and man, she formed the resolve to kill herself and the child--when and +how she did the deed she could not say. I am persuaded that this is no +lie, and I believe her affirmation that it was only unconsciousness +that prevented her suicide. Doesn't that appear probable to you too?" + +Sendlingen did not answer. "Probable," he at length muttered, "highly +probable!" + +Berger nodded. "Thus much," he continued, "is recorded in the judicial +documents, and as all this is certainly enough to arouse sympathy, I +went to see her as soon as the defence was allotted to me. Since that I +have learnt more. I have learnt that a true and noble nature has been +wrecked by the baseness of man. She must have been not only +fascinatingly beautiful, but a character of unusual depth and purity. +One can still see it, just as fragments of china enable us to guess the +former beauty of a work of art. For this vessel is broken in pieces, +and her one prayer to me was: not to hinder the sentence of death!... +But I cannot grant this prayer," he concluded. "She must not die, were +it only for Justice's sake! And a load is taken off my heart to think +that a human being is to preside at the trial to-morrow, and not a +rhetoric machine!" + +He had spoken with increasing warmth, and with a conviction of spirit +which this quiet, and indeed temperate man, seldom evinced. + +His own emotion prevented him from noticing how peculiar was his +friend's demeanour. Sendlingen sat there for a while motionless, his +face still covered with his hands, and when he at length let them fall, +he bowed his head so low that his forehead rested on the edge of the +writing-table. In this position he at last blurted forth: + +"I cannot preside to-morrow." + +"Why not?" asked Berger in astonishment. "Are you really ill?" And as +he gently raised his friend's head and looked into his worn face he +cried out anxiously: "Why of course--you are in a fever." + +Sendlingen shook his head. "I am quite well, George! But even if it +cost me my life, I would not hand over this girl to the tender mercies +of others, if only I dared. But I dare not!" + +"You _dare_ not!" + +"The law forbids it!" + +"The law? You are raving!" + +"No! no!" cried the unhappy man springing up. "I would that I were +either mad or dead, but such is not my good fortune! The law forbids +it, for a father----" + +"Victor!" + +"Everything tallies, everything! The mother's name--the place--the year +of birth--and her name is Victorine." + +"Oh my God! She is your----" + +"My daughter," cried the unfortunate wretch in piercing tones and then +quite broke down. + +Berger stood still for an instant as if paralysed by pity and +amazement! Then he hurried to his friend, raised him and placed him in +his arm-chair. "Keep calm!" he murmured. "Oh! it is frightful!... Take +courage!... The poor child!" He was himself as if crushed by the weight +of this terrible discovery. + +Breathing heavily, Sendlingen lay there, his breast heaving +convulsively; then he began to sob gently; far more piteously than +words or tears, did these despairing, painfully subdued groans betray +how exceedingly he suffered. Berger stood before him helplessly; he +could think of no fitting words of comfort, and he knew that whatever +he could say would be said in vain. + +The door was suddenly opened loudly and noisily; old Franz had heard +the bitter lamenting and could no longer rest in the lobby. "My Lord!" +he screamed, darting to the sufferer. "My dear good master." + +"Begone!" Sendlingen raised himself hastily. "Go, Franz--I beg!" he +repeated, more gently. + +But Franz did not budge. "We are in pain," he muttered, "and Fräulein +Brigitta may not come in and I am sent away! What else is Franz in the +world for?" He did not go until Berger by entreaties and gentle force +pushed him out of the door. + +Sendlingen nodded gratefully to his friend. + +"Sit here," he said, pointing to a chair near his own. "Closer +still--so! You must know all, if only for her sake! You shall have no +shred of doubt as to whom you are defending to-morrow, and perhaps you +may discover the expedient for which I have racked my brain in vain. +And indeed I desire it on my own account. Since the moment I discovered +it I feel as if I had lost everything. Everything--even myself! You are +one of the most upright men I know; you shall judge me, George, and in +the same way that you will defend this poor girl, with your noble heart +and clear head. Perhaps you will decide that some other course is +opened to me beside----" + +He stopped and cast a timid glance at a small neat case that lay on his +writing-table. Berger knew that it contained a revolver. + +"Victor!" he cried angrily and almost revolted. + +"Oh, if you knew what I suffer! But you are right, it would be +contemptible. I dare not think of myself. I dare not slink out of the +world. I have a duty to my child. I have neglected it long enough,--I +must hold on now and pay my debt. Ah! how I felt only this morning, and +now everything lies around me shivered to atoms. Forgive me, my poor +brain can still form no clear thought! But--I will--I must. Listen, I +will tell you, as if you were the Eternal Judge Himself, how everything +came about." + + + + + CHAPTER IV. + + +After a pause he began: "I must first of all speak of myself and what I +was like in those days. You have only known me for ten years: of my +parents, of my childhood, you know scarcely anything. Mine was a +frightful childhood, more full of venom and misery than a man can often +have been condemned to endure. My parents' marriage--it was hell upon +earth, George! In our profession we get to know many fearful things, +but I have hardly since come across anything like it. How they came to +be married, you know,--all the world knows. I am convinced that they +never loved one another; her beauty pleased his senses, and his +condescension may have flattered her. No matter! from the moment that +they were indissolubly bound, they hated one another. It is difficult +to decide with whom the fault began; perhaps it lay first of all at my +father's door. Perhaps the common, low-born woman would have been +grateful to him for having made her a Baroness and raised her to a +higher rank in life, if only he had vouchsafed her a little patience +and love. But he could not do that, he hated her as the cause of his +misfortune, and she repaid him ten-fold in insult and abuse, and in +holding him up, humbled enough already, to the derision and gossip of +the little town. + +"Betwixt these two people I grew up. I should have soon got to know the +terms they were on even if they had striven anxiously to conceal them, +but that they did not do. Or rather: he attempted to do so, and that +was quite sufficient reason for her to drag me designedly into their +quarrels, for she knew that this was a weapon wherewith to wound him +deeply. And when she saw that he idolized me as any poor wretch does +the last hope and joy that fate has left him, she hated me. On that +account and on that account alone, she knew that every scolding, every +blow, she gave me, cut him to the quick. No wonder that I hated and +feared her, as much as I loved and honoured my father. + +"What he had done I already accurately knew by the time I was a boy of +six: he had married out of his rank and a Sendlingen might not do that! +For doing so his father had disowned him, for doing so he had to go +through life in trouble and misery, in a paltry hole and corner where +the people mocked at his misfortune. My mother was our curse!--Oh, how +I hated her for this, how by every fresh ill-usage at her hands, my +heart was more and more filled with bitter rancour. + +"You shudder, George?" he said stopping in his story. "This glimpse +into a child's soul makes you tremble? Well--it is the truth, and you +shall hear everything that happened. + +"If I did not become wicked, I have to thank my father for it. I was +diligent because it gave him pleasure. I was kind and attentive to +people because he commanded it. He was often ill; what would have +become of me if I had lost him then and grown up under my mother's +scourge, I dare not think. I was spared this greatest evil: his +protecting hand continued to be stretched out over me, and when we +moved to Klagenfurth he began to live again. The intercourse with +educated people revived him and he was once more full of hope and +endeavour. My mother now began to be ill and a few months after our +arrival she died. We neither of us rejoiced at her death, but what we +felt as we stood by her open coffin was a sort of silent horror. + +"And now came more happy days, but they did not last long. Mental +torture had destroyed my father's vitality, and the rough +mountain-climate had injured his lungs. The mild air of the plain +seemed to restore him for a time, but then the treacherous disease +broke out in all its virulence. He did not deceive himself about his +condition, but he tried to confirm me in hope and succeeded in doing +so. When, after a melancholy winter, in the first days of spring, his +cough was easier and his cheeks took colour, I, like a thoughtless boy, +shouted for joy,--he however knew that it was the bloom of death. + +"And he acted accordingly. One May morning--I had just completed my +fourteenth year--he came to my bed-side very early and told me to dress +myself with all speed. 'We are going for an excursion,' he said. There +was a carriage at the door. We drove through the slumbering town and +towards the Wörther-see. It was a lovely morning, and my father was so +affectionate--it seemed to me the happiest hour I had ever had! When we +got to Maria Wörth, the carriage turned off from the lake-side and we +proceeded towards the Tauer Mountains through a rocky valley, until we +stopped at the foot of a hill crowned with a ruin. Slowly we climbed up +the weed-grown path; every step cost the poor invalid effort and pain, +but when I tried to dissuade him he only shook his head. 'It must be +so!' he said, with a peculiarly earnest look. At length we reached the +top. Of the old building, little remained standing except the outer +walls and an arched gateway. 'Look up yonder,' he said, solemnly. 'Do +you recognize that coat of arms?' It consisted of two swords and a St. +Andrew's cross with stars in the field." + +"Your arms?" asked Berger. + +Sendlingen nodded. "They were the ruins of Sendlingen Castle, once our +chief possession on Austrian soil. My father told me this, and began to +recount old stories, how our ancestor was a cousin of Kaiser Conrad and +had been a potentate of the Empire, holding lands in Franconia and +Suabia, and how his grandson, a friend of one of the Hapsburgs, had +come to Carinthia and there won fresh glory for the old arms. It was a +beautiful and affecting moment,--at our feet the wild, lonely +landscape, dreamily beautiful in the blue atmosphere of a spring day, +no sound around us save the gentle murmur of the wind in the wild +elder-trees, and with all this the tones of his earnest, enthusiastic +voice. My father had never before spoken as he did then, and while he +spoke, there rose before my eyes with palpable clearness the long line +of honourable nobles who had all gloriously borne first the sword and +then the ermine, and the more familiar their age and their names +became, the higher beat my heart, the prouder were my thoughts and +every thought was a vow to follow in their footsteps. + +"My father may have guessed what was passing in my heart, he drew me +tenderly to him, and as he told me of his own father, the first judge +and nobleman of the land, tears started from his eyes. 'He was the last +Sendlingen worthy of the name,' he concluded, 'the last!' + +"'Father,' I sobbed, 'whatever I can and may do will be done, but you +too will now have a better fate.' + +"'I!' he broke in, 'I have lived miserably and shall die miserably! But +I will not complain of my fate, if it serves as a warning to you. +Listen to me, Victor, my life may be reckoned by weeks, perhaps by +days, but if I know my cousins aright, they will not let you stand +alone after my death. They will not forget that you are a Sendlingen, +so long as you don't forget it yourself. And in order that you may +continue mindful of it, I have brought you hither before I die! Unhappy +children mature early; you have been in spite of all my love, a very +unhappy child, Victor, and you have long since known exactly why my +life went to pieces. Swear to me to keep this in mind and that you will +be strict and honourable in your conduct, as a Sendlingen is in duty +bound to be.' + +"'I swear it!' I exclaimed amid my tears. + +"'One thing more!' he continued, 'I must tell you, although you are +still a boy, but I have short time to stay and better now than not at +all! It is with regard to women. You will resist my temptations, I am +sure. But if you meet a woman who is noble and good but yet not of your +own rank, and if your heart is drawn to her, imperiously, irresistibly, +so that it seems as if it would burst and break within your breast +unless you win her, then fly from her, for no blessing can come of it +but only curses for you both. Curses and remorse, Victor--believe your +father who knows the world as it is.... Swear to me that you will never +marry out of your rank!' + +"'I swear it!' I repeated. + +"'Well and good,' he said solemnly. 'Now I have fulfilled my duty and +am ready ... let us go, Victor.' + +"He was going to rise, but he had taxed his wasted lungs beyond their +strength: he sank back and a stream of blood gushed from his lips. It +was a frightful moment. There I stood, paralysed with fear, helpless, +senseless, beside the bleeding man--and when I called for help, there +was not a soul to hear me in that deep solitude. I had to look on while +the blood gushed forth until my father utterly broke down. I thought he +was dead but he had only fainted. A shepherd heard the cry with which I +threw myself down beside him, he fetched the driver, they got us into +the carriage and then to Klagenfurth. Two days later my poor father +died." + +He stopped and closed his eyes, then drew a deep breath and continued: + +"You know what became of me afterwards. My dying father was not +deceived in his confidence: the innocent boy, the last of the +Sendlingens, was suddenly overwhelmed with favours and kindness. It was +strange how this affected me, neither moving me, nor exalting, nor +humbling me. Whatever kindness was done me, I received as my just due; +it was not done to me, but to my race in requital for their services, +and I had to make a return by showing myself worthy of that race. All +my actions were rooted in this pride of family: seldom surely has a +descendant of princes been more mightily possessed of it. If I strove +with almost superhuman effort to fulfil all the hopes that were set on +me at school, if I pitilessly suppressed every evil or low stirring of +the heart, I owe it to this pride in my family: the Sendlingen had +always been strong in knowledge, strict to themselves, just and good to +others,--_must_ I not be the same? And if duty at times seemed too +hard, my father's bitter fate rose before me like a terrifying +spectre, and his white face of suffering was there as a pathetic +admonition--both spurring me onward. But the same instinct too +preserved me from all exultation now that praise and honour were +flowing in upon me; it might be a merit for ordinary men to distinguish +themselves, with a Sendlingen it was a duty! + +"And so I continued all those years, first at school, then at the +University, moderate, but a good companion, serious but not averse to +innocent pleasures. I had a liking for the arts, I was foremost in the +ball-room and in the Students' Réunions,--in one thing only I kept out +of the run of pleasure: I had never had a love-affair. My father's +warning terrified me, and so did that old saying: 'A Sendlingen can +never be a scoundrel!' And however much travelling changed my views in +the next few years, in this one thing I continued true to myself. +Certainly this cost me no great struggle. Many a girl whom I had met in +the society I frequented appeared lovable enough, but I had not fallen +in love with any, much less with a girl not of my own rank, of whom I +hardly knew even one. + +"So I passed in this respect as an exemplary young man, too exemplary, +some thought, and perhaps not without reason. But whoever had taken me +at the time I entered upon my legal career, for an unfeeling calculator +with a list of the competitors to be outstripped at all costs, in the +place where other people carry a palpitating heart, would have done me +a great injustice. I was ambitious, I strove for special promotion, not +by shifts and wiles, but by special merit. And as to my heart,--oh! +George, how soon I was to know what heart-ache was, and bliss and +intoxication, and love and damnation!" + +He rose, opened his writing-table, and felt for the secret drawer. But +he did not open it; he shook his head and withdrew his hand. "It would +be of no use," he murmured, and remained for awhile silently brooding. + +"That was in the beginning of your career?" said Berger, to recall him. + +"Yes," he answered. "It was more than twenty years ago, in the winter +of 1832. I had just finished my year of probation at Lemburg under the +eyes of the nearest and most affectionate of my relations, Count +Warnberg, who was second in position among the judges there. He was an +uncle, husband of my father's only sister. He had evinced the most +cruel hardness to his brother-in-law, to me he became a second father. +At his suggestion and in accordance with my own wish, I was promoted to +be criminal Judge in the district of Suczawa. The post was considered +one of the worst in the circuit, both my uncle and I thought it the +best thing for me, because it was possible here within a very short +time, to give conclusive proof of my ability. Such opportunities, +however, were more abundant than the most zealous could desire: in +those days there prevailed in the southern border-lands of the +Bukowina, such a state of things as now exists only in the Balkan +Provinces or in Albania. It was perhaps the most wretched post in the +whole Empire, and in all other respects exceptionally difficult. The +ancient town, once the capital of the Moldavian Princes, was at +that time a mere confusion of crumbling ruins and poverty-stricken +mud-cabins crowded with dirty, half-brutalized Roumanians, Jews and +Armenians. Moreover my only colleague in the place was the civil judge, +a ruined man, whom I had never seen sober. My only alternative +therefore was either to live like an anchorite, or to go about among +the aristocracy of the neighborhood. + +"When I got to know these noble Boyars, the most educated of them ten +times more ignorant, the most refined ten times more coarse, the most +civilized ten times more unbridled than the most ignorant, the coarsest +and the most unbridled squireen of the West, I had no difficulty in +choosing: I buried myself in my books and papers. But man is a +gregarious animal--and I was so young and spoiled, and so much in need +of distraction from the comfortless impressions of the day, that I grew +weary after a few weeks and began to accept invitations. The +entertainments were always the same: first there was inordinate eating, +then inordinate drinking, and then they played hazard till all hours. +As I remained sober and never touched a card, I was soon voted a +wearisome, insupportable bore. Even the ladies were of this opinion, +for I neither made pretty speeches, nor would I understand the looks +with which they sometimes favoured me. That I none the less received +daily invitations was not to be wondered at; a real live Baron of the +Empire was, whatever he might be, a rare ornament for their 'salons,' +and to many of these worthy noblemen it seemed desirable in any case to +be on a good footing with the Criminal Judge. + +"One of them had particular reason for this, Alexander von Mirescul, a +Roumanianised Greek; his property lay close to the Moldavian frontier +and passed for the head-quarters of the trade in tobacco smuggling. He +was not to be found out, and when I saw him for the first time, I +realized that that would be a difficult business; the little man with +his yellow, unctuous face seemed as if he consisted not of flesh and +bone, but of condensed oil. It was in his voice and manner. He was +manifestly much better educated and better mannered than the rest, as +he was also much more cunning and contemptible. I did not get rid of +this first impression for a long while, but at length he managed to get +me into his house; I gradually became more favourable to him as he was, +in one respect at least, an agreeable exception; he was a tolerably +educated man, his daughters were being brought up by a German governess +and he had a library of German books which he really read. I had such a +longing for the atmosphere of an educated household that one evening I +went to see him. + +"This evening influenced years of my life, or rather, as I have learnt +to-day, my whole life. I am no liar, George, and no fanciful dreamer, +it is the literal truth: I loved this girl from the first instant that +I beheld her." + +Berger looked up in astonishment. + +"From the first instant," Sendlingen repeated, and he struggled with +all speed through his next words. + +"I entered, Mirescul welcomed me: my eye swept over black and grey +heads, over well-known, sharp-featured, olive-faces. Only one was +unknown to me: the face of an exquisitely beautiful girl encircled by +heavy, silver-blond, plaited hair. Her slender, supple figure was +turned away from me, I could only see her profile; it was not quite +regular, the forehead was too high, the chin too peculiarly prominent; +I saw all that, and yet I seemed as if I had never seen a girl more +beautiful and my heart began to beat passionately. I had to tear my +looks away, and talk to the lady of the house, but then I stared again, +as if possessed, at the beautiful, white unknown who stood shyly in a +corner gazing out into the night. 'Our governess, Fräulein Lippert,' +said Frau von Mirescul, quietly smiling as she followed the direction +of my looks. + +"'I know,' I answered nervously, almost impatiently; I had guessed that +at once. Frau von Mirescul looked at me with astonishment, but I had +risen and hurried over to the lonely girl: one of the most insolent of +the company, the little bald Popowicz, had approached her. I was, +afraid that he might wound her by some insulting speech. How should +this poor, pale, timorous child defend herself alone against such a +man? He had leant over her and was whispering something with his +insolent smile, but the next instant he started back as if hurled +against the wall by an invisible hand, and yet it was only a look of +those gentle, veiled, grey eyes, now fixed in such a cold, hard stare +that I trembled as they rested on me. But they remained fixed upon me +and suddenly became again so pathetically anxious and helpless. + +"At length I was beside her: I no longer required to defend her from +the elderly scamp, he had disappeared. I could only offer her my hand +and ask: 'Did that brute insult you?' But she took my hand and held it +tight as if she must otherwise have fallen, her eyelids closed in an +effort to keep back her tears. 'Thank you,' she stammered. 'You are a +German, are you not Baron Sendlingen? I guessed as much when you came +in! Oh if you knew!' + +"But I do know all, I know what she suffers in this 'salon,' and now we +begin to talk of our life among these people and our conversation flows +on as if it had been interrupted yesterday. We hardly need words: I +understand every sigh that comes from those small lips at other times +so tightly closed, she, every glance that I cast upon the assembly. But +my glances are only fugitive for I prefer looking straight into that +beautiful face so sweetly and gently attractive, although the mouth and +chin speak of such firm determination. She often changes colour, but it +is more wonderful that I am at times suddenly crippled by the same +embarrassment, while at the next moment I feel as if my heart has at +length reached home after years and years,--perhaps a life-time's +sojourn in a chill strange land. + +"An hour or more passed thus. We did not notice it; we did not suspect +how much our demeanour surprised the others until Mirescul approached +and asked me to take his wife in to supper. We went in; Hermine was not +there. 'Fräulein Hermine usually retires even earlier,' remarked Frau +von Mirescul with the same smile as before. I understood her, and with +difficulty suppressed a bitter reply: naturally this girl of inferior +rank, whose father had only been a schoolmaster, was unworthy of the +society of cattle-merchants, horse-dealers and slave-drivers whose +fathers had been ennobled by Kaiser Franz! + +"After supper I took my leave. Mirescul hoped to see me soon again and +I eagerly promised: 'As soon as possible.' And while I drove home +through the snow-lit winter's night, I kept repeating these words, for +how was I henceforth to live without seeing her?" + +"After the first evening?" said Berger, shaking his head. "That was +like a disease!" + +"It was like a fatality!" cried Sendlingen. "And how is it to be +explained? I do not know! I wanted at first to show you her likeness, +but I have not done so, for however beautiful she may have been, her +beauty does not unsolve the riddle. I had met girls equally beautiful, +equally full of character before, without taking fire. Was it because I +met her in surroundings which threw into sharpest relief all that was +most charming in her, because I was lonelier than I had ever been +before, because I at once knew that she shared my feelings? Then +besides, I had not as a young fellow lived at high pressure. I had not +squandered my heart's power of loving; the later the passion of love +entered my life, the stronger, the deeper would be its hold upon me. + +"Reasons like these may perhaps satisfy you; me they do not. He who has +himself not experienced a miracle, but learns of it on the report of +another, will gladly enough accept a natural explanation; but to him +whose senses it has blinded, whose heart it has convulsed, to him it +remains a miracle, because it is the only possible conception of the +strange, overmastering feelings of such a moment. When I think of those +days and how she and I felt--no words can tell, no subtlest speculation +explain it. Look at it as you may, I will content myself by simply +narrating the facts. + +"And it is a fact that from that evening I was completely +metamorphosed. For two days I forced myself to do my regular duties, on +the third I went to Oronesti, to Mirescul's. The fellow was too cunning +to betray his astonishment, he brimmed over with pleasure and suggested +a drive in sleighs, and as the big sleigh was broken we had to go in +couples in small ones, I with Hermine. This arrangement was evident +enough, but how could I show surprise at what made me so blessed? Even +Hermine was only startled for a moment and then, like me, gave herself +up unreservedly to her feelings. + +"And so it was in all our intercourse in the next two weeks. We talked +a great deal and between whiles there were long silences; perhaps these +blissful moments of speechlessness were precisely the most beautiful. +During those days I scarcely touched her hand: we did not kiss one +another, we did not speak of our hearts: the simple consciousness of +our love was enough. It was not the presence of others that kept us +within these bounds; we were much alone; Mirescul took care of that." + +"And did that never occur to you?" asked Berger. + +"Yes, at times, but in a way that may be highly significant of the +spell under which my soul and senses laboured at the time. A man in a +mesmeric trance distinctly feels the prick of a needle in his arm; he +knows that he is being hurt; but he has lost his sense of pain. In some +such way I looked upon Mirescul's friendliness as an insult and a +danger, but my whole being was so filled with fantastic, feverish bliss +that no sensation of pain could have penetrated my consciousness." + +"And did you never think what would come of this?" + +"No, I could swear to it, never! I speculated as little about my love, +as the first man about his life: he was on the earth to breathe and to +be happy; of death he knew nothing. And she was just the same; I know +it from her letters later, at that time we did not write. And so we +lived on, in a dream, in exaltation, without a thought of the morrow." + +"It must have been a cruel awakening," said Berger. + +"Frightful, it was frightful!" He spoke with difficulty, and his looks +were veiled. "Immediately, in the twinkling of an eye, happiness was +succeeded by misery, the most intoxicating happiness by the most +lamentable, hideous misery.... One stormy night in March I had had to +stay at Mirescul's because my horses were taken ill, very likely +through the food which Mirescul had given them.... I was given a room +next to Hermine's. + +"On the next day but one--I was in my office at the time--the customs +superintendent of the neighbouring border district entered the room. He +was a sturdy, honourable greybeard, who had once been a Captain in the +army. 'We have caught the rascal at last,' he announced. 'He has +suddenly forgotten his usual caution. We took him to-night in the act +of unloading 100 bales of tobacco at his warehouses. Here he is!' + +"Mirescul entered, ushered in by two of the frontier guards. + +"'My dear friend!' he cried. 'I have come to complain of an unheard-of +act of violence!' + +"I stared at him, speechless; had he not the right to call me his +friend,--how often had I not called him friend in the last few weeks. + +"'Send these men away.' I was dumb. The superintendent looked at me in +amazement. I nodded silently, he shrugged his shoulders and left the +room with his officials. 'The long and the short of it is,' said +Mirescul, 'that my arrest was a misunderstanding: the officials can be +let off with a caution!' + +"'The matter must first be inquired into,' I answered at length. + +"'Among friends one's word is enough.' + +"'Duty comes before friendship.' + +"'Then you take a different view of it from what I do,' he answered +coming still closer to me. 'It would have been my duty to protect the +honour of a respectable girl living in my house as a member of the +family. It would now be my duty to drive your mistress in disgrace and +dishonour from my doors. I sacrifice this duty to my friendship!' + +"Ah, how the words cut me! I can feel it yet, but I cannot yet describe +it. He went, and I was alone with my wild remorse and helpless misery." + +Sendlingen rose and walked up and down excitedly. Then he stood still +in front of his friend. + +"That was the heaviest hour of my life, George--excepting the present. +A man may perhaps feel as helpless who is suddenly struck blind. The +worst torture of all was doubt in my beloved; the hideous suspicion +that she might have been a conscious tool in the hands of this villain. +And even when I stifled this thought, what abominations there were +besides! I should act disgracefully if for her sake I neglected my +duty, disgracefully if I heartlessly abandoned her to the vengeance of +this man! She had a claim upon me--could I make her my wife? My +oath to my dying father bound me, and still more, even though I did +not like to admit it, my ambition, my whole existence as it had been +until I knew her. My father's fate--my future ruined--may a man fight +against himself in this way? Still--'A Sendlingen can never be a +scoundrel'--and how altogether differently this saying affected me +compared to my father! He had only an offence to expiate, I had a +sacred duty to fulfil: he perhaps had only to reproach himself with +thoughtlessness--but I with dishonour. + +"And did I really love her? It is incomprehensible to me now how I +could ever have questioned it, how I could ever have had those hideous +doubts: perhaps my nature was unconsciously revenging herself for the +strange, overpowering compulsion laid on her in the last few weeks, +perhaps since everything, even the ugliest things, had appeared +beautiful and harmonious in my dream, perhaps it was natural, now that +my heart had been so rudely shaken, that even the most beautiful things +should appear ugly. Perhaps--for who knows himself and his own heart? + +"Enough! this is how I felt on that day and on the night of that day. +Oh! how I writhed and suffered! But when at last the faint red light of +early morning peeped in at my window, I was resolved. I would do my +duty as a judge and a man of honour: I would have Mirescul imprisoned, +I would make Hermine my wife. I no longer had doubts about her or my +love, but even if it had not been so, my conscience compelled me to act +thus and not otherwise, without regard to the hopes of my life. + +"I went to my chambers almost before it was day, had the clerk roused +from bed and dictated the record of the superintendent's information +and a citation to the latter. Then I wrote a few lines to Hermine, +begging her to leave Mirescul's house at once and to come to me. 'Trust +in God and me,' I concluded. This letter I sent with my carriage to +Oronesti; two hours later I myself intended to set out to the place +with gendarmes to search the house and arrest Mirescul. But a few +minutes after my coachman had left the court, the Jewish waiter from +the hotel of the little town brought me a letter from my dear one. 'I +have been here since midnight and am expecting you.' The lady looked +very unwell, added the messenger compassionately, and was no doubt ill. + +"I hastened to her. When she came towards me in the little room with +tottering steps, my heart stood still from pity and fear; shame, +remorse and despair--what ravages in her fresh beauty had they not +caused in this short space? I opened my arms and with a cry she sank on +my breast. 'God is merciful,' she sobbed. 'You do not despise me +because I have loved you more than myself: so I will not complain.' + +"Then she told me how Mirescul--she had kept her room for the two last +days for it seemed to her as if she could never look anyone in the face +again--had compelled her to grant him an interview yesterday evening. +He requested her to write begging me to take no steps against him, +otherwise he would expose and ruin us both. 'Oh, how hateful it was!' +she cried out, with a shudder. 'It seemed to me as if I should never +survive the ignominy of that hour. But I composed myself; whatever was +to become of me, you should not break your oath as Judge. I told him +that I would not write the letter, that I would leave his house at +once, and when he showed signs of detaining me by force, I threatened +to kill myself that night. Then he let me go,--and now do you decide my +fate: is it to be life or death!' + +"'You shall live, my wife,' I swore, 'you shall live for me.' + +"'I believe you,' said she, 'but it is difficult. Oh! can perfect +happiness ever come from what has been so hideously disfigured!' + +"I comforted her as well as I could, for my heart gave utterance to the +same piteous question. + +"Then we took counsel about the future; she could not remain in +Suczawa: we could see what vulgar gossip there would be even without +this. So we resolved that she should go to the nearest large town, to +Czernowitz, and wait there till our speedy marriage. With that we +parted: it was to have been a separation for weeks and it proved to be +for a lifetime: I never saw the unhappy girl again. + +"How did it come about that I broke my oath? There is no justification +for it, at best but an explanation. I do not want to defend myself +before you any more than I have done: I am only confessing to you as I +would to a priest if I were a believer in the Church. + +"A stroke of fate struck me in that hour of my growth, I might have +overcome it but now came its pricks and stabs. When I left Hermine to +return to my chambers, I met the customs superintendent. I greeted him. +'Have you received my citation?' I asked. He looked at me +contemptuously and passed on without answering. 'What does this mean?' +cried I angrily, catching hold of his arm. + +"'It means,' he replied, shaking himself loose, 'that in future I shall +only speak to you, even on official matters, when my duty obliges me. +That, for a time, is no longer necessary. You released Mirescul +yesterday, you did not record my depositions. Both were contrary to +your duty: I have advised my superiors in the matter and await their +commands.' + +"He passed on; I remained rooted to the spot a long while like one +struck down; the honourable man was quite right! + +"But I roused myself; now at least I would neglect my duty no longer. +Scarcely, however, had I got back to my chambers, when my colleague, +the Civil-Judge entered; he was as usual not quite sober, but it was +early in the day and he had sufficient control of his tongue to insult +me roundly. 'So you are really going to Oronesti,' he began. 'I should +advise you not, the man[oe]uvre is too patent. After twenty-four hours +nothing will be found, as we set about searching the house just to show +our good intentions--eh?' + +"'I don't require to be taught by you,' I cried flaring up. + +"'Oh, but, perhaps you do, though!' he replied. 'I might for instance +teach you something about the danger of little German blondes. But--as +you like--I wish you every success!' + +"Smarting under these sensations, I drove to Oronesti. Mirescul met me +in the most brazen-faced way; he protested against such inroads +undertaken from motives of personal revenge. And he added this further +protest to his formal deposition; he would submit to examination at the +hands of any Judge but me who had yesterday testified that the +accusation was a mistake and promised to punish the customs officials, +and to-day suddenly appeared on the scene with gendarmes. Between +yesterday and to-day nothing had happened except that he had turned my +mistress out of his house, and surely this act of domestic propriety +could not establish his guilt as a smuggler. You know, George, that I +was obliged to take down his protest--but with what sensations! + +"The search brought to light nothing suspicious; the servants, carters, +and peasants whom I examined had all been evidently well-drilled +beforehand. I had to have Mirescul arrested: were there not the bales +of tobacco which the superintendent had seized? Not having the ordinary +means of transit at night, he had had them temporarily stored in one of +the parish buildings at Oronesti under the care of two officials. I now +had them brought at once to the town. + +"When I got back to my chambers in the evening and thought over the +events of this accursed day, and read over the depositions in which my +honour and my bride's honour were dragged in the mire, I had not a +single consolation left except perhaps this solitary one, that my +neglect would not hinder the course of justice, for the smuggled wares +would clearly prove the wretch's guilt. + +"But even this comfort was to be denied me. The next morning Mirescul's +solicitor called on me and demanded an immediate examination of the +bales: his client, he said, maintained that they did not contain +smuggled tobacco from Moldavia, but leaf tobacco of the country grown +by himself and other planters, and which he was about to prepare for +the state factories. The request was quite legitimate; I at once +summoned the customs superintendent as being an expert; the old man +appeared, gruffly made over the documents to my keeping and accompanied +us to the cellars of the Court house where the confiscated goods had +been stored. When his eye fell on them he started back indignantly, +pale with anger: 'Scandalous!' he cried, 'unheard of! These bales are +much smaller--they have been changed!' + +"'How is it possible?' + +"'You know that better than I do,' he answered grimly. + +"The bales were opened; they really contained tobacco in the leaf. My +brain whirled. After I had with difficulty composed myself, I examined +the two officials who had watched the goods at Oronesti; the exchange +could only have been effected there; the men protested their innocence; +they had done their duty to the best of their ability; certainly this +was the third night which they had kept watch although the +Superintendent, before hurrying to the town, had promised to release +them within a few hours. This too I had to take down; the proof namely +that my hesitation in doing my duty had not been without harm. And now +my conscience forbade me to arrest Mirescul, although by not doing so, +I only made my case worse. + +"So things stood when two days later an official from Czernowitz +circuit arrived in Suczawa to inquire into the case. You know him +George; he was a relation of yours, Matthias Berger, an honest, +conscientious man. 'Grave accusations have been made against you,' he +explained, 'by Mirescul's solicitor, by the Civil Judge and by the +Customs Superintendent, But they contradict each other: I still firmly +believe in your innocence: tell me the whole truth.' + +"But that I could not do: I could not be the means of dragging my +bride's name into legal documents, even if I were otherwise to be +utterly ruined. So in answer to the questions why I had delayed +twenty-four hours, I could only answer that an overwhelming private +matter had deprived me of the physical strength to attend to my duties. +With regard to Hermine, I refused to answer any questions. Berger shook +his head sadly; he was sorry for me, but he could not help me. He must +suspend me from my functions while the inquiry lasted and appoint a +substitute from Czernowitz: moreover he exacted an oath from me not to +leave the place without permission of the Court. Mirescul was let out +on bail. + +"A fortnight went by. It clings to my memory like an eternity of grief +and misery. I have told you what I strove for and hoped for, you will +be able to judge how I suffered. Four weeks before I was one of the +most rising officers of the State: now I was a prisoner on parole, +oppressed by the scorn and spite of men, held up to the ignominy of all +eyes. I dared hope nothing from my relations, least of all from my +uncle, Count Warnberg: I knew that he would not save me so that I might +marry a governess about whom--Mirescul and his friends took care of +that--there were the ugliest reports in circulation. And you will +consider it human, conceivable, that every letter of Hermine's was a +stab in my heart. + +"She wrote daily. When she spoke of her feelings during our brief span +of joy, it seemed to me as if she depicted my own innermost +experiences. This at least gave me the consolation of knowing that I +was not tied to an unworthy woman: but the bonds were none the less +galling and cut into the heart of my life. Only rarely, very gently, +and therefore with a twofold pathos, did she complain of her fate; but +her grief on my account was wild and passionate; she had heard of my +plight but not through me. I sought to comfort her as well as I might; +but ah me! there was no word of release or deliverance: how could I +have broached it, how have claimed it from her? + +"One day there came her usual letter; it was written with a visibly +trembling hand. My uncle had been to see her; he was hurrying from +Lemberg in great anxiety to see me, and had stopped at Czernowitz to +treat with her of the price for which she would release me. In every +line there was the deepest pathos; she had shown him the door. + +"'He will implore you to leave me,' she concluded; 'act as your +conscience bids you. And I will tell you something that I refused to +tell Count Warnberg; he asked me whether I had another, a more sacred +claim upon you. I don't know, Victor, but as I understand our bond in +which I live and suffer, that does not affect it; if you will not make +me your wife for my own sake, neither could regard for the mother of +your child be binding on you!' + +"Two hours after I received this letter, my uncle arrived. I was +terrified at the sight of him, his face was so dark, and hard, and +strange. My father had once said to me shortly before his death: 'Take +care never to turn that iron hand against you; it would crush you as it +has crushed me.' I had never before understood these words, indeed I +had completely forgotten them, but now they came back to me and I +understood them before my uncle opened his mouth. + +"'Tell your story,' he began, and his voice sounded to me as if I had +never heard it before. 'Tell the whole truth. This at least I expect of +you. You surely don't wish to sink lower than--than another member of +your family. A Sendlingen has at all events never lied! Now tell your +story.' + +"I obeyed: he was told what you have just been told, though no doubt it +sounded different; confused, passionate and scarcely intelligible. But +he understood it; he had no single question to ask after I had +finished. + +"'The same story as before,' he said, 'but uglier, much uglier. The +father only sullied his coat of arms, the son his judge's honour as +well.' + +"I fired up. I tried to defend myself, he would not allow it. 'Tirades +serve no good purpose,' he said, coldly. 'You wish to convince me that +you were not in criminal collusion with Mirescul? I have never thought +so. That he is really guilty and can be convicted in spite of your +neglect of duty? I have been through the papers and have just +cross-examined the customs superintendent. The police are already on +the way to re-arrest him; he will be put in prison. But your fault will +be none the less in consequence; if there is no lasting stigma on the +administration of justice, there is upon your honour. Your conduct in +this man's house, your hesitation,--it would be bad for you if you had +to suffer what you have merited! According to justice and the laws, +your fate is sealed; it is only a question whether you will prove +yourself worthy of pardon and pity!' + +"'In anything that you may ask,' I answered, 'except only in one thing: +Hermine is to be my wife. A Sendlingen can never be a scoundrel.' + +"He drew himself up to his full height and stepped close up to me. 'Now +listen to me, Victor, I will be brief and explicit. Whether you stain +your honour by marrying this girl, or whether you do so by not marrying +her, the all-just God above us knows. We, His creatures, can only judge +according to our knowledge and conscience, and in my judgment, the girl +is unworthy of you. In this matter there is your conviction against my +conviction. But what I do know better than you is, that this marriage +would load you with ignominy before the whole world! You will perhaps +answer: better the contempt of others than self-contempt, but that is +not the question. If you marry this girl, I am as sure as I am of my +existence, that you will soon be ashamed of it, not only before others +but in your own heart. For pure happiness could not come of such a +beginning--it is impossible. The gossip of the world, the ruin of your +hopes, would poison your mind and hers,--you would be wretched yourself +and make her wretched, and would at length become bad and miserable. +The man who forgets his duty to himself and to the world for a matter +of weeks and then recovers himself, is worthy of commiseration and +help; but he who is guilty of a moral suicide deserves no pity. And +therefore listen to me and choose. If you marry this girl your +subsequent fate is indifferent to me; you will very likely be stripped +of your office; or in the most favourable event, transferred, by way of +punishment, to some out of the way place where your father's fate may +be repeated in you. If you give her up you may still be saved, for +yourself, for our family and for the State: then I will do for you, +what my conscience would allow me to do for any subordinate of whose +sincere repentance I was convinced, and I will intercede for the +Emperor's pardon as if you were my own son. To-morrow I return to +Lemberg, whether alone or with you--you must decide by to-morrow.' He +went." + +Sendlingen paused. "How I struggled with myself," he began again, but +his voice failed him, until at length he gasped forth with hollow voice +and trembling lips: "Oh! what a night it was! The next morning I wrote +a farewell letter to Hermine, and started with Count Warnberg to +Lemberg." + +Then there followed a long silence. At length Berger asked: "You did +not know that she bore your child in her bosom?" + +"No, I know it to-day for the first time. In that last letter of mine I +had offered her a maintenance: she declined it at once. Then I left +that part of the country. A few months later I inquired after her; I +could only learn that she had disappeared without leaving a trace. And +then I forgot her, I considered that all was blotted out and washed +away like writing from a slate, and rarely, very rarely, in the dusk, +or in a sleepless night, did the strange reminiscence recur to me. But +Fate keeps a good reckoning--O George! I would I were dead!" + +"No, no!" said Berger with gentle reproof. He was deeply moved, his +eyes glistened with tears, but he constrained himself to be composed. +"Thank God, you are alive and willing, and I trust able to pay your +debt. How great this debt may be--or how slight--I will not determine. +Only one thing I do know: you are, in spite of all, worthy of the love +and esteem of men, even of the best men, of better men than I am. When +I think of it all; your life up to that event and what it has been +since, what you have made of your life for yourself and others, then +indeed it overcomes me and I feel as if I had never known a fate among +the children of men more worthy of the purest pity. This is no mere sad +fate, it is a tragic one. Against the burden of such a fate, no parade +of sophistry, no petty concealments or prevarications will be of avail. +You say it is against your feelings to preside at to-morrow's trial?" + +"Yes," replied Sendlingen. "It seems to me both cowardly and +dishonourable; cowardly, to sacrifice the law instead of myself, +dishonourable to break my Judge's oath! But I shrink from doing so for +another reason; an offence should not be expiated by an injustice; I +dread the all-just Fates." + +"I cannot gainsay you," said Berger rising. "But in this one thing we +are agreed. Let us wait for the verdict, and then we will consider what +your duty is. It is long past midnight, the trial will begin in seven +hours. I will try and get some sleep. I shall need all my strength +to-morrow. Follow my example, Victor, perhaps sleep may be merciful to +you." + +He seized his friend's hands and held them affectionately in his; his +feelings again threatened to overcome him and he hastily left the room +with a choking farewell on his lips. + +Sendlingen was alone. After brooding awhile, he again went to the +secret drawer of his writing-table. At this moment the old servant +entered. "We will go to bed now," he said. "We will do it out of pity +for ourselves, and Fräulein Brigitta, and me!" + +His look and tone were so beseeching that Sendlingen could not refuse +him. He suffered himself to be undressed, put out the lamp, and closed +his eyes. But sleep refused to visit his burning lids. + + + + + CHAPTER V. + + +When the grey morning appeared, he could no longer endure to lie +quietly in his bed while his soul was tormented with unrest, he got up, +dressed himself, left his room and went out of doors. + +It was a damp, cold, horrid autumn morning: the fog clung to the houses +and to the uneven pavement of the old town: a heavy, yellow vapor, the +smoke of a factory chimney kept sinking down lower and lower. The +lonely wanderer met few people, those who recognized him greeted him +respectfully, he did not often acknowledge the greeting and when he +did, it was unconsciously. Most of them looked after him in utter +astonishment; what could have brought the Chief Justice so early out of +doors? It seemed at times as if he were looking for something he had +lost; he would walk along slowly for a stretch with his looks fixed on +the ground, then he would stop and go back the same way. And how broken +down, how weary he looked today!--as if he had suddenly become an old +man, the people thought. + +Freezing with cold, while his pulses beat at fever-speed, he thus +wandered for a long while aimlessly through the desolate streets, first +this way, then that, until the morning bells of the Cathedral sounded +in his ears. He stood still and listened as if he had never heard their +mighty sound before; they appeared to vibrate in his heart; his +features changed and grew gentler as he listened; a ray of tender +longing gleamed in his white face, and, as if drawn by invisible cords, +he hurried faster and faster towards the Cathedral. But when he stood +before its open door and looked into the dark space, lit only by a dim +light, the sanctuary lamp before the high-altar, he hesitated; he shook +his head and sighed deeply, and his features again resumed their +gloomy, painful look. + +He looked up at the Cathedral clock, the hands were pointing to seven. +"An hour more," he murmured and went over towards the Court-House. It +was a huge, straggling, rectangular building, standing on its own +ground. In front were the Chief Justice's residence and the offices; at +the back the criminal prison. + +He turned towards his own quarters. He had just set his foot on the +steps, when a new idea seemed to occur to him. He hesitated. "I must," +he hissed between his teeth and he clenched his hands till the nails +ran painfully into the flesh; "I must, if only for a minute." + +He stepped back into the street, went around the building and up to the +door at the back. It was locked; there was a sentinel in front of it. +He rang the bell, a warder opened the door and seeing the Chief Justice +respectfully pulled off his hat. + +"Fetch the Governor," muttered Sendlingen, so indistinctly that the man +hardly understood him. But he hurried away and the Governor of the +prison appeared. He was visibly much astonished. "Does your Lordship +wish to make an inspection?" he asked. + +"No, only in one or two particular cases." + +"Which are they, my lord?" + +But the unhappy man felt that his strength was leaving him. "Later on," +he muttered, groping for the handle of the door so as to support +himself. "Another time." + +The Governor hastened towards him. "Your Lordship is ill again--just as +you were yesterday--we are all much concerned! May I accompany you back +to your residence? The nearest way is through the prison-yard, if you +choose." + +He opened a door and they stepped out into the prison-yard; it was +separated by a wall from the front building; the only means of +communication was an unostentatious little door in the bare, high, +slippery wall. It seemed to be seldom used; the Governor was a long +time finding the key on his bunch and when at length it opened, the +lock and hinges creaked loudly. + +"Thank you," said Sendlingen. "I have never observed this means of +communication before." + +"Your predecessor had it made," answered the Governor, "so that he +might inspect the prison without being announced. The key must be in +your possession." + +"Very likely," answered Sendlingen, and he went back to his residence. + +Franz placed his breakfast before him. "There'll be a nice ending to +this," he growled. "We are dangerously ill and yet we trapse about the +streets in all weathers. Dr. Berger, too, is surprised at our new +ways." + +"Has he been here already?" + +"He was here a few minutes ago, but will be back at eight.... But now +we have got to drink our tea." He did not budge till the cup had been +emptied. + +With growing impatience Sendlingen looked at the clock. "He can have +nothing fresh to say," he thought. "He must guess my intention and want +to hinder me. He will not succeed." + +But he did succeed. As he entered, Sendlingen had just taken up his hat +and stick. + +"You are going to the trial?" began his faithful friend almost roughly, +"You must not, Victor, I implore you. I forbid you. What will the +judges think if you are too ill to preside, and yet well enough to be +present with no apparent object. But the main thing is not to torment +yourself, it is unmanly. Do not lessen your strength, you may require +it." + +He wrested his hat from him and forced him into an armchair. + +"My restlessness will kill me if I stay here," muttered Sendlingen. + +"You would not be better in there, but worse. I shall come back to you +at once; I think, I fear, it will not last long. Don't buoy yourself up +with any hopes, Victor. Before a jury, I could get her acquitted, with +other judges, at a different time, we might have expected a short term +of imprisonment ... but now----" + +"Death!" Like a shriek the words escaped from his stifled breast. + +"But she may not, she will not die!" continued Berger. "I will set my +face against it as long as there is breath in my body, nay, I would +have done so even if she had not been your daughter. God bless you, +Victor." + +Berger gathered up his bundle of papers and proceeded along the +corridor and up some stairs, until he found himself outside the court +where the trial was to take place. Even here a hum of noise reached +him, for the court was densely crowded with spectators. As far as he +could see by the glimmer of grey morning light that broke its difficult +way in by the round windows, it was a well-dressed audience in which +ladies preponderated. "Naturally," he muttered contemptuously. + +For a few seconds eye-glasses and opera-glasses were directed upon him, +to be then again immediately turned on the accused. But her face could +not be seen; she was cowering in a state of collapse on her wooden +seat, her forehead resting on the ledge of the dock; her left arm was +spread out in front of her, her right hung listlessly by her side. +Public curiosity had nothing to sate itself on but the shudders +that at times convulsed her poor body; one of the long plaits of her +coal-black, wavy hair had escaped from beneath the kerchief on her head +and hung down low, almost to the ground, touching the muddy boots of +the soldier who did duty as sentinel close beside her. + +Berger stepped to his place behind her; she did not notice him until he +gently touched her icy cold hand. "Be brave, my poor child," he +whispered. + +She started up in terror. "Ah!" went from every mouth in Court: now at +length they could see her face. Berger drew himself up to his full +height; his eyes blazed with anger as he stepped between her and the +crowd. + +"Oh, what crowds of people!" murmured the poor girl. Her cheeks and +forehead glowed in a fever-heat of shame: but the colour soon went and +her grief-worn face was white again; the look of her eyes was weary and +faint. "To think that one should have to suffer so much before dying." + +"You will not die!" He spoke slowly, distinctly, as one speaks to a +deaf person. "You will live, and after you have satisfied the justice +of men, you will begin life over again. And when you do friendship and +love will not be wanting to you." While he was saying this, and at the +same time looking her full in the face, her resemblance to his friend +almost overpowered him. She was like her father in the colour of her +hair and eyes, in her mouth and her forehead. + +"Love and care are waiting for you!" he continued with growing warmth. +"This I can swear. Do you hear? I swear that it is so! As regards the +trial, I can only give you this advice: tell, as you have hitherto +done, the whole truth. Bear up as well as you can; oppose every lie, +every unjust accusation." + +She had heard him without stirring, without a sign of agreement or +dissent. It was doubtful whether she had understood him. But he had not +time to repeat his admonition; the Crown-advocate and the five Judges +had entered with Werner at their head. If Berger had hitherto cherished +any hope, it must have vanished now; two of the other Judges were among +the sternest on the bench; the fourth never listened and then always +chimed in with the majority; it was but a slender consolation to Berger +when he finally saw the wise and humane Baron Dernegg take his place +beside the judges. + +Werner opened the proceedings and the deed of accusation was then read +out by the Secretary of the Court. Its compiler--a young, fashionably +dressed junior Crown-advocate of an old aristocratic family, who had +only been in the profession a short time,--listened to the recital of +his composition with visible satisfaction. And indeed his +representation of the matter was very effective. + +According to him the Countess Riesner-Graskowitz was one of the noblest +women who ever lived, the Accused one of the most abandoned. A helpless +orphan, called by unexampled generosity to fill a post which neither +her years nor abilities had fitted her for, she had requited this +kindness by entangling the young Count Henry in her wiles in order to +force him into a marriage. After he had disentangled himself from these +unworthy bonds, and after Victorine Lippert knew her condition, instead +of repentantly confiding in her noble protectress, she had exhausted +all the arts of crafty dissembling in order not to be found out. And +when at length she was, as a most just punishment, suddenly dismissed +from the castle, she in cold blood murdered her child so as to be free +from the consequences of her fault. In his opinion, the Accused's +pretended unconsciousness was a manifest fable, and the crime a +premeditated one, as her conduct at the castle sufficiently proved. Her +character was not against the assumption, she was plainly corrupted at +an early age, being the daughter of a woman of loose character. + +"It is a lie! a scandalous lie!" + +Like a cry from the deepest recesses of the heart, these words suddenly +vibrated through the Court with piercing clearness. + +It was the Accused who had spoken. She had listened to the greatest +part of the document without a sound, without the slightest change of +countenance, as if she were deaf. Only once at the place where it spoke +of "manifest fable" she had gently and imperceptibly shaken her head; +it was the first intimation Berger had that she was listening and +understood the accusation. But now, hardly had the libel on her dead +mother been read, when she rose to her feet and uttered those words so +suddenly that Berger was not less motionless and dumfounded than the +rest. + +And then broke forth the hubbub; such an interruption, and in such +language, had never before occurred in Court. The spectators had risen +and were talking excitedly; the crown-advocate stood there helplessly; +even Herr von Werner had to clear his throat repeatedly before he could +ejaculate "Silence!" + +But the command was superfluous for hardly had the poor girl uttered +the words, when she fell back upon her seat, from thence to the ground, +and was now lying in a faint on the boards. + +She was carried out; it was noticed by many and caused much scandal, +that the counsel for the Accused lifted the lifeless body and helped +carry it, instead of leaving this to the warders. + +The proceedings had to be interrupted. It was another half hour before +the Accused appeared in Court again, leaning on Berger's arm, her +features set like those of an animated corpse. There was a satirical +murmur in the crowd, and Werner, too, reflected whether he should not, +there and then, reprove the Counsel for unseemly behaviour. And this +determined him to be all the severer in the reprimand which he +addressed to the Accused on account of her unheard of impertinence. She +should not escape her just punishment, the nature and extent of which +he would determine by the opinion of the prison-doctor. + +Then the reading of the deed of accusation was finished; the +examination began. There was a murmur of eager expectation among the +spectators; their curiosity was briefly but abundantly satisfied. To +the question whether she pleaded guilty, Victorine Lippert answered +quietly but with a steadier voice than one would have supposed her +capable of: + +"Yes!... What I know about my deed, I have already told in evidence. I +deserve death, I wish to die. It is a matter of indifference to one +about to die what men may think of her; God knows the truth. He knows +that much, yes most, of what has just been read here, is incorrect. I +do not contest it, but one thing I swear in the face of death, and may +God have no mercy on me in my last hour if I lie; my mother was noble +and good; no mother can ever have been better and no wife more pure. +She trusted an unworthy wretch, and he must have been worse than ever +any man was, if he could forsake her--but she was good. I implore you, +read her testimonials, her letters to me--I beseech you, I conjure you, +just a few of these letters.-For myself I have nothing to ask--" + +Her voice broke, her strength again seemed to forsake her and she sank +down on her seat. + +There was a deep silence after she had ended: in her words, in her +voice, there must have been something that the hearts of those present +could not shut out; even the crown-advocate looked embarrassed. Herr +von Werner alone was so resolutely armed to meet the Hydra of the +social Revolution, which he was bent on combating in this forlorn +creature, as to be above all pity. He would certainly have begun a +wearisome examination and have spared the poor creature no single +detail, but his daughter was expecting a happy event to-day, and Baron +Sendlingen had, notwithstanding, not had sufficient professional +consideration to take over the conduct of this trial, and the half +hour's faint of the Accused had already unduly prolonged the +proceedings--so he determined to cut the matter as short as was +compatible with his position. The accused had just again unreservedly +repeated her confession; further questions, he explained, would be +superfluous. + +The examination of the witnesses could be proceeded with at once. This +also was quickly got through. There were the peasants, who had found +Victorine and her lifeless child on the morrow of the deed, and the +prison doctor, none of whom could advance any fresh or material fact. + +The only witness of importance to the Accused was the servant-girl who +had helped her in her last few months at the castle. The girl had been +shortly after dismissed from the Countess' service, and in the +preliminary inquiry, she had confirmed all Victorine's statements; if +she to-day remained firm to her previous declarations, the accusation +of premeditated murder would be severely shaken. To Berger's alarm she +now evasively answered that her memory was weak,--she had in the +meantime gone into service at Graskowitz again. In spite of this and of +the protest of the defence, she was sworn: Berger announced his +intention of appealing for a nullification of the trial. + +Then the depositions of the Countess and her son were read; the Court +had declined to subp[oe]na them. The Countess had not spared time or +trouble in depicting the murderess in all her abandonment; but the +depositions which Count Henry had made at his embassy, were brief +enough: as far as he recollected he had made the girl no promise of +marriage, and indeed there was no reason for doing so. Berger demanded, +as proof to the contrary, that the letters which had been taken from +the Accused and put with the other papers, should he read aloud; this +the Court also declined because they did not affect the question of her +guilt. + +Then followed the speeches for and against. The Crown-Advocate was +brief enough: the trial, he contended, had established the correctness +of the charge. If ever at all, then in the present case, should the +full rigour of the law be enforced. By her protestation that she had +received a most careful bringing up from a most excellent mother, she +had herself cut from under her feet the only ground for mitigation. All +the more energetically and fully did Berger plead for the utmost +possible leniency; his knowledge of law, his intellect and his +oratorical gifts had perhaps never before been so brilliantly +displayed. When he had finished, the people in Court broke out into +tumultuous applause. + +The Judges retired to consider their verdict. They were not long +absent; in twenty minutes they again appeared in Court. Werner +pronounced sentence: death by hanging. The qualification of "unanimous" +was wanting. Baron Dernegg had been opposed to it. + +There was much excitement among the spectators. Berger, although not +unprepared for the sentence, could with difficulty calm himself +sufficiently to announce that every form of appeal would be resorted +to. The Accused had closed her eyes for a moment and her limbs trembled +like aspen-leaves, but she was able to rise by herself to follow the +warders. + +"Thank you," she said pressing Berger's hands. "But the appeal----" + +"Will be lodged by me," he said hastily interrupting her. "I shall come +and see you about it to-day." + +He hurried away down the stairs. But when he got into the long corridor +that led to Sendlingen's quarters, he relaxed his pace and at length +stood still. "This is a difficult business," he murmured and he stepped +to a window, opened it and eagerly drank in the cool autumn air as if +to strengthen himself. + +When a few minutes after he found himself in Sendlingen's lobby, he met +Baron Dernegg coming out of his friend's study. + +"Too late!" he thought with alarm. "And he has had to hear it from some +one else." + +The usually comfortable-looking Judge was much excited. "You are no +doubt coming on the same errand, Dr. Berger," he began. "I felt myself +in duty bound to let the Chief Justice know about this sentence without +delay. The way in which he received it showed me once more what a +splendid man he is, the pattern of a Judge, the embodiment of Justice! +I assure you, he almost fainted, this--hm!--questionable sentence +affected him like a personal misfortune. Please do not excite him any +more about it and talk of something else first." + +"Certainly," muttered Berger as he walked into the study. + +Sendlingen lay back in his arm-chair, both hands pressed to his face. +His friend approached him without a word; it was a long, sad silence. +"Victor," he said at last, gently touching his shoulder, "we knew it +would be so!" + +Sendlingen let his hands fall. "And does that comfort me?" he cried +wildly. And then he bowed his head still lower. "Tell me all!" he +murmured. + +Berger then began to narrate everything. One thing only he omitted: how +Victorine had spoken of her mother's betrayer. "This very day," he +concluded, "I shall lodge a nullity appeal with the Supreme Court. +Perhaps it will consider the reasons weighty enough to order a new +trial; in any case when it examines the question, it will alter the +sentence." + +"In any case?" cried Sendlingen bitterly. + +"We cannot but expect as much from the sense of justice of our highest +Judges. Perhaps the chief witness's suspicious weakness of memory may +prove a lucky thing for us. If she had stuck by her former depositions, +or if the Court had not put her on her oath, then a simple appeal to +the Supreme Court would alone have been possible. Now, the case is more +striking and more sensational." + +"And therefore all the worse!" interrupted Sendlingen. "Woe to him for +whom in these days the voice of the people makes itself heard; to the +gentry in Vienna it is worse than the voice of the devil. Besides, just +now, according to the opinion of the Minister of Justice, the world is +to be rid of child-murder by the offices of the hangman! And this is +the first case in educated circles, a much talked of case,--what a +magnificent opportunity of striking terror!" + +"You take too black a view of the matter, Victor." + +"Perhaps!--and therefore an unjust view! But how can a man in my +position be just and reasonable. Oh, George, I am so desolate and +perplexed! What shall I do; merciful Heaven, what shall I do?" + +"First of all--wait!" answered Berger. "The decision of the Supreme +Court will be known in a comparatively short time, at latest in two +months!" + +"Wait--only two months!" Sendlingen wrung his hands. "Though what do I +care for myself! But she--two months in the fear of death! To sit thus +in a lonely cell without light or air, or consolation,--behind her +unutterable misery, before her death----. Oh, she must either go mad or +die!" + +"I shall often be with her, and Father Rohn, too, I hope. And then, +too," he added, half-heartedly, "one or other of the ladies of the +Women's Society for Befriending Female Criminals. Certainly these +comforters are not worth much." + +"They are worth nothing," cried Sendlingen vehemently. "Oh, how +they will torture the poor girl with their unctuous virtue and +self-satisfied piety! I have to tolerate these tormentors, the Minister +of Justice insists on it, but at least they shall not enter this cell, +I will not allow it--or at least, only the single one among them who is +any good, my old Brigitta----" + +"Your housekeeper?" asked Berger, in perplexity and consternation. +"That must not be! She might guess the truth. The girl!" he hesitated +again--"is like you, very like you Victor--and anyone who sees you so +often and knows you so well as Brigitta----" + +"What does that matter?" Sendlingen rose. "She is discreet, and if she +were not--what does it matter, I repeat. Do you suppose that I never +mean to enter that cell?" + +"You! Impossible!" + +"I shall and I must! I will humour you in everything except in this one +thing!" + +"But under what pretext? Have you ever visited and repeatedly visited +other condemned criminals?" + +"What does that matter to me? A father must stand by his child!" + +"And will you tell other people so?" + +"Not until I am obliged; but then without a moment's hesitation. She, +however, must be told at once, in fact this very day." + +"You must not do that, Victor. Spare the poor girl this sudden +revelation." + +"Then prepare her beforehand! But to-morrow it must be!" + +Berger was helpless; he knew what Victorine would say to her father if +she suddenly encountered him. + +"Give her a little more time!" he begged, "Out of pity for her +shattered nerves and agitated mind, which will not bear any immediate +shock." + +This was a request that Sendlingen could not refuse. + +"Very well, I will wait," he promised. "But you will not wish to +prevent me from seeing her to-morrow. I have in any case to inspect the +prison. But I promise you: I will not betray myself and the governor of +the jail shall accompany me." + + + + + CHAPTER VI. + + +Weighed down by sorrow, Berger proceeded homewards. To the solitary +bachelor Sendlingen was more than a friend, he was a dearly loved +brother. He was struck to the heart, as by a personal affliction, with +compassion for this fate, this terrible fate, so suddenly and +destructively breaking in upon a beneficent life, like a desolating +flood. + +Would this flood ever subside again and the soil bring forth flowers +and fruit? The strong man's looks darkened as he thought of the future: +worse than the evil itself seemed to him the manner in which it +affected his friend. Alas! how changed and desolated was this splendid +soul, how hopeless and helpless this brave heart! And it was just their +last interview, that sudden flight from the most melancholy +helplessness to the heights of an almost heroic resolve, that gave +Berger the greatest uneasiness. + +"And it will not last!" he reflected with much concern. "Most certainly +it will not! Perhaps even now, five minutes after, he is again lying +back in his arm chair, broken down, without another thought, another +feeling, save that of his misery! And could anything else be expected? +That was not the energetic resolve of a clear, courageous soul, but the +diseased, visionary effort of feverishly excited nerves! Again he does +not know whether he will see her or what he ought to do.... And do I +know, would any one know in the presence of such a fate?" + +Had he deserved this fate? + +"No!" cried Berger to himself. "No!" he passionately repeated as he +paced up and down his study, trying to frame the wording of the appeal. +Clumsy and uncouth, blind and cruel, seemed to him the power that had +ordered things as they had come about. It seemed no better than some +rude elemental force. "He can no more help it," he muttered, "than the +fields can help a flood breaking in upon them." + +But he could not long maintain this view, comforting as it was to him, +much as he strove to harbour it. "He has done wrong," he thought, "and +retribution is only the severer because delayed." Other cases in his +experience occurred to him: long concealed wrongs and sins that had +afterwards come into the light of day, doubly frightful. "And such +offences increase by the interest accruing until they are paid," he was +obliged to think. From the moment that he heard his friend's story, all +the facts it brought to light seemed to him like the diabolical sport +of chance; but now he no longer thought it chance but in everything saw +necessity, and he was overcome by the same idea to which he had given +voice at the conclusion of his friend's narration, namely that this was +no mere sad fate, but a tragic one. + +It was a singular idea, compounded of fear and reverence. When Berger +reflected how one act dovetailed into another, how link fitted into +link in the chain of cause and effect, how all these people could not +have acted otherwise than they were obliged to act, how guilt had of +necessity supervened, and now retribution, the strong man shuddered +from head to foot: he had to bow his head before that pitiless, +all-just power for which he knew no name ... But was it really +all-just? If all these people, if Sendlingen and Victorine had not +acted otherwise than their nature and circumstances commanded, why had +they to suffer for it so frightfully? And why was there no end to this +suffering, a great, a liberating, a redeeming end? + +"No!" cried an inward voice of his deeply agitated soul, "there must be +such a glorious solution. It cannot be our destiny to be dragged into +sin by blind powers which we cannot in any way control, like puppets by +the cords in a showman's hands, and then again, when it pleases those +powers, into still greater sins, or into an atonement a thousand times +greater than the sin itself, and so, on and on, until death snaps the +cords. No! that cannot be our destiny, and if it were, then we should +be greater than this Fate, greater, juster, more reasonable! There must +be in Sendlingen's case also, a solution bringing freedom, there +_must_--and in his case precisely most of all! It would have been an +extraordinary fate, no matter whom it had overtaken, but had it +befallen a commonplace man, it would never have grown to such a +crushing tragedy. A scoundrel would have lied to himself: 'She is not +my daughter, her mother was a woman of loose character,' and he would +have repeated this so often that he would have come to believe it. And +if remorse had eventually supervened, he would have buried it in the +confessional or in the bottle. + +"Another man, no scoundrel,--on the contrary! a man of honour of the +sort whose name is Legion,--would not have hesitated for a moment to +preside in Court in order to obtain by his authority as Chief Justice, +the mildest possible sentence. Then he would have been assiduous in +ameliorating the lot of the prisoner by special privileges, and after +she had been set at liberty, he would have bought her, somewhere at a +distance, a little millinery business or a husband, and every time he +thought of the matter, he would have said with emotion: 'What a good +fellow you are!' This has only become a tragic fate because it has +struck one of the most upright, most sensitive and noble of men, and +because this is so, there must come from that most noble and upright +heart a solution, an act of liberation bursting these iron bonds! There +must be a means of escape by which he and his poor child and Justice +herself will have their due! There _must_ be--simply because he is what +he is!" + +There was a gleam of light in Berger's usually placid, contented face, +the reflection of the thought that filled his soul and raised him above +the misery of the moment. Notwithstanding, his looks became serious and +gloomy again. + +"But what is this solution?" he asked, continuing his over-wrought +reflections. "And how shall this broken-down, sick man, weary with his +tortures, find it? And I--I know of none, perhaps no one save himself +can find it. 'Against the burden of such a fate, no parade of sophistry +will be of any avail,' I said to him yesterday. But can small +expedients be of any use? Will it be a solution if I succeed with my +appeal, if the sentence of death is commuted to penal servitude for +life or for twenty years? Can this lessen the burden of the fate?--for +her, for him?" + +"What to do?" he suddenly exclaimed aloud. He wrung his hands and +stared before him. + +Suddenly there was a curious twitching about his mouth, and his eyes +gleamed with an almost weird light. "No, no!" he muttered vehemently, +"how can such a thought even occur to me. I feel it, I am myself +becoming ill and unstrung!" + +He bounded up with a heavy stamp and hastily passed his hand over his +forehead, as though the thought which had just passed through his brain +stood written there and must be swiftly wiped away. But that thought +returned again and again and would not be scared away, that enticing +but fearful thought; how she might be forcibly liberated from prison +and carried off to new life and happiness in a distant country? + +"Madness!" he muttered and added in thought: "He would rather die and +let her die, than give his consent to this or set his hand to such a +deed! He whose conscience would not allow him to preside at the trial! +And if in his perplexity and despair he were to go so far, I should +have to bar the way and stop him even if it cost me my life.... What +was it he said yesterday: 'An offence should not be expiated by an +injustice!' and will he attempt it by another offence. 'Cowardly and +dishonourable!' yes, that it would be, and not that great deed of which +I dream; greater and more just than Fate itself." + +He seized the notes which he had made from the papers connected with +the trial, and forced himself to read them through deliberately, to +weigh them again point by point. This expedient helped him: that +horrible thought did not return, but a new thought rose, bringing +comfort in its train and took shape: "When a great act cannot be +achieved, we should not on that account omit even the smallest thing +that can possibly be done. I will set my energies against the sentence +of death, because it is the most frightful thing that could happen!" + +And now he recovered courage and eagerness for work. + +He sat at his writing table hour after hour, marshalling his reasons +and objections into a solid phalanx which in the fervour of the moment +seemed to him as if they must sweep away every obstacle, even +prejudice, even ill-will. He had bolted himself in, nobody was to +disturb him, he only interrupted himself for a few minutes to snatch a +hasty meal. Then he worked away until the last sentence stood on the +paper. + +For the first time he now looked at the clock; it was pointing to ten. +It was too late to visit the poor prisoner, and he was grieved that he +had not kept his promise. If she was perhaps secretly nourishing the +hope of being saved, she would now be doubly despairing. But it could +not now be helped and he resolved to make good his remissness early the +next morning. Sendlingen, however, he would go and see. "Perhaps he is +in want of me," he thought. "I should be much surprised if he were not +now more helpless than ever." + +He made his way through the wet, cold, foggy autumn night; things he +had never dreamt of were in store for him. + +When he pulled the bell, the door was at once opened: Fräulein Brigitta +stood before him. The candlestick in her hand trembled: the plump, +well-nourished face of the worthy lady was so full of anguish that +Berger started. "What has happened?" he cried. + +"Nothing!" she answered. "Nothing at all! It is only that I am so +silly." But her hand was trembling so much that she had to put down her +candle and the tears streamed down her cheeks as she continued with an +effort: "He went out--and has not come back--and so I thought--but I am +so silly." + +"So it seems," Berger roughly exclaimed, trying to encourage both her +and himself, but a sudden anguish so choked his utterance that what he +next said sounded almost unintelligible. "May he not pay a visit to a +friend and stay to supper there? Is he so much under your thumb that he +must give you previous notice of his intention? He is at Baron +Dernegg's I suppose." + +"No," she sobbed. "He is not there, and Franz has already looked for +him in vain in all the places where he might be. He was twice at your +house, but your servant would not admit him. And now the old man is +scouring the streets. He will not find him!" she suddenly screamed, +burying her face in her hands. + +"Nonsense!" cried Berger almost angrily. He forced the trembling woman +into a chair, sat down beside her and took her hand. "Let us talk like +reasonable beings," he said, "like men, Fräulein Brigitta. When did he +go out?" + +"Seven hours ago, just after his dinner, which he hardly touched; it +must have been about four o'clock. And how he has been behaving ... and +especially since mid-day yesterday.... Dr. Berger," she cried +imploringly, clasping her hands, "what happened yesterday in Chambers? +When he came back from Vienna he was still calm and cheerful. It must +be here and yesterday that some misfortune struck him. I thought at +first that it was illness, but I know better now: it is a misfortune, a +great misfortune! Dr. Berger, for Christ's sake, tell me what it is!" + +She would have sunk down at his feet, if he had not hastily prevented +her. "Be reasonable!" he urged, "It is an illness, Fräulein +Brigitta,--the heart, the nerves." + +She shook her head vigorously. "I guess what it is." She pointed in the +direction of the jail. "Something has happened in the prison over there +that is a matter of life and death to him." + +He started. "Why do you suppose that?" + +"Because he behaved so strangely--just listen to this." But she had +first the difficult task of calming herself before she could proceed. +"Well, when I went into his room to-day to tell him dinner was ready, +he was standing in front of his writing-table rummaging in all the +drawers. 'What are you looking for, my Lord?' I asked. 'Nothing,' he +muttered and he sent me away, saying he was just coming. Twenty minutes +later I ventured to go back again; he was still searching. 'Have you +ever,' he now himself asked, 'heard of any keys that my predecessor is +said to have handed over?' 'Yes,' I replied, 'the keys of the +residence.' 'No, others, and among them the key of the door which----' +He checked himself suddenly and turned away as though he had already +said too much. 'What door?' I asked in utter astonishment. He muttered +something unintelligible and then roughly told me the soup could wait. +It cuts me to the heart. Dear Heaven, how wretched he looks, and I am +not accustomed to be spoken to by him in that way; but what does that +matter? I went and spoke to Franz. 'Perhaps,' he said, 'he means the +keys that are in the top drawer of his business table.' So we went and +looked and there, sure enough, was a bunch of keys--quite rusty, Dr. +Berger." + +"Go on, to the point," said Berger impatiently. + +"Well, I took them to him; as I said, a whole bunch with a written +label on each. He looked through them with trembling hands. Dr. Berger, +and at last his face lit up. 'That's the one!' he muttered and took the +key off the bunch and put it in his breast pocket. Then he turned round +and when he saw me--great Heaven! what eyes he had--wicked, frightened +eyes. 'Are you still here?' he said flaring up into a rage. 'What do +you want playing the spy here?' Yes, Dr. Berger, he said 'playing the +spy'--and he has known me for fifteen years." + +"He is ill you see!" said Berger soothingly. "But go on!" + +"Then he sat down to dinner and there he behaved very strangely. God +forgive me ... Usually he only drinks one glass of Rhine-wine--you know +the sort--to-day he gulped down three glasses one after another, took a +few spoonfuls of soup and then went back to his room. And then I said: +Franz, I said--but you won't want to hear that. Dr. Berger. But what +follows you must hear; it's very strange--God help us! only too +strange." + +"Well?" + +"After about ten minutes or so, I heard his step in the lobby; the door +slammed; well, he had gone out. 'By all that's sacred!' thinks I in +great trouble of mind. Then Franz came in quite upset. 'Fräulein!' he +whispered, 'he's going up and down in the court outside!' 'Impossible!' +said I, 'what does he want there?' We went to the bedroom window that +looks down into the court and there, sure enough, is his Lordship! He +was going--or rather he was creeping along by the wall that separates +our court from the prison yard. It was drizzling at the time and it was +no longer quite light, but I could see his face plainly: it was the +face of a man who doesn't know what to do--ah me! worse still--the face +of a man who doesn't know what he's doing. And he behaved like it, Dr. +Berger! He stopped in front of the little door in the wall, looked +anxiously up at the windows to see if anyone was watching him--but the +clerks and officials had all gone, we were the only people who saw +him--he pulled out that key from his breast pocket and tried to unlock +the door. For a long time he couldn't succeed, but at last the door +opened. However, he only shut it again quickly and locked it. Then he +began anxiously to pace up and down again. It was just as if he had +only wanted to try whether the key would open the door. What do you +think of that?" + +"The door through which one can get from here into the prison?" Berger +spoke slowly, in a muffled tone, as if he were speaking to himself. +Then he continued in the same tone: "Oh, how frightful that would be! +This soul in the mire, this splendid soul!--Go on!" he then muttered as +he saw that the housekeeper was looking at him in amazement. + +"Well, then he went quickly back through the hall into the street and +on towards the square. Franz crept after him at a distance. He seemed +at first as if he wanted to go to your house, then he came back here, +but to the other door, on the prison side. There he stood, close up to +it, for a long time, a quarter of an hour Franz says, and then went to +the left down Cross Street and then--what do you think, Dr. Berger?" + +"Back the same way," said Berger slowly, "and again stood for a long +time in front of the prison." + +"How can you know that?" asked the old lady in astonishment. + +Berger's answer was a strange one. "I can see it!" he said. And indeed, +with the eyes of his soul, Berger could see his unhappy friend +wandering about in the misty darkness, dragged hither and thither, by +whirling, conflicting thoughts. "Perhaps he is at this moment standing +there again!" He had not meant to say this, but the thought had +involuntarily given itself voice. + +"What now!" Fräulein Brigitta crossed herself. "We will go and see at +once! Come! Oh, that would be a good thing! I will just go and fetch my +shawl. But you see I was right. This trouble is connected with the +prison; some injustice has been done, and he feels it nearly because he +is such a just judge." + +"Because he is such a just judge," repeated Berger, mechanically, +without thinking of what he was saying, for while he spoke those words +he was saying to himself: "He has gone mad!" + +Then, however, he shook off the spell of this horror that threatened to +cripple both soul and body. "You stay at home," he said in a tone of +command. "I will find him and bring him back, you may rely upon that. +One thing more, where did Franz leave him?" + +"Ah, he was too simple! When his Lordship came into the square for the +third time, Franz went up to him and begged him to come home. Upon that +he became very angry and sent Franz off with the strongest language. +But he called after him that he was going to Baron Dernegg's, only as I +said, he has not been there, and----" + +"Keep up your spirits, Fräulein Brigitta! I shall be back soon." He +went down the steps, "Keep up your spirits!" he called back to her once +more; she was standing at the top of the steps holding the candle at +arm's length before her. + +Berger stepped into the street and walked swiftly round the building to +the prison door. He himself was in need of the exhortation he had +given: he felt as if in the next moment he might see something +frightful. + +But there was nothing to be seen when he at length reached the place +and approached the door, nothing save the muddy slippery ground, the +trickling, mouldy walls, the iron-work of the door shining in the +wet--nothing else, so far as the red, smoky light of the two lanterns +above the door could show through the fog and rain. And there was +nothing to be heard save the low pattering of the rain-drops on the +soft earth or, when a sudden gust of the east-wind blew, the creaking +of some loosened rafter and a whirring, long-drawn, complaining sound +that came from the bare trees on the ramparts when they writhed and +bent beneath its icy breath. + +"Victor!" + +There was a movement in the sentry box by the door; the poor, frozen +Venetian soldier of the Dom Miguel regiment who had sheltered himself +inside as well as he could from the rain and cold, poked out his heavy +sleepy head so that the shine of his wet leather shako was visible for +an instant. He muttered an oath and wrapped himself the closer in his +damp overcoat. + +Berger sighed deeply. A minute before he was sure he had seen the poor +madman standing motionless in the desolate night, his eyes rigidly +fixed upon the door that separated him from his daughter, and now that +he was spared the sight, he could take no comfort, for a far worse +foreboding convulsed his brain. + +Hesitatingly he returned to the front part of the building and, +increasing his pace, he went down the street towards the market-place, +aimlessly, but always swifter, as if he had to go where chance led him, +so as to arrive in time to stop some frightful deed. + +The streets were deserted, nothing but the wind roamed through the +drenching solitude, nothing but the voices of the night greeted his +ear; that ceaseless murmur and rustle and stir, which, drowned by the +noise of the day, moves in the dark stillness, as though dead and dumb +things had now first found a voice to reach the sense of men. + +He often had to stop; it seemed to him as if he heard the piteous +groaning of a sick man, or the half stifled cry for help of one +wounded. But it was nothing; the wind had shaken some rotting roof, or +somewhere in the far distance a watch-dog had given a short, sharp +bark. The lonely wanderer held his breath in order to hear better, +looked also perhaps into some dark corner and then hurried on. + +He reached the market place. Here he came upon human beings again, the +sentries before the principal guard-house, and as he passed the column +commemorative of the cholera in the middle of the square, there was the +night-watchman who had pitched upon a dry sleeping place in one of the +niches of the irregular monument. Berger stopped irresolutely; should +he wake him up and question him? + +Another form at this moment emerged from a neighbouring street; a man +who with bowed head and halting pace glided along by the houses: was +this not Franz? Berger could not yet, by the light of the meagre lamps, +accurately distinguish him in the all-pervading fog. But the man came +nearer and nearer; he was behaving peculiarly; he was looking into +every door-way, and when he came to the "Sign of the Arbour," a very +ancient shop full of recesses, he went into each of these recesses, so +that a spectator saw him alternately appearing and disappearing. When +he at length reappeared just under a lamp Berger recognised him; it was +really the old servant. "Like a faithful dog seeking his master," he +said to himself as he hurried towards him. + +Franz rushed to meet him. "You know nothing of him?" + +"Be quiet, man. We will look for him together." + +"No, separately!" He seized Berger's arm and grasped it convulsively. +"You by the river-side and I up here. There is not a moment to lose." + +Berger asked no more questions but hurried down the broad, inclined +street that led to the river. Here, in Cross Street, where most of the +pleasure-resorts were, there were still signs of life; he had +repeatedly to get out of the way of drunken men who passed along +bawling; poor forlorn looking girls brushed past him. In one of the +quieter streets he noticed a moving light coming nearer and nearer: it +was a large lantern in the hand of a servant who was carefully lighting +the gentleman who followed him. + +Berger recognised the features of the little, wizened creature who, in +spite of the awful weather was contentedly tripping along, with +satisfaction in every lineament, under the shelter of a mighty +umbrella; it was the Deputy Chief-Justice, Herr von Werner. He would +have passed by without a word, but Werner recognised him and called to +him. + +"Eh! eh! it's Dr. Berger!" he snickered. "Out so late! Hee, hee! I seem +to be meeting all the important people! First--hee! hee! the Lord Chief +Justice and now----" + +"Have you seen him?" + +"Why yes. You are surprised? So was I! Just as I stepped out of my +son-in-law's house, he passed by. I called after him because I wanted +to tell him the news. For you may congratulate me, Dr. Berger. +Certainly, you annoyed me this morning, you annoyed me very much I but +in my joy I will forgive you! My first grandson, a splendid boy, and +how he can cry!" + +"Where did you see him? When?" + +"Eh! goodness me, what is the matter with you? It was scarcely five +minutes ago, he was going--only fancy--towards Wurst Street. You seem +upset! And he wouldn't listen to me! Why, what is the matter?" + +Berger made no reply. Without a word of farewell, he rushed +precipitately down the street out of which Werner had come and turned +to the right into a narrow, dirty slum which led by a steep incline to +the river. + +This was Wurst Street, the poorest district of the town, the haunt of +porters, boatmen and raftsmen; alongside the narrow quay in which the +street ended, lay their craft; the corner building next the river was +the public house which they frequented. A light still glimmered behind +its small window-panes and, as Berger hurried by, the sound of rough +song and laughter greeted his ears. + +He did not stop till he came right up to the river's edge. Its waters +were swollen by the autumn rains; swift and tumultuous they coursed +along its broad bed, perceptible to the ear only, not to the eye, so +fearfully dark was the night. Berger could not even distinguish the +wooden foot-bridge that here crossed the river, until he was close up +to it. + +Hesitatingly he stepped upon the shaky structure. The bridge was +scarcely two foot broad, its balustrade was rotten and the footway +slippery. Over on the other side a solitary light, a lantern, was +struggling against wind and fog; its reflection swayed uncertainly on +the soaking bridge; when it suddenly flared up in the wind, its +flickering, red light revealed for a moment the angry, swollen flood. + +Berger stood still irresolutely; the place was so desolate, so uncanny; +should he stay any longer? Then suddenly a low cry escaped him and he +darted forward a step. The lantern opposite had just flared up and by +its reflection he had seen a man approach the bridge and step upon it. +It seemed to Berger as if this were Sendlingen, but he did not know for +certain, as the lantern was again giving only the faintest glimmer. + +The man approached nearer, slowly, and with uncertain step, groping for +the balustrade as he came. Once more the lantern flared up--there was +the long Inverness, the gray hat--Berger doubted no longer. + +"Victor!" + +He would have shouted at the top of his voice, but the word passed over +his lips huskily, almost inaudibly: he would have darted forward ... +but could only take one solitary step more, so greatly had the +weirdness of the situation overpowered him. + +Sendlingen did not perceive him: he stopped scarcely ten paces from his +friend and bent over the balustrade. Resting on both arms, there he +stood, staring at the wild and turbulent water. + +Thus passed a few seconds. + +Again the lantern flickered up, for a moment only it gave a clear +light. Sendlingen had suddenly raised himself and Berger saw, or +thought he saw, that the unfortunate man was now only resting with one +hand on the railing, that his body was lifted up.... + +"Victor!" + +In two bounds, in two seconds, he was beside him, had seized him, +clasped him in his arms. + +"George!" + +Awful, thrilling was the cry--a cry for help?--or a cry of baffled +rage? + +Then Berger felt this convulsive body suddenly grow stiff and heavy--he +was holding an unconscious burden in his arms. + + + + + CHAPTER VII. + + +Shortly after there was such vigorous knocking at the windows of the +little river-side inn that the panes were broken. The landlord and his +customers rushed out into the street, cursing. But they ceased when +they saw the scared looking figure with its singular burden; silently +they helped to bring the prostrate form into the house. The landlord +had recognized the features; he whispered the news to the others, and +so great was the love and reverence that attached to this name, that +the rough, half-drunken fellows stood about in the bare inn-parlor, as +orderly and reverent as if they were in Church. + +The body lay motionless on the bench which they had fetched; a feather, +held to the lips, scarcely moved, so feebly did the breath come and go. +The one remedy in the poor place, the brandy with which his breast and +pulses were moistened, proved useless; not till the parish doctor, whom +a raftsman hurriedly fetched, had applied his essences, did the +unconscious man begin to breathe more deeply and at length open his +eyes. But his look was fixed and weird; the white lips muttered +confused words. Then the deep red eyelids closed again; they showed, as +did the tear-stains on his cheeks, how bitterly the poor wretch had +been weeping in his aimless wanderings. + +"We must get him home at once," said the Doctor. "There is brain fever +coming on." + +Berger sent to the hospital for a litter; it was soon on the spot; +the sick man was carefully laid on it. The bearers stepped away +rapidly; the doctor and Berger walked alongside. When they reached the +market-place they came across Franz. "Dead?" he screamed; but when he +heard the contrary, he said not another word, but hurried on ahead. + +In this way Fräulein Brigitta was informed; she behaved more calmly +than Berger could have believed. The bed was all ready; the Doctor +attached to the Courts was soon on the spot. He was of the same opinion +as his colleague. "A mortal sickness," he told Berger, "the fever is +increasing, his consciousness is entirely clouded. Perhaps it is owing +to overwork at the Inquiry in Vienna?" he added. "He may have caught a +severe cold on the top of it." + +The parish doctor departed, Franz was obliged to go to the chemist's; +Berger and the resident doctor remained alone with the invalid. The +barrister had a severe struggle with himself; should he tell the +doctor the whole truth? To any unsuspecting person, Sendlingen's +demeanor must have seemed like the paroxysm of a fever, but he knew +better! Certainly the sufferer was physically ailing, but it was not +under the weight of empty fancies that he was gently sobbing, or +burying his anguish-stricken face in the pillow; the excess of his +suffering, the terror of his lonely wanderings had completely broken +down his strength; all mastery of self had vanished; he showed himself +as he was; in a torment of helplessness. And that which seemed to the +doctor the most convincing proof of a mind unhinged Berger understood +only too well; as for instance when Sendlingen beckoned to him, and +beseechingly whispered, as if filled with the deepest shame: "Go, +George, can't you understand that I can no longer bear your looks?" + +After this Berger went out and sank into a chair in the lobby, and the +gruesome scene rose before him again; the lonely bridge lit by the +flickering lantern; the roaring current beneath him ... "Oh, what +misery!" he groaned, and for the first time for many years, for the +first time perhaps, since his boyhood, he broke out into sobs, even +though his eyes remained dry. + +A rapid footstep disturbed him. It was Franz returning with the +medicine. Berger told him to send the doctor to him at once. + +"Doctor," he said, "you shall know the truth as far as I am at liberty +to tell it." A misfortune, he told him, had befallen Sendlingen, a +misfortune great enough to crush the strongest man. "Your art," he +concluded, "cannot heal the soul, I know. But you can give my poor +friend what he most of all needs; sleep! Otherwise his torture will +wear out both body and soul." + +The doctor asked no questions; for a long while he looked silently on +the ground. Then he said, briefly: "Good! Fortunately I have the +necessary means with me." + +He went back to the sick-room. Ten minutes later, he opened the door +and made Berger come in. Sendlingen was in a deep sleep; and it must +have been dreamless, for his features had smoothed themselves again. + +"How long will this sleep last?" asked Berger. + +"Perhaps till mid-day to-morrow," replied the doctor, "perhaps longer, +since the body is so exhausted. At least, we shall know to-morrow +whether there is a serious illness in store. But even if there is not, +if it is only the torture of the mind that returns, it will be bad +enough. Very bad, in fact. Do you know no remedy for it?" + +"None!" answered the honest lawyer, feebly. They parted without a word +in the deepest distress. + +By earliest dawn, when the bells of the Cathedral rang forth for the +first time, Berger was back again in his friend's lobby. "Thank God, he +is still sleeping," whispered Fräulein Brigitta. "The worse has past, +hasn't it?" + +"We will hope so," he replied, constrainedly. For a long time he stood +at the window and stared out into the court-yard; involuntarily his +gaze fixed itself on the little door in the wall which was so small and +low that he had never noticed it before; now he observed it for the +first time. + +Then he roused himself and went to the other part of the building to +see his unfortunate client. "How is Victorine Lippert?" he asked of the +Governor who happened to be at the door. + +"Poor thing!" he said, with a shrug of the shoulders. "It will soon be +all over with her, and that will be the best thing for her." + +"Has she been suddenly taken ill?" + +"No, Dr. Berger, she is just the same as before, but the doctor does +not think she will last much longer. 'Snuffed out like a candle,' he +says. If she had any sort of hope to which her poor soul might cling; +but as it is ... Herr von Werner had sent him to her to see what +punishment she could bear for yesterday's scene in Court, but the +doctor said to him afterward: 'It would be sheer barbarity! Let her die +in peace!' But Herr von Werner was of opinion that he could not pass +over the offence without some punishment, and that she would survive +one day of the dark cell; he only relented when Father Rohn interceded +for her. The priest was with her yesterday at two o'clock, and has made +her peace with God. Do you still intend to appeal? Well, as you think +best. But it will be labor in vain, Dr. Berger! She will die before you +receive the decision." + +"God forbid!" cried Berger. + +The Governor shook his head. "She would be free in that case," he said. +"Why should you wish her to live? What do you hope to attain? +Commutation to penal servitude for life, or imprisonment for twenty +years! Does that strike you as being better? I don't think so; in my +profession it is impossible to believe it, Dr. Berger. Well, as you +think best! If you want to speak to Victorine Lippert, the warder shall +take you round." + +The Governor departed; Berger stood looking after him a long while. +Then he stepped out into the prison yard and paced up and down; he felt +the need of quieting himself before going into her cell. "That would be +frightful," he thought. "And yet, perhaps, the man is right, perhaps it +would really be best for her--and for him!" He tried to shake off the +thought, but it returned. "And it would mean the end of this fearful +complication, a sad, a pitiable end--but still an end!" But then he +checked himself. "No, it would be no end, because it would be no +solution. In misery he would drag out his whole existence; in remorse; +in despair! No, on the contrary, her death might be the worst blow that +could befal him! But what is to be done to prevent it? It would be +possible to get her ordered better food, a lighter cell, and more +exercise in the open. But all that would be no use if she is really as +bad as the doctor thinks! She will die--O God! she will die before the +decision of the Supreme Court arrives." + +More perplexed and despairing than before, he now repaired to her cell. +The warder unlocked it and he entered. + +Victorine was reclining on her couch, her head pressed against the +wall. At his entrance, she tried to rise, but he prevented her. "How +are you?" he asked. "Better, I hope?" + +"Yes," she answered softly, "and all will soon be well with me." + +He knew what she meant and alas! it was only too plainly visible that +this hope at least was not fallacious. Paler than she had latterly been +it was almost impossible that she should become, but more haggard +Berger certainly thought her; her whole bearing was more broken down +and feeble. "She is right," he thought, but he forced himself and made +every endeavour to appear more confident than he really was. + +"I am glad of that!" He tried to say it in the most unconstrained +manner in the world, but could only blurt it out in a suppressed tone +of voice. "I hope----" + +She looked at him, and, in the face of this look of immeasurable grief, +of longing for death, the like of which he had never seen in any human +eyes, the words died on his lips. It seemed to him unworthy any longer +to keep up the pretence of not understanding her. "My poor child," he +murmured, taking her hand, "I know. I know. But you are still young, +why will you cease to hope? I have drawn up the appeal, I shall lodge +it to-day--I am sure you will be pardoned." + +"That would be frightful!" she said in a low tone. "I begged you so +earnestly to leave it alone. But I am not angry with you. You have done +it because your pity constrained you, perhaps, too, your conscience and +sense of justice--and to me it is all one! My life at all events, is +only a matter of weeks: I shall never leave this cell alive! Thank +Heaven! since yesterday afternoon this has become a certainty!" + +"The doctor told you? Oh, that was not right of him." + +"Do not blame him!" she begged. "It was an act of humanity. If he had +only told me to relieve me of the fear of the hangman, he should be +commended, not reproved. But it happened differently; at first he did +not want to tell me the truth, it was evident from what he was saying, +and when the truth had once slipped out, he could no longer deny it. He +was exhorting me to hope, to cling to life, he spoke to me as you do, +'for otherwise' he said, 'you are lost! My medicines cannot give you +vital energy!' His pity moved him to dwell on this more and more +pointedly and decidedly. 'If you do not rouse yourself,' he said at +last, 'you will be your own executioner.' He was frightened at what he +had said almost before he had finished, and still more when I thanked +him as for the greatest kindness he could have done me. He only left me +to send Father Rohn. He came too, but----" + +She sighed deeply and stopped. + +"He surely didn't torture you with bigoted speeches?" asked Berger. "I +know him. Father Rohn is a worthy man who knows life; he is a human +being ..." + +"Of course! But just because he is no hypocrite he could say nothing +that would really comfort me for this life. At most for that other +life, which perhaps--no certainly!" she said hurriedly. "So many people +believe in it, good earnest men who have seen and suffered much +misfortune, how should a simple girl dare to doubt it? Certainly, Dr. +Berger, when I think of my own life and my mother's life, it is not +easy to believe in an all-just, all-merciful God. But I do believe in +Him--yes! though so good a man as Father Rohn could only say: amends +will be made up there. Only the way he said it fully convinced me! But, +after all, he could only give me hope in death, not hope for life." + +"Certainly against his will," cried Berger. "You did not want to +understand him." + +"Yes, Dr. Berger, I did want to understand him and understood him--in +everything--excepting only one thing," she added hesitatingly. "But +that was not in my power--I could not! And whatever trouble he took it +was in vain." + +"And what was this one thing?" + +"He asked me if there was no one I was attached to, who loved me, to +whom my life or death mattered? No, I answered, nobody--and then he +asked--but why touch upon the hateful subject! let us leave it alone, +Dr. Berger." + +"No," cried Berger, white with emotion, "I implore you, let us talk +about it. He asked you whether you did not know your father." + +She nodded; a faint red overspread her pale cheeks. + +"And you answered?" + +"What I have told you: that I did not know him, that if he were living +I should not love and reverence him as my father, but hate and despise +him as the wretch who ruined my mother!" She had half raised herself, +and had spoken with a strength and energy that Berger had not believed +possible. Now she sank back on her couch. + +He sighed deeply. "And you adhered to that," he began again, "whatever +Father Rohn might say? He told you that on the threshold of--that in +your situation one should not hate, but forgive, that whoever hopes for +God's mercy must not himself condemn unmercifully!" + +"Yes," she replied, "he said so, if perhaps in gentler words. For he +seemed to feel that I did not require to depend on God's mercy, but +only on His justice." + +"Forgive me!" muttered Berger. "For I know your fate and know you. +But just because I know your affectionate nature and your need of +affection----" He stopped. "Gently," he thought, "I must be cautious." +"Don't consider me unfeeling," he then continued, "if I dwell upon this +matter, however painful it may be to you. Just this one thing: does it +follow that this man must be a wretch? Were there not perhaps fatal +circumstances that bound him against his will and prevented him doing +his duty to your poor mother?" + +"No," she answered. "I know there were not!" + +"You know there were not?" murmured Berger in the greatest +consternation. "But do you know him?" + +"Yes. I know his heart, his character, and that is enough. What does it +matter to me what his name is, or his station? Whether he is living or +dead? To me he has never lived! I know him from my mother's judgment, +and that she, the gentlest of women, could not judge otherwise, proves +his unworthiness. Only one single time did she speak to me of him, when +I was old enough to ask and to be told why people sometimes spoke of us +with a shrug of the shoulders. 'If he had been thoughtless and weak,' +she said to me, 'I could have forgiven him. But I have never known a +man who viewed life more earnestly and intelligently: none who was so +strong and brave and resolute as he. It was only from boundless +selfishness, after mature, cold-blooded calculation that he delivered +me to dishonor, because I was an obstacle in his career.' You see he +was more pitiless than the man whom I trusted." + +"No," cried Berger in the greatest excitement. "You do him injustice!" + +"Injustice! How do you know that? Do you know him?" + +He turned away and was silent. "No," he then murmured, "how should I +know him?" + +"Then why do you dissent from me with such conviction? Oh, I +understand," she went on bitterly, "you, even you, don't think my +mother's words trustworthy, and simply because she allowed herself to +be deluded by a wretch!" + +"No, indeed!" returned Berger, trying to compose himself, "for I know +how noble, how true and good your mother was, I know it from her +letters. The remark escaped me unawares. But you are right. Let us drop +this subject." + +Then he asked her if she would like to have some books. She answered in +the negative and he left the cell. + +"Sendlingen must never see her!" he thought when he was back in the +street. "If he were to enter her cell he would betray himself and then +learn what she thinks of him! It would utterly crush him. That, at +least, he shall be spared." + +But the next few minutes were to show him that he had been planning +impossibilities. As he passed the Chief Justice's residence, an +upstairs window opened; he heard his name called loud and anxiously. It +was Fräulein Brigitta. "Quickly," cried she, beckoning him to come up. + +He hurried up the stairs, she rushed to meet him. "Heaven has sent you +to us," she cried, weeping and wringing her hands. "How fortunate that +I accidentally saw you passing. We were at our wits' end? He insists on +going out. Franz is to dress him. We do not know what has excited him +so. Father Rohn has been to see him, but he talked so quietly with him +that we breathed again indeed. It is manifestly a sudden attack of +fever, but we cannot use force to him." + +Berger hurried to the bedroom. Sendlingen was reclining in an +arm-chair, Franz was attending to him. At his friend's entrance he +coloured, and held up his hand deprecatingly. "They have fetched you," +he cried impatiently. "It is useless! I am not going to be prevented!" + +Berger signed to Franz to leave the room. Not until the door was closed +behind him did he approach the sick man, and take his hand, and look +searchingly into his face. It reassured him to see that, though his +eyes were dim, they no longer looked wild and restless as they did a +few hours ago. + +"You are going to her?" he asked. "That must not be." + +"I must!" cried Sendlingen despairingly. "It is the one thought to +which I cling to avoid madness. When I awoke--I was so perplexed and +desolate, I felt my misery returning--then I heard Rohn's voice in the +next room. They were going to send him away: I was still asleep, they +said,--but I made him come in, because I wanted to hear some other +voice than that of my conscience, and because I was afraid of myself. I +did not dream that he was bringing me a staff by which I could raise +myself again." + +"You asked him about her?" + +"No, by the merest chance he began to tell me of his talk with her +yesterday, and how she was wasting away because there was no one on +earth for whose sake she could or would rouse herself. Oh, what I felt! +Despair shook my heart more deeply than ever, and yet I could have +thanked him on my knees for these good tidings. Now my life has an +object again, and I know why Fate has allowed me to survive this day." + +Berger was silent--should he, dared he, tell the truth? "Think it +over a while," he begged. "If you were to betray yourself to the +officials----" + +"I shall not do so. And if I did, how could that trouble me? Don't you +see that a man in my situation cannot think of himself or any such +secondary consideration?" + +"That would be no secondary consideration. And could you save her by +such a step? The situation remains as it was!" + +"Are you cruel enough to remind me of that?" cried Sendlingen. "But, +thank God! I am clear enough to give you the right answer instead of +allowing myself to be oppressed by misery. Now listen; I shall do what +I can! From the hangman, from the prison, I may not be able to save my +child, but perhaps I can save her from despair, from wasting away. I +shall say to her: live for your father, as your father lives for you! +Perhaps this thought will affect her as it has affected me; it has +saved me from the worst. Another night like last night, George!" He +stopped and a shudder ran through his body. "Such a night shall not +come again! I do not know what is to be done later on, but my immediate +duty is clear. I have been fighting against the instinct that drew me +to her, as against a suggestion of madness; I now see that it was +leading me aright." + +He laid his hand on the bell to summon Franz. Berger prevented him, +"Wait another hour," he implored. "I will not try to hinder you any +more; I see that it would be useless, perhaps unjust. But let me speak +to her first. Humour me in this one thing only. You agreed to do so +yesterday." + +"So be it!" said Sendlingen. "But you must promise not to keep me +waiting a minute longer than is absolutely necessary." + +Berger promised and took his leave. He was not a religious man in the +popular sense of the word, and yet as he again rang the prison bell, he +felt as if he must pray that his words would be of effect as a man only +can pray for a favour for himself. + +The warder was astonished when he again asked admission to the cell, +and Victorine looked at him with surprise. + +He went up to her. "Listen to me," he begged. "I have hitherto wished +to conceal the truth from you, with the best intentions, but still it +was not right. For falsehood kills and truth saves, always and +everywhere--I ought to have remembered that. Well then; I know your +father; he is my best friend, a man so noble and good, so upright and +full of heart, as are few men on this poor earth." + +She rose. "If that were so my mother would have lied," she cried. "Can +I believe you rather than my mother? Can you expect that of me?" + +"No," he replied. "Your mother judged him quite correctly. He did not +betray her through thoughtlessness, nor forsake her through weakness. +But much less still from cold-blooded calculation. No external +constraint weighed upon him but an internal,--the constraint of +education, of his convictions, of his views of the world and men, in +short, of his whole being, so that he could hardly have acted +differently. With all this there was such a fatal, peculiar +concatenation of external circumstances, that it would have needed a +giant soul not to have succumbed. We are all of us but men. I would not +trust anyone I know, not even myself, to have been stronger than he +was! Not one, Victorine! Will you believe me?" + +"My mother judged otherwise!" she replied. "And will you perhaps also +attempt to justify the fact that he never concerned himself about his +child?" + +"He knew nothing of you," cried Berger. "He did not dream that he had a +child in the world! And one thing I can assure you: if he had +accidentally heard that you were alive, he would not have rested until +he had drawn you to his heart, he would have sheltered you in his arms, +in his house, from the battle with misery and the wickedness of men. +Not only his heart would have dictated this, but the absence of +children by his marriage, and his sense of justice: so as to make good +through you what he could no longer make good to your poor mother. If +you could only imagine how he suffers!--You must surely be able to feel +for him: a noble man, who suddenly learns that his offence is ten times +greater than he had thought or dreamt; that he has a child in the world +against whom also he has transgressed, and who learns all this at a +moment when he can make no reparation--in such a moment--can you grasp +this, Victorine?" + +Her face remained unmoved. "What shall I say?" she exclaimed gloomily. +"If he really suffers, the punishment is only just. What did my mother +not suffer on his account! And I!" + +"But can we ascribe all the blame to him?" he cried. "All, Victorine?" + +"Perhaps," she answered. "But if not all, then the most, so much that I +will certainly believe you in one thing; if he is a human being at all, +then he should now be suffering all the tortures of remorse. Still, as +great as my sorrow, his cannot be! And is my guilt greater than his? +And has he, too, to expiate it with honour and life?" + +"Quite possibly!" he cried. "Perhaps with his life, seeing that he +cannot, situated as he now is, expiate it with his honour. Oh, if you +knew all! If you knew what an unprecedented combination of +circumstances has heightened the sense of his guilt, has increased his +sorrow to infinite proportions. And you shall know all." + +"I will not hear it," she cried with a swift movement of repulsion, "I +do not care, I may not care about it. I will not be robbed of my +feelings against this man. I will not! His punishment is just--let us +drop the subject." + +"Just! still this talk about just! You are young but you have +experienced enough of life, you have suffered enough, to know how far +this justice will bring us. An eye for an eye and a tooth for a +tooth--shall this pitiless web of guilt and expiation continue to spin +itself everlastingly from generation to generation? Can't you +understand that this life would be unendurable if a high-minded deed, a +noble victory over self, did not at times rend the web? You should +understand this, poor child, you more than anyone. Do such a deed, +forgive this unhappy man!" + +"Did he send you to me on this mission?" + +"No. I will be truthful in the smallest detail: I myself wrested from +him permission to prepare you for his coming. I wished to spare you and +him the emotions of a melancholy contest. For he does not even suspect +what you think of him." + +"He does not suspect it?" she cried. "He thinks that the balance is +struck, if he graces a fallen, a condemned creature with a visit! Oh, +and this man is noble and sensitive!" + +"You are unjust to him in that, too," protested Berger. "And in that +most of all. That he who can usually read the hearts of men like a +book, has not thought of this most obvious and natural thing, shows +best of all how greatly his misery has distracted and desolated him. He +only wants one thing: to come to you, to console you, to console +himself in you." + +"I will not see him, you must prevent it." + +"I cannot. I have tried in vain. He will come; his reason, perhaps his +life, depend upon the way you may receive him." + +"Do not burden me with such responsibilities," she sobbed despairingly. +"I cannot forgive him. But I desire nobody's death, I do not wish him +to die. Tell him what you like, even that I forgive him, but keep him +away, I implore you." + +She would have thrown herself at his feet but he prevented her. "No, +not that," he murmured. "I will not urge any more. As God wills." + +A few minutes later he was again with Sendlingen. "She knows all," he +told him, "except your name and station. She does not desire your +visit--she--dreads the excitement." + +He stopped short and looked anxiously at his friend; he feared another +sudden outburst of despair. + +But it did not come. Sendlingen certainly started as in pain, but then +he drew himself up to his full height. "You are concealing the truth +from me," he said. "She does not wish to see her mother's betrayer. I +did not think of it before, but I read it at once in your looks of +alarm. That is bad, very bad--but stop me, it cannot. Where the +stranger has tried in vain the father will succeed. My heart tells me +so." + +He called for his hat and stick and leaning on Berger's arm, went down +the steps. In the street he loosed his hold: the energy of his soul had +given his body new strength. With a firm step he walked to the prison +door, and the quiver in his voice was scarcely perceptible as he gave +the warder the order to open Victorine Lippert's cell. + +The official obeyed. The prisoner hardly looked up when she heard the +bolts rattle yet another time. The warder felt himself in duty bound to +call her attention to the importance of the visit she was about to +receive. "His Lordship, the Chief Justice, Baron Sendlingen!" he +whispered to her. "Inspection of the Cells. Stand up." He stepped back +respectfully to admit Sendlingen and locked the door after him. + +The two were alone. Victorine had risen as she had been told: once only +did she cast a transient and nonchalant look at the tall figure before +her, then she remained standing with bowed head. Similar inspections +had frequently taken place before; in each case the functionary had +briefly asked whether the prisoner wished anything or had any complaint +to make. This question she was waiting for now in order to reply as +briefly in the negative; she wanted nothing more. + +But he was silent, and as she looked up surprised--"Merciful God!" she +cried, and reeled back on to her couch, covering her face with her +trembling hands. + +She knew who this man was at once, at the first glance. How she had +recognised him with such lightning speed, she could not determine, even +later when she thought the matter over. It was half dark in the cell, +she had not properly seen his features and expression. Perhaps it was +his attitude which betrayed him. With bowed head, his hands listlessly +hanging by his sides, he stood there like a criminal before his judge. + +At her exclamation, he looked up and came nearer. "Victorine," he +murmured. She did not understand him, so low was his stifled +articulation. "My child!" he then cried aloud and darted towards her. +She rose to her feet and stretched out her hands as if to repel him, +gazing at him all the while with widely opened eyes. And again she did +not know what it was that suddenly penetrated and moved her heart. Was +it because his face seemed familiar to her, mysteriously familiar, as +if she had seen it ever since she could think?... Yes, it was so! For +what unknown to herself, had overpowered her, was the likeness to her +own face. Or was it perhaps the silent misery of his face, the +beseeching look of his eyes? She felt the bitter animosity to which she +had despairingly clung, the one feeling of which she would not be +robbed, suddenly melt away. + +"I cannot," she still faltered, but in the same breath she lifted up +her arms. "Father!" she cried and threw herself on his breast. + +He caught her in his arms and covered her head and face with tears and +kisses. Then he drew her upon his knees and laid her head on his +breast. Thus they sat and neither spoke a word; only their tears flowed +on and on. + + + + + CHAPTER VIII. + + +Half an hour might have passed since Sendlingen entered his daughter's +cell: to Berger, who was pacing up and down outside as sentry, it +seemed an eternity. The warder, too, was struck by the proceeding. This +zealous, but very loquacious official, whom Berger had known for many +years, approached him with a confidential smile. "There must--naturally +enough--be something strange going on in there," he said as he pointed +with a smirk towards the cell. "Something very strange." + +Berger at first stared at the man as much disconcerted as if he had +said that he knew the secret. "What do you mean by that," he then said +roughly. "Your opinions are not wanted." + +The warder looked at him amazed. "Well, such as we--naturally +enough--are at least entitled to our thoughts," he replied. "There has +been a run upon this cell since yesterday as if it contained a +princess! First the doctor. Father Rohn and you, Herr Berger--and now +his Lordship the Chief Justice, and all in little more than an hour's +time. That doesn't occur every day, and I know the reason for it." + +Berger forced himself to smile. "Of course you do, because you're such +a smart fellow, Höbinger! What is the reason of it?" + +"Well with you, Dr. Berger, I can--naturally enough--talk about the +matter," replied the warder flattered, "although you are the prisoner's +counsel and a friend of the Chief Justice. But in 1848 you made great +speeches and were always on the side of the people; you will not betray +me, Dr. Berger. Well--naturally enough--it is the old story: there is +no such thing as equality in this world! If she, in there, were a +servant-girl who had been led astray by a servant-man, not a soul would +trouble their heads about her! But she is an educated person, and what +is the principal thing--her seducer is a Count--that alters matters. Of +course she had to be condemned--naturally enough--because the law +requires it, but afterwards every care is taken of her, and if she were +to get off with a slight punishment I, for one, shouldn't be surprised. +Of course the Governor says that that's nonsense; if it were a case of +favouritism he says, Herr von Werner would have behaved differently to +her; the Vice Chief Justice, he says, has a very keen scent for +favouritism; you, Höbinger, he says--naturally enough--are an ass! But +I know what I know, and since his Lordship has taken the trouble to +come, not in a general inspection, but on a special visit that is +lasting longer than anything that has ever been heard or dreamt of, I +am quite convinced that it is not I, but on the contrary, the +Governor...." + +But the crafty fellow did not allow this disrespect to his superior to +pass his lips, but contented himself by triumphantly concluding: +"Naturally enough--is it not, Dr. Berger?" + +Berger thought it best to give no definite answer. If this chatter-box +were to confide his suspicions to the other prison officials, it would +at least be the most harmless interpretation and therefore he only +said: "You think too much, Höbinger. That has often proved dangerous to +many men." + +Another half hour had gone by and Berger's anxiety and impatience +reached the highest pitch. He was uncertain whether to put a favourable +or an unfavourable interpretation upon this long stay of Sendlingen's, +and even if he had succeeded in touching his child's heart, yet any +further talk in this place and under these conditions was a danger. How +great a danger, Berger was soon to see plainly enough. + +The artful Höbinger was slinking about near the cell more and more +restlessly. Only Berger's presence kept him from listening at the +key-hole, or from opening the little peep-hole at the door, through +which, unobserved by the prisoner, he could see the inside of every +cell. + +The desire was getting stronger and stronger; his fingers itched to +press the spring that would open it. At last, just as Berger had turned +his back, he succumbed to his curiosity; the little wooden door flew +open noiselessly--he was going to fix his eyes in the opening.... + +At that moment Berger happened to turn round. "What are you doing +there?" he cried in such a way that the man started and stepped back. +In a second Berger was beside him, had seized his arms and flung him +aside. "What impertinence!" he cried. + +The warder was trembling in every limb. "For God's sake," he begged, +"don't ruin me. I only wanted to see whether--whether his Lordship was +all right." + +"That's a lie!" cried Berger with intentional loudness. "You have +dared----" + +He did not require to finish the sentence; his object was attained: +Sendlingen opened the door and came out of the cell. His face bore once +more its wonted expression of kindly repose; he seemed to have +recovered complete mastery of himself. + +"You can lock up again," he said to the warder. He seemed to understand +what had just passed for he asked no questions. + +Still Höbinger thought it necessary to excuse himself. "My Lord," +he stammered, "I only wanted to do my duty. It sometimes happens +that--that criminals become infuriated and attack the visitors." + +"Does that poor creature in here strike you as being dangerous?" asked +Sendlingen. It seemed to Berger almost unnatural that he could put +forth the effort to say this, nay more, that he could at the same time +force a smile. + +"My Lord----" + +"Never mind, Höbinger! You were perhaps a little inquisitive, but that +shall be overlooked in consideration of your former good conduct. +Besides, prisoners are allowed no secrets, at all events after their +sentence." Turning to Berger he continued: "She must be taken to the +Infirmary this afternoon, it is a necessity. Have you anything else to +do here? No? Well, come back with me." + +It all sounded so calm, so business-like--Berger could hardly contain +his astonishment. He would never have believed his friend capable of +such strength and especially after such a night--after such an +interview! "I admire your strength of nerve," cried he when they got +out into the street. "That was a fearful moment." + +"Indeed it was!" agreed Sendlingen, his voice trembling for the first +time. "If the fellow had cast one single look through the peep-hole, we +should have both been lost! Fancy Höbinger, the warder, seeing the +Chief Justice with a criminal in his arms!" + +"Ah then, it came to that?" + +"Should I otherwise be so calm? I am calm because I have now an object +again, because I see a way of doing my duty. Oh, George, how right you +were: happy indeed am I that I live and can pay my debt." + +"What do you think of doing?" + +"First of all the most important thing: to preserve her life, to +prepare her for life. As I just said, she shall be allotted a cell in +the Infirmary and have a patient's diet. I may do this without +dereliction of duty: I should have to take such measures with anyone +else if I knew the circumstances as accurately as I do in this case." + +"But you will not be able to visit her too often in the Infirmary," +objected Berger. + +"Certainly not," replied Sendlingen. "I see that the danger is too +great, and I told her so. Yes, you were right in that too: it is no +secondary consideration whether our relationship remains undiscovered +or not. I cannot understand how it was that I did not see this before: +why, as I now see, _everything_ depends upon that. And I see things +clearly now; this interview has worked a miracle in me, George--it has +rent the veil before my eyes, it has dispelled the mist in my brain. I +know I can see Victorine but seldom. On the other hand Brigitta will be +with her daily: for she is a member of the 'Women's Society,' and it +will strike nobody if she specially devotes herself to my poor child." + +"It will not strike others, but will she not herself guess the truth?" + +"Why, she shall know all! I will tell her this very day. She is +entirely devoted to me, brave and sterling, the best of women. Besides +I have no choice. Intercourse with a good, sensible woman is of the +most urgent necessity to my poor dear. But I have not resolved on this +step simply for that reason. I shall need this faithful soul later on +as well." + +"I understand--after the term of imprisonment is at an end." + +Sendlingen stood still and looked at his friend; it was the old look +full of wretchedness and despair. "Yes!" he said unsteadily. +"Certainly, I had hardly thought of that. I do not indulge any +extravagant hopes: I am prepared for anything, even for the worst. And +just in this event Brigitta's help would be more than ever +indispensable to me." + +"If the worst were to happen?" asked Bergen "How am I to understand +that?" + +Sendlingen made no reply. Not until Berger repeated the question did he +say, slowly and feebly: "Such things should not be talked about, not +with anyone, not even with a best friend, not even with one's self. +Such a thing is not even dwelt upon in thought; it is done when it has +to be done." + +His look was fixed as he spoke, like a man gazing into a far distance +or down into a deep abyss. Then his face became calm and resolved +again. "One thing more," he said. "You have finished drawing up the +appeal? May I read it? Forgive me, of course I have every confidence in +you. But see! so much depends upon it for me, perhaps something might +occur to me that would be of importance!" + +"What need of asking?" interrupted Berger. "It would be doing me a +service. We will go through the document together this very day." + +When he called on his friend in the evening with this object, Fräulein +Brigitta came out to see him. The old lady's eyes were red with crying, +but her face was, as it were, lit up with a strong and noble emotion. + +"I have already visited her," she whispered to Berger. "Oh believe me, +she is an angel, a thousand times purer than are many who plume +themselves or their virtue. I bade her be of good cheer, and then I +told her much about his Lordship--who knows better how, who knows him +better? She listened to me peacefully, crying quietly all the time and +I had to cry too--. But all will come right; I am quite sure of it. If +the God above us were to let these two creatures perish, _these_ +two----" + +Her voice broke with deep emotion. Berger silently pressed her hand and +entered the study. + +He found his friend calm and collected. Sendlingen no longer +complained; no word, no look, betrayed the burden that oppressed his +soul. He dispatched his business with Berger conscientiously and +thoroughly, and as dispassionately as if it were a Law examination +paper. More than that--when he came to a place where Berger, in the +exaltation of the moment, had chosen too strong an expression, he +always stopped him: "That won't do: we must find calmer and more +temperate words!" And usually it was he too who found these calmer and +more temperate words. + +Down to the last word he maintained this clearness, this almost +unnatural calm. Not until Berger had folded his paper and was putting +it in his pocket did the consciousness of his misery seem to return. +Involuntarily he stretched forth his hand towards the paper. + +"You want to refer to something again?" asked Berger. + +"No!" His hand dropped listlessly. "Besides it is all labour in vain. +My lot is cast." + +"Your lot?" cried Berger. "However much you may be bound up with the +fate of your child, you must not say that!" + +"_My_ lot, _only_ my lot!" + +Berger observed the same peculiar look and tone he had before noticed +when Sendlingen said that such things should not be spoken of even to +one's self.... But this time Berger wanted to force him to an +explanation. "You talk in riddles," he began; but he got no further, +for, with a decision that made any further questions impossible, +Sendlingen interrupted him: + +"May I be spared the hour when you learn to know this riddle! Even you +can have no better wish than this for me! Why vainly sound the lowest +depths? Good night, George, and thanks a thousand, thousand times!" + + + + + CHAPTER IX. + + +Six weeks had elapsed since the dispatch of the appeal: Christmas was +at the door. The days had come and gone quickly without bringing any +fresh storm, any fresh danger, but certainly without dispelling even +one of the clouds that hung threateningly over the heads of these two +much-to-be-commiserated beings. + +Berger was with Sendlingen daily, and daily his questioning look +received the same answer; a mute shake of the head--the decision had +not yet arrived. The Supreme Court had had the papers connected with +the trial brought under its notice; beyond the announcement of this +self-evident fact, not a line had come from Vienna. This silence was +certainly no good sign, but it did not necessarily follow that it was a +bad one. To be sure the lawyer examining the case, unless, from the +first, he attributed no importance whatever to Berger's statements, +should have demanded more detailed information from the Court at +Bolosch, and all the more because Baron Dernegg's dissentient vote was +recorded in the papers. Still, perhaps this silence was simply to be +explained by the fact that he had not had an opportunity of going into +the case. + +Berger held fast to this consoling explanation, or at least pretended +to do so, when the subject came up in conversation, which was seldom +enough; he did not like to begin it, and Sendlingen equally avoided it. +It almost seemed to Berger as if his unhappy friend welcomed the delay +in the decision, as if he gladly dragged on in a torture of uncertainty +from day to day--anything so as not to look the dread horror in the +face. And indeed Sendlingen every morning sighed with relief, when the +moment of horrid suspense had gone by, when he had looked through the +Vienna mail and found nothing. But this did not arise from the motive +which Berger supposed, but from a better feeling. Sendlingen rejoiced +in every hour of respite that gave his poor child more time to gather +strength of soul and body. + +The shattered health of Victorine mended visibly, day by day. The +deathly pallor disappeared, her weakness lessened, the look of her eyes +was clearer and steadier. The doctor observed it with glad astonishment +and no little pride; he ascribed the improvement to his remedies, to +the better nourishment and care which on his representations had been +allotted her. When he boasted of it to his friend, Father Rohn, the +good priest met him with as bantering a smile as his kind heart would +allow; he knew better. If this poor child was blossoming again, the +merit was entirely his. Had not the doctor himself said that she could +only be saved by a change in her frame of mind? And had not this change +really set in even more visibly than her physical improvement? + +A new spirit had entered into Victorine. She no longer sat gazing in +melancholy brooding, she no longer yearned for death, and when the +priest sought to nourish in her the hope of pardon--in the sincerest +conviction, for he looked upon the confirmation of the death-sentence +as an impossibility--she nodded to him, touched and grateful. She +seemed, now, to understand him when he told her that the repentance of +a sinner and his after life of good works, were more pleasing to the +good God above than his death. And when he once more led the +conversation to the man who, in spite of everything, was her father and +perhaps at this moment was suffering the bitterest anguish on her +account, when he begged her not to harden her heart against the +unknown, he had the happiness of hearing her say with fervour in her +looks and voice: "I have forgiven him from the bottom of my heart. The +thought of him has completely restored me! Perhaps God will grant me to +be a good daughter to him some day!" So the words of comfort and the +exhortations of the good priest had really not been in vain. + +The true state of the case nobody even suspected; the secret was +stringently kept. No doubt it struck many people and gave occasion to a +variety of gossip, that Fräulein Brigitta visited the condemned +prisoner almost daily, and the Chief Justice almost weekly, but a +sufficient explanation was sought and found. Good-natured and +inoffensive people thought that Victorine Lippert was a creature so +much to be pitied, that these two noble characters were only following +their natural instincts in according her a special pity; the malevolent +adopted the crafty Höbinger's view, and talked of "favouritism"; the +aristocratic betrayer and his mother the Countess, they said, had after +all an uneasy conscience as to whether they had not behaved too harshly +to the poor creature, and the representations they had made to their +fellow-aristocrat, Baron von Sendlingen, had not been in vain. +Certainly this report could only be maintained in uninitiated circles; +anyone who was intimately acquainted with the aristocratic society of +the province knew well enough, that the Countess Riesner-Graskowitz was +assuredly the last person in the world to experience a single movement +of pity for the condemned girl. + +Be that as it might, Sendlingen behaved in this case as he had all his +life behaved in any professional matter: humanely and kindly, but +strictly according to the law and without over-stepping his duty by a +hair's breadth. The better attention, the separate cell in the +Infirmary, would certainly have been allotted to any one else about +whom the doctor had made the same representations. When Father Rohn, +moved by his sense of compassion, sought to obtain some insignificant +favour that went beyond these lines--it had reference to some +absolutely trifling regulation of the house--the Governor of the gaol +was ready to grant it, but the Chief Justice rigidly set his face +against the demand. + +When Berger heard of this trivial incident, a heavy burden which he had +been silently carrying for weeks, without daring to seek for certainty +in a conversation on the subject, was rolled from his heart. He had put +an interpretation on the mysterious words that Sendlingen had uttered +the day after the trial, which had filled him with the profoundest +sorrow,--more than that with terror. Now he saw his mistake: a man who +so strictly obeyed his conscience in small matters where there was no +fear of discovery, would assuredly in any greater conflict between +inclination and duty, hold fast unrelentingly to justice and honour. + +He was soon to be strengthened in this view. + +It was three days before Christmas-day when he once more entered his +friend's chambers. He found him buried in the perusal of letters which, +however, he now pushed from him. + +"The mail from Vienna is not in yet," he said, "the train must have got +blocked in the snow. But I have letters from Pfalicz. The Chief Justice +of the Higher Court there, to whose position I am to succeed, asks +whether it would not be possible for me to release him soon after the +New Year, instead of at the end of February, as the Minister of Justice +arranged. He is unwell, and ought to go South as soon as possible." + +"Great Heavens!" cried Berger. "Why, we have forgotten all about that." +And indeed those stormy days and the succeeding weeks of silent, +anxious suffering had hardly allowed him to think of Sendlingen's +impending promotion and departure. + +"I have not," replied Sendlingen, gloomily. "The thought that I had to +go, has often enough weighed me down more heavily than all my other +burdens. How gladly I would stay here now, even if they degraded me +to--to the post of Governor of the prison! But I have now no option. I +have definitely accepted the position at Pfalicz and I must enter upon +it." + +"And do you really think of departing at the New Year?" + +"No, that would be beyond my duty. I should be glad to oblige the +invalid, but as you know, I cannot. I shall stay till the end of +February; the decision must have come by that time." + +He again bent over a document that lay before him. Berger too, was +silent, he went to the window and stared out into the grey dusk; it +seemed as if the snow-storm would never cease. + +There was a knock at the door; a clerk of the Court of Record entered. +"From the Supreme Court," he announced, laying a packet with a large +seal on the table. "It has just arrived. Personally addressed to your +lordship." + +The clerk departed; Berger approached the table. When he saw how +excited Sendlingen was, how long he remained gazing at the letter, he +shook his head. "That cannot be the decision," he said. "It would +not be addressed to you. It is some indifferent matter, a question of +discipline, a pension." + +Sendlingen nodded and broke the seal. But at the first glance a deathly +pallor overspread his face, and the paper in his hands trembled so +violently that he had to lay it on the table in order to read it to the +end. "Read for yourself," he then muttered. + +Berger glanced through the paper; he too felt his heart beat +impetuously as he did so. It was certainly not the decision, only a +brief charge, but its contents were almost equivalent to it. + +The lawyers examining the appeal had, as Berger hoped, been struck by +Baron Dernegg's dissentient vote and the motives for this. Dernegg was +not of the opinion of his brother judges that this was a case of +premeditated murder, maliciously planned months beforehand, but a deed +done suddenly, in a paroxysm of despair, nay, most probably in a moment +when the girl was not accountable for her actions. Against this more +clement view, there certainly were the depositions of the Countess, and +Victorine's attempts to conceal her condition. But on the other hand, +her only _confidante_, the servant-girl, had deposed at the preliminary +inquiry that Victorine had only made these attempts by her advice and +with her help, and, moreover, with the sole object of staying in the +house until the young Count should come to her aid. This testimony, +however, she had withdrawn at the trial. Berger had chiefly based his +appeal to nullify the trial, on the fact that the witness, in spite of +this contradiction, had been put on her oath, and to the examining +lawyer, also, this seemed a point of decisive importance. The Chief +Justice was, therefore, commissioned to completely elucidate it by a +fresh examination of the witness. Probably the charge had been directed +to him personally because, as it stated, neither Herr von Werner nor +any of the other judges who had been in favour of putting her on oath, +could very well be entrusted with the inquiry. But if Sendlingen were +actually too busy with other matters to conduct the examination, he +might hand it over to the third Judge, Herr von Hoche. + +"What will you do?" asked Berger. "The matter is of the gravest +importance. That the girl gave false evidence at the trial, that this +was her return for being taken back into the Countess' service, we know +for a certainty. The only question is whether we can convict her of it. +An energetic Judge could without doubt do so, but will old Hoche, now +over seventy, succeed? He is a good man, but his years weigh heavily +upon him, he is dragging himself through his duties till the date of +his retirement--four weeks hence--I fancy as best he can. And therefore +once again--what will you do, Victor?" + +"I don't know," he murmured. "Leave me alone. I must think it out by +myself. Forgive me! my conscience alone can decide in such a matter. +Good-bye till this evening, George." + +Berger departed; his heart was as heavy as ever it had been. In the +first ebullition of feeling, moved by his pity for these two beings, he +had wished to compel his friend to undertake the inquiry, but now he +had scruples. Was not the position the same as on the day of the trial? +And if he then approved of his friend's resolution not to preside, +could he now urge him to undertake a similar task? Certainly the +conflict was now more acute, more painfully accentuated, but was +Sendlingen's duty as a Judge any the less on that account? Again the +thought rose in Berger's mind which a few weeks ago had comforted him +and lifted him above the misery of the moment: that there was a +solution of these complications, a great, a liberating solution--there +must be, just because this man was what he was! But even now he did not +know how to find this solution; one thing only was clear to him: if +Sendlingen undertook the inquiry and thus saved his child, it would be +an act for which there would be all manner of excuses but it would +assuredly not be that great, saving act of which he dreamt! And yet if +Hoche in his weakness ruined the case and did not bring the truth to +light, if she perhaps had to die now that she had begun to hope again, +now that she had waked to a new life ... Berger closed his eyes as if +to shut out the terrible picture that obtruded itself upon him, and yet +it rose again and again. + +At dusk, just as he was starting to his friend's, Fräulein Brigitta +called to see him. + +"I am to tell you," she began, "that his Lordship wants you to postpone +your visit until to-morrow. But it is not on that account that I have +come, but because I am oppressed with anxiety. Has the decision +arrived? He is as much upset again as he was on the day of the trial." + +Berger comforted her as well as he could. "It is only a momentary +excitement," he assured her, "and will soon pass." + +"I only thought so because he is behaving just as he did then. It +is a singular thing; he has been rummaging for those keys again. You +know,--the one that opens the little door in the court-yard wall. I +came in just in the nick of time to see him take it out of his +writing-table drawer. And just as before, it seemed to annoy him to be +surprised in the act.--Isn't that strange?" + +"Very strange!" he replied. But he added hastily: "It must have been a +mere chance." + +"Certainly, it can only have been a coincidence," he thought after +Brigitta had gone, "it would be madness to impute such a thing to him, +to him who was horrified at the idea of conducting the trial and +equally at the thought of conducting this examination. And yet when he +first seized upon that key, the idea must certainly have taken a +momentary possession of him, and that it should have returned to him +to-day, to-day of all days." + +As he was the next day walking along the corridor that led to +Sendlingen's chambers, he met Mr. Justice Hoche. The hoary old man, +supporting himself with difficulty by the aid of a stick, was looking +very testy. + +"Only think," he grumbled, "what an odious task the Chief Justice has +just laid upon me. It will interest you, you were Counsel for the +defence in the case." And he told him of the charge at great length. +"Well, what do you say to that? Isn't it odious?" + +"It is a very serious undertaking!" said Berger. "The matter is one of +the greatest importance." + +"Yes, and just for that reason," grumbled the old man, almost +whimpering. "I do not want to undertake any such responsibility, now, +when merely thinking gives me a head-ache. I suffer a great deal from +head-aches, Dr. Berger. And it is such a ticklish undertaking! For you +see either the maid-servant told the truth at the trial, in which case +this fresh examination is superfluous, or she lied and _ergo_ was +guilty of perjury and _ergo_ is a very tricky female! And how am I ever +to get to the bottom of a tricky female, Dr. Berger?" + +"Did you tell the Chief Justice this?" asked Berger. + +"Oh, of course! For half an hour I was telling him about my condition +and how I always get a head-ache now if I have to think. But he stuck +to his point, 'you will have to undertake the matter: you must exert +yourself!' Good Heavens! what power of exertion has one left at +seventy years of age! Well, good morning, dear Dr. Berger! But it's +odious--most odious!" + +Berger looked after the old man as he painfully hobbled along: "And in +such hands," he thought, "rests the fate of my two friends." + +Under the weight of this thought, he had not the courage to face +Sendlingen. He turned and went home in a melancholy mood. + +When the next day towards noon, he was turning homewards after a trial +at which he had been the defending barrister, he again met Mr. Justice +Hoche, who was just leaving the building, in the portico of the Courts. +The old gentleman was manifestly in a high state of contentment. + +"Well," asked Berger, "is the witness here already? Have you begun the +examination?" + +"Begun? I have ended it!" chuckled the old man. + +"And _re bene gesta_ one is entitled to rest. I shall let the law take +care of itself to-day and go home. I haven't even got a head-ache over +it; certainly it didn't require any great effort of thought--I soon got +at the truth." + +"Indeed?--and what is the truth?" + +"H'm! I don't suppose it will be particularly agreeable to you," +laughed the old Judge, leaning confidentially on Berger's arm. "Though +for the matter of that you may be quite indifferent about it: you have +done your duty, your appeal was certainly splendidly drawn up, but what +further interest can you have in this person? For she is a thoroughly +good-for-nothing person, and that's why she is dying so young! What +stories that servant-girl has told me about her, stories, my dear +doctor, that an old barrack-wall would have blushed to hear. She was +hardly seventeen years old when she came to the Countess', but already +had a dozen intrigues on her record, and what things she told her +_confidante_ about them, and which were repeated to me to-day--why, it +is a regular Decameron, my dear doctor, or more properly speaking: +Boccaccio in comparison is a chaste Carthusian." + +Berger violently drew his arm out of the old man's. "That's a lie!" he +said between his teeth. "A scandalous calumny!" + +The old Judge looked at him, quite put out of countenance. "Why, what +an idea," he cried. "If it were not so, this servant-girl would be a +tricky female." + +"So she is." + +"She is not! Oh, I know human nature. On the contrary, she is +good-natured and stupid. No one could tell lies with such assurance, +after having just been solemnly admonished to speak the truth. It is +all incontestably true; all her adventures: and how from the first she +had hatched a regular plot to corrupt the young Count. The crafty young +person calculated in this way: if our _liaison_ has consequences, I +shall perhaps inveigle the young man into a marriage, and if I don't +succeed I shall kill the child and look out for another place!" + +"But just consider this one fact," cried Berger. "If this had actually +been Victorine Lippert's plan she would certainly have reflected: if I +can't force a marriage, I shall at least get a handsome maintenance! +and in that case she would not have killed her child, but carefully +have preserved its life." + +The old Judge meditatively laid his finger on his nose. "Look here, Dr. +Berger," he said importantly, "that is a very reasonable objection. But +it has been adduced already, not by me, to tell the truth, but by my +assistant, a very wise young man. But the witness was able to give a +perfectly satisfactory explanation on the subject. To be sure, she only +did so after repeated questions and in a hesitating and uncertain +manner--the good, kind-hearted girl could with difficulty bring herself +to add still more to the criminal's load, but at length she had to +speak out. Thus we almost accidentally extracted a very important +detail that proved to be of great importance in determining the case. +It is a truly frightful story. Only fancy, this mere girl, this +Victorine Lippert, has always had a sort of thirst for the murder of +little children. She repeatedly said to the girl long before the deed, +before the young Count came to the Castle at all: 'Strange! but +whenever I see a little child, I always feel my hands twitching to +strangle it.' Frightful--isn't it. Dr. Berger?" + +"Frightful indeed!" cried Berger, "if you have believed this +poorly-contrived story of the wretched, perjured woman--poorly-contrived, +and invented in the necessity of the moment so as to meet the objection +of your assistant, so as not to be caught in her net of lies, so as to +render the Countess another considerable service." + +"Really, you will not listen to reason," said the old man, now +seriously annoyed. "I feel my head-ache coming on again. Do you mean to +say that you accuse the Countess of conniving at perjury! A lady of the +highest aristocracy! Excuse me, Dr. Berger--that is going too far! You +are a liberal, a radical, I know, but that doesn't make every Countess +a criminal. But if this is really your opinion of the witness, take out +a summons for perjury at once!" + +"It may come to that," replied Berger. + +The old man shook his head. "Spare yourself the trouble," he said +good-naturedly, "it will prove ineffectual, but you may certainly get +yourself into great difficulties. Why expose yourself, for the sake of +such an abandoned creature, to an action for libel on the part of the +Countess and her servant? How abandoned she is, you have no suspicion! +I have, thank Heaven, concealed the worst of all from you, and you +shall not learn it at my hands. You may read for yourself in the +minutes. I do not wish to make a scene in the street. I was so enjoying +this fine afternoon, and you have quite spoilt my good humour. Well, +good-bye. Dr. Berger, I will forgive you. You have allowed yourself to +be carried away by your pity, but you are bestowing it upon an unworthy +creature! The witness gave me the impression of being absolutely +trustworthy, and I have stated so in the minutes! I considered myself +bound in conscience to do so." + +"Then you have a human life on your conscience!" Berger blurted out. He +had not meant to say anything so harsh, but the words escaped him +involuntarily. + +The old man started and clasped his hands. His face twitched, and +bright tears stood in his eyes. + +"What have I done to you?" he moaned. "Why do you say such a horrible +thing? Why do you upset me? I have always considered you a good man, +and now you behave like this to me!" + +Berger stepped up to him and offered his hand. "Forgive me," he said, +"your intention is good and pure, I know. And just for that reason I +implore you to reflect well before you let the minutes go out of your +hands." + +"That is already done. I have just handed them to the Chief Justice." + +"And what did he say?" + +"Nothing, what should he say? Certainly he too seemed to be put out +about something, for when I was about to enter on a brief discourse, he +dismissed me a little abruptly." + +"But it is open to you to demand the minutes back, and examine the +witness again. Keep a sterner eye upon her, and the contradictions in +which she gets involved will certainly become evident to you. At her +first examination she could only say the best things of Victorine +Lippert, at the trial she had lost her memory, and now of a sudden +nothing is too bad." + +"Oh, you barristers!" cried the Judge. "How you twist everything! The +kind-hearted creature wanted to save Victorine Lippert and pity moved +her to lie at first: she has just openly and repentantly confessed that +she did. But at the trial, before the Crucifix, before the Judges, her +courage left her. She was silent, because like a good and chaste girl, +she could not bring herself to speak before a crowd of people of all +those repulsive details. You see, everything is explained. You are +talking in vain." + +"In vain!" Berger sighed profoundly. "Good-bye," he said turning to go. + +But after he had gone a few steps, Hoche called after him. The old +man's eyes were full of tears. "You are angry with me?" he said. + +"No." + +"Well, you have no reason to be angry, though I have--but I forgive +you. By what you said you might easily have made me unhappy if the case +had not been so clear. Certainly I am upset now. To-morrow is Christmas +Eve; my children and grand-children will come and bring me presents, +and I shall give them presents, and I shall think all the time: Hoche, +what a frightful thing if you were a murderer! You will take back your +words, won't you? I am no murderer, am I?" + +Berger looked at the childish old man. "O tragicomedy of life!" he +thought, but added aloud: + +"No, Herr Hoche, you are no murderer." + +In the evening he went to see Sendlingen and look over the minutes +which he too had the right of disputing. He would have been +disconsolate enough if he had not already known their contents; as it +was the extraordinary tone of the document cheered him a little. The +'wise young man' was perhaps himself an author, or at least had +certainly read a great many cheap novels; the style in which he had +reproduced the servant girl's imaginations was, in the worst sense of +the word "fine!" How this lessened the danger of the contents was shown +especially, by that worst fact of all which Hoche could not bring +himself to pronounce, and which was of such monstrous baseness that the +faith of even the most vapid of judges must have been shaken in all the +rest. + +"That is quite harmless," said Berger. "More than that, these monstrous +lies are just the one bit of luck in all our misfortunes." + +"Certainly!" Sendlingen agreed. "But we must not count too much upon +them. The examining judge may not believe everything, but he will +certainly not discredit everything. It could not be expected after +Hoche's enthusiastic advocacy of the witness' credibility." + +"And yet these minutes must be sent off. Would it not be possible to +hand over the inquiry to some one else?" + +"Impossible, or I would have done so yesterday. Either I or Hoche--the +charge of the Supreme Court is clear enough! And _I_ could not do it! +It seemed to me mean and cowardly, treacherous and paltry, to break my +Judge's oath, trusting to the silence of the three people who beside me +know the secret, trusting moreover never to have to undergo punishment +for my offence. To this consideration it seemed to me that every other +must give way." + +Berger was silent. "Would it not be possible to take out a summons for +perjury?" he resumed. + +"No," cried Sendlingen, "it would be an utterly useless delay! Success +in the present position of things is not to be hoped for." + +Berger bowed his head. + +"Then Justice will suffer once again," he said in deep distress. "I +will not reproach you. When I put myself in your place--I cannot trust +myself to say that I should have done the same. I only presume I +should, but this one thing I do know, that in accordance with your +whole nature you have acted rightly. Still, ever since the moment that +I spoke to Hoche, I cannot silence a tormenting question. Ought +fidelity to the Law be stronger than fidelity to Justice? You would not +undertake the inquiry because a father may not take part in an +examination conducted against his child, but were you justified in +handing it over to a man who was no longer in a condition to find out +the truth, to fulfil his duty? Has not justice suffered at your hands +by your respect for the law, that justice, I mean, which speaks aloud +in the heart of every man?" + +Sendlingen was staring gloomily at the floor. Then he raised his eyes +and looked his friend full in the face. The expression of his +countenance, the tone of his voice became almost solemn. + +"I have fought out for myself an answer to this question. I may not +tell you what it is; but one thing I can solemnly swear: this outraged +justice to which you refer will receive the expiation which is its +due." + + + + + CHAPTER X. + + +Christmas was past, New Year had come, the year 1853, one of the most +melancholy that the Austrian Empire had ever known. The atmosphere was +more charged than ever, coercion more and more severe, the confederacy +between the authorities of Church and State closer and closer. +Melancholy reports alarmed the minds of peaceful citizens: the Italian +Provinces were in a state of ferment, a conspiracy was discovered in +Hungary, and a secret league of the Slavs at Prague. How strong or how +weak these occult endeavours against the authority and peace of the +state might be, no one knew. One thing only was manifest: the severity +with which they were treated; and perhaps in this severity lay the +greatest danger of all. It was the old sad story that so often repeats +itself in the life of nations, and was then appearing in a new shape; +tyranny had called forth a counter-tyranny and this, in its turn, a +fresh tyranny. The police had much to do everywhere, and in some +districts the Courts of Justice too. + +One of the greatest of the political investigations had, since +Christmas 1852, devolved upon the Court at Bolosch. The middle +classes of this manufacturing town were exclusively Germans, the +working-classes principally Slavs. It was among these latter that the +police believed they had discovered the traces of a highly treasonable +movement. About thirty workmen were arrested and handed over to +Justice. Sendlingen, assisted by Dernegg, personally conducted the +investigation. He had made the same selection in all the political +arrangements of the last few years, although he knew that any other +would have been more acceptable to the authorities. Certainly neither +he nor Dernegg were Liberals--much less Radicals--who sympathised with +Revolution and Revolutionaries. On the contrary both these aristocrats +had thoroughly conservative inclinations, at all events in that good +sense of the word which was then and is now so little understood in +Austria, and is so seldom given practical effect. They were, moreover, +entirely honourable and independent judges. But there was a prejudice +in those days against men of unyielding character, especially in the +case of political trials. There was an opinion that "pedantry" was out +of place where the interests of the state were at stake. Sendlingen, on +the other hand, was convinced that a political investigation should not +be conducted differently from any other, and it was precisely in this +inquisition into the conduct of the workmen that he manifested the +greatest zeal, but at the same time the most complete impartiality. + +Divers reasons had determined him to devote all his energy to the case. +The diversion of his thoughts from his own misery did him good: the +ceaseless work deadened the painful suspense in which he was awaiting +the decision from Vienna. Moreover his knowledge of men and things had +predisposed him to believe that these poor rough fellows had not so +much deserved punishment as pity, and after a few days he was convinced +of the justice of this supposition. + +These raftsmen and weavers and smiths who were all utterly ignorant, +who had never been inside a school, who scarcely knew a prayer save the +Lord's Prayer, who dragged on existence in cheerless wretchedness, were +perhaps more justified in their mute impeachment of the body politic, +than deserving of the accusations brought against them. They did not go +to confession, they often sang songs that had stuck in their minds +since 1848, and some of them had, in public houses and factories, +delivered speeches on the injustice of the economy of the world and +state as it was reflected in their unhappy brains. This was all; and +this did not make them enemies of the State or of the Emperor. On the +contrary, the record of their examination nearly always testified the +opinion: "the only misfortune was that the young Emperor knew nothing +of their condition, otherwise he would help them." Sendlingen's noble +heart was contracted with pity, whenever he heard such utterances. And +these men he was to convict of high treason! No! not an instant longer +than was absolutely necessary should they remain away from their +families and trades. + +On the Feast of the Epiphany Sendlingen was sitting in his Chambers +examining a raftsman, an elderly man of herculean build with a heavy, +sullen face, covered with long straggling, iron-grey hair; Johannes +Novyrok was his name. The police had indicated him as particularly +dangerous, but he did not prove to be worse than the rest. + +"Why don't you go to confession?" asked Sendlingen finally when all the +other grounds of suspicion had been discussed. + +"Excuse me, my Lord," respectfully answered the man in Czech. "But do +you go?" + +Sendlingen looked embarrassed and was about to sharply reprove him for +his impertinent question, but a look at the man's face disarmed him. +There was neither impertinence nor insolence written there, but rather +a painful look of anxiety and yearning that strangely affected +Sendlingen. "Why?" he asked. + +"Because I might be able to regulate my conduct by yours," replied the +raftsman. "You see, my Lord, I differ from my brethren. People such as +we, they think, have no time to sin, much less to confess. The God +there used to be, must surely be dead, they say, otherwise there would +be more justice in the world; and if he is still alive, he knows well +enough that anyhow we have got hell on this earth and will not suffer +us to be racked and roasted by devils in the next world. But I have +never agreed with such sentiments; they strike me as being silly and +when my mates say: rich people have a good time of it, let them go to +confession,--why, its arrant nonsense. For I don't believe that any one +on earth has a good time of it, not even the rich, but that everybody +has their trouble and torment. And therefore I should very much like to +hear what a wise and good man, who must understand these things much +better than I do, has to say to it all. It might meet my case. And I +happen to have particular confidence in you. In the first place because +you're better and wiser than most men, so at least says every one in +the town, and this can't be either hypocrisy or flattery, because they +say so behind your back. But I further want to hear your opinion, +because I know for certain that you have an aching heart and plenty of +trouble." + +"How do you know that?" + +Novyrok glanced at the short-hand clerk sitting near Sendlingen and who +was manifestly highly tickled at the simplicity of this ignorant +workman. "I could only tell you," he said shyly, "if you were to send +that young man out of the room. It is no secret, but such fledglings +don't understand life yet." + +The young clerk was much astonished when Sendlingen actually made a +sign to him to withdraw. + +"Thank you," said the raftsman after the door was shut "Well, how I +know of your trouble? In the first place one can read it in your +face, and secondly I saw you one stormy night--it may be eight weeks +ago--wandering about the streets by yourself. You went down to the +river; I was watchman on a raft at the time and I saw you plainly. +There were tears running down your cheeks, but even if your eyes had +been dry--well no one goes roaming alone and at random on such a night, +unless he is in great trouble." + +Sendlingen bowed his head lower over the papers before him. Novyrok +continued: + +"An hour later, your friend brought you into our inn whither I had come +in the meanwhile after my mate had relieved me of the watch. You were +unconscious. I helped to carry you and take you home.... I don't tell +you this in the hope that you may punish me less than I deserve, but +just that I may say to you: you too, my Lord, know what suffering +is--do you find the thought of God comforting, and what do you think of +confession?" + +Sendlingen made no reply; the recollection of that most fatal night of +his existence and the solemn question of the poor fellow, had deeply +moved him. "You must have experienced something, Novyrok," he said at +length, "that has shaken your Faith." + +"Something, my Lord? Alas, everything!--Alas, my whole life! I don't +believe there are many people to whom the world is a happy place, but +such men as I should never have been born at all. I have never known +father or mother, I came into the world in a foundling hospital on a +Sylvester's Eve some fifty years ago--the exact date I don't know--and +that's why they called me 'Novyrok' (New-Year). I had to suffer a great +deal because of my birth; it is beyond all belief how I was knocked +about as a boy and youth among strangers--even a dog knows its mother +but I did not. And therefore one thing very soon became clear to me: +many disgraceful things happen on this earth, but the most disgraceful +thing of all is to bring children into the world in this way. Don't you +think so, my Lord?" + +Sendlingen did not answer. + +"And I acted accordingly," continued Novyrok, "and had no love-affair, +though I had to put great restraint upon myself. I don't know whether +virtue is easy to rich people; to the poor it is very bitter. It was +not until I became steersman of a raft and was earning four gulden a +week that I married an honest girl, a laundress, and she bore me a +daughter. That was a bright time, my Lord, but it didn't last long. My +wife began to get sickly and couldn't any longer earn any thing; we got +into want, although I honestly did my utmost and often, after the raft +was brought to, I chopped wood or stacked coal all night through when I +got the chance. Well, however poorly we had to live, we did manage to +live; things didn't get really bad till she died. My mates advised me +then to give the care of my child to other people--and go as a raftsman +to foreign parts, on a big river, the Elbe or the Danube: 'Wages,' they +said, 'are twice as much there and you, as an able raftsman, can't help +getting on.' But I hadn't got it in my heart to leave my little +daughter. Besides I was anxious about her; to be sure she was only +just thirteen, and a good, honest child, but she promised to be very +nice-looking. If you go away, I said to myself, you may perhaps stay +away for many years, and there are plenty of men in this world without +a conscience, and temptation is great! So I stayed, and so as not to be +separated from her even for a week, I gave up being a raftsman and +became a workman at a foundry. But I was awkward at the work, the wages +were pitiful, and though my daughter, poor darling, stitched her eyes +out of her head, we were more often hungry than full. I frequently +complained, not to her, but to others, and cursed my wretched +existence--I was a fool! for I was happy in those days; I did my duty +to my child." + +Novyrok paused. Sendlingen sighed deeply. "And then?" he asked. + +"Then, my Lord," continued the raftsman, "then came the dark hour, when +I yielded to my folly and selfishness. Maybe I am too hard on myself in +saying this, for I thought more of my child's welfare than my own, and +many people thought what I did reasonable. But otherwise I must accuse +Him above, and before I do that I would rather accuse myself. But I +will tell you what happened in a few words. A former mate of mine who +was working at the salt shipping trade on the Traun, persuaded me to go +with him, just for one summer, and the high wages tempted me. My girl +was sixteen at that time; she was like a rose, my Lord, to look at. But +before I went I told her my story, where I was born and who my mother +very likely was, and I said to her: 'Live honestly, my girl, or when I +come back in the autumn I will strike you dead, and then jump into the +deepest part of the river.' She cried and swore to me she'd be good. +But when I came back in the autumn----" + +He sobbed. It was some time before he added in a hollow voice: "Hanka +was my daughter's name. Perhaps you remember the case, my Lord. It took +place in this house. Certainly it's a long while ago; it will be seven +years next spring." + +"Hanka Novyrok," Sendlingen laid his hand on his forehead. "I +remember!" he then said. "That was the name of the girl who--who died +in her cell during her imprisonment upon trial." + +"She hanged herself," said Novyrok, sepulchrally. "It happened in the +night; the next morning she was to have come before the Judges. She had +murdered her child." + +There was a very long silence after this. Novyrok then resumed: + +"You didn't examine me about the case, you would have understood me. +The other Judge before whom I was taken didn't understand me when I +said: 'This is a controversy between me and Him up above, for either He +is at fault or I am.' The Judge at first thought that grief had turned +my head, but when he understood what I said, he abused me roundly and +called me a blasphemer. But I am not that. I believe in Him. I do not +blaspheme Him, only I want to know how I stand with Him. It would be +the greatest kindness to me, my Lord, if you could decide for me." + +"Poor fellow," said Sendlingen, "don't torment yourself any more about +it; such things nobody can decide." + +Novyrok shook his head with a sigh. "A man like you ought to be able to +make it out," he said, "although I can see that it is not easy. For +look here--how does the case stand? A wretched blackguard, a +linendraper for whom she used to sew, seduced her in my absence. If I +had stayed here, it would not have happened. When I came back I learnt +nothing about it, she hid it from me out of fear of what I had said to +her at parting, and that was the reason why she killed her child, yes, +and herself too in the end. For I am convinced that it was not the fear +of punishment that drove her to death, but the fear of seeing me again, +and no doubt, she also wished to spare me the disgrace of that hour. +Now, my Lord, all this----" + +They were interrupted. A messenger brought in a letter which had +just arrived. Sendlingen recognised the writing of the count, his +brother-in-law, who was a Judge of the Supreme Court. He laid the +letter unopened on the table; very likely belated New-year's wishes, he +thought. "Go on!" he said to the Accused. + +"Well, my Lord, all this seems to tell against me, but it might be +turned against Him too. I might say to Him: 'Wasn't I obliged to try +and keep her from sin by using the strongest words? And why didst Thou +not watch over her when I was far away; Hanka was Thy child too, and +not only mine! And if Thou wouldst not do this, why didst Thou suffer +us two to be born? Thou wilt make reparation, sayst Thou, in Thy +Heaven? Well, no doubt it is very beautiful, but perhaps it is not so +beautiful that we shall think ourselves sufficiently compensated.' You +see, my Lord, I might talk like this--But if I were to begin. He too +would not be silent, and with a single question He could crush me. 'Why +did you go away?' He might ask me. 'Why did you not do your duty to +your child? I, O fool, have untold children; you had only this one to +whom you were nearest. You say in your defence that you did not act +altogether selfishly, that you wanted to better her condition as well. +May be, but you did think of _your own_ condition, _of yourself_ as +well, and that a father may not do! I warned you by your own life, and +by causing your conscience and presentiments to speak to you--why did +you not obey Me? Besides you would not have starved here?' You see, my +Lord, He might talk to me in this way and He would be right, for a +father may not think of himself for one instant where his child's +welfare is concerned. Isn't that so? + +"Yes, that is so!" answered Sendlingen solemnly. + +"Well, that is why I sometimes think: you should certainly go to +confession! What do you advise, my Lord?" + +This time, too, Sendlingen could find no relevant answer, much as he +tried to seek the right words of consolation for this troubled heart. +He strove to lessen his sense of guilt, that sensitive feeling which +had so deeply moved him, and finally assured him also of a speedy +release. But Novyrok's face remained clouded; the one thing which he +had wished to hear, a decision of his singular "controversy" with +"Him," he had to do without, and when Sendlingen rang for the turnkey +to remove the prisoner, the latter expressed his gratitude for "his +Lordship's friendliness" but not for any comfort received. + +Not until he had departed did Sendlingen take up his brother-in-law's +letter, which he meant hastily to run through. But after a few lines he +grew more attentive and his looks became overcast. "And this too," he +muttered, after he had read to the end, and his head sank heavily on +his breast. + +The Count informed him, after a few introductory lines, of the purport +of a conversation he had just had with the Minister of Justice. "You +know his opinion," said the letter, "he honestly desires your welfare, +and a better proof of this than your appointment to Pfalicz he could +not have given you. All the more pained, nay angered, is he at your +obstinate disregard of his wishes. He told you in plain language that +he did not desire you and Dernegg to take part in any political +investigations. You have none the less observed the same arrangement in +the present investigation against the workmen. I warn you, Victor, not +for the first time, but for the last. You are trifling with your +future; far more important people than Chief Judges, however able, are +now being sent to the right-about in Austria. The anger of the minister +is all the greater, because your defiance this time is notorious. +Scarcely a fortnight ago, the Supreme Court instructed you to undertake +the brief examination of a witness; you handed the matter over to Hoche +and excused yourself on the plea of the pressure of your regular work; +and yet this work now suddenly allows you personally to conduct a +complicated inquiry against some three dozen workmen." The letter +continued in this strain at great length and concluded thus: "I implore +you to assign the inquiry to Werner and to telegraph me to this effect +to-day. If this is not done, you will tomorrow receive a telegram from +the Minister commanding you to do so. And if you don't obey then, the +consequences will be at once fatal to you. You know that I am no lover +of the melodramatic, and you will therefore weigh well what I have +said." + +His brother-in-law--and Sendlingen knew it--certainly never affected a +melodramatic tone, and often as he had warned him, he had never before +written in such a key. What should he do? It was against his conscience +to submit and leave these poor fellows to their fate; but might he +concern himself more about men who were strangers to him, than about +the wellbeing of his own child? If he did not yield, would he not +perhaps be suddenly removed from his office, and just at the moment +when his unhappy daughter most of all required his help? + +He went to his residence in a state of grievous interior conflict, +impotently drawn from one resolve to another. He sighed with relief +when Berger entered; his shrewd, discreet friend could not have come at +a more opportune moment. + +But he, too, found it difficult to hit upon the right counsel, or at +least, to put it into words. "Don't let us confuse ourselves, Victor," +he said at length. "First of all, you know as well as I do, that the +Minister has no right to put such a command upon you. You are +responsible to him that every trial in your Court shall be conducted +with the proper formalities; the power to arrange for this is in your +hands. And therefore they dare not seriously punish your insistence on +your manifest right. Dismissal on such a pretext is improbable and +almost inconceivable, especially when it is a question of a man of your +name and services." + +"But it is possible." + +"Anything is possible in these days," Berger was obliged to admit. "But +ought this remote possibility to mislead you? You would certainly not +hesitate a moment, if consideration for your child did not fetter you. +Should this consideration be more authoritative than every other? In my +opinion, no!" + +"Because you cannot understand my feelings!" Sendlingen vehemently +interposed. "A father may not think of himself when his child's welfare +is concerned. The voice of nature speaks thus in the breast of every +man, even the roughest, and should it be silent in me?" + +"My poor friend," said Berger, "in your heart, too, it has surely +spoken loud enough. And yet, so far, you have not hesitated for a +moment to fulfil your duty as a judge when it came into conflict with +your inclination. You would not preside at the trial, you would not +conduct the examination. The struggle is entering on a new phase, you +cannot act differently now." + +"I must! I cannot help these poor people--besides Werner himself will +hardly be able to find them guilty. And the cases are not parallel; I +should have broken my oath if I had presided at the trial: I do not +break it if I obey the Minister's command." + +"That is true," retorted Berger. "But I can only say: Seek some other +consolation, Victor,--this is unworthy of you! For you have always +been, like me, of the opinion that it is every man's duty to protect +the right, and prevent wrong, so long as there is breath in his body! +If I admonish you, it is not from any fanatical love of Justice, but +from friendship for you, and because I know you as well as one man can +ever know another. Your mind could endure anything, even the most +grievous suffering, anything save one thing: the consciousness of +having done an injustice however slight. If you submit, and if these +men are condemned even to a few years' imprisonment, their fate would +prey upon your mind as murder would on any one else. This I know, and I +would warn you against it as strongly as I can.... Let us look at the +worst that could happen, the scarcely conceivable prospect of your +dismissal. What serious effect could this have upon the fate of your +child? You perhaps cling to the hope of yourself imparting to her the +result of the appeal; that is no light matter, but it is not so grave +as the quiet of your conscience. It can have no other effect. If the +purport of the decision is a brief imprisonment, you could have no +further influence upon her destiny, whether you were in office or not; +she would be taken to some criminal prison, and you would have to wait +till her term of imprisonment was over before you could care for her. +If the terms of the decision are imprisonment for life, or death (you +see, I will not be so cowardly as not to face the worst), the only +course left open to you is, to discover all to the Emperor and implore +his pardon for your child. Is there anything else to be done?" + +Sendlingen was silent. + +"There is no other means of escape. And if it comes to this, if you +have to sue for her pardon, it will assuredly be granted you, whether +you are in office or not. It will be granted you on the score of +humanity, of your services and of your family. It is inconceivable that +this act of grace should be affected by the fact that you had just +previously had a dispute with the Minister of Justice. It is against +reason, still more against sentiment. The young Prince is of a +chivalrous disposition." + +"That he is!" replied Sendlingen. "And it is not this consideration +that makes me hesitate, I had hardly thought of it. It was quite +another idea.... Thank you, George," he added. "Let us decide tomorrow, +let us sleep upon it." He said this with such a bitter, despairing +smile, that his friend was cut to the heart. + +The next morning when Berger was sitting in his Chambers engaged upon +some pressing work, the door was suddenly flung open and Sendlingen's +servant Franz entered. Berger started to his feet and could scarcely +bring himself to ask whether any calamity had occurred. + +"Very likely it is a calamity," replied the old man, continuing in his +peculiar fashion of speech which had become so much a habit with him, +that he could never get out of it. "We were taken ill again in +Chambers, very likely we fell down several times as before, we came +home deadly pale but did not send in for the Doctor, but for you, sir." + +Berger started at once, Franz following behind him. As they went along, +Berger fancied he heard a sob. He looked round: there were tears in the +old servant's eyes. When they got into the residence, Berger turned to +him and said: "Be a man, Franz." + +Then the old fellow could contain himself no longer; bright tears +coursed down his cheeks. "Dr. Berger," he stammered. He had bent over +his hand and kissed it before Berger could prevent him. "Have pity on +me! Tell me what has been going on the last two months! We often speak +to Brigitta about it--I am told nothing! Why? We know that this silence +is killing me. I could long ago have learned it by listening and +spying, but Franz doesn't do that sort of thing. If you cannot tell me, +at least put in a word for me. Surely we do not want to kill me!" + +Berger laid his hand on his shoulder. "Be calm, Franz, we have all +heavy burdens to bear." + +He then went into Sendlingen's room. "The minister's telegram?" he +asked. + +"Worse!" + +"The decision? What is the result?" The question was superfluous; the +result was plainly enough written in Sendlingen's livid, distorted +features. Berger, trembling in every limb, seized the fatal paper that +lay on the table. + +"Horrible!" he groaned--it was a sentence of death. + +He forced himself to read the motives given; they were briefly enough +put. The Supreme Court had rejected the appeal to nullify the trial, +although the credibility of the servant-girl had appeared doubtful +enough to it, too. At the same time, the decision continued, there was +no reason for ordering a new trial, as the guilt of the accused was +manifest without any of the evidence of this witness. The Supreme Court +had gone through this without noticing either her recent statement +incriminating the Accused, nor her first favorable evidence. The +Countess' depositions alone, therefore, must determine Victorine's +conduct before the deed, and her motives for the deed. These seemed +sufficient to the Supreme Court, not to alter the sentence of death. + +For a long time Berger held the paper in his hands as if stunned; at +length he went over to his unhappy friend, laid his arms around his +neck and gently lifted his face up towards him. But when he looked into +that face, the courage to say a word of consolation left him. + +He stepped to the window and stood there for, perhaps, half an hour. +Then he said softly, "I will come back this evening," and left the +room. + +Towards evening he received a few lines from his friend. Sendlingen +asked him not to come till to-morrow; by that time he hoped to have +recovered sufficient composure to discuss quietly the next steps to be +taken. He was of opinion that Berger should address a petition for +pardon to the Emperor, and asked him to draw up a sketch of it. + +Berger read of this request with astonishment. He would certainly have +lodged a petition for pardon, even if Victorine Lippert had been simply +his client and not Sendlingen's daughter. But he would have done it +more from a sense of duty than in the hope of success. That this hope +was slight, he well knew. The petition would have to take its course +through the Supreme Court, and it was in the nature of the case that +the recommendation of the highest tribunal would be authoritative with +the Emperor; exceptions had occurred, but their number was assuredly +not sufficient to justify any confident hopes. All this Sendlingen must +know as well as himself. Why, therefore, did he wish that the attempt +should be made? In this desperate state of things, there was but one +course that promised salvation; a personal audience with the Emperor. +Why did Sendlingen hesitate to choose this course? + +Berger made up his mind to lay all this strongly before him, and when +on the next day he rang the bell of the residence, he was determined +not to leave him until he had induced him to take this step. + +"We are still in Chambers," announced Franz. "We want you to wait here +a little. We have been examining workmen again since this morning +early, and have hardly allowed ourselves ten minutes for food." + +"So he has none the less resolved to go on with that?" said Berger. +Perhaps, he thought to himself, the telegram has not arrived yet. + +"None the less resolved?" cried Franz. "We have perhaps seldom worked +away with such resolution and Baron Dernegg, too, was dictating +to-day--I say it with all respect--like one possessed." + +Berger turned to go. It occurred to him that he had not seen Victorine +for a week, and he thought he would use the interval by visiting her. +"I shall be back in an hour," he said to Franz. "In the meanwhile I +have something to do in the prison." + +"In the prison?" The old man's face twitched, he seized Berger's arm +and drew him back into the lobby, shutting the door. "Forgive me, Dr. +Berger. My heart is so full.... You are going to her--are you not? To +our poor young lady, to Victorine?" + +"What? Since when?" ... + +"Do I know it?" interrupted Franz. "Since yesterday evening!" And with +a strange mixture of pride and despair he went on: "We told me +everything!... Oh, it is terrible. But we know what I am worth! My poor +master! ah! I couldn't sleep all night for sorrow.... But we shall see +that we are not deceived in me.... I have a favour to ask, Dr. Berger. +Brigitta has the privilege naturally, because she is a woman and a +member of the 'Women's Society.' But I, what can I appeal to? Certainly +I have in a way, been in the law for twenty-five years, and understand +more of these things than many a young fledgling who struts about in +legal toggery, but--a lawyer I certainly am not--so, I suppose, Dr. +Berger, it is unfortunately impossible?" + +"What? That you should pay her a visit? Certainly it is impossible, and +if you play any pranks of that kind----" + +"Oh! Dr. Berger," said the old man imploringly. "I did but ask your +advice because my heart is literally bursting. Well, if this is +impossible, I have another favour, and this you will do me! Greet our +poor young lady from me! Thus, with these words: 'Old Franz sends +Fräulein Victorine his best wishes from all his heart--and begs her not +to despair.... and--and wants to remind her that the God above is still +living.'" + +Berger could scarcely understand his last words for the tears that +choked, the old man's voice. He himself was moved; as yesterday, so +to-day, Franz's tears strongly affected him, for the old servant was +not particularly soft by nature. "Yes, yes, Franz," he promised, and +then betook himself to the prison. He resolved to continue to be quite +candid with Victorine, but not to mention the result of the appeal by a +single word. + +But when he entered her cell, she came joyfully to meet him, her eyes +glistening with tears. "How shall I thank you?" she cried much moved +trying to take his hand. + +He fell back a step. "Thank me?--What for?" + +"Oh, I know," she said softly with a look at the door as if an +eavesdropper might have been there. "My father told me that it was not +official yet. He hurried to me this morning as soon as he had received +the news, but it is still only private information, and for the present +I must tell nobody! Whom else have I to thank but you?" + +"What?" he asked. And he added with an unsteady voice: "I have not seen +him for the last few days. Has he had news from Vienna?" + +"To be sure! The Supreme Court has pardoned me. My imprisonment during +trial is to be considered as punishment. In a few weeks I shall be +quite free." + +Berger felt all the blood rush to his heart. "Quite free!" he repeated +faintly. "In a few weeks!" And at the same time he was tortured by the +importunate question: "Great God! he has surely gone mad? How could he +do this? What is his object?" + +"Merciful Heaven!" she cried. "How pale you have turned. How sombre you +look! Merciful Heaven! you have not received other news? He has surely +not been deceived? Oh, if I had to die after all!--now--now----" + +She staggered. Berger took her hand and made her sink down on to the +nearest chair. "I have no other news," he said as firmly as possible. +"It came upon me with such a shock! I am surprised that he has not yet +told me anything. But then, of course, he did not hear of it till +to-day. If he has told you, you can, of course, look upon it as +certain." + +"May I not?" She sighed with relief. "I need not tremble any more? Oh, +how you frightened me!" + +"Forgive me--calm yourself!" + +He took up his hat again. + +"Are you going already? And I have not yet half thanked you!" + +"Don't mention it!" he said curtly, parrying her remark. "Au revoir," +he added with more friendliness, and leaving the cell, hurried to +Sendlingen's residence. + +He had just come in; Berger approached him in great excitement. "I have +just been to see Victorine," he began. "How could you tell this +untruth? How _could_ you?" + +Sendlingen cast down his eyes. "I had to do it. I was afraid that +otherwise the news of her condemnation might reach her." + +"No," cried Berger. "Forgive my vehemence," he then continued. "I have +reason for it. Such empty pretexts are unworthy of you and me. You +yourself see to the regulation of the Courts and the prison. The +Accused never hear their sentence until they are officially informed." + +"You do me an injustice," replied Sendlingen, his voice still +trembling, and it was not till he went on that he recovered himself: "I +have no particular reasons that I ought or want to hide from you. +I told her in an ebullition of feeling that I can hardly account +for to myself. When I saw her to-day she was much sadder, much more +hopeless, than has been usual with her lately. She certainly had a +presentiment--and I, in my flurry at this, feared that some report +might already have reached her. Such a thing, in spite of all +regulations, is not inconceivable; chance often plays strange pranks. +In my eager desire to comfort her, those words escaped me. The +exultation with which she received them, robbed me of the courage to +lessen their favourable import afterwards! That is all!" + +Berger looked down silently for a while. "I will not reproach you," he +then resumed. "How fatal this imprudence may prove, you can see as well +as I. She was prepared for the worst and therefore anything not so bad, +might perhaps have seemed like a favour of Heaven. Now she is expecting +the best, and whatever may be obtained for her by way of grace, it will +certainly dishearten and dispirit her. But there is no help for it now! +Let us talk of what we can help! You want me to lodge a petition for +pardon? It would be labour in vain!" + +"Well," said Sendlingen hesitatingly, "in some cases the Emperor has +revoked the sentence of death in spite of the decision of the Supreme +Court." + +"Yes, but we dared not build on this hope if we had no other. +Fortunately this is the case. You must go to Vienna; only on your +personal intercession is the pardon a _certainty_. And my petition +could at best only get the sentence commuted to imprisonment for life, +whereas your prayer would obtain a shorter imprisonment and, after a +few years, remission of the remainder. You must go to-morrow, +Victor--there is no time to lose." + +Sendlingen turned away without a word. + +"How am I to understand this?" cried Berger, anxiously approaching him. +"You _will_ not?" + +The poor wretch groaned aloud, "I will----" he exclaimed. "But later +on--later on----. As soon as your petition has been dispatched." + +"But why?" cried Berger. "I have hitherto appreciated and sympathised +with your every sentiment and act, but this delay strikes me as being +unreasonable, unpardonable. I would spare you if less depended on the +cast, but as it is, I will speak out. It is unmanly, it is----" He +paused. "Spare me having to say this to you, to you who were always so +brave and resolute. There is no time to lose, I repeat. Who will vouch +that it may not then be too late? If my petition is rejected, the Court +will at the same time order the sentence to be carried out. Do you know +so certainly that you will still be here then, that you will still have +time then to hurry to Vienna? Think! Think!" + +Berger had been talking excitedly and paused out of breath. But he was +resolved not to yield and was about to begin again when Sendlingen +said: "You have convinced me; I will go to Vienna sooner, even before +the dispatch of your petition." + +"Then you still insist that I shall proceed with it?" + +"Please; it can do no harm; it may do good. And at least we shall gain +time by it. I cannot undertake the journey to Vienna until the inquiry +against the working men is ended. In this, too, there is not a day to +be lost; neither Dernegg nor I know whether there is not an order on +the road that may in some way make us harmless. I trust we shall by +that time have succeeded in proving that no punishable offence has been +committed. I have received the Minister's telegram to-day, and at once +replied that the inquiry was so complicated, and had already proceeded +so far, that a change in the examining Judges would be impracticable." + +"I am glad that you have followed my advice," said Berger. "And in +spite of these aggravated conditions! You hesitated as long as the +decision was not known to you, as long as you simply feared it, and +when your fears were confirmed, you were brave again and did not +hesitate for an instant in doing your duty as an honourable man! +Victor, few people would have done the like!" He reached out his hand +to say good-bye. "You have now taken old Franz into your confidence?" +he asked, "another participator in the secret--it would have been well +to consider it first! But I will not begin to scold again. Adieu!" + + + + + CHAPTER XI. + + +More than two weeks had passed since this last interview. January of +1853 was drawing to a close and still there seemed no likelihood of an +end to the investigations against the workmen. + +Berger observed this with great anxiety. He had long since presented +the petition for pardon: the time was drawing near when it would be +laid before the Emperor, and yet, whenever the subject of the journey +to Vienna arose, Sendlingen had some reason or motive for urging that +he could not leave and that there was still time. When he made such a +remark Berger looked at him searchingly, as if he were trying to read +his inmost soul and then departed sadly, shaking his head. Every day +Sendlingen's conduct seemed to him more enigmatical and unnatural. For +this was the one means of saving Victorine's life! If he still +hesitated it could only proceed from fear of the agony of the moment, +from cowardice! + +But as often as Berger might and did say this to himself, he did not +succeed in convincing himself. For did not Sendlingen at the same time +evince in another matter and where the welfare and sufferings of +strangers to him were concerned, a moral courage rarely found in this +country and under this government. + +The conflict between Sendlingen and the Minister of Justice had +gradually assumed a very singular character; it had become a +"thoroughly Austrian business," as Berger sometimes thought with the +bitter smile of a patriot. To Sendlingen's respectful but decided +answer, the Minister had replied as rudely and laconically as possible, +commanding him to hand over the investigation forthwith to Werner. No +one could now doubt any longer that a further refusal would prove +dangerous, and Sendlingen sent his rejoinder,--a brief dignified +protest against this unjustifiable encroachment--with the feeling that +he had at the same time undersigned his own dismissal. And indeed in +any other country a violent solution would have been the only one +conceivable; but here it was different. Certainly a severe censure from +the Minister followed and he talked of "further steps" to be taken, but +the lightning that one might have expected after this thunder, did not +follow. The same result, was, however, sought by circuitous means, +attempts were made to weary the two Judges and to put them out of +conceit with the case. When they proposed to the Court that the case +against one of the Accused might be discontinued, the Crown-Advocate +promptly opposed it and called the Supreme Court to his assistance. +With all that, the police were feverishly busy and overwhelmed the two +Judges by repeatedly bringing forward new grounds of suspicion against +the prisoners, and these had to be gone through however evidently +worthless they might be at the first glance. + +There was not a single person attached to the Law-Courts with all their +diversity of character, who did not follow the struggle of Sendlingen +for the independence of the Judge's position, with sympathy, and the +townspeople were unanimous in their enthusiastic admiration. This +courageous steadfastness was all the more highly reckoned as it was +visibly undermining his strength. His hair grew gray, his bearing less +erect, and his face now almost always bore an expression of melancholy +disquiet. People were not surprised at this; it must naturally deeply +afflict this man who was so manifestly designed to attain the highest +places in his profession, perhaps even to become the Chief Judge of the +Empire--to be daily and hourly threatened with dismissal. + +Only the three participators in the secret, and Berger in particular, +knew that the unhappy man could scarcely endure any longer the torture +of uncertainty about his child's fate. All the more energetic, +therefore, were Berger's attempts to put an end at least to this +unnecessary torment but again and again he spoke in vain. + +This occurred too on the last day in January. Sendlingen stood by his +answer: "There is still time, the petition has not yet come into the +Emperor's hands," and Berger was sorrowfully about to leave his +Chambers, when the door was suddenly flung open and Herr von Werner +rushed in. + +"My Lord," cried the old gentleman almost beside himself with joy and +waving a large open letter in his hand like a flag, "I have just +received this; this has just been handed to me. It means that I am +appointed your successor, it is the decree." + +Sendlingen turned pale. "I congratulate you," he said with difficulty. +"When are you to take over the conduct of the Courts?" + +"On the 22nd February," was the answer. "Oh, how happy I am! And you I +am sure will excuse me! Why should the news distress you? You will in +any case be leaving here at the end of February to----" he, stopped in +embarrassment. "To go to Pfalicz as Chief Justice of the Higher Court +there," he continued hastily. "We will continue to believe so, to +suppose the contrary would be nonsensical. You have annoyed the +Minister and he is taking a slight revenge--that is all! Good-bye, +gentlemen, I must hurry to my wife!" The old gentleman tripped away +smiling contentedly. + +"That is plain enough," said Sendlingen, after a pause, turning to his +friend. "My successor is appointed without my being consulted: the +decree is sent direct to him and not through me; more than that, I am +not even informed at the same time, when I am to hand over the conduct +of the Courts to him. To the minister I am already a dead man! But what +can it matter to me in my position? Werner's communication only +frightened me for a moment, while I feared that I had to surrender to +him forthwith. But the 22nd February--that is three weeks hence. By +that time _everything_ will be decided." + +Two days later, on Candlemas Day, on which in some parts of Catholic +Austria people still observe the custom of paying one another little +attentions, Sendlingen also received a present from the minister. The +letter read thus: "You are to surrender the conduct of the Courts on +the 22nd February to the newly appointed Chief Justice, Herr von +Werner. Further instructions regarding yourself will be forwarded you +in due course." + +The tone of this letter spoke plainly enough. For "further +instructions" were unnecessary if the previous arrangement--his +appointment to Pfalicz--was adhered to. His dismissal was manifestly +decreed. + +All the functionaries of the Courts fell into the greatest state of +excitement: who was safe if Sendlingen fell? And wherever the news +penetrated, it aroused sorrow and indignation. On the evening of the +same day the most prominent men of the town met so as to arrange a fête +to their Chief Justice before his departure. It was determined to +present him with an address and to have a farewell banquet. + +Berger, who had been at the meeting, left as soon as the resolution was +arrived at, and hurried to Sendlingen for he knew that his friend would +need his consolation to-day most of all. But Sendlingen was so calm +that it struck Berger as almost peculiar. "I have had time to get +accustomed to these thoughts," he said. + +"How do you think of living now?" asked Berger. + +"I shall move to Gratz," replied Sendlingen quickly; he had manifestly +given utterance to a long-cherished resolve. + +"Won't you be too lonely there?" objected Berger. "Why won't you go to +Vienna? By the inheritance from your wife, you are a rich man who does +not require to select the Pensionopolis on the Mur on account of its +cheapness. In Vienna you have many friends, there you will have the +greatest incitement to literary work, besides you may not altogether +disappear from the surface. Your career is only forcibly interrupted +but not nearly ended. A change of system, or even a change in the +members of the Ministry, would bring you back into the service of the +State, and, perhaps, to a higher position than the one you are now +losing." + +"My mind is made up. Brigitta is going to Gratz in a few days to take a +house and make all arrangements." + +They talked about other things, about the fête that had been arranged +to-day. "I will accept the address," Sendlingen explained, "but not the +banquet. I have not the heart for it." Berger vehemently opposed this +resolution; he must force himself to put in an appearance at least for +an hour; the fête had reference not only to himself personally, but to +a sacred cause, the independence of Judges. All this he unfolded with +such warmth, that Sendlingen at length promised that he would consider +it. + +The next morning the Vienna papers published the news of the measures +taken with regard to Sendlingen, which they had learnt by private +telegrams. A severe censorship hampered the Austrian press in those +days; the papers had been obliged to accustom the public to read more +between the lines than the lines themselves: and this time, too, they +hit upon a safe method of criticism. As if by a preconcerted agreement, +all the papers pronounced the news highly incredible; and that it was, +moreover, wicked to attribute such conduct to the strict but just +government which Austria enjoyed. A severer condemnation than this +defence of the government against "manifestly malicious reports" could +not easily be imagined, and the public understood it as it was +intended. + +In a moment, Sendlingen's name was in every mouth, and the +investigation against the workmen the talk of the day, first in the +capital, soon throughout the whole country. + +A flood of telegrams and letters, inquiries and enthusiastic +commendations, suddenly burst upon Sendlingen. Had there been room in +his poor heart, in his weary tormented brain, for any lucid thought or +feeling, he would now have been able, in the days of his disgrace, to +have held up his head more proudly than ever. It was not saying too +much when Berger told him that a whole nation was now showing how +highly it valued him. But he scarcely noticed it and continued, dark +and hopeless, to do his duty and to drag on the Sisyphus-task of his +investigation in combat with both the police and the Crown lawyers. + +Suddenly those hindrances ceased. When Sendlingen one morning entered +his Chambers soon after the news of his deposal had appeared in the +papers, he for the first time, for weeks, found no information of the +police on the table. That might be an accident, but when there was none +the second day, he breathed again. The Superintendent of Police at +Bolosch was, the zealous servant of his masters; if he in twice +twenty-four hours did not discover the slightest trace of high treason, +there must be good reason for it. In the same way nothing more was +heard from the Crown-Advocate. + +"They have almost lost courage in the face of the general indignation!" +cried Berger triumphantly. "Franz has just told me that Brigitta is to +start the day after to-morrow for Gratz. Let her wait a few days, and +so spare the old lady having to make the journey to Pfalicz by the very +round about way of Gratz." + +"You cannot seriously hope that," said Sendlingen turning away, and so +Berger went into Brigitta's room later on to bid her good-bye. + +The old lady was eagerly reading a book which she hastily put on one +side as he entered. "I am disturbing you," he said. "What are you +studying so diligently?" + +"Oh, a novel," she replied quickly. Her eyes were red and she must have +been crying a great deal lately. + +"I thought perhaps it was a description of Gratz," said he jokingly. +"It seems to me that you have a genuine fear of this weird city where +life surges and swells so mightily!" And he attempted to remove her +fears by telling her much of the quiet, narrow life of the town on the +Mur. + +While he was speaking, the book, which she had laid on her workbox, +slid to the ground and he picked it up before she had time to bend down +for it. It was a French grammar. "Great heavens!" he cried in +astonishment. "You are taking up the studies of your youth again, +Fräulein Brigitta?" + +The old lady stood there speechless, her face crimson, as if she had +been caught in a crime. "I have been told," she stammered, "that--that +one can hardly get along there with only German." + +"In Gratz?" Berger could not help laughing heartily. "Who has been +playing this joke upon you? Reassure yourself. You will get along with +the French in Gratz without any grammar." Still laughing, he said +good-bye and promised to visit her in Gratz. + +Meanwhile the excitement into which the press and the public were +thrown by the "Sendlingen incident" grew daily. In Bolosch new +proposals were constantly being made, to have the fête on a magnificent +and uncommon scale. It did not satisfy the popular enthusiasm that the +address to be presented was covered with thousands of signatures. A +proposal was made in the town-council to call the principal street +after Sendlingen: some of the prominent men of the town wanted to +collect subscriptions for a "Sendlingen Fund" whose revenue should be +devoted to such officers of the State as, like Sendlingen, had become +the victims of their faithfulness to conviction; the gymnastic +societies resolved upon a torch-light procession. The chairman of the +Committee arranging the festivities--he was the head of the first +Banking house of the town--was in genuine perplexity; he still did not +know which acts of homage Sendlingen would accept and he sought +Berger's interposition. + +"Save me," implored the active banker. "People are pressing me and the +Chief Justice is dumb. Yesterday I hoped to get a definite answer from +him but he broke off and talked of our business." + +"Business? What business?" asked Berger. + +"I am just doing a rather complicated piece of business for him," +answered the Banker. "I thought that you, his best friend, would have +known about it. He is converting the Austrian Stock in which his +property was hitherto invested, into French, English and Dutch stock, +and a small portion of it into ready money." + +"Why?" asked Berger in surprise. "He is going to stay in Austria?" + +"So I asked," replied the Banker, "and received an answer which I had, +willy nilly, to take as pertinent. For he is hardly to be blamed, if +after his experiences, his belief in the credit of the State has become +a little shaky." + +Berger could not help agreeing with this, and therefore did not refer +to it in his talk with Sendlingen. With regard to the fête he received +a satisfactory answer. Sendlingen without any further hesitation, +accepted the banquet and even the torch-light procession. Both were to +take place on the 21st February, the last day of his term of office. + +All this was telegraphed to Vienna and was bravely used by the papers. +Even in Bolosch, they said, these melancholy reports, so humiliating to +every Austrian, were not seriously believed; how long would the +government hesitate to contradict them? The demand was so universal, +the excitement so great, that an official notice of a reassuring +character was actually issued. The government, announced an official +organ, had in no way interfered with the investigation; that this was +evident, the present position of the inquiry, now without doubt near a +close, sufficiently proved. With regard, however, to Sendlingen's +dismissal there was some "misunderstanding" in question. + +As so often before, in the case of the like oracular utterances from a +similar source, everybody was now asking what this really meant. Berger +thought he had hit the mark and exultingly said to his friend: "Hurrah! +they have now entirely lost their courage! They are only temporising so +as not to have to admit that public opinion has made an impression upon +them." + +Sendlingen shrugged his shoulders. "It is all one to me, George," he +said. + +"Now--that I can understand," replied Berger warmly. "In a few months +you will speak differently! When do you go to Vienna?" + +Sendlingen reflected. "On the seventeenth I should say," he at length +replied hesitatingly. "That is to say if Dernegg and I can really +dismiss the workmen on the sixteenth as we hope to do." + +This hope was realised; on the 16th February 1852, the workmen were +released from prison. Their first step related to Sendlingen: in the +name of all, Johannes Novyrok made a speech of thanks of which this was +the peroration: + +"We know well what we ought to wish you in return for all you have done +for us: good-luck and happiness for you and for all whom you love! But +mere good wishes won't help you, and we can do nothing for you, +although every man of us would willingly shed his blood for your sake, +and as to praying, my Lord, it is much the same thing--you may +remember, perhaps, what I have already said to you on the subject. And +so we can only say: think of us when you are in affliction of mind and +you will certainly be cheered! You can say to yourself: 'I have lifted +these people out of their misfortune and lessened their burden as much +as I could,'--and you will breathe again. For I believe this is the +best consolation that any man can have on this poor earth. God bless +you! for you are noble and good, and what you do is well done, and sin +and evil are far from you. A thousand thanks, my Lord. Farewell!" + +"Farewell!" murmured Sendlingen, his voice choking as he turned away. + +... On the next day, the 17th February, Sendlingen should have started +by the morning train to Vienna; he had solemnly promised Berger to do +so the evening before. The latter, therefore, was much alarmed when he +accidentally heard, in the course of the afternoon, that Sendlingen was +still in Chambers. + +He hastened to him. "Why have you again put off going?" he asked +impetuously. + +Sendlingen had turned pale. "I have not been able to bring myself to +it," he answered softly. + +"And you know what is at stake!" cried Berger in great excitement, +wiping the cold sweat from his forehead. "Victor, this is cowardice!" + +"It is not," he replied as gently as before, but with the greatest +determination. "If I had been a coward, I would long since have had the +audience." + +Berger looked at him in astonishment. "I do not understand you," he +said. "It may be a sophism by which you are trying to lull your +conscience, but it is my duty to rouse you. O Victor!" he continued +with passionate grief, "you can yourself imagine what it costs me to +speak to you in this way. But I have no option." + +Sendlingen was silent. "I will talk about it later," he said. "Let me +first tell you a piece of news that will interest you. I have received +a letter from the Minister this morning.... You were right about their +'courage.'" He handed the letter to his friend. "The Minister reminds +me that it is my duty, in consequence of the appointment made last +November, to be in Pfalicz on the morning of the 1st March to take over +the conduct of the Higher Court there." + +"After all!" cried Berger. "And how polite! Do you see now that we +liberals and our newspapers are some good? The Minister has no other +motive for beating a retreat." + +"Perhaps this letter, which came at the same time, may throw some light +on it," observed Sendlingen taking up a letter as yet unopened. "It is +from my brother-in-law. Count Karolberg!" He opened it and glanced at +the first few lines. "True!" he exclaimed. "Just listen." + +"You do not deserve your good fortune," he read, "and I myself was +fully persuaded that you were lost. But it seems that the Minister +talked to us more sharply than he thought, and that from the first he +meant nothing serious. That he kept you rather long in suspense, proved +to be only a slight revenge which was perhaps permissible. He meant no +harm; I feel myself in duty bound to say this to his credit." + +"And your brother-in-law is a clever man," cried Berger, "and himself a +Judge! Does he not understand that this very explanation tells most of +all against the Minister? Oh, I always said that it was another +thoroughly Austrian----" + +A cry of pain interrupted him. "What is this?" cried Sendlingen +horror-struck and gazing in deadly pallor at the letter. + +Berger took the letter out of his trembling hands, in the next instant +he too changed colour. His eyes had lit upon the following passage. + +"When do you leave Bolosch? I hope that the last duty that you have to +do in your office, will not affect your soft heart too much. Certainly +it is always painful to order the execution of a woman, and especially +such a young one, and perhaps you can leave the arrangements for the +execution to your successor who fortunately is made of sterner stuff." + +The letter fell from Berger's hands. "O Victor----" he murmured. + +"Don't say a word," Sendlingen groaned; his voice sounded like a +drowning man's. "No reproaches!--Do you want to drive me mad." + +Then he made a great effort over himself. "The warrant must have come +already," he said, and he rang for the clerk and told him to bring all +the papers that had arrived that day. The fatal document was really +among them; it was a brief information to the Court at Bolosch stating +that the Emperor had rejected the petition for pardon lodged by Counsel +for the defence, and that he had confirmed the sentence of death. The +execution, according to the custom then prevailing, was to be carried +out in eight days. + +"I will not reproach you," said Berger after he had glanced through the +few lines. "But now you must act. You must telegraph at once to the +Imperial Chancellery and ask for an audience for the day after +tomorrow, the nineteenth, and to-morrow you must start for Vienna!" + +"I will do so," said Sendlingen softly. + +"You _must_ do it!" cried Berger, "and I will see that you do. I will +be back in the evening." + +When Berger returned at nightfall, Franz said to him in the lobby: +"Thank God, we are going to Vienna after all!" and Sendlingen himself +corroborated this. "I have already received an answer; the audience is +granted for the nineteenth. I have struggled severely with myself," he +then added, and continued half aloud, in an unsteady voice, as if he +were talking to himself; "I am a greater coward than I thought. However +fixed my resolve was, my courage failed me--and so I must go to +Vienna." + +Berger asked no further questions, he was content with the promise. + + + + + CHAPTER XII. + + +The 18th February 1853, was a clear, sunny day. At midday the snow +melted, the air was mild; there seemed a breath of spring on the +country through which the train sped along, bearing the unhappy man to +Vienna. But there was night in his heart, night before his eyes; he sat +in the corner of his carriage with closed lids, and only when the train +stopped, did he start up as from sleep, look out at the name of the +station, and deeply sighing, fall back again into his melancholy +brooding. + +Was the train too slow for him? + +There were moments when he wished for the wings of a storm to carry him +to his destination, and that the time which separated him from the +decisive moment might have the speed of a storm. And in the next +breath, he again dreaded this moment, so that every second of the day +which separated him from it, seemed like a refreshing gift of grace. +Alas! he hardly knew himself what he should desire, what he should +entreat, and one feeling only remained in his change of mood, despair +remained and spread her dark shadow over his heart and brain. + +The train stopped again, this time at a larger station. There were many +people on the platform, something extraordinary must have happened; +they were crowding round the station-master who held a paper in his +hand and appeared to be talking in the greatest excitement. The crowd +only dispersed slowly as the train came in; lingeringly and in eager +talk, the travellers approached the carriages. + +Sendlingen looked out; the guard went up to the station-master who +offered him the paper; it must have been a telegram. The man read it, +fell back a step turning pale and cried out: "Impossible!" upon which +those standing around shrugged their shoulders. + +Sendlingen saw and heard all this; but it did not penetrate his +consciousness. "Heldenberg," he said, murmuring the name of the +station. "Two hours more." + +The train steamed off, up a hilly country and therefore with diminished +speed. But to the unhappy man it was again going too swiftly--for each +turn of the wheels was dragging him further away from his child, for a +sight of whose white face of suffering, he was suddenly seized with a +feverish longing, his poor child, that now needed him most of all. + +"Frightful!" he groaned aloud. His over-wrought imagination pictured +how she had perhaps just received the news that she was to fall into +the hangman's hands! It was possible that the sentence had passed +through the Court of Records and been added to the rolls; some of the +lawyers attached to the Courts might have read it, or some of the +clerks--if one of them should tell the Governor, or the warders, if +Victorine should accidentally hear or it! + +"Back!" he hissed, springing up. "I must go back." Fortunately he was +alone, otherwise his fellow travellers would have thought him mad. And +there was something of madness in his eyes as he seized his portmanteau +from the rack, and grasped the handle of the door as if to open it and +spring from the train. + +The guard was just going along the foot-board of the carriages, the +engine whistled, the train slackened, and in the distance the roofs of +a station were visible. The guard looked in astonishment at the livid, +distorted features of the traveller; this look restored Sendlingen to +his senses, and he sank back into his seat. "It is useless," he +reflected. "I must go on to Vienna." + +The train pulled up, "Reichendorf! One minute's wait!" cried the guard. + +It was a small station, no one either got in or out; only an official +in his red cap stood before the building. Nevertheless, the wait +extended somewhat beyond the allotted time. The guards were engaged in +eager conversation with the official. + +Sendlingen could at first hear every word. "There is no doubt about +it!" said the official. "I arranged my apparatus so that I could hear +it being telegraphed to Pfalicz and Bolosch. What a catastrophe." + +"And is the wound serious?" asked one of the guards. He was evidently a +retired soldier, the old man's voice trembled as he put the question. + +"The accounts differ about that," was the answer. "Great Heavens! who +would have thought such a thing possible in Austria!" + +"Oh! it can only have been an Italian!" cried the old soldier. "I was +ten years there and know the treacherous brood!" + +Thus much Sendlingen heard, but without rightly understanding, without +asking himself what it might mean. More than that, the sound of the +voices was painful to him as it disturbed his train of thought; he drew +up the window so as to hear no more. + +And now another picture presented itself to him as the train sped on, +but it was no brighter or more consoling. He was standing before his +Prince who had said to him: "It is frightful, I pity you, poor father, +but I cannot help you! It is my duty to protect Justice without respect +of persons; I confirmed the sentence of death not because I knew +nothing of her father, and supposed him a man of poor origin, but +because she was guilty, by her own confession and the Judges' verdict. +Shall I pardon her now because she is the daughter of an influential +man of rank, because she is your daughter? Is her guilt any the less +for this, will this bring her child to life again? Can you expect this +of me, you, who are yourself a Judge, bound by oath to judge both high +and low with the same measure?" Thus had the Emperor spoken, and he had +found no word to say against it--alas! no syllable of a word--and had +gone home again. And it was a dark night--dark enough to conceal +thieving and robbery or the blackest crime ever done by man--and he was +creeping across the Court-yard at home; creeping towards the little +door that opened into the prison. + +"Oh!" he groaned stretching out his hands as if to repel this vision, +"not that!--not that!--And I am too cowardly to do it. I know--too +cowardly! too cowardly!" + +Once more the train stopped, this time at a larger station. Sendlingen +did not look out, otherwise he must have noticed that this was some +extraordinary news that was flying through the land and filling all who +heard it with horror. Pale and excited the crowd was thronging in the +greatest confusion; all seemed to look upon what had happened as a +common misfortune. Some were shouting, others staring as if paralyzed +by fear, others again, the majority, were impatiently asking one +another for fresh details. + +"It was a shot!" screamed an old gray-headed man in a trembling voice, +above the rest, before he got into the train. "So the telegram to the +prefect says." + +"A shot!" the word passed from mouth to mouth and some wept aloud.' + +"No!" cried another, "it was a stab from a dagger, the General himself +told me so." + +Confused and unintelligible, the cries reached Sendlingen's ears till +they were drowned by the rush of the wheels, and again nothing was to +be heard save the noise of the rolling train. + +And again his over-wrought imagination presented another picture. The +Emperor had heard his prayer and said: "I grant her her life, I will +commute the punishment to imprisonment for life, for twenty years. More +than this I dare not do; she would have died had she not been your +daughter, but I dare not remit the punishment altogether, nor so far +lessen it that she, a murderess, should suffer the same punishment as +the daughter of a common man had she committed a serious theft." And to +this too he had known of no answer, and had come home and had to tell +his poor daughter that he had deceived her by lies. She had broken down +under the blow, and had been taken with death in her heart to a +criminal prison, and a few months later as he sat in his office and +dignity at Pfalicz, the news was brought him that she had died. + +"Would this be justice?" cried a voice in his tortured breast. "Can I +suffer this? No, no! it would be my most grievous crime, more grievous +than any other." + +The train had reached the last station before Vienna, a suburb of the +capital. Here the throng was so dense, the turmoil so great, that +Sendlingen, in spite of his depression, started up and looked out. +"Some great misfortune or other must have happened," he thought, as he +saw the pale faces and excited gestures around him. But so great was +the constraining force of the spell in which his own misery held his +thoughts, that it never penetrated his consciousness so as to ask what +had happened. He leant back in his corner, and of the Babel of voices +outside only isolated, unintelligible sounds reached his ears. + +Here the people were no longer disputing with what weapon that deed had +been done which filled them with such deep horror. "It was a stab from +a dagger," they all said, "driven with full force into the neck." Their +only dispute was as to the nationality of the malefactor. + +"It was a Hungarian!" cried some. "A Count. He did it out of revenge +because his cousin was hanged." + +"That is a lie!" cried a man in Hungarian costume. "A Hungarian +wouldn't do it--the Hungarians are brave--the Austrians are +cowards--the blackguard was an Austrian, a Viennese!" + +"Oho!" cried the excited crowd, and in the same instant twenty fists +were clenched at the speaker so that he began to retire. "A Lie! It was +no Viennese! on the contrary, a Viennese came to the rescue!" + +"Yes, a Vienna citizen!" shouted others, "a butcher!" + +"Was not the assassin an Italian?" asked the guard of the train, +and this was enough for ten others to yell: "It was a +Milanese--naturally!--they are the worst of the lot!" while from +another corner of the platform there was a general cry: "It was a Pole! +a student! He belonged to a secret society and was chosen by lot!" + +Two Poles protested, the Hungarian and an Italian joined them; bad +language flew all over the place; fists and sticks were raised; the +police in vain tried to keep the peace. Then a smart little shoemaker's +apprentice hit upon the magic word that quieted all. + +"It was a Bohemian!" he screeched, "a journeyman tailor from +Pardubitz!" + +In a moment a hundred voices were re-echoing this. + +This cry alone penetrated the gloomy reflections in which Sendlingen +was enshrouded, but he only thought for an instant: "Probably some +particularly atrocious murder," and then continued the dark train of +his thoughts.--Now he tried to rouse himself, to cheer himself by new +hopes, and he strove hard to think the solution of which Berger had +spoken, credible. + +He clung to it, he pictured the whole scene--it was the one comfort +left to his unhappy mind. He chose the words by which he would +move his Prince's heart, and as the unutterable misery of the last +few months, the immeasurable torment of his present position once more +rose before him, he was seized with pity for himself and his eyes +moistened--assuredly! the Emperor, too, could not fail to be touched, +he would hear him and grant him the life of his child. Not altogether, +he could not possibly do that, but perhaps he would believe living +words rather than dead documentary evidence and would see that the poor +creature was deserving of a milder punishment. And when her term of +punishment was over--oh! how gladly he would cast from him all the pomp +and dignity of the world and journey with her into a foreign land where +her past was not known--how he would sacrifice everything to establish +her in a new life, in new happiness.... A consoling picture rose before +him: a quiet, country seat, apart from the stream of the world, far, +far away, in France or in Holland. Shady trees clustered around a small +house and on the veranda there sat a young woman, still pale and with +an expression of deep seriousness in her face, but her eyes were +brighter already, and there was a look about her mouth as if it could +learn to smile again. + +"Vienna." + +The train stopped; on the platform there was the same swaying, surging +crowd as at the suburb, but it was much quieter for the police +prevented all shouting and forming into groups. Sendlingen did not +notice how very strongly the station was guarded. The consoling picture +he had conjured up was still before his mind; like a somnambulist he +pushed through the crowd and got into a cab. "To the Savage," he called +to the driver; he gave the order mechanically, from force of habit, for +he always stayed at this hotel. + +The shadows of the dusk had fallen upon the streets as the cab drove +out of the station, the lamps' red glimmer was visible through the damp +evening mist that had followed upon the sunny day. Sendlingen leant +back in the cushions and closed his eyes to continue his dream; he did +not notice what an unusual stir there was in the streets. It was as if +the whole population was making its way to the heart of the city; the +vehicles moved in long rows, the pedestrians streamed along in dense +masses. There was no shouting, no loud word, but the murmur of the +thousands, excitedly tramping along, was joined to a strange hollow +buzz that floated unceasingly in the air, and grew stronger and +stronger as the carriage neared the centre of the town. More and more +police were visible, and at the Glacis there was even a battalion at +attention, ready for attack at a moment's notice. + +Even this Sendlingen did not notice, it hardly entered his mind +that the cab was driving much more slowly than usual. That picture +of his brain was still before him and hope had visited his heart +again. "Courage!" he whispered to himself. "One night more of this +torment--and then she is saved! He is the only human being who can help +us, and he will help us." + +His cab had at length made way through the crowd that poured in an ever +denser throng across the Stefansplatz and up the Graben towards the +Imperial Palace--and it was able to turn into the Kärtnerstrasse. It +drew up before the hotel. The hall-porters darted out and helped +Sendlingen to alight, the proprietor himself hurried forward and bowed +low when he recognised him. + +"His Lordship, the Chief Justice!" he cried. "Rooms 7 and 8. What does +your Lordship say to this calamity? It has quite dazed me!" + +"What has happened?" asked Sendlingen. + +"Your Lordship does not know?" cried the landlord in amazement. "That +is almost impossible! A journey-man tailor from Hungary, Johann +Libényi, attempted His Majesty's life to-day at the Glacis. The dagger +of the miscreant struck the Emperor in the neck. His Majesty is +severely wounded, if it had not been for the presence of mind of the +butcher, Ettenreich----" + +He stopped abruptly, "What is the matter?" he cried darting towards +Sendlingen. + +Sendlingen tottered, and but for his help would have fallen to the +ground. + + + + + CHAPTER XIII. + + +On the evening of the next day Count Karolberg, Sendlingen's +brother-in-law, entered his room at the hotel. "Well, here you are at +last!" he cried, still in the door-way. "Is this the way to go on after +a bad attack of the heart on the evening before? Three times to-day +have I tried to get hold of you, the first time at nine in the morning +and you had already gone out." + +"Thank you very much!" replied Sendlingen. "My anxiety for authentic +news about the Emperor's condition, drove me out of doors betimes, and +so I went to the Imperial Chancellery as early as was seemly. But I +only learnt what is in all the papers: that there was no danger of his +life, but that he would need quite three weeks of absolute rest to +bring about his complete recovery. Meanwhile the Cabinet is to see to +all current affairs: the sovereign authority of the Emperor is +suspended, and none of the princes of the blood are to act as Regent +during the illness." + +"But you surely did not inquire about that?" cried Count Karolberg in +astonishment. "That goes without saying." + +"Goes without saying!" muttered Sendlingen, and for a moment his +self-command left him and his features became so listless and gloomy +that his brother-in-law looked at him much concerned. + +"Victor!" he said, "you are really ill! You must see Oppolzer +to-morrow." + +"I cannot. I must go back to Bolosch to-night. I require two days at +least, to arrange the surrender of matters to my successor. But then I +shall come back here at once." + +"Good! You are going to spend the week before entering on your new +position here; the Minister of Justice has just told me. It was very +prudent of you to visit him at once." + +"It was only fitting that I should," said Sendlingen. Alas! not from +any motives of fitness or prudence had he gone to the Minister of +Justice; it was despair that drove him there after the information he +got at the Chancellery, a remnant of a hope that by his help, he might +at least attain the postponement of the execution till the Emperor was +better again. + +Not until he was in the Minister's ante-room, and had already been +announced, did he recover his senses and recognise that the Minister +could as little command a postponement as he himself, and so he kept +silence. "He was very friendly to me!" he added aloud. + +"He is completely reconciled to you," Count Karolberg eagerly +corroborated. "He spoke to me of your ill-health with the sincerest +sympathy, and told me that you had hinted at not accepting the post at +Pfalicz but contemplated retiring. I hope that is far from being your +resolve! If you require a lengthy cure somewhere in the South, leave of +absence would be sufficient. How could you have the heart to renounce a +career that smiles upon you as yours does?" + +"Of, course," replied Sendlingen, "I shall consider the subject +thoroughly." He then asked to be excused for a minute in order to write +a telegram to Bolosch. + +He sat down at the writing-table. He found the few words needed hard to +choose. He crossed them out and altered them again and again--it was +the first lie that that hand had ever set down. + +At length he had finished. The telegram read as follows: + +"George Berger, Bolosch. End desired as good as attained. Have procured +postponement till recovery of decisive arbiter. Return to-morrow +comforted. Victor." + +He then drove with Count Karolberg to his house and spent the evening +there in the circle of his relations. He was quiet and cheerful at he +used to be, and when he took his leave of the lady of the house to go +to the station, he jokingly invited himself to dinner on the 22d of +February. + +The weather had completely changed, since the morning heavy snow had +fallen: the Bolosch train had to wait a long time at the next station +till the snow-ploughs had cleared the line, and it was not till late +next morning that it reached its destination. Sendlingen was deeply +moved that, notwithstanding, the first face he saw on getting out of +the train, was that of his faithful friend. And at the same time it +frightened him: for how could he look him in the face? + +But in his impetuous joy, Berger did not observe how Sendlingen shrank +at his gaze. "At last!" he cried, embracing him, and with moistened +eyes, he pressed his hand, incapable of uttering a word. + +"Thank you!" said Sendlingen in an uncertain voice. "It--it came upon +you as a surprise?" + +"You may imagine that!" cried Berger. "Soon after your departure, I +heard the news of the attempt on the Emperor's life. I thought all was +lost and was about to hurry to you when your telegram came. And then, +picture my delight! I sent for Franz--the old man was mad with joy!" + +They had come out to the front of the station and had got into Berger's +sleigh. "To my house!" he called to the driver! + +"What are you thinking of?" asked Sendlingen. + +"You forget that you have no longer a habitable home!" cried Berger. +"There is such a veritable hurly-burly at the residence, that even +Franz hardly knows his way about--where do you mean to stay?" + +"At the Hofmann Hotel," replied Sendlingen. "I have already +commissioned Franz to take rooms there. It is impossible for me to stay +with you, George. Please do not press me. I cannot do it." + +Berger looked at him astonished. "But why not? And how tragically it +affects you? To the Hofmann Hotel!" he now ordered the driver. "But now +tell me everything," he begged, when the sleigh had altered its +direction. "Who granted you the postponement?" + +"The Archduke Ferdinand Maximilian," replied Sendlingen quickly, "the +Emperor's eldest brother. I had an interview with him yesterday. The +order to Werner to postpone the execution, should be here by the day +after to-morrow. For my own part, I shall stay in Vienna until the +Emperor has recovered. The Archduke himself could not give a final +decision." + +"Once more my heartiest congratulations!" cried Berger. "I will +faithfully watch over Victorine till you return. And now as to other +things. Do you know whom this concerns?" He pointed to some bundles of +fir-branches that were being unloaded at several houses. Here and +there, too, some black and yellow, or black, red and yellow flags were +being hung out. "You, Victor. The whole of Bolosch is preparing itself +for to-morrow, it will be such a fête as the town has not seen for a +long time. The Committee has done nothing either about the decorations +or the illuminations. Both are spontaneous, and done without any +preconcerted arrangement." + +"This must not take place!" cried Sendlingen impatiently. "I cannot +allow it! It would rend my heart!" + +"I understand you," said Berger. "But in for a penny etc. Besides your +heart may be easier now, than at the time you agreed to accept the +torch-light procession and the banquet. Do not spoil these good +people's pleasure, they have honorably earned your countenance. Every +third man in Bolosch is inconsolable to-day because there are no more +tickets left for the banquet, although we have hired the biggest room +in the place, the one in the town-hall. The only compensation that we +could offer them, was the modest pleasure of carrying a torch in your +honour and at the same time burning a few holes in their Sunday +clothes. Notwithstanding, torches have since yesterday become the +subject of some very swindling jobbery." + +In this manner he gossiped away cheerfully until the sleigh drew up at +the hotel. Herr Hofmann, the landlord, was almost speechless with +pleasure. "What an honour," stammered the fat man, his broad features +colouring a sort of purple-red. "Your Lordship is going to receive the +procession on my balcony?" + +"Yes indeed," sighed Berger, "and it is I who got you this honour!" He +drove away, promising to send Franz who was waiting at his house. + +After a short interval Franz appeared at the hotel; his face beamed as +he entered his master's room, and a few minutes later, when he came out +again, it was pale and distorted and his eyes seemed blinded; the old +man was reeling like a drunkard as he went back to Berger's house to +fetch the trunks to the hotel. + +Without making good his lost night's rest, Sendlingen betook himself to +his Chambers. Herr von Werner was already waiting for him; they at once +went to their task and began with the business of the Civil Court. It +was not difficult work, but it consumed much time, especially as Werner +in accordance with his usual custom would not dispatch the most +insignificant thing by word of mouth. Seldom can any mortal have +written his signature with the same pleasure as he to-day signed: "von +Werner, Chief Justice." + +Sendlingen held out patiently, without a sign of discomposure, "like a +lamb for the sacrifice" thought Baron Dernegg who was assisting with +the transfer. They only interrupted their work to take a scanty meal in +Chambers; twice, moreover, Franz sent for his master to make a brief +communication. At length, about ten at night, the work was done. For +the next day, when the affairs of the Criminal Court were to be +disposed of, Werner promised to be more brief. "You had better, if you +value your life," cried Dernegg laughing. "The Citizens of Bolosch +won't be made fools of. Woe to you if you don't release the hero of +to-morrow's fête in good time!" + +Sendlingen went to Berger who had now been waiting for him several +hours with increasing impatience. "I shall never forgive Herr von +Werner this!" he swore as they sat down to their belated meal. "And it +is the last evening in which I shall have you to myself! Franz told me +that you were going to Vienna by the express at four in the morning, +Why will you not take a proper rest after the excitement of the fête? +You had better go the day after to-morrow by the midday train." + +"I cannot," replied Sendlingen. "The Minister of Justice has asked me +to attend an important conference the day after to-morrow, and +therefore I am even thinking of going by the mail-train to-morrow. It +starts shortly after midnight and----" + +"That is quite impossible!" interrupted Berger. "Just consider, the +procession takes place between eight and nine, the banquet begins at +ten, it will be eleven before the first speeches are made--then you are +to reply in all speed, rush out, hurry to the hotel, change your +clothes, fly to the station----Why, it is quite impossible, and the +people would be justly offended if you fled from the feast in an hour's +time as if it were a torment!" + +"And so it is!" cried Sendlingen. "When you consider what my feelings +are likely to be at leaving Bolosch, then you will certainly not try to +stop me, but will rather help me, so that the torment be not too long +drawn out." + +Berger shrugged his shoulders. "You always get your own way!" he said. +"But it is not right to offend the people and then victimise yourself +all night in a train that stops at even the smallest stations." + +Then they talked of the political bearings, of the consequences, which +the crime of the 18th February, the act of a half-witted creature, +might have on the freedom of Austria. Victorine's name was not +mentioned by either of them this time. + +Sendlingen never closed his eyes all that night, although Herr Hofmann +had personally selected for him the best pillows in the hotel. It was a +dark, wild night; the snow alone gave a faint glimmer. An icy +northeast wind whistled its wild song through the streets, fit +accompaniment to the thoughts of the sleepless man. + +Towards eight in the morning--it had just become daylight--he heard the +sound of military music; the band was playing a buoyant march. At the +same time there was a knock at his door and Franz entered. The old man +was completely broken down. "We must dress," he said. "The band of the +Jägers and the choral society are about to serenade. Besides I suppose +we have not slept!" + +"Nor you either, Franz?" + +"What does that matter! But we will not survive it!" he groaned. "Oh! +that this day, that this night, were already past." + +"It must be, Franz." + +"Yes, it must be!" + +The band came nearer and nearer. At the same time the footsteps, the +laughter and shouts of a large crowd were audible. The old man +listened. "That's the Radetzky March!" he said. "Ah! how merrily they +are piping to our sorrow." + +The procession had reached the hotel. + +"Three cheers for Sendlingen!" cried a stentorian voice. The band +struck up a flourish and from hundreds and hundreds of throats came the +resounding shout: "Hip, hip, Hurrah! Hurrah! Hurrah!" Then the band +played a short overture and the fingers followed with a chorus. +Meanwhile Sendlingen had finished dressing; he went into the adjoining +room, and, after the song was finished and the cheering had begun +again, he opened a window and bowed his thanks. + +At his appearance the shouts were louder and louder; like the voice of +a storm they rose again and again: "Hurrah for Sendlingen! Hurrah! +Hurrah!" and mingling with them was the cry of the Czech workmen: +"Slava--Na zdar!" All the windows in the street were open; the women +waved their handkerchiefs, the men their hats; as far as the eye could +see, bright flags were floating before the snow-covered houses, and +decorations of fir were conspicuous in all the windows and balconies. +The unhappy man stared in stupefaction at the scene beneath him, then a +burning crimson flushed his pale face and he raised his hand as if to +expostulate. + +The crowd put another interpretation on the sign and thought that he +wanted to make a speech. "Silence," shouted a hundred voices together +and there was a general hush. But Sendlingen quickly withdrew, while +the cheering broke forth afresh. + +"My hat!" he cried to Franz. He wanted to escape to the Courts by the +back door of the hotel. But it was too late; the door of the room +opened, and the Committee entered and presented the address of the +inhabitants of Bolosch. Then the mayor and town-council appeared +bringing the greatest distinction that had ever been conferred on a +citizen of Bolosch--not only the freedom of the city, but the +resolution of the town-council to change the name of Cross Street +forthwith into Sendlingen Street. Various other deputations followed: +the last was that of the workmen. Their leader was Johannes Novyrok; he +presented as a gift, according to a Slavonic custom, a loaf of bread +and a plated salt-cellar, adding: + +"Look at that salt-cellar, my Lord! If you imagine that it is silver +you will be much mistaken, it is only very thinly plated and cost no +more than four gulden, forty kreutzer, and I must candidly say that the +dealer has very likely swindled us out of a few groschen in the +transaction; for what do we understand of such baubles? Well, four +gulden and forty kreutzer, besides fifteen kreutzer for the bread and +five kreutzer for the salt, make altogether five gulden of the realm. +Now you will perhaps think to yourself, my Lord: Are these men mad that +they dare offer _me_ such a trifling gift--but to that I answer: Five +gulden are three hundred kreutzer of the realm, and these three hundred +kreutzer were collected in this way: three hundred workmen of this town +after receiving their wages last Saturday, each subscribed one kreutzer +to give you a bit of pleasure. And now that you know this, you will +certainly honour their trifling gift. We beg you to keep this +salt-cellar on your table, so that your heart may be always rejoiced by +the gift of poor men whose benefactor you have been." + +In the Law Courts, too, a solemn ovation was awaiting him. Two Judges +received him at the entrance and conducted him to the hall of the +Senate, where all the members of the Court were gathered. Werner handed +him their parting-gift: a water-colour painting of the Courts of +Justice, and an album with the photographs of all connected with them. +"To the model of every judicial virtue," was stamped on it in gold +letters. Then Dernegg stepped forward. A number of the Court officials +had clubbed together to adorn the walls with Sendlingen's portrait. +Dernegg made a sign and the curtain was withdrawn from the picture. + +"Not only to honour you," he continued turning to Sendlingen, "have we +placed this picture here, but because we desire that your portrait +should look down upon us to admonish and encourage us, whenever we are +assembled here in solemn deliberation. It was here that four months ago +you gave utterance to a sentiment that, to me, will always be more +significant of your character than anything I ever heard you say. We +were discussing the condemnation of an unfortunate government clerk. 'I +have never been,' you said on that occasion, 'a blind adherent of the +maxim Fiat justitia et pereat mundum--but at least it must so far be +considered sacred, as binding each of us Judges to act according to law +and duty, even if our hearts should break in doing so.' Such things are +easily said, but hard to do. Fate, however, had decreed that you were, +since then, to give a proof that this conviction had indeed been the +loadstar of your life. Who should know that better than I, your +colleague in those sorrowful days. You never hesitated, even when all +that the heart of man may cling to, was at stake in your life." + +He had intended to go into this at greater length, but he came to a +speedy conclusion when he saw how pale Sendlingen had turned. "Very +likely his heart is troubling him again," he thought. But the attack +seemed to pass quickly. Certainly Sendlingen only replied in a very few +words, but he went to work again with Werner zealously. + +The three men--Dernegg was assisting to-day as well--betook themselves +to the prison. In the Governor's office, the register of prisoners was +gone through. Werner started when he saw the list of the sick. + +"So many?" he cried. "Our doctor would be more suited to a +philanthropic institute than here. Here, for instance, I read: +'Victorine Lippert. Since the 9th November, 1852.' Why that must be the +child-murderess, that impertinent person who made such a scene at the +trial. And here it says further: 'Convalescent since the middle of +December, but must remain in the infirmary till her complete recovery +on account of grave general debility.' This person has been well for +two months, and is still treated as if she were ill! Isn't that +unjustifiable?" + +Sendlingen made no reply; he was holding one of the lists close to his +eyes, so that his face was not visible. Dernegg, however, answered: +"Perhaps the contrary would be unjustifiable. The doctor knows the +case, we don't. He is a conscientious man." + +"Certainly," agreed Werner, "of course he is--but much too +soft-hearted. Let us keep to this particular case. Well, this person +has been tended as an invalid for more than two months. That adds an +increase of more than twenty kreutzer daily to the public expenditure, +altogether, since the middle of December, fourteen gulden of the realm. +We should calculate, gentlemen, calculate. And is such a person worth +so much money? Well, we can soon see for ourselves whether she is ill!" + +They began to go the rounds of the prison. That was soon done with, but +in the first room of the Infirmary, Werner began a formal examination +of the patients. + +Sendlingen went up to him. "Finish that tomorrow," he said sharply, in +an undertone. "You are my successor, not my supervisor." + +Werner almost doubled up. "Excuse me--" he muttered in the greatest +embarrassment. "You are right,--but I did not dream of offending +you--you whom I honour so highly. Let us go." + +They went through the remainder of the rooms without stopping, until +they came to the separate cells for female patients. Here, only two +female warders kept guard. Werner looked through the list of the +patients' names. "Why, Victorine Lippert is here," he said. "Actually +in a separate cell. My Lord Chief Justice," he continued in an +almost beseeching tone of voice, turning to Sendlingen, "this one case +I should like at once to--I beg--it really consumes me with +indignation--otherwise I must come over this afternoon." + +Sendlingen had turned away. "As you wish," he then muttered, and they +entered her cell. + +Victorine had just sat down at her table and was reading the Bible. She +looked up, a crimson flush overspread her face, trembling with a glad +excitement she rose--the pardon must at length have arrived from +Vienna, and the Judges were coming to announce it. + +The danger increased Sendlingen's strength. He had not been able to +endure Dernegg's words of praise, but now that the questioning look of +his child rested on him, now that his heart threatened to stand still +from compassion and from terror of what the next moment might bring +forth, not a muscle of his face moved. + +Perhaps it decisively affected his and Victorine's fate, that this +unspeakable torture only lasted a few moments. "There we are!" Werner +broke forth. "Rosy and healthy and out of bed. A nice sort of illness. +But this shall be put a stop to to-day." + +With a low cry, her face turning white, Victorine staggered back. +Werner did not hear her, he had already left the cell, the other two +followed him. "It was on account of your request that I was so brief," +said Werner in the corridor turning to Sendlingen. "Besides one glance +is sufficient! Tell me yourself, my Lord, does she look as if she were +ill?" + +"You must take the Doctor's opinion about that," said Dernegg. + +"That would be superfluous," said Sendlingen, his voice scarcely +trembling. "The sentence of death is confirmed; she must be executed in +a few days; the 25th February at the latest, as the sentence reached +here on the seventeenth. I can only share your view," he continued +turning to Werner, "she really looks healthy enough to be removed into +the common prison. But what would be the good? We have not got any +special 'black hole' in which condemned criminals spend the day before +their execution, and one of these cells in the Infirmary is always used +for the purpose." + +"You are right as usual," Werner warmly agreed. + +"She can remain in the cell for the two days: that will be the most +practical thing to do. On the twenty-third, I will announce the +sentence, on the twenty-fourth, the execution can take place." + +Sendlingen gave a deep sigh. "We have finished with the prisons now," +he said, "let us go back to Chambers. Allow me to show you the nearest +way." + +He beckoned to the Governor of the Prison to follow them. The +cells of the Infirmary were in a short corridor that opened into the +prison-yard. The Governor opened the door and they stepped out into the +yard. "I have a key to this door," said Sendlingen to Werner, "as well +as to that over there." He pointed to the little door in the wall which +separated the prison-yard from the front part of the building. "I will +hand both these keys over to you presently. My predecessor had this +door made, so as to convince himself, from time to time, that the +prison officials were doing their duty. But he forgot to tell me +about this, and so the keys have been rusting unused in my official +writing-table. I first heard of this accidentally a few months ago." + +"Certainly this means of access requires some consideration," observed +Dernegg. "An attempt at escape would meet with very slight obstacles +here. Anyone once in the Infirmary Corridor, would only need to break +through two weak doors, the one in the yard and this one in the wall, +and then get away scot free by the principal entrance which leads to +the offices and private residence of the Chief Justice!" + +"What an idea!" laughed Werner. "In the first place: how would the +fellow get out of the sick-room or out of his cell into the corridor of +the female patients? He would first have to break through two or three +doors. And if he should succeed in getting out into the yard, he would +perhaps never notice the door, it is so hidden away; and if, groping +about in the dark, he were to find it, he would not know where it led +to, or whether there might not be a sentry on the other side with a +loaded rifle. No, no, I think this arrangement is very ingenious, very +ingenious, gentlemen, and I purpose often to make use of it." + +Sendlingen took no part in this talk; he had altogether become very +taciturn and remained so, as they set to work again in Chambers. But +the evening had long set in, the illumination of the town had begun, +and the lights were burning in the windows of the room where they were +working, before they had completed all the formalities. When all was +finished, Sendlingen handed his successor the keys of which he had +spoken. + +Franz was waiting outside with a carriage from the hotel. It was a +nasty night; an icy wind was driving the snow-flakes before it. +Notwithstanding Sendlingen wanted to proceed on foot. "My forehead +burns," he complained. But Franz urged: "I have brought it on account +of the crowds of people about. If we are recognised, we should never +get along or escape from the cheering." So Sendlingen got in. + +This precaution proved to be well-founded. In spite of the stormy +weather, the streets were densely packed with people slowly streaming +hither and thither, and admiring the unwonted spectacle of the +illuminations. The carriage could only proceed at a walking pace: +Sendlingen buried himself deeper in its cushions so as not to be +recognised. + +"The good people!" said old Franz who was sitting opposite him. "I have +always known who it was I was serving, but how much we are loved and +honoured in this town, was not manifest till to-night. But we are not +looking at the illuminations, they are very beautiful." + +"And who is it they are there for!" cried Sendlingen burying his face +in his hands. + +The carriage which had been going slower and slower, was now obliged to +stop; it had come to the beginning of Cross Street which since the +morning bore the superscription: "Sendlingen Street!" The inhabitants +of this street in order to show themselves worthy of the honour, had +illuminated more lavishly than anyone else, and as the Hofmann Hotel +was situated here, the crowd had formed into such a dense mass at this +point, that a passage through it was not to be thought of. Sendlingen +had to quit the carriage and, half deafened with the cheers, he hurried +through the ranks and breathed again when he reached the shelter of the +hotel. + +There Berger, who had been impatiently awaiting him, met him. "Now +quick into your dress clothes," he cried, "in ten minutes the +procession will be here." Sendlingen had hardly finished dressing, when +the sound of music and the shouts of the crowd, announced the approach +of the procession. He was obliged to yield to his friend's pressure and +go out on the balcony. There was a red glimmer from the direction of +the river, and like a giant fire-serpent, the procession wound its way +through the crowd. It stopped before the hotel, the torch-bearers +formed themselves in line in the broad street. Unceasingly, endlessly, +like the roar of wild waves, resounded the cheers. + +Berger's eyes sparkled. "This is a moment which few men live to see," +he said. "Know this, and be glad of it! He who has won such love is, in +spite of anything that could happen, one of the favoured of this +earth!" + +Then they drove to the banquet at the town-hall. The large room was +full to overflowing, and all agreed that this was the most brilliant +assembly that had ever been gathered together within its walls, "But he +deserves it," all said. "What has this man not suffered in the last +few weeks through his fidelity to conviction! One can see it in his +face--this agitation has broken his strength for years!" People +therefore did not take it ill that his replies to the two toasts, "Our +last honorary citizen" proposed by the Mayor, and the "Rock of Justice" +proposed by the chairman of the committee, were very briefly put. He +thanked them for the unmerited honour that had been done him, assured +them that he would never forget their kindness, and, to be brief, made +only the most commonplace remarks, without fulfilling either by his +style or his thoughts, the expectation with which this speech had been +looked forward to. Nevertheless, after he had finished, he was greeted +with wild cheering, and the same thundering applause followed him as he +left the hall towards eleven o'clock. + +Berger and Dernegg accompanied him to the hotel, then to the station. +The first bell had already rung when they got there; so their farewell +had to be brief. Silently, with moistened eyes, Sendlingen embraced his +friend before he got into the train; Franz took his place in a +second-class compartment of the same carriage. Both waved from the +windows after the train had moved off and was gliding away, swifter and +swifter, into the stormy night. + + * * * * * + +Next morning about nine o'clock, when Berger had just sat down at his +writing-table, there was a violent knock at his door and a clerk of the +Law Courts rushed in. "Dr. Berger!" he cried, breathlessly, "Herr von +Werner urgently begs you to go to him at once. Victorine Lippert has +escaped from the prison in the night." + +Berger turned deadly pale. "Escaped?" + +"Or been taken out!" continued the clerk. "Herr von Werner hopes you +may be able to give some hint as to who could have interested +themselves in the person." + +"Very well," muttered Berger. "I know little enough about the matter, +but I will come at once." + +The clerk departed; Berger sat at his table a long time, staring before +him, his head heavily sunk on his breast. "Unhappy wretch!" he thought. +"Now I understand all!" + +Now he understood all: why Sendlingen had hesitated so long in taking +the journey to Vienna, why he had taken Franz and Brigitta into his +confidence, why he had spent the last two days at the hotel where he +and his servant could make all preparations undisturbed, and why he had +chosen the mail train which stopped at every station. The next station +to Bolosch was not distant more than half an hour's drive by sleigh. +"They must both have left the train there," he thought, "and hurried +back in a sleigh that was waiting for them, then released Victorine and +hastened away with her, perhaps to the first station where the express +stops, perhaps in the opposite direction towards Pfalicz. At this +moment, very likely, she is journeying under Franz's protection to some +foreign country where Brigitta awaits her, somewhere in France, or +England, or Italy, while he is hurrying to Vienna, so as not to miss +his appointment with the Minister of Justice!" + +"Monstrous!" he groaned. And surely, the world had never before seen +such a thing: such a crime committed by such a man, and on the very day +when his fellow-citizens had done honour to him as the "Rock of +Justice!" And such he would be for all time, in the eyes of all the +world; it was not to be supposed that the very faintest suspicion would +turn against him: he would go to Pfalicz and there continue to judge +the crimes of others. The honest lawyer boiled over, he could no longer +sit still but began to pace up and down excitedly. Bitter, grievous +indignation filled his heart; the most sacred thing on earth had been +sullied, Justice, and by a man whom of all men he had loved and +honoured. + +And then this same love stirred in his heart again. He thought of last +night, of the moment when he had stood by his friend, while the +thousands surged below making the air ring with their cheers. Pity +incontinently possessed his soul again. "What the poor wretch must have +suffered at this moment!" he thought. "It is a marvel that he did not +go mad. And what he must have suffered on his journey to Vienna, and +long weeks before, when the resolve first took shape in him!" + +He bowed his head. "Judge not, that ye be not judged," cried a voice of +admonition within him. His bitterness disappeared, and deep sorrow +alone filled his heart: sin had bred other sins, crime, another crime +and fresh remorse and despair. How to judge this deed, what was there +to be said in condemnation, what in vindication of it: that deed of +which he had once dreamed, it certainly was not; it was no great, +liberating solution of these complications, but only an end of them, a +hideous end! Certainly Victorine might have now suffered enough to have +been granted freedom, and the opportunity of new life, and no less +certainly would Sendlingen, honourable and loving justice in the +extreme, carry in his conscience through life, the punishment for his +crime--but Justice had been outraged, and this sacred thing would never +receive the expiation that was its due. "A wrong should not be expiated +by a crime!" Sendlingen had once said to him--but now he had done it +himself. "Re-assure yourself," he had once exclaimed at a later date, +"outraged Justice shall receive the expiation that is its due!" This +would not, could not be--never--never! + +Berger roused himself and went forth on his bitter errand. When he +reached the Courts of Justice, old Hoche, who had entered on his +retirement some weeks ago, was just coming out. Berger was going to +pass him with a brief salutation, but the old gentleman button-holed +him. + +"What do you say to this?" he cried. "Monstrous, isn't it? I am +heartily glad that the misfortune has not befallen Sendlingen! But do +not imagine that I wish it to Herr von Werner. On the contrary, I have +just given him a piece of advice--ha! ha! ha!--that should relieve him +of his perplexity. You cross-examine Dr. Berger sharply, I said to him; +that is the safest way of getting to know the secret of who took her +out. For the way Dr. Berger interested himself in this person, is not +to be described. Me, a Judge, he called a murderer for her sake, upon +my word, a murderer. Ha! ha! ha! there you have it." + +Berger had turned pale. "This is not a subject of jest," he said, +angrily. + +"Oh, my dear Dr. Berger!" replied the old man soothingly, "I have only +advised Herr von Werner--and naturally without the slightest suspicion +against you--to formally examine you on oath as a witness. For anyone +connected with the prisoner is likely to know best. And besides: a +record of evidence can never do any harm--_ut aliquid fecisse +videatur_, you know. They will see in Vienna that Werner has taken a +lot of trouble. Well, good-bye, my dear doctor, good-bye." + +He went. Berger strode up the steps. His face was troubled and a sudden +terror shook his limbs. He had never thought of that. Supposing he +should now be examined on oath? Could he then say: 'I have no suspicion +who could have helped her?' Could he be guilty of perjury to save them +both? "May God help them then," he hissed, "for I cannot." + +He entered the corridor that led to the Chief Justice's Chambers. The +examination of the prison officials had just been concluded, but a few +warders were standing about and attentively listening to the crafty +Höbinger's explanation of this extraordinary case. "Favouritism!" +Berger heard him say as he went by, "her lover, the young Count, has +got her out." The two female warders of the Infirmary cells were there +too, sobbing. + +Berger entered the Chief Justice's Chambers. Baron Dernegg and the +Governor of the prison were with Werner. At a side-table sat a clerk; a +crucifix and two unlighted candles were beside him. "At last!" +cried Werner. "I begged you so particularly to come at once. There is +not a moment to be lost. Light the candles!" he called to the clerk. + +"But that may be quite useless," cried Dernegg. "Do you know anything +about the matter?" he then asked Berger. + +"No!" The sound came hoarsely, almost unintelligibly, from his stifled +breast. + +Werner stood irresolute. "But Dr. Berger was her Counsel," he said, +"and the authorities in Vienna----" + +"Must see that you have taken trouble," supplemented Dernegg. "They +will hardly see this from documents with nothing in them. We have more +important things to do now: the escape was discovered three hours ago, +and the description of her appearance has not yet been drawn up and +telegraphed to Vienna and the frontier stations." + +Werner still looked irresolutely at the lighted candles for a few +seconds: to Berger they seemed an eternity of bitter anguish such as +his conscience had never endured before. "Put out the candles! Come, +the description of her appearance!" He seized the papers relating to +the trial. "Please help me!" he said turning to Dernegg. "My head is +swimming! O God! that I should have lived to see this day!" + +While the clerks were writing at the dictation of the two judges, +Berger turned to the Governor and asked him how the escape had been +effected. + +"It is like magic!" he replied. "When one of the female warders was +taking her breakfast to her this morning, she found the door merely +latched and the cell empty. The lock must have been opened from the +inside. Her course can be plainly traced: she escaped through the yard; +the locks of all the doors have been forced from inside by a file used +by someone with great strength. This is the first riddle. Such a thing +could hardly be done by the hand of the strongest man; it is quite +impossible that Victorine Lippert had sufficient strength! The doctor +vouches for it, and for the matter of that you knew her yourself, Dr. +Berger." + +Berger shrugged his shoulders and the Governor continued: "You see the +theory of external assistance forces itself imperatively upon us, and +yet it is not tenable. The help cannot have come from outside, as all +the locks were forced on the inside. And in the prison she can likewise +have received no assistance. There is not one of the warders capable of +such a crime, besides there is only one door between the general prison +and the corridor of the female patients, and that was locked and +remained locked. Since any external help is not to be thought of, we +are obliged, difficult as it is, to credit Victorine Lippert with +sufficient strength. But there we are confronted with the second +riddle: how did she come by the file? And in the face of such +incomprehensibilities, it is a small thing that she should also have +been aware of an exit that is known to few!" + +"Mysterious in every way!" said Berger. "Most extraordinary!" To him +the rationale of the thing was plain enough: Master and servant had by +means of the official keys or of duplicates which they had had made, +penetrated the prison, and on their return had filed the locks. By this +ruse, all suspicion of external help would be removed, and at the same +time, as far as Sendlingen could do so, it would be averted from the +prison officials. + +Meanwhile the two Judges had drawn up the description of the fugitive's +appearance, and Dernegg renewed his advice to telegraph it abroad at +once. Werner objected that this was "a new method" that he would not +agree to. "Everything according to rule!" he said. "We will publish the +description in the official paper, distribute it among the police, and +send a copy to Vienna. It is inconceivable that the person has got out +of the country; where would she get the money from? We will therefore +not telegraph, and that is enough!" + +But after the old man had roused himself to this judgment of Solomon, +his self-control deserted him altogether. "What a calamity!" he moaned. +"What a beginning to my life as Chief Justice! But I am innocent! Alas! +I shall, none the less, receive a reprimand from the Minister which I +shall carry about me all my life, unless Sendlingen saves me. But my +friend Sendlingen, that best of colleagues, will speak for me and save +me. Excuse me, gentlemen--but I shall have no peace, until I have +written and asked for his help!" + +He sat down to his writing-table, the others took their leave. + +The next morning Berger received a letter from Vienna, the handwriting +of the address was known to him and, with trembling hands, he opened +the envelope. This was the letter. + +"I know that you cannot forgive me and I do not ask you to do so. One +favour only do I implore: do not give up hope that the time will one +day come when I shall again be worthy of your regard. The first step to +this I took yesterday: I have left the service of the State for ever, +and I do not doubt that I shall have courage to take the second step, +the step that will resolve all; when God will grant me the grace to do +this, I know not. Pray with me that I may not have too long to wait. + + "Farewell, George, farewell for ever! + + "Victor." + +Berger stared for a long while at these lines, his lips trembled--he +was very sore at heart. + +Then he drew a candle towards him, lit it, and held the letter in its +flame until it had turned to ashes. + +"Farewell, thou best and purest of men," he whispered to himself, and a +sudden tear ran down his cheek. + + + + + CHAPTER XIV. + + +Three years had passed, it was the summer of 1856. Bright and hot, the +June sun shone upon the Valley of the Rhine ripening the vineyards that +hung upon its rocky declivities. The boat steaming down the Valley from +Mayence to the holy city of Cologne, had its sheltering awning +carefully stretched over the deck, and all went merrily on board, +merrily as ever. More beautiful landscapes there may be in the +world, but none that make the heart more glad. And so thought two +grave-looking men who had come aboard at Mayence that morning. They had +come from Austria, and were going to London; they did not want to miss +the opportunity of seeing the beautiful river, but at the beginning of +the journey they made but a poor use of the favourable day. They sat +there oppressed and scarcely looking up, consulting together about the +weighty business that lay on their shoulders. But an hour later, when +they got into Nassau, they yielded to the charm of the scenery, and as +they glided by Rüdesheim, they began to consider whether, after all, +the Rhine was not the proper place to drink Rhine-wine, and when they +passed the Castle called the Pfalz at Caub, they first saw this +venerable building through their spectacles, and then through the +green-gold light of the brimming glasses they were holding to their +eyes. + +These two men were Dr. George Berger of Bolosch and a fellow barrister +from Vienna. They had a difficult task to perform in London. One of the +largest iron-foundries in Austria, that at Bolosch, had got into +difficulties, and an attempt to stave off bankruptcy had failed, less +from the action of the creditors, than from the miserable red-tapism of +the Chief Justice of Bolosch, Herr von Werner. The foundry, which +employed thousands of men, would be utterly ruined if it did not +succeed in obtaining foreign capital. With this object, these two +representatives of the firm were making their way to England. + +On the Rhine, everybody forgets their cares and this was their +good-fortune too. And so greatly had the lovely river, which both now +saw for the first time, taken possession of their hearts, that they +could not part company with it even at Cologne, where most people went +ashore. They resolved to continue the journey by the river as far as +Arnhem, and they paced up and down the now empty deck cheerfully +talking in the cool of the evening. No mountains, no castles, were any +longer reflected in the stream, but the look of its shores was still +pleasant, and when they saw the light of dying day spread its rosy net +over the broad and swiftly flowing waters, they did not repent their +resolve, and extolled the day that had ended as beautiful as it had +begun. + +The shades of evening fell, the banks of the river grew more and more +flat and bare, factories became more and more plentiful, and behind +Dusseldorf, they saw the red glare of countless blast-furnaces, +brightly glowing in the dark. + +This sight reminded them of their task. + +"Who knows," sighed Berger's friend Dr. Moldenhauer, "how soon these +fires at home may not be extinguished! And why? Because of the +narrow-mindedness of one single man. Nothing in my life ever roused my +indignation more than our dealings with your Chief Justice! What +pedantry! what shortsightedness! Now his predecessor, Baron Sendlingen, +was a different sort of man!" + +Berger sighed deeply. "That he was!" he replied. + +"The Werners stay, the Sendlingens go," continued Dr. Moldenhauer. "And +they are allowed to go cheerfully, nay, even forced to go! At least it +was generally said that, when Baron Sendlingen suddenly retired a few +years ago, it was not on account of heart-disease, as officially +reported, but because he had had a difference with the Minister of +Justice. The regret at this was so great that His Excellency had to +hear many a reproach." + +"Perhaps unjustly for once," said Berger, heavy at heart. + +"I don't think so," cried Moldenhauer. "Sendlingen certainly went away +in deep dudgeon, otherwise he would not have renounced his pension and +then left Austria for ever. Even his brother-in-law, Count Karolberg, +does not know where he has gone. You were very intimate with him, do +you know?" + +"No!" + +"Count Karolberg thinks he may have died suddenly in some of his +travels abroad." + +"That too is possible," answered Berger shortly; he was anxious to drop +the subject. + +But Moldenhauer stuck to his theme. "What a thousand pities it is!" he +continued. "How great a lawyer he was, his last work, 'On +Responsibility and Punishment in Child-murder,' which appeared +anonymously some three years ago, most clearly shows--You know the book +of course." + +"Yes," said Berger, "but I doubt whether it is by Sendlingen." This was +an untruth, he had never doubted it. + +"It is attributed to other writers as well," replied Dr. Moldenhauer, +"but his brother-in-law is convinced that it is by him. He says he +recognised the style and also some of the thoughts, which Sendlingen +explained to him in conversation. Whoever the author may be, he need +not have concealed his identity. The work is the finest ever written on +this subject and has made a great sensation. It is chiefly owing to its +influence, that our new penal code so definitely emphasizes the +question of unsoundness of mind in such crimes, and has so materially +lessened the punishment for them." + +He talked for a long time of the excellencies of the work, but Berger +hardly heard him, and was silent and absent-minded for the rest of the +evening. When Moldenhauer retired to his cabin for the night, Berger +still remained on deck; he was fascinated, he said, by this wondrous +spectacle of the night. + +And indeed the aspect of the scene was strange enough and not without +its charm. The moon-light lay in a faint glimmer on the stream that +here, having almost poured forth its endless waters, was slowly flowing +with a gentle murmur towards its grave, the vast sandy plain of the +sea. On the level shores, the dim light showed the distant, dusky +outlines of solitary high houses and windmills, and then again came +blast-furnaces, smoking and flaming, denser and denser was the forest +of them the further the boat glided on, and, here and there, where one +stood close to the shore, it threw its blood-red reflex far on to the +waters reaching almost to the boat, so that its lurid light and the +faint lustre of the celestial luminary, seemed to be struggling for the +mastery of it. + +The lonely passenger on the deck kept his eyes riveted on the scene, +but his thoughts were far away. His recent conversation had powerfully +stirred up the memory of his unhappy friend. + +Since that last letter he had received no line, no sign or token of any +sort from him. Why? he asked himself. From mistrust? Impossible. From +caution? That would be exaggerated; the writing on the envelope would +not betray to any meddlesome person in what corner of the earth he had +buried himself with his child. Besides he had no need to be +apprehensive of any inquiry; no one knew of his child, Victorine +Lippert's escape from prison had never been cleared up, the +investigation had soon after been discontinued without result. The +Governor of the Prison had been reprimanded for want of care in +searching the cell, the little door in the wall had been bricked up, so +that Herr von Werner had never been able to make use of the arrangement +which he had thought so "ingenious"--those were the only consequences. +Among the prison officials as among the lower classes, the opinion was +sometimes expressed that it was Count Riesner-Graskowitz who had +liberated his sweetheart, but this was not believed in higher circles; +against Sendlingen, however, there was never the slightest breath of +suspicion. Sendlingen himself must know this well enough, otherwise he +would not have dared to let his book appear, that curious work in which +every reader might perceive beneath the stiff, solid legal terminology, +the beatings of a deeply-moved heart. He had not put his name to it, +but he must have known that his name would rise to the lips of anyone +who had carefully read his earlier writings. + +If he had not feared this, he might well have ventured upon a letter. +If he was none the less silent, it must be because he preferred to be +silent. Had he, perhaps, thought Berger, not had the courage to take +that second step, had he perhaps renounced the intention and was now +ashamed to confess it? That would be superfluous anxiety indeed. Is +there a man in the wide world, who would have the heart to blame him +for this? + +Or was he silent because he could speak no more? The thought had never +entered his head before; now in this lonely hour of night it +overmastered him. Of course, his brother-in-law was right, he had died +a sudden death and now slept his last sleep somewhere in a strange land +and under a strange name. And if that were so, would it be cause for +complaint? Would not Death have been a deliverer here? + +Softly murmuring, the waters of the river glided on, not a sound came +from its banks; in deep and solemn stillness, night lay upon the land +and waters. The solitary figure on deck alone could find no rest, and +the early dawn was trembling in the East over the distant hills of +Guelderland, ere he at length went in search of sleep. + +He had scarcely rested a couple of hours when the steward knocked at +his cabin-door--the passengers were to come on deck, the boat was +approaching Lobith, on the Dutch frontier, where the luggage had to be +examined. + +The two travellers answered to the call. The steamer was already +nearing the shore by the landing stage of the village of which the +custom-house seemed the only inhabitable building. The Dutch Customs +officers in their curious uniforms came on deck. + +The were speedily finished with the luggage of the two lawyers, as also +with that of the few other passengers. On the other hand four mighty +trunks, which the Captain had with him, gave them much trouble. They +were full throughout of things liable to duty: new clothes, linen, lace +and articles of luxury. They required troublesome measuring, weighing +and calculation. Half an hour had passed, and scarcely the half had +been gone through. + +"We shall miss the train at Arnhem," said Berger turning impatiently to +the Captain. "We must be in London to-morrow, you are responsible for +the delay." + +"I shall make up the time by putting on steam," he reassuringly said in +his broad Cologne dialect. "Excuse me, Sir, but I did not imagine that +women's finery would take up so much time." + +"You are getting a trousseau for a daughter, I suppose." + +"God forbid! Thank Heaven, I am unmarried. I have, out of pure +goodnature, brought these things for someone else from Cologne and +undertaken to pay the duty for him. It is the most convenient thing to +him, though certainly not to me. But what would one not do for a +compatriot. He is a Herr von Tessenau." + +"Tessenau?" The name seemed familiar to Berger, but he could not +remember where he had heard or read it. + +"Yes, that is his name," said the captain. "He comes from Bavaria, and +is said to have been in the diplomatic service. He is now living with +his daughter at Oosterdaal House near Huissen, the station before +Arnhem. I know both of them well, they sometimes use my boat for the +journey to Arnhem, and as they are such nice people, I could not refuse +them this service. The wedding, which is to take place the day after +to-morrow, would otherwise have had to be postponed--ask women and +lovers." + +"So Fräulein von Tessenau is the happy bride?" + +"The daughter of the old gentleman, yes--but she is a 'Frau,' a young +widow. Her name is von Tessenau, because she was married to a cousin. +It seems that she lost her husband after a brief married life, for she +is still very young, scarcely twenty-two. A beautiful, gentle lady and +still looks quite girlish. But I must hurry up these easy-going +Mynheers." + +He turned to the Customs officers and paid them the required duty. They +left the steamer which now began to proceed at a much greater speed. + +Notwithstanding this, Moldenhauer was pacing up and down excitedly, now +and then consulting timetables and pulling out his watch every five +minutes. It was another cause that robbed Berger of calm. "If it should +be they?" The thought returned to him however often he might say: +"Nonsense! an old father and a young daughter--the conjunction is +common enough--and I know nothing else about them. That I must often +have heard the name Tessenau tells rather against the supposition--for +Sendlingen would hardly have chosen the name of some Austrian family +for his pseudonym!" + +Still his indefinite presentiment gave him no rest, and he at length +went up to the captain! "I once," he began, "knew a family of von +Tessenau, and would be very pleased if I were perhaps unexpectedly to +come across them here. The old gentleman, you say, comes from Bavaria?" + +"Yes, you must certainly be a countryman of his?" + +"No. I am an Austrian." + +"Then the two dialects must be very much alike for you speak just like +him. That he comes from Bavaria I know for certain. Herr Willem van der +Weyden told me so quite recently, and he must surely know, as he is to +become his son-in-law." + +"Who is the bridegroom?" + +"A capital fellow," replied the captain. "A man of magnificent +build--no longer young, somewhere in the forties I should say, but +stately, brave and capable--all who know him, praise him. He holds a +high position in Batavia, he is manager of the Java Mines. Some ten +months ago he came back to Europe, after a long absence, on a year's +furlough: to find a wife, people say. None seemed to please him +however. Then he came to Arnhem where his brother is settled, and in an +excursion in the country about, he accidentally got to know the young +Frau von Tessenau at Oosterdaal House, and fell in love with her. There +seemed at first to be great obstacles in the way; at all events he was +always very melancholy when he rode on my boat from Arnhem to Huissen. +Well one day he was very happy, the betrothal was solemnized, and now +the wedding is to come off. Yes," added the Captain pleasantly, "when +one is everlastingly taking the same journey, one gets to know people +by degrees and kills time by sharing their joys and sorrows." + +"And is Herr van der Weyden going back to Java again?" + +"Yes, in a month from now, when his furlough will be up. He is +naturally going to take his young wife with him, and the old gentleman +is going to join them too. He has no other relations. The father and +daughter lived hitherto in great retirement with an old house-keeper +and an equally old man-servant. But if you are interested in the +family, come and look over when we get to Huissen. The old man-servant +at least, will be at the landing-stage to receive the trunks, and +perhaps Herr von Tessenau himself." + +"Do you know what the man-servant is called?" Berger's voice trembled +at this question. + +"Franz is his name." + +The captain did not notice how pale Berger had become, how hastily he +turned away. "No more room for doubt," he thought. But the doubt did +rise again. That some details agreed, might only be a coincidence, and +the name of the man-servant--such a common name--was not sufficient +proof. Besides how much was against the supposition! It was +inconceivable that Sendlingen should have deceived his future +son-in-law and passed off Victorine as a widow! "It would be outrageous +to impute such a thing to him!" he thought. + +With growing impatience, he looked out for the landing-stage, the +steamboat had long since left the river and was steaming along the +narrow Pannerden Canal. The monotonous, fruitful, thoroughly Dutch +landscape extended far and wide; rich meadows on which cattle were +pasturing; narrow canals, on which heavily laden boats drawn by horses +on the banks, slowly made their way; on the horizon a few windmills +lazily turned by their large sails. At length a few large, villa-like +buildings came in sight. + +"That is Huissen," said the Captain. "We will see who is at the +landing-stage." He produced a telescope. "Right, there is the +man-servant," he said, handing Berger the telescope. "See if you know +the man." + +Berger only held the glass to his eye for a second and then handed it +back to the Captain. + +"No," he said, "I don't know him, it must be another family of von +Tessenau." + +He went down to the cabin and stayed there, till the boat had got well +beyond the landing-stage. + +It had been Franz. + +Berger had to stay in London a week before his task was done. He left +the completion of the agreement to his colleague, and began his journey +home. At first he intended to go by Dover and Calais. But at the +station in London he was overcome by his feelings; he could not let his +friend depart forever without seeing him again. He went back by +Holland, and the next day was in Arnhem. + +Not until he was in the carriage which he had hired to take him to +Oosterdaal, was he visited by scruples, the same sort of feeling which +a week before had kept him from remaining on the deck of the steamer. +Was it not indelicate and selfish to gratify his own longing at the +price of deeply and painfully stirring up his friend's heart? +Sendlingen did not wish to see him again, otherwise he would have +written and told him of his whereabouts. And what would he not feel if +he was so suddenly reminded of the fatality of his life, if his wounds +were suddenly torn open again just as they were beginning to heal? And +when Berger thought of Victorine, he altogether lost courage to +continue the journey. Unfriendly,--nay it would be cruel, inhuman, to +remind the newly-married girl of the misery of the past, and to plunge +her in fatal embarrassment. + +The roof of the house was already visible in the distance above the +tops of the trees, when these reflections overmastered Berger. "Stop, +back to Arnhem!" he ordered the driver. + +But that could not be done at once; the horses would have to be fed +first, explained the driver. The carriage proceeded still nearer the +house, and stopped at a little friendly-looking inn opposite the +entrance to the avenue of poplars which led up to the door. While the +driver drove into the yard, the landlady suggested to Berger to take +the refreshment he had ordered in front of the house. This, however, he +declined and entered the inn-parlour. His remorse increased every +minute, and he feared to be seen, if by chance one of the occupants of +the house went by. + +Sighing deeply, he looked out of the window at the driver leisurely +unharnessing his horses. The landlady, a young, plump, little woman, +tried to console him by telling him he would not have to wait more than +an hour. She spoke in broken German; she had been maid to the young +German lady up at the house, she said, and had learnt the language +there. They were kind, good people at Oosterdaal, the driver had told +her that the gentleman was going to have driven there, why had he given +up the idea? They would certainly be very glad to see a countryman +again, even if he were only a slight acquaintance. No German had ever +come to see them, not even at the wedding. The festivities had +altogether been very quiet, but very nice. Had the gentry no relations +in Germany then? + +"How can I tell you," replied Berger impatiently. "I don't know them." + +"Indeed?" she asked astonished. "Then I suppose you have come to buy the +house?" Several people had been with that intention, she added, but +Herr von Tessenau had already made it over to his son-in-law, and he to +his brother, Herr Jan van der Weyden. In a fortnight they were all +going to Batavia. The Housekeeper, Fräulein Brigitta, too, and the old +German man-servant. "But won't you go up to the house after all?" she +asked again. Before he could answer, however, she cried out: "There +they come!" and flew to the window. + +A carriage went by at a leisurely trot. "Do come here," cried the +landlady. Berger had retired deeper into the room, but he could still +plainly see his friend. Sendlingen was looking fresher and stronger +than when he saw him last; but his hair had the silver-white hue of old +age, although he could hardly have reached the middle of the fifties. +But in the young, blooming, happy woman at his side, Berger would +scarcely have recognized his once unfortunate client, if he had met her +under other circumstances. She was just laughingly bending forward +and straightening the tie of her husband opposite her. The stately, +fair-haired man smilingly submitted to the operation. + +"How happy they are!" cried the landlady. "But they deserve it. Why the +carriage is stopping," she cried, bending out of the window. "What an +honour, they are going to come in." + +Berger turned pale. But in the next instant he breathed again: the +carriage drove on. "Oh, no!" cried the landlady, "only Franz has got +down! Good day!" she cried to the old man as he went by. "A glass of +wine!" + +"No," answered Franz. "I am only to tell you to come up to the house. +But for the matter of that as I _am_ here----" + +Then Berger heard his footsteps approaching on the floor outside; the +door was opened. "Well, a glass of----" he began, but the words died on +his lips. Pale as death, he started back and stared at Berger as if he +had seen a ghost. + +"It is I, Franz," said Berger, himself very pale. "Don't be afraid--I +only want----" + +"You have come to warn us?" he exclaimed, trembling all over as he +approached Berger. "It is all discovered, is it not?" + +"No!" replied Berger. "Why, what is there to discover?" + +He made a sign to draw Franz's attention to the landlady, who was +inquisitively drinking in the scene. + +"I am glad to see you," he said meaningly. "I am going to continue my +journey at once." + +"Excuse me, Marie," said Franz, turning to her, "but I have something +to say to this gentleman. He is an old acquaintance." + +"After all!" she cried, and left the room shaking her head. + +"She will listen," whispered Berger. "Come here, Franz, and sit beside +me." + +"Oh, how terrified I am," he replied in the same whisper. "So people +suspect nothing? It would have been frightful if misfortune had come +now, now, when everything is going so well. Certainly my fears were +foolish; how should it be found out? We had arranged everything with +such care: even the duplicate keys were not made at Bolosch, but at +Dresden, where Brigitta was waiting for us." + +"Enough!" said Berger, checking him. "I don't wish to know anything +about it. How has Baron Sendlingen been since?" + +"Bad enough at first!" replied Franz. "We did not eat, nor sleep, and +we fell into a worse decline than at Bolosch--but it was perhaps less +from the fear of discovery than from remorse. And yet we had only done, +what had to be done--isn't that so, Dr. Berger?" + +Berger looked on the ground and was silent. Old Franz sighed deeply. +"If even you--" he began, but he interrupted himself and continued his +story. "Gradually we became calmer again. Fear vanished though remorse +remained, but for this too there was a salve in seeing how the poor +child blossomed again. Then we began to write a book. It deals with the +punishment of--h'm. Dr. Berger----" + +"I know the work," said Berger. + +"Indeed? We did not put our name to it. Well, while we were working at +the book, we forgot our own sorrow, and later on, after the work had +appeared and all the newspapers were saying that it would have great +influence, there were moments when we seemed happy again. Then came +this business with the Dutchman, and we got as sad and despairing as +ever. But we took courage and told the man everything; our real name, +and that we were only called von Tessenau here----" + +"How did he come by this name?" asked Berger. "It sounds so familiar to +me." + +"Probably because it is one of the many titles of the family. Tessenau +was the name of an estate in Carinthia, which once belonged to the +family. We were obliged to choose this name, because on settling here +it was necessary to prove our identity to the police. Well, we +confessed this to Herr Willem and also what the young lady's plight +was----" + +Berger gave a sigh of relief. + +"We said to him: she is not called von Tessenau because she was married +to a cousin, but because we adopted the name here with the proper +formalities. She was never married, she was betrayed by a scoundrel. +That we said no more, nothing of the deed that brought her to prison, +nothing of the way she was released--that, Dr. Berger, is surely +excusable." + +"Of course!" assented Berger. "And Herr van der Weyden?" + +"Acted bravely and magnanimously, because he is a brave and magnanimous +man, God bless him! He made her happy, her and himself. And now at +length we got peace of heart once more. We are going to Batavia. May it +continue as heretofore!" + +"Amen!" said Berger deeply moved. "Farewell, Franz." + +"You are not going up to the house?" + +"No. Don't tell him of my visit till you are on the sea. And say to him +that I will always think of him with love and respect. With _respect_, +Franz, do not forget that!" + +He shook hands with the old servant, got into his carriage, and drove +back to Arnhem. + + + + + CHAPTER XV. + + +Three weeks later, on a glowing hot August day, the Austrian Minister +of Justice sat in his office, conferring with one of his subordinates, +when an attendant brought him a card; the gentleman, he said, was +waiting in the ante-room and would not be denied admittance. + +"Sendlingen!" read the Minister. "This is a surprise; it has not been +known for years whether he was alive or dead. Excuse me," he said to +his companion, "but I cannot very well keep him waiting." + +The official departed, Sendlingen was shown in. He was very pale; the +expression of his features was gloomy, but resolved. + +The Minister rose and offered his hand with the friendliest smile. +"Welcome to Vienna," he cried. "I hope that you are completely +recovered, and are coming to me to offer your services to the State +once more." + +"No, your Excellency," replied Sendlingen. "Forgive me, if I cannot +take your hand. I will spare you having to regret it in the next +instant. For I do not come to offer you my services as Judge, but to +deliver myself into the hands of Justice. I am a criminal and desire to +undergo the punishment due to me." + +The Minister turned pale and drew back: "The man is mad," he thought. +The thought must have been legible in his face, for Sendlingen +continued: + +"Do not be afraid, I am in my senses. I have indeed abused my office in +a fashion so monstrous, that perhaps nothing like it has ever happened +before. I released from prison, by means of official keys, a condemned +woman, who was to have been executed the next day, and suggested, +furthered, and carried out her flight to a foreign country. Her name +was Victorine Lippert: the crime was done on the night of 21-22 +February, 1853." + +"I remember the case," muttered the Minister. "She escaped in the most +mysterious way. But you! Why should you have done this?" + +"A father saved his child: Victorine is my natural daughter." + +The Minister wiped the sweat from his forehead. "This is a frightful +business." He once more searchingly looked at his uncomfortable +visitor. "He certainly seems to be in his senses," he thought. + +"Allow me to tell you how every thing came about?" + +The Minister nodded and pointed to a chair. + +Sendlingen remained standing. He began to narrate. Clearly and quietly, +in a hollow, monotonous voice, he told of his relations with Herminie +Lippert, then how he had made the discovery in the lists of the +Criminal Court, and of his struggles whether he should preside at the +trial or not. + +"I had the strength to refuse," he continued. "My sense of duty +conquered. Sentence of death was pronounced. It was--and perhaps you +will believe me although you hear it at such a moment, from such a +man--it was a judicial murder, such as could have been decreed by a +Court of Justice alone. And therefore my first thought was: against +this wrong, wrong alone can help. I sought out the prison keys, and for +some hours was firmly resolved to release my daughter. But then my +sense of duty--perhaps more strictly speaking my egoism--conquered. For +I said to myself that I, constituted as I was, could not commit this +crime without some day making atonement for it. I knew quite well even +then, that an hour would come in my life, like the present, and I could +not find it in my heart to end as a criminal. But my conscience cried: +'Then your child will die!' and so suicide seemed to me the only thing +left. I was resolved to kill myself; whether I could not bring myself +to it at the last moment, whether a chance saved me--I do not know: +there is a veil cast over that hour that I have never since been able +to pierce. I survived, I saw my daughter, and recovered my clearness of +mind; the voice of nature had conquered. I now knew that it was highly +probable that there was no means that could save us both, that the +question was whether I should perish, or she, and I no longer doubted +that it must be I. I was resolved to liberate her, and then to expiate +my crime; but until extreme necessity compelled, I wanted to act +according to law and justice. That I did so, my conduct proves when the +Supreme Court ordered a fresh examination of the chief witness. +Everything depended upon that; I made over this inquiry also to +another--who assuredly did not bring the truth to light. The Supreme +Court confirmed the sentence of death; it was pronounced upon me, not +upon my child; that extreme necessity had now arrived, I now knew that +I must become a criminal, and only waited for the result of the +Counsel's petition for pardon, because the preparations for the act +required time, and because I first wanted to save some men unjustly +accused of political offences." + +"I remember, the workmen," said the Minister. He still seemed dazed, it +cost him an effort to follow the unhappy man's train of thought. "One +thing only I do not understand," he slowly said, passing his hand over +his forehead. "Why did you not discover yourself to me, or why did you +not appeal to the Emperor for pardon?" + +"For two reasons," replied Sendlingen. "I have all my life striven to +execute Justice without respect of persons. It was ever a tormenting +thought to me that the Aristocrat, the Plutocrat, often receives where +the law alone should decide, favours that would never fall to the lot +of the poor and humble. And therefore it was painful to me to lay claim +to such a favour for myself." + +"You are indeed a man of rare sense of justice," cried the Minister. +"And that such a fate should have, befallen you....." + +He paused. + +"Is tragic indeed," supplemented Sendlingen, his lips trembling. +"Certainly it is---- But I will not make, myself out better than I am; +there was another reason why I hesitated to appeal to the Emperor. What +would have been the result, your Excellency? Commutation to penal +servitude for life, or for twenty years. The mere announcement of this +punishment would have so profoundly affected this weakly, broken-down +girl, that she would scarcely have survived it, and if she had--a +complete pardon could not have been attained for ten, for eight, in the +most favourable case for five years, and she would not have lived to +see it. I was persuaded of that, quite firmly persuaded, still," his +voice became lower, "I too was only a human being. When I received the +confirmation of the death-sentence by the Emperor, cowardice and +selfishness got the better of me, I journeyed to Vienna--it was the +18th February." + +"The date of the attempt!" cried the Minister. "What a frightful +coincidence! Thus does fate sport with the children of men." + +"So I thought at first!" replied Sendlingen. "But then I saw that that +coincidence had not decided my fate: it was sealed from the first. By +my whole character and by all that had happened. In this sense there is +a Fate, in this sense what happens in the world _must_ happen, and my +fate is only a proof of what takes place in millions of cases. I +returned to Bolosch and liberated my daughter. How I succeeded, I am +prepared to tell my Judges so far as my own share in the act is +concerned. I had no accomplice among the prison officials. Your +Excellency will believe me, although I can only call to witness my own +word, the word of honour of a criminal!" + +"I believe you," said the Minister. "You took the girl abroad?" + +"Yes, and sought to make good my neglect. Fate was gracious to me, my +daughter is cared for. And I may now do that which I was from the first +resolved to do, although I did not know when the day would be +vouchsafed me to dare it--I may present myself to you, the supreme +guardian of Justice in this land, and say: 'Deliver me to my Judges!'" + +Sendlingen was silent; the Minister, too, at first could find no words. +White as a ghost, he paced up and down the room. "But there can be no +question of such a thing!" he cried at length. "For thousands of +reasons! We are not barbarians!" + +"It can be and must be! I claim my right!" + +"But just consider!" cried the Minister, wringing his hands. "It would +be the most fearful blow that the dignity of Justice could receive. A +former Chief-Justice as a criminal in the dock! A man like you! Besides +you deserve no punishment! When I consider what you have suffered, how +all this has come about--good God, I should be a monster if I were not +moved, if I did not say: if this man were perhaps really a criminal, he +has already atoned for it a thousand times over." + +"Then you refuse me justice?" + +"It would be injustice! Go in peace, my Lord, and return to your +daughter." + +"I cannot. I could not endure the pangs of my conscience! If you refuse +to punish me, I shall openly accuse myself!" + +"Great Heavens! this only was wanting!" The Minister drew nearer to +him. "I beseech you, let these things rest in peace! Do not bring upon +that office of which you were so long an ornament, the worst blemish +that could befal it. And your act would have still worse consequences: +it would undermine the authority of the State. Consider the times in +which we live--the Revolution is smouldering under its ashes." + +"I cannot help it, your Excellency. Do your duty voluntarily, and do +not oblige me to compel you to it." + +The Minister looked at him: in his face there was the quiet of +immovable resolve. "A fanatic," he thought, "what shall I do with him?" +He walked about the room in a state of irresolution. + +"My Lord," he then began, "you would oblige the State to take defensive +measures. Accuse yourself openly by a pamphlet published abroad, and I +would give out that you were mad. I should be believed, you need not +doubt." + +"I do doubt it," replied Sendlingen. "I should take care that there was +no room left for any question as to my sanity. Once more, and for the +last time, I ask your Excellency, to what Court am I to surrender +myself?" + +Again the Minister for a long while paced helplessly up and down. At +length a saving thought seemed to occur to him. + +"Be it so," he said. "Do what you cannot help doing; we, on the other +hand, will do what our duty commands. You naturally want to conceal +where your daughter is now living?" + +Sendlingen turned still paler and made no reply. + +"But we shall endeavor to find out, even if it should cost thousands, +and if we should have to employ all the police in the world. We shall +find your daughter and demand her extradition. There is no state that +would refuse to deliver a legally condemned murderess! You must decide, +my Lord, whether this is to happen." + +Sendlingen's face had grown deadly pale--a fit of shuddering shook his +limbs. There was a long silence in the room, it endured perhaps five +minutes. At length Sendlingen muttered: + +"I submit to your Excellency's will. May God forgive you what you have +just done to me." + +The Minister gave a sigh of relief. "I will take that on my +conscience," he said. "I restore the father to his child. Farewell, my +Lord." + +Sendlingen did not take the proffered hand, he bowed silently and +departed. + + * * * * * + +Two days later Dr. George Berger received a letter of Sendlingen's, +dated from Trieste. It briefly informed his friend of the purport of +his interview with the Minister of Justice, and concluded as follows: + + +"It is denied me to expiate my crime: it is impossible to me, a +criminal, to go unpunished through life; so I am going to meet death. +When you read this, all will be over. Break the news to my daughter, +who has already set out on her journey, as gently as possible; hide the +truth from her, I shall help you by the manner in which I am doing the +deed. And do not forget Franz, he is waiting for me at Cologne; I was +only able to get quit of him under a pretext. + +"Farewell, thou good and faithful friend, and do not condemn me. You +once said to me: there must be a solution of these complications, a +liberating solution. I do not know if there was any other, any better +than that which has come to pass. For see, my child has received her +just due, and so too has Justice: with a higher price than that of his +life, nobody can atone for a crime. And I--I have seen my child's +happiness, I have honourably paid all my debts, and now I shall find +peace forever--I too have received my due!... And now I may hope for +your respect again! + +"Farewell! and thanks a thousand times! + + "Victor." + + +Berger, deeply moved, had just finished reading this letter, when his +clerk entered with the morning paper in his hand. + +"Have you read this, Sir?" he asked. "Baron Sendlingen----" + +He laid the paper before his chief and this was what was in it: + +"A telegram from Vienna brings us the sad news that Baron von +Sendlingen, the retired Chief Justice and one of the most highly +esteemed men in Austria, fell overboard while proceeding by the Lloyd +steamer last night from Trieste to Venice. He was on deck late in the +evening and has not been seen since; very likely, while leaning too far +over the bulwarks, a sudden giddiness may have seized him so that he +fell into the sea and disappeared. The idea of suicide cannot for +personal reasons be entertained for a moment; the last person he spoke +to, the captain of the steamer, testifies to the cheerful demeanour of +the deceased. He leaves no family, but everyone who knew him will mourn +him. + +"All honour to his memory!" + +"All honour to his memory!" muttered Berger, burying his face in his +hands. + + + + THE END. + + + + + + + + + +End of the Project Gutenberg EBook of The Chief Justice, by Karl Emil Franzos + +*** END OF THIS PROJECT GUTENBERG EBOOK THE CHIEF JUSTICE *** + +***** This file should be named 36854-8.txt or 36854-8.zip ***** +This and all associated files of various formats will be found in: + https://www.gutenberg.org/3/6/8/5/36854/ + +Produced by Charles Bowen, from page scans provided by the Web Archive + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. Special rules, +set forth in the General Terms of Use part of this license, apply to +copying and distributing Project Gutenberg-tm electronic works to +protect the PROJECT GUTENBERG-tm concept and trademark. Project +Gutenberg is a registered trademark, and may not be used if you +charge for the eBooks, unless you receive specific permission. If you +do not charge anything for copies of this eBook, complying with the +rules is very easy. You may use this eBook for nearly any purpose +such as creation of derivative works, reports, performances and +research. They may be modified and printed and given away--you may do +practically ANYTHING with public domain eBooks. Redistribution is +subject to the trademark license, especially commercial +redistribution. + + + +*** START: FULL LICENSE *** + +THE FULL PROJECT GUTENBERG LICENSE +PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK + +To protect the Project Gutenberg-tm mission of promoting the free +distribution of electronic works, by using or distributing this work +(or any other work associated in any way with the phrase "Project +Gutenberg"), you agree to comply with all the terms of the Full Project +Gutenberg-tm License (available with this file or online at +https://gutenberg.org/license). + + +Section 1. General Terms of Use and Redistributing Project Gutenberg-tm +electronic works + +1.A. By reading or using any part of this Project Gutenberg-tm +electronic work, you indicate that you have read, understand, agree to +and accept all the terms of this license and intellectual property +(trademark/copyright) agreement. If you do not agree to abide by all +the terms of this agreement, you must cease using and return or destroy +all copies of Project Gutenberg-tm electronic works in your possession. +If you paid a fee for obtaining a copy of or access to a Project +Gutenberg-tm electronic work and you do not agree to be bound by the +terms of this agreement, you may obtain a refund from the person or +entity to whom you paid the fee as set forth in paragraph 1.E.8. + +1.B. "Project Gutenberg" is a registered trademark. It may only be +used on or associated in any way with an electronic work by people who +agree to be bound by the terms of this agreement. There are a few +things that you can do with most Project Gutenberg-tm electronic works +even without complying with the full terms of this agreement. See +paragraph 1.C below. There are a lot of things you can do with Project +Gutenberg-tm electronic works if you follow the terms of this agreement +and help preserve free future access to Project Gutenberg-tm electronic +works. See paragraph 1.E below. + +1.C. The Project Gutenberg Literary Archive Foundation ("the Foundation" +or PGLAF), owns a compilation copyright in the collection of Project +Gutenberg-tm electronic works. Nearly all the individual works in the +collection are in the public domain in the United States. If an +individual work is in the public domain in the United States and you are +located in the United States, we do not claim a right to prevent you from +copying, distributing, performing, displaying or creating derivative +works based on the work as long as all references to Project Gutenberg +are removed. Of course, we hope that you will support the Project +Gutenberg-tm mission of promoting free access to electronic works by +freely sharing Project Gutenberg-tm works in compliance with the terms of +this agreement for keeping the Project Gutenberg-tm name associated with +the work. You can easily comply with the terms of this agreement by +keeping this work in the same format with its attached full Project +Gutenberg-tm License when you share it without charge with others. + +1.D. The copyright laws of the place where you are located also govern +what you can do with this work. Copyright laws in most countries are in +a constant state of change. If you are outside the United States, check +the laws of your country in addition to the terms of this agreement +before downloading, copying, displaying, performing, distributing or +creating derivative works based on this work or any other Project +Gutenberg-tm work. The Foundation makes no representations concerning +the copyright status of any work in any country outside the United +States. + +1.E. Unless you have removed all references to Project Gutenberg: + +1.E.1. The following sentence, with active links to, or other immediate +access to, the full Project Gutenberg-tm License must appear prominently +whenever any copy of a Project Gutenberg-tm work (any work on which the +phrase "Project Gutenberg" appears, or with which the phrase "Project +Gutenberg" is associated) is accessed, displayed, performed, viewed, +copied or distributed: + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + +1.E.2. If an individual Project Gutenberg-tm electronic work is derived +from the public domain (does not contain a notice indicating that it is +posted with permission of the copyright holder), the work can be copied +and distributed to anyone in the United States without paying any fees +or charges. If you are redistributing or providing access to a work +with the phrase "Project Gutenberg" associated with or appearing on the +work, you must comply either with the requirements of paragraphs 1.E.1 +through 1.E.7 or obtain permission for the use of the work and the +Project Gutenberg-tm trademark as set forth in paragraphs 1.E.8 or +1.E.9. + +1.E.3. If an individual Project Gutenberg-tm electronic work is posted +with the permission of the copyright holder, your use and distribution +must comply with both paragraphs 1.E.1 through 1.E.7 and any additional +terms imposed by the copyright holder. Additional terms will be linked +to the Project Gutenberg-tm License for all works posted with the +permission of the copyright holder found at the beginning of this work. + +1.E.4. Do not unlink or detach or remove the full Project Gutenberg-tm +License terms from this work, or any files containing a part of this +work or any other work associated with Project Gutenberg-tm. + +1.E.5. Do not copy, display, perform, distribute or redistribute this +electronic work, or any part of this electronic work, without +prominently displaying the sentence set forth in paragraph 1.E.1 with +active links or immediate access to the full terms of the Project +Gutenberg-tm License. + +1.E.6. You may convert to and distribute this work in any binary, +compressed, marked up, nonproprietary or proprietary form, including any +word processing or hypertext form. However, if you provide access to or +distribute copies of a Project Gutenberg-tm work in a format other than +"Plain Vanilla ASCII" or other format used in the official version +posted on the official Project Gutenberg-tm web site (www.gutenberg.org), +you must, at no additional cost, fee or expense to the user, provide a +copy, a means of exporting a copy, or a means of obtaining a copy upon +request, of the work in its original "Plain Vanilla ASCII" or other +form. Any alternate format must include the full Project Gutenberg-tm +License as specified in paragraph 1.E.1. + +1.E.7. Do not charge a fee for access to, viewing, displaying, +performing, copying or distributing any Project Gutenberg-tm works +unless you comply with paragraph 1.E.8 or 1.E.9. + +1.E.8. You may charge a reasonable fee for copies of or providing +access to or distributing Project Gutenberg-tm electronic works provided +that + +- You pay a royalty fee of 20% of the gross profits you derive from + the use of Project Gutenberg-tm works calculated using the method + you already use to calculate your applicable taxes. The fee is + owed to the owner of the Project Gutenberg-tm trademark, but he + has agreed to donate royalties under this paragraph to the + Project Gutenberg Literary Archive Foundation. Royalty payments + must be paid within 60 days following each date on which you + prepare (or are legally required to prepare) your periodic tax + returns. Royalty payments should be clearly marked as such and + sent to the Project Gutenberg Literary Archive Foundation at the + address specified in Section 4, "Information about donations to + the Project Gutenberg Literary Archive Foundation." + +- You provide a full refund of any money paid by a user who notifies + you in writing (or by e-mail) within 30 days of receipt that s/he + does not agree to the terms of the full Project Gutenberg-tm + License. You must require such a user to return or + destroy all copies of the works possessed in a physical medium + and discontinue all use of and all access to other copies of + Project Gutenberg-tm works. + +- You provide, in accordance with paragraph 1.F.3, a full refund of any + money paid for a work or a replacement copy, if a defect in the + electronic work is discovered and reported to you within 90 days + of receipt of the work. + +- You comply with all other terms of this agreement for free + distribution of Project Gutenberg-tm works. + +1.E.9. If you wish to charge a fee or distribute a Project Gutenberg-tm +electronic work or group of works on different terms than are set +forth in this agreement, you must obtain permission in writing from +both the Project Gutenberg Literary Archive Foundation and Michael +Hart, the owner of the Project Gutenberg-tm trademark. Contact the +Foundation as set forth in Section 3 below. + +1.F. + +1.F.1. Project Gutenberg volunteers and employees expend considerable +effort to identify, do copyright research on, transcribe and proofread +public domain works in creating the Project Gutenberg-tm +collection. Despite these efforts, Project Gutenberg-tm electronic +works, and the medium on which they may be stored, may contain +"Defects," such as, but not limited to, incomplete, inaccurate or +corrupt data, transcription errors, a copyright or other intellectual +property infringement, a defective or damaged disk or other medium, a +computer virus, or computer codes that damage or cannot be read by +your equipment. + +1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the "Right +of Replacement or Refund" described in paragraph 1.F.3, the Project +Gutenberg Literary Archive Foundation, the owner of the Project +Gutenberg-tm trademark, and any other party distributing a Project +Gutenberg-tm electronic work under this agreement, disclaim all +liability to you for damages, costs and expenses, including legal +fees. YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT +LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE +PROVIDED IN PARAGRAPH 1.F.3. YOU AGREE THAT THE FOUNDATION, THE +TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE +LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR +INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH +DAMAGE. + +1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a +defect in this electronic work within 90 days of receiving it, you can +receive a refund of the money (if any) you paid for it by sending a +written explanation to the person you received the work from. If you +received the work on a physical medium, you must return the medium with +your written explanation. The person or entity that provided you with +the defective work may elect to provide a replacement copy in lieu of a +refund. If you received the work electronically, the person or entity +providing it to you may choose to give you a second opportunity to +receive the work electronically in lieu of a refund. If the second copy +is also defective, you may demand a refund in writing without further +opportunities to fix the problem. + +1.F.4. Except for the limited right of replacement or refund set forth +in paragraph 1.F.3, this work is provided to you 'AS-IS' WITH NO OTHER +WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO +WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR ANY PURPOSE. + +1.F.5. Some states do not allow disclaimers of certain implied +warranties or the exclusion or limitation of certain types of damages. +If any disclaimer or limitation set forth in this agreement violates the +law of the state applicable to this agreement, the agreement shall be +interpreted to make the maximum disclaimer or limitation permitted by +the applicable state law. The invalidity or unenforceability of any +provision of this agreement shall not void the remaining provisions. + +1.F.6. INDEMNITY - You agree to indemnify and hold the Foundation, the +trademark owner, any agent or employee of the Foundation, anyone +providing copies of Project Gutenberg-tm electronic works in accordance +with this agreement, and any volunteers associated with the production, +promotion and distribution of Project Gutenberg-tm electronic works, +harmless from all liability, costs and expenses, including legal fees, +that arise directly or indirectly from any of the following which you do +or cause to occur: (a) distribution of this or any Project Gutenberg-tm +work, (b) alteration, modification, or additions or deletions to any +Project Gutenberg-tm work, and (c) any Defect you cause. + + +Section 2. Information about the Mission of Project Gutenberg-tm + +Project Gutenberg-tm is synonymous with the free distribution of +electronic works in formats readable by the widest variety of computers +including obsolete, old, middle-aged and new computers. It exists +because of the efforts of hundreds of volunteers and donations from +people in all walks of life. + +Volunteers and financial support to provide volunteers with the +assistance they need are critical to reaching Project Gutenberg-tm's +goals and ensuring that the Project Gutenberg-tm collection will +remain freely available for generations to come. In 2001, the Project +Gutenberg Literary Archive Foundation was created to provide a secure +and permanent future for Project Gutenberg-tm and future generations. +To learn more about the Project Gutenberg Literary Archive Foundation +and how your efforts and donations can help, see Sections 3 and 4 +and the Foundation web page at https://www.pglaf.org. + + +Section 3. Information about the Project Gutenberg Literary Archive +Foundation + +The Project Gutenberg Literary Archive Foundation is a non profit +501(c)(3) educational corporation organized under the laws of the +state of Mississippi and granted tax exempt status by the Internal +Revenue Service. The Foundation's EIN or federal tax identification +number is 64-6221541. Its 501(c)(3) letter is posted at +https://pglaf.org/fundraising. Contributions to the Project Gutenberg +Literary Archive Foundation are tax deductible to the full extent +permitted by U.S. federal laws and your state's laws. + +The Foundation's principal office is located at 4557 Melan Dr. S. +Fairbanks, AK, 99712., but its volunteers and employees are scattered +throughout numerous locations. Its business office is located at +809 North 1500 West, Salt Lake City, UT 84116, (801) 596-1887, email +business@pglaf.org. Email contact links and up to date contact +information can be found at the Foundation's web site and official +page at https://pglaf.org + +For additional contact information: + Dr. Gregory B. Newby + Chief Executive and Director + gbnewby@pglaf.org + + +Section 4. Information about Donations to the Project Gutenberg +Literary Archive Foundation + +Project Gutenberg-tm depends upon and cannot survive without wide +spread public support and donations to carry out its mission of +increasing the number of public domain and licensed works that can be +freely distributed in machine readable form accessible by the widest +array of equipment including outdated equipment. Many small donations +($1 to $5,000) are particularly important to maintaining tax exempt +status with the IRS. + +The Foundation is committed to complying with the laws regulating +charities and charitable donations in all 50 states of the United +States. Compliance requirements are not uniform and it takes a +considerable effort, much paperwork and many fees to meet and keep up +with these requirements. We do not solicit donations in locations +where we have not received written confirmation of compliance. To +SEND DONATIONS or determine the status of compliance for any +particular state visit https://pglaf.org + +While we cannot and do not solicit contributions from states where we +have not met the solicitation requirements, we know of no prohibition +against accepting unsolicited donations from donors in such states who +approach us with offers to donate. + +International donations are gratefully accepted, but we cannot make +any statements concerning tax treatment of donations received from +outside the United States. U.S. laws alone swamp our small staff. + +Please check the Project Gutenberg Web pages for current donation +methods and addresses. Donations are accepted in a number of other +ways including including checks, online payments and credit card +donations. To donate, please visit: https://pglaf.org/donate + + +Section 5. General Information About Project Gutenberg-tm electronic +works. + +Professor Michael S. Hart was the originator of the Project Gutenberg-tm +concept of a library of electronic works that could be freely shared +with anyone. For thirty years, he produced and distributed Project +Gutenberg-tm eBooks with only a loose network of volunteer support. + + +Project Gutenberg-tm eBooks are often created from several printed +editions, all of which are confirmed as Public Domain in the U.S. +unless a copyright notice is included. Thus, we do not necessarily +keep eBooks in compliance with any particular paper edition. + + +Most people start at our Web site which has the main PG search facility: + + https://www.gutenberg.org + +This Web site includes information about Project Gutenberg-tm, +including how to make donations to the Project Gutenberg Literary +Archive Foundation, how to help produce our new eBooks, and how to +subscribe to our email newsletter to hear about new eBooks. diff --git a/36854-8.zip b/36854-8.zip Binary files differnew file mode 100644 index 0000000..1bd0ad7 --- /dev/null +++ b/36854-8.zip diff --git a/36854-h.zip b/36854-h.zip Binary files differnew file mode 100644 index 0000000..5c27516 --- /dev/null +++ b/36854-h.zip diff --git a/36854-h/36854-h.htm b/36854-h/36854-h.htm new file mode 100644 index 0000000..8cd2429 --- /dev/null +++ b/36854-h/36854-h.htm @@ -0,0 +1,7781 @@ +<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"> +<html> +<head> +<title>The Chief Justice: A Novel.</title> +<meta name="Author" content="Karl Emil Franzos"> +<meta name="Translator" content="Miles Corbet"> +<meta name="Publisher" content="William Heinemann"> +<meta name="Date" content="1890"> +<meta http-equiv="Content-Type" content="text/html; charset=ISO-8859-1"> +<style type="text/css"> +body {margin-left:10%; + margin-right:10%; background-color:#FFFFFF;} + + + +p.normal {text-indent:.25in; text-align: justify;} +.center {margin: auto; text-align:center; margin-top:24pt; margin-bottom:24pt} + + + +p.right {text-align:right; margin-right:20%;} + +p.continue {text-indent: 0in; margin-top:9pt;} +.text10 {margin-top:0px; margin-bottom:0px; margin-left:10%; margin-right:0px; font-size:90%;} +.text20 {margin-top:0px; margin-bottom:0px; margin-left:20%; margin-right:0px; font-size:90%;} + + +.poem0 { + margin-top: 24pt; margin-left: 0%; + margin-right: 0%; text-align: left; + margin-bottom: 24pt; font-size:90%} + +.poem1 { + margin-top: 24pt; margin-left: 2em; + margin-right: 10%; text-align: left; + margin-bottom: 24pt; font-size:90%} + +.poem2 { + margin-top: 24pt; margin-left: 5em; + margin-right: 10%; text-align: left; + margin-bottom: 24pt; font-size:90%} + +.poem3 { + margin-top: 24pt; margin-left: 30%; + margin-right: 10%; text-align: left; + margin-bottom: 24pt; font-size:90%} + + + + + +figcenter {margin:auto; text-align:center; margin-top:9pt;} + +.t0 {margin-top:0px; margin-bottom:0px; margin-left:0em; margin-right:0px;} +.t1 {margin-top:0px; margin-bottom:0px; margin-left:1em; margin-right:0px;} +.t2 {margin-top:0px; margin-bottom:0px; margin-left:2em; margin-right:0px;} +.t3 {margin-top:0px; margin-bottom:0px; margin-left:3em; margin-right:0px;} +.t4 {margin-top:0px; margin-bottom:0px; margin-left:4em; margin-right:0px;} +.t5 {margin-top:0px; margin-bottom:0px; margin-left:5em; margin-right:0px;} +.t6 {margin-top:0px; margin-bottom:0px; margin-left:6em; margin-right:0px;} +.t7 {margin-top:0px; margin-bottom:0px; margin-left:7em; margin-right:0px;} +.t8 {margin-top:0px; margin-bottom:0px; margin-left:8em; margin-right:0px;} +.t9 {margin-top:0px; margin-bottom:0px; margin-left:9em; margin-right:0px;} +.t10 {margin-top:0px; margin-bottom:0px; margin-left:10em; margin-right:0px;} +.t11 {margin-top:0px; margin-bottom:0px; margin-left:11em; margin-right:0px;} +.t12 {margin-top:0px; margin-bottom:0px; margin-left:12em; margin-right:0px;} +.t13 {margin-top:0px; margin-bottom:0px; margin-left:13em; margin-right:0px;} +.t14 {margin-top:0px; margin-bottom:0px; margin-left:14em; margin-right:0px;} +.t15 {margin-top:0px; margin-bottom:0px; margin-left:15em; margin-right:0px;} +.t16 {margin-top:0px; margin-bottom:0px; margin-left:16em; margin-right:0px;} + + +.quote {text-indent:.25in; text-align: justify; font-size:90%; margin-top:36pt; margin-bottom:36pt} +.ctrquote {text-align: center; font-size:90%; margin-top:36pt; margin-bottom:36pt} + +.dateline {text-align:right; font-size:90%; margin-right:10%; margin-top:24pt; margin-bottom:24pt} + +h1,h2,h3,h4,h5 {text-align: center;} + +span.sc {font-variant: small-caps; font-size:100%;} +span.sc2 {font-variant: small-caps; font-size:90%;} + +hr.W10 {width:10%; color:black; margin-top:24pt; margin-bottom:24pt} + +hr.W20 {width:20%; color:black;} + +hr.W50 {width:50%; color:black;} +hr.W90 {width:90%; color:black;} + +p.hang1 {margin-left:1em; text-indent:-1em;} +p.hang2 {margin-left:1em; text-indent:0em;} + + +</style> + +</head> + +<body> + + +<pre> + +The Project Gutenberg EBook of The Chief Justice, by Karl Emil Franzos + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: The Chief Justice + A Novel + +Author: Karl Emil Franzos + +Translator: Miles Corbet + +Release Date: July 25, 2011 [EBook #36854] + +Language: English + +Character set encoding: ISO-8859-1 + +*** START OF THIS PROJECT GUTENBERG EBOOK THE CHIEF JUSTICE *** + + + + +Produced by Charles Bowen, from page scans provided by the Web Archive + + + + + +</pre> + + +<br> +<br> +<br> +<p class="hang1">Transcriber's Notes:<br> +1. Page scan source:<br> +http://www.archive.org/details/chiefjusticenove00franiala</p> +<br> +<br> +<br> +<br> +<p class="continue"><b>Heinemann's International Library.</b></p> +<br> +<br> +<br> +<br> +<h2>EDITOR'S NOTE.</h2> + + +<p class="normal">There is nothing in which the Anglo-Saxon world differs more from the +world of the Continent of Europe than in its fiction. English readers +are accustomed to satisfy their curiosity with English novels, and it +is rarely indeed that we turn aside to learn something of the interior +life of those other countries the exterior scenery of which is often so +familiar to us. We climb the Alps, but are content to know nothing of +the pastoral romances of Switzerland. We steam in and out of the +picturesque fjords of Norway, but never guess what deep speculation +into life and morals is made by the novelists of that sparsely peopled +but richly endowed nation. We stroll across the courts of the Alhambra, +we are listlessly rowed upon Venetian canals and Lombard lakes, we +hasten by night through the roaring factories of Belgium; but we never +pause to inquire whether there is now flourishing a Spanish, an +Italian, a Flemish school of fiction. Of Russian novels we have lately +been taught to become partly aware, but we do not ask ourselves whether +Poland may not possess a Dostoieffsky and Portugal a Tolstoi.</p> + +<p class="normal">Yet, as a matter of fact, there is no European country that has +not, within the last half-century, felt the dew of revival on the +threshing-floor of its worn-out schools of romance. Everywhere there +has been shown by young men, endowed with a talent for narrative, a +vigorous determination to devote themselves to a vivid and sympathetic +interpretation of nature and of man. In almost every language, too, +this movement has tended to display itself more and more in the +direction of what is reported and less of what is created. Fancy has +seemed to these young novelists a poorer thing than observation; the +world of dreams fainter than the world of men. They have not been +occupied mainly with what might be or what should be, but with what is, +and, in spite of all their shortcomings, they have combined to produce +a series of pictures of existing society in each of their several +countries such as cannot fail to form an archive of documents +invaluable to futurity.</p> + +<p class="normal">But to us they should be still more valuable. To travel in a foreign +country is but to touch its surface. Under the guidance of a novelist +of genius we penetrate to the secrets of a nation, and talk the very +language of its citizens. We may go to Normandy summer after summer and +know less of the manner of life that proceeds under those gnarled +orchards of apple-blossom than we learn from one tale of Guy de +Maupassant's. The present series is intended to be a guide to the inner +geography of Europe. It presents to our readers a series of spiritual +Baedekers and Murrays. It will endeavour to keep pace with every truly +characteristic and vigorous expression of the novelist's art in each of +the principal European countries, presenting what is quite new if it is +also good, side by side with what is old, if it has not hitherto been +presented to our public. That will be selected which gives with most +freshness and variety the different aspects of continental feeling, the +only limits of selection being that a book shall be, on the one hand, +amusing, and, on the other, wholesome.</p> + +<p class="normal">One difficulty which must be frankly faced is that of subject. Life is +now treated in fiction by every race but our own with singular candour. +The novelists of the Lutheran North are not more fully emancipated from +prejudice in this respect than the novelists of the Catholic South. +Everywhere in Europe a novel is looked upon now as an impersonal work, +from which the writer, as a mere observer, stands aloof, neither +blaming nor applauding. Continental fiction has learned to exclude, in +the main, from among the subjects of its attention, all but those facts +which are of common experience, and thus the novelists have determined +to disdain nothing and to repudiate nothing which is common to +humanity; much is freely discussed, even in the novels of Holland and +of Denmark, which our race is apt to treat with a much more gingerly +discretion. It is not difficult, however, we believe--it is certainly +not impossible--to discard all which may justly give offence, and yet +to offer to an English public as many of the masterpieces of European +fiction as we can ever hope to see included in this library. It will be +the endeavour of the editor to search on all hands and in all languages +for such books as combine the greatest literary value with the most +curious and amusing qualities of manner and matter.</p> + +<p class="right">EDMUND GOSSE.</p> +<br> +<br> +<br> +<br> +<br> +<br> +<h2>THE CHIEF JUSTICE</h2> +<br> +<br> +<br> +<br> +<br> +<br> +<h4>THE</h4> + +<h1>Chief Justice</h1> + +<h3>A NOVEL</h3> +<br> +<br> +<br> +<h5>BY</h5> + +<h3>EMIL FRANZOS</h3> +<br> +<br> +<br> +<h4>TRANSLATED FROM THE GERMAN</h4> + +<h5>BY</h5> + +<h3>MILES CORBET</h3> +<br> +<br> +<br> +<br> +<h3>LONDON</h3> + +<h3>WILLIAM HEINEMANN</h3> + +<h4>1890</h4> + +<h5>[<i>All rights reserved</i>]</h5> +<br> +<br> +<br> +<br> +<br> +<br> +<h2>INTRODUCTION.</h2> + + +<p class="normal">The remote Austrian province of Galicia has, in our generation, +produced two of the most original of modern novelists, Leopold von +Sacher-Masoch and Karl Emil Franzos. The latter, who is the author of +the volume here presented to English readers, was born on the 25th of +October 1848, just over the frontier, in a ranger's house in the midst +of one of the vast forests of Russian Podolia. His father, a Polish +Jew, was the district doctor of the town of Czorskow, in Galicia, where +the boy received his first lessons in literature from his German +mother. In 1858 Franzos was sent, on the death of his father, to the +German College at Czernowitz; at the age of fourteen, according to the +published accounts of his life, he was left entirely to his own +resources, and gained a precarious livelihood by teaching. After +various attempts at making a path for himself in science and in law, +and finding that his being a Jew stood in the way of a professional +career, he turned, as so many German Israelites have done before and +since, to journalism, first in Vienna, then at Pesth, then in Vienna +again, where he still continues to reside.</p> + +<p class="normal">In 1876 Franzos published his first book, two volumes entitled <i>Aus +Halb-Asia</i> ("From Semi-Asia"), a series of ethnological studies on the +peoples of Galicia, Bukowina, South Russia, and Roumania, whom he +described as in a twilight of semi-barbaric darkness, not wholly in the +sunshine of Europe. This was followed in 1878 by <i>Vom Don zur Donau</i> +("From the Don to the Danube"), a similar series of studies in +ethnography. Meanwhile, in <i>Die Juden von Barnow</i> ("The Jews of +Barnow"), 1877, he had published his first collection of tales drawn +from his early experience. He followed it in 1879 by <i>Junge Liebe</i> +("Young Love"), two short stories, "Brown Rosa" and "Brandenegg's +Cousins," extremely romantic in character, and written in an elaborate +and somewhat extravagant style. These volumes achieved a great and +instant success.</p> + +<p class="normal">The succeeding novels of Franzos have been numerous, and unequal in +value. <i>Moschko von Parma</i>, 1880, was a pathetic study of the +vicissitudes of a young Jewish soldier in the wars. In the same year +Franzos published <i>Die Hexe</i> ("The Witch"). The best known of his +writings in this country is <i>Ein Kampf um's Recht</i> ("A Battle for the +Right"), 1882, which was published in English, with an Introduction by +Mr. George MacDonald, and attracted the favourable, and even +enthusiastic, notice of Mr. Gladstone. <i>Der Präsident</i>, which is here +translated, appeared in Germany in 1884.</p> + +<p class="right">EDMUND GOSSE.</p> +<br> +<br> +<br> +<br> +<h2>THE CHIEF JUSTICE.</h2> +<br> +<br> +<br> +<br> +<h2>CHAPTER I.</h2> + +<p class="normal">In the Higher Court of Bolosch, an important Germano-Slavonic town of +northern Austria, there sat as Chief Justice some thirty years ago, one +of the bravest and best of those men on whom true justice might +hopefully rely in that sorely tried land.</p> + +<p class="normal">Charles Victor, Baron von Sendlingen, as he may be called in this +record of his fate, was the last descendant of a very ancient and +meritorious race which could trace its origin to a collateral branch of +the Franconian Emperors, and which had once upon a time possessed rich +lands and mines on the shores of the Wörther See: now indeed by reason +of an adverse fate and the love of splendour of some of its scions, +there had gradually come to be nothing left of all this save a series +of high sounding titles. But the decline of fame and influence had not +kept pace with the loss of lands and wealth; the Sendlingens had +entered the service of the Hapsburgs and in the last two hundred years +had given the Austrian Hereditary Dominions not only several brave +generals, but an almost unbroken line of administrators and guardians +of Justice. And so, although they were entirely dependent on their +slender official salaries, they were reckoned with good reason among +the first families of the Empire, and a Sendlingen might from his +cradle count upon the office of Chief Justice of one of the Higher +Courts. Even unkind envy, to say nothing of honest report, was obliged +to admit that these hereditary patricians of Justice had always shown +themselves worthy of their sacred office, and just as they regularly +inherited certain physical characteristics--great stature, bright eyes +and coal-black curly hair--so also gifted intellects, iron industry and +a sense of duty which often enough bordered on self-denial, were always +theirs. "The majesty of the Law is the most sacred majesty on earth." +Thus spake the first of this family who had entered the service of the +Imperial Courts of Justice, the Baron Victor Amadeus, Chief Judge of +the Vienna Senate, in answer to an irregular demand of Ferdinand the +Catholic, and his descendants held fast to the maxim in good days and +evil, even in those worst days when Themis threatened, in this country +also, to sink to the level of the venal mistress of Princes. The +greatest of the Hapsburgs, Joseph II., knew how to value this at its +right worth, and although he much disliked hereditary offices, he on +this account appointed the Baron Charles Victor, in spite of his youth, +as his father's successor in one of the most important offices of the +State.</p> + +<p class="normal">This was the grandfather of that Sendlingen whose story is to be told +here, a powerful man of unusual strength of will who had again raised +the reputation of the family to a most flourishing condition. But +although everything went so well with him, the dearest wish of his +heart was not to be realized: he was not to transmit office and +reputation to his son. This son, Franz Victor, our hero's father, had +to pass his life wretchedly in an insignificant position, the only one +among the Sendlingens who went to his grave in mature years, unrenowned +and indeed despised.</p> + +<p class="normal">This fate had not overtaken him through lack of ability or industry. He +too proved himself a true son of this admirable race; gifted, +persevering, thorough, devoted heart and soul to his studies and his +official duties. But a youthful escapade had embroiled him in the +beginning of his career with father and relations: a girl of the lower +orders, the daughter of the concierge at the Courts where his father +presided, had become dear to him and in a moment of passion he had +betrayed her. When the girl could no longer conceal the consequences of +her fault, she went and threw herself at the feet of the Chief Justice +imploring him to protect her from her parent's wrath. The old man could +hardly contain his agony of indignation, but he summoned his son and +having heard from his lips the truth of the accusation, he resolved the +matter by saying: "The wedding will take place next Sunday. A +Sendlingen may be thoughtless, he must never be a scoundrel." They were +married without show and in complete secresy, and at once started for a +little spot in the Tyrolean mountains whither Baron von Sendlingen had +caused his son and heir to be transferred.</p> + +<p class="normal">This event made a tremendous sensation. For the first time a Sendlingen +had married out of his rank, the daughter of a menial too, and +constrained to it by his father! People hardly knew how to decide which +of the two, father or son, had sinned most against the dignity of the +family; similar affairs were usually settled by the nobles of the land +in all secresy and without leaving a stain on their genealogical tree. +Even Kaiser Franz, although his opinions about morality were so rigid, +once signified something of the kind to the honourable old judge, but +he received the same answer as was given to his son. The embittered old +man was indeed equally steadfast in maintaining a complete severance of +the bonds between him and his only son; the letters which every mail +from the Tyrol brought, were left unopened, and even in his last +illness he would not suffer the outcast to be recalled.</p> + +<p class="normal">After the death of the Judge, his son came to be completely forgotten: +only occasionally his aristocratic relations used to recount with a +shrug of the shoulders, that they had again been obliged to return a +letter of this insolent fellow to the place where it came from. +Nevertheless they learnt the contents of these letters from a +good-natured old aunt: they told of the death of his first child, then +of the birth of a boy whom he had called after his grandfather, and +while he obstinately kept silence about the happiness or unhappiness of +his marriage, he more and more urgently begged for deliverance from the +God-forsaken corner of the globe in which he languished and for +promotion to a worthier post.</p> + +<p class="normal">Although the only person who read these letters was, with all her pity, +unable to help him, he never grew weary of writing. The tone of his +letters became year by year more bitter and despairing, and whereas he +had at first asked for special favours, he now fiercely demanded the +cessation of these hostile intrigues. Perhaps the embittered man was +unjust to his relations in making this reproach,--they seemed in no +way to concern themselves about him whether to his interest or his +injury--, but he really was badly treated, and leaving out the +influence of his name, he was not even able to obtain what he might +have expected according to the regulations of the service. An excellent +judge of exemplary industry, he was forced to continue for years in +this Tyrolean wilderness until at length, one day, he was promoted to a +judgeship on the Klagenfurth Circuit. But he was not long able to enjoy +his improved position: bitter repentance and the struggle with +wretchedness had prematurely undermined his strength. He died, soon +after his wife, and his last concern on earth was an imploring prayer +to his relations to adopt his boy.</p> + +<p class="normal">This prayer would perhaps not have been necessary to secure the orphan +that sympathy which his much-to-be-pitied father had in vain sought to +obtain for himself. Charles Victor, now fourteen years of age, was +carried off in a sort of triumph and brought to Vienna: even the +Emperor gratefully remembered the faithful services which this noble +house had for centuries rendered to his throne, and he caused its last +surviving male to be educated at his expense in the Academy of Maria +Theresa.</p> + +<p class="normal">The beautiful, slender boy won the sympathies of his natural guardians +by his mere appearance, the serious expression peculiar to his family +and his surprising resemblance to his grandfather; excellent gifts, a +quiet, steady love of work and a self-contained, manly sweetness of +disposition, made him dear to both his masters and his comrades. He was +the best scholar at the Academy, and he justified the hopes which he +had aroused by the brilliant success of his legal studies. But his +eagerness to obtain a knowledge of the world and to see foreign +countries was equally great, and the modest fortune left him by his +grandfather made the fulfilment of these desires possible. When, being +of age, he returned to Austria and entered on his legal duties, it +needed no particular insight to prophesy a rapid advancement in his +career.</p> + +<p class="normal">In fact after a brief term of office as judge-advocate in the Eastern +provinces, he was transferred to Bohemia, and shortly afterwards +married a beautiful, proud girl who had been much sought after, a +daughter of one of the most important Counts of the Empire. Nobody was +surprised that the lucky man had also this good luck, but the marriage +remained childless. This only served to unite the stately pair more +closely to one another, and this wedded love and the judge's triumphs +on the Bench and in the world of letters, sufficed to fully occupy his +life. His treatises on criminal law were among the best of the kind, +and the practical nature of his judgments obtained for him the +reputation of one of the most thorough and sagacious judges of Austria. +And so it was more owing to his services than to the influence attached +to the name and associations of this remarkable man, that he succeeded +in scaling by leaps and bounds that ladder of advancement on the lowest +rung of which, his unfortunate father had remained in life-long +torture. As early as in his fortieth year he had obtained the important +and honourable position of Chief Justice of Bolosch.</p> + +<p class="normal">The stormy times in which he lived served as a good test of his +character and abilities. The fierce flames of 1848 had been +extinguished and from the ruins rose the exhalation of countless +political trials. Those were sad days, making the strongest demands on +the independence of a Judge, and many an honest but weak man became the +compliant servant of the Authorities. The Chief Justice von Sendlingen, +a member of the oldest nobility, bound to the Imperial House by ties of +personal gratitude, related by marriage to the leaders of the reaction, +was nevertheless not one of the weak and cowardly judges; just as in +that stormy year he had boldly confessed his loyalty to the Emperor, so +now he showed that Justice was not to be abased to an instrument of +political revenge. This boldness was indeed not without danger; his +brother-in-law stormed, his wife was in tears; first warnings, then +threats, rained in upon him, but he kept his course unmoved, acting as +his sense of justice bade him. If those in authority did not actually +interfere with him, he owed this entirely to his past services, which +had made him almost indispensable. The methods of administering justice +were constantly changed, juries were empanelled and then dismissed, the +regulations of the Courts were repeatedly altered: everywhere there +were cases in arrear, and confusion and uncertainty.</p> + +<p class="normal">The Bolosch Circuit was one of the few exceptions. The Chief Justice +remained unmolested by the ministry, and the citizens honoured him as +the embodiment of Justice, and lawyers as the ornament of their +profession.</p> + +<p class="normal">Respected throughout the whole Empire, he was in his immediate circle +the object of almost idolatrous love. And certainly the personal +characteristics of this stately and serious man with his almost +youthful beauty, were enough to justify this feeling. He was gentle but +determined; dignified but affectionate: faithful in the extreme to +duty, and yet no stickler for forms.</p> + +<p class="normal">When his wife died suddenly in 1850, the sympathetic love and +veneration of all were manifested in the most touching manner. He felt +the loss keenly, but only his best friend, Dr. George Berger, learnt +how deep was the wound. This Dr. Berger was one of the most respected +barristers of the town, and in spite of the difference of their +political convictions--Berger was a Radical--he enjoyed an almost +fraternal intimacy with Sendlingen. This faithful friend did what he +could for the lonely Judge; and his best helper in the work of sympathy +was his sense of duty which forbade a weak surrender to sorrow. He +gradually became quiet and composed again, and some premature grey +hairs at the temples alone showed how exceedingly he had suffered.</p> + +<p class="normal">In the midst of the regular work of his profession--it was in May, +1850--he was surprised by a laconic command from the Minister of +Justice ordering him forthwith to surrender the conduct of his Court to +the Judge next him in position, von Werner, and to be in Vienna within +three days. This news caused general amazement; the reactionary party +was growing stronger, and it was thought that this sudden call might +mean the commencement of an inquiry into the conduct of this true but +independent Judge. He himself was prepared for the worst, but his +friend Berger took a more hopeful view; rudeness, he said, had become +the fashion again in Vienna, and perhaps something good was in store +for him.</p> + +<p class="normal">This supposition proved correct; the Minister wished the assistance of +the learned specialist in drawing up a new Statute for the +administration of Justice. The Commission of Inquiry, originally called +for two months, continued its deliberations till the autumn. It was not +till the beginning of November that Sendlingen started for home, having +received as a mark of the Minister's gratitude the nomination as Chief +Justice of the Higher Court at Pfalicz, a post which he was to enter +upon in four months.</p> + +<p class="normal">This was a brilliant and unexampled appointment for one of his years, +but the thought of leaving the much-loved circle of his labours made +him sorrowful. And this feeling was increased when the citizens +testified by a public reception at the station, how greatly they were +rejoiced at his return. His lonely dwelling too had been decorated by a +friendly hand, as also the Courts of Justice. He found it difficult to +announce his departure in answer to the speech of welcome delivered by +his Deputy. And indeed his announcement was received with exclamations +of regret and amazement, and it was only by degrees that his auditors +sufficiently recovered themselves to congratulate their beloved chief.</p> + +<p class="normal">Only one of them did so with a really happy heart, his Deputy, von +Werner, an old, industrious if not very gifted official, who now +likewise saw a certain hope of promotion. With a pleased smile, the +little weazened man followed Sendlingen into his chambers in order to +give him an account of the judicial proceedings of the last six months. +Herr von Werner was a sworn enemy of all oral reports, and had +therefore not only prepared two beautifully drawn-up lists of the civil +and criminal trials, but had written a memorial which he now read out +by way of introduction.</p> + +<p class="normal">Sendlingen listened patiently to this lengthy document. But when Werner +was going to take up the lists with the same intention, the Chief +Justice with a pleasant smile anticipated him.</p> + +<p class="normal">"We will look through them together," he said, and began with the +criminal list. It contained the name, age and calling of the accused, +the date of their gaol-delivery, their crime, as well as the present +position of the trial.</p> + +<p class="normal">"There are more arrears than I expected," he said with some surprise.</p> + +<p class="normal">"But the number of crimes has unfortunately greatly increased," +objected Herr von Werner, zealously. "Especially the cases of +child-murder."</p> + +<p class="normal">"You are right." Sendlingen glanced through the columns specifying the +crimes and then remained plunged in deep thought.</p> + +<p class="normal">"The number is nearly double," he resumed. "And it is not only here, +but in the whole Empire, that this horrible phenomenon is evident! The +Minister of Justice complained of it to me with much concern."</p> + +<p class="normal">"But what else could one expect?" cried old Werner. "This accursed +Revolution has undermined all discipline, morals and religion! And then +the leniency with which these inhuman women are treated--why it is +years since the death-sentence has been carried out in a case of +child-murder."</p> + +<p class="normal">"That will unfortunately soon be changed," answered Sendlingen in a +troubled tone. "The Minister of Justice thinks as you do, and would +like an immediate example to be made. It is unfortunate, I repeat, and +not only because, from principle, I am an opponent of the theory of +deterring by fear. Of all social evils this can least of all be cured +by the hangman. And if it is so rank nowadays, I do not think the +reason is to be found where you and His Excellency seek it, but in the +sudden impoverishment, the uncertainty of circumstances and the +brutality which, everywhere and always, follow upon a great war. The +true physicians are the political economist, the priest and the +schoolmaster!... Or have you ever perhaps known of a case among +educated people?"</p> + +<p class="normal">"Oh certainly!" answered Herr von Werner importantly. "I have, as it +happens, to preside to-morrow,--that is to say unless you will take the +case--at the conclusion of a trial against a criminal of that class; at +least she must be well-educated as she was governess in the house of a +Countess. See here--Case No. 19 on the list." He pointed with his +finger to the place.</p> + +<p class="normal">Then a dreadful thing happened. Hardly had Sendlingen glanced at the +name which Werner indicated, than he uttered a hollow choking cry, a +cry of deadly anguish. His face was livid, his features were distorted +by an expression of unutterable terror, his eyes started out of their +sockets and stared in a sort of fascination at the list before him.</p> + +<p class="normal">"Great Heavens!" cried Werner, himself much alarmed, as he seized his +chief's hand. "What is the matter with you? Do you know this girl?"</p> + +<p class="normal">Sendlingen made no reply. He closed his eyes, rested both arms on the +table and tried to rise. But his limbs refused to support him, and he +sank down in his chair like one in a faint.</p> + +<p class="normal">"Water! Help!" cried Werner, making for the bell.</p> + +<p class="normal">A movement of Sendlingen's stopped him. "It is nothing," he gasped with +white lips and parched throat. "An attack of my heart disease. It has +lately--become--much worse."</p> + +<p class="normal">"Oh!" cried Werner with genuine sympathy. "I never even suspected this +before. Everybody thought you were in the best of health. What do the +doctors say?"</p> + +<p class="normal">Again there was no answer. Breathing with difficulty, livid, his head +sunk on his breast, his eyes closed, Sendlingen lay back in his chair. +And when he raised his eyelids Werner met such a hopeless, despairing +look, that the old gentleman involuntarily started back.</p> + +<p class="normal">"May I," he began timidly, "call a doctor----"</p> + +<p class="normal">"No!" Sendlingen's refusal was almost angry. Again he attempted to rise +and this time he succeeded.</p> + +<p class="normal">"Thank you," he said feebly. "I must have frightened you. I am better +now and shall soon be quite well."</p> + +<p class="normal">"But you are going home?" +"Why should I? I will rest in this comfortable chair for half an hour +and then, my dear colleague, I shall be quite at your service again."</p> + +<p class="normal">The old gentleman departed but not without hesitation: even he was +really attached to Sendlingen. The other officials also received the +news of this attack with genuine regret, especially as Werner several +times repeated in his important manner:</p> + +<p class="normal">"Any external cause is quite out of the question, gentlemen, quite out +of the question. We were just quietly talking about judicial matters. +Ah, heart disease is treacherous, gentlemen, very treacherous."</p> + +<p class="normal">Hardly had the door closed, when Sendlingen sank down in his chair, +drew the lists towards him and again stared at that particular spot +with a look on his face as if his sentence of death was written there.</p> + +<p class="normal">The entry read thus: "Victorine Lippert. Born 25th January 1834 at +Radautz in the Bukowina. Governess. Child-murder. Transferred here from +the District Court at Gölotz on the 17th June 1852. Confessed. Trial to +be concluded 8th November 1852."</p> + +<p class="normal">The column headed "sentence" was still empty.</p> + +<p class="normal">"Death!" he muttered. "Death!" he repeated, loud and shrill, and a +shudder ran through his every fibre.</p> + +<p class="normal">He sank back and hid his face which had suddenly become wasted.</p> + +<p class="normal">"O my God!" he groaned. "I dare not let her die--her blood would cry +out against me, against me only."</p> + +<p class="normal">And he drew the paper towards him again and stared at the entry, +piteously and beseechingly, as though he expected a miracle from +Heaven, as though the letters must change beneath the intensity of his +gaze.</p> + +<p class="normal">The mid-day bells of the neighbouring cathedral aroused him from his +gloomy brooding. He rose, smoothed his disarranged hair, forced on his +accustomed look of quiet, and betook himself to Werner's room.</p> + +<p class="normal">"You see," he said. "I have kept my word and am all right again. Are +there any pressing matters to be rid of?"</p> + +<p class="normal">"Only one," answered Werner. "The Committee of Discipline has waited +your return, as it did not wish to decide an important case without +you."</p> + +<p class="normal">"Good, summon the Committee for five o'clock today."</p> + +<p class="normal">He now went the round of the other offices, answered the anxious +inquiries with the assurance that he was quite well again, and then +went down a long corridor to his own quarters which were in another +wing of the large building.</p> + +<p class="normal">His step was still elastic, his face pale but almost cheerful. Not +until he had given his servant orders to admit nobody, not even his +friend Berger, and until he had bolted his study-door, did he sink down +and then give himself up, without restraint, to the fury of a wild, +despairing agony.</p> +<br> +<br> +<br> +<br> +<h2>CHAPTER II.</h2> + +<p class="normal">For an hour or more the unhappy man lay groaning, and writhing like a +worm under the intensity of his wretchedness. Then he rose and with +unsteady gait went to his secretaire, and began to rummage in the +secret drawers of the old-fashioned piece of furniture.</p> + +<p class="normal">"I no longer remember where it is," he muttered to himself. "It is long +since I thought of the old story--but God has not forgotten it."</p> + +<p class="normal">At length he discovered what he was looking for: a small packet of +letters grown yellow with time. As he unloosed the string which tied +them, a small watercolour portrait in a narrow silver frame fell out: +it depicted the gentle, sweet features of a young, fair, grey-eyed +girl. His eyes grew moist as he looked at it, and bitter tears suddenly +coursed down his cheeks.</p> + +<p class="normal">He then unfolded the papers and began to read: they were long letters, +except the last but one which filled no more than two small sheets. +This he read with the greatest attention of all, read and re-read it +with ever-increasing emotion. "And I could resist such words!" he +murmured. "Oh wretched man that I am."</p> + +<p class="normal">Then he opened the last of the letters. "You evidently did not yourself +expect that I would take your gift," he read out in an undertone. And +then: "I do not curse you; on the contrary, I ardently hope that you +may at least not have given me up in vain."</p> + +<p class="normal">He folded the letters and tied them up. Then he undid them again and +buried himself once more in their melancholy contents.</p> + +<p class="normal">A knock at the door interrupted him: his housekeeper announced that +dinner was ready. This housekeeper was an honest, elderly spinster, +Fräulein Brigitta, whom he usually treated with the greatest +consideration. To-day he only answered her with a curt, impatient, +"Presently!" and he vouchsafed no lengthier reply to her question how +he was.</p> + +<p class="normal">But then he remembered some one else. "I must not fall ill," he said. +"I must keep up my strength. I shall need it all!" And after he had +locked up the letters, he went to the dining-room.</p> + +<p class="normal">He forced himself to take two or three spoonfuls of soup, and hastily +emptied a glass of old Rhine-wine. His man-servant, Franz, likewise a +faithful old soul, replenished it, but hesitatingly and with averted +countenance.</p> + +<p class="normal">"Where is Fräulein Brigitta?" asked Sendlingen.</p> + +<p class="normal">"Crying!" growled the old man. "Hasn't got used to the new state of +things! Nor have I! Nice conduct, my lord! We arrive in the morning +ill, we say nothing to an old and faithful servant, we go straight into +the Courts. There we fall down several times; we send for no doctor, +but writhe alone in pain like a wounded stag." The faithful old +fellow's eyes were wet.</p> + +<p class="normal">"I am quite well again, Franz," said Sendlingen re-assuringly.</p> + +<p class="normal">"We were groaning!" said the old man in a tone of the bitterest +reproach. "And since when have we declined to admit Herr Berger?"</p> + +<p class="normal">"Has he been here?"</p> + +<p class="normal">"Yes, on most important business, and would not believe that we +ourselves had ordered him to be turned away.... And now we are eating +nothing," he continued vehemently, as Sendlingen pushed his plate from +him and rose. "My Lord, what does this mean! We look as if we had seen +a ghost!"</p> + +<p class="normal">"No, only an old grumbler!" He intended this for an airy pleasantry but +its success was poor. "Do not be too angry with me."</p> + +<p class="normal">Then he returned to his chambers. "The old fellow is right," he +thought. "It was a ghost, a very ancient ghost, and its name is +Nemesis!" His eyes fell on the large calendar on the door: "7th +November 1852" he read aloud. "A day like every other--and yet ..."</p> + +<p class="normal">Then he passed his hand over his brow as if trying to recall who he +was, and rang the bell.</p> + +<p class="normal">"Get me," he said to the clerk who entered, "the documents relating to +the next three criminal trials."</p> + +<p class="normal">He stepped to the window and awaited the clerk's return with apparent +calm. He had not long to wait; the clerk entered and laid two goodly +bundles of papers on the table.</p> + +<p class="normal">"I have to inform you, my lord," said the clerk standing at attention +(he had been a soldier), "that only the papers relating to the trials +of the 9th and 10th November are in the Court-house. Those for +tomorrow's trial of Victorine Lippert for child-murder are still in the +hands of Counsel for the accused, Dr. George Berger."</p> + +<p class="normal">Sendlingen started. "Did the accused choose her Counsel?"</p> + +<p class="normal">"No, my lord, she refused any defence because she is, so to speak, a +poor despairing creature who would prefer to die. Herr von Werner +therefore, ex-officio, allotted her Dr. Kraushoffer as Counsel, and, +when he became ill, Dr. Berger. Dr. Kraushoffer was only taken ill the +day before yesterday and therefore Dr. Berger has been allowed to keep +the papers till tomorrow morning early. Does your Lordship desire that +I should ask him for them?"</p> + +<p class="normal">"No. That will do."</p> + +<p class="normal">He went back to the niche by the window. "A poor creature who would +prefer to die!" he said slowly and gloomily. Frightful images thronged +into his mind, but the poor worn brain could no longer grasp any clear +idea. He began to pace up and down his room rapidly, almost staggering +as he went.</p> + +<p class="normal">"Night! night!" he groaned: he felt as if he were wandering aimlessly +in pitchy darkness, while every pulsation of lost time might involve +the sacrifice of a human life. Then his face brightened again, it +seemed a good omen that Berger was defending the girl: he knew his +friend to be the most conscientious barrister on the circuit. "And if I +were to tell him fully what she is to me--" But he left the sentence +unfinished and shook his head.</p> + +<p class="normal">"I could not get the words out," he murmured looking round quite +scared, "not even to him!"</p> + +<p class="normal">"And why should I?" he then thought. "Berger will in any case, from his +own love of justice, do all that is in his power."</p> + +<p class="normal">But what result was to be expected? The old judges, unaccustomed to +speeches, regarded the concluding proceedings rather as a formality, +and decided on their verdict from the documents, whatever Counsel might +say. It depended entirely on their opinion and what Werner thought of +the crime he had explained a few hours ago! And even if before that he +had been of another opinion, now that he knew the opinion of the +Minister of Justice.... "Fool that I am," said Sendlingen between his +teeth, "it was I who told him!" Again he looked half-maddened by his +anguish and wandered about the room wringing his hands.</p> + +<p class="normal">Suddenly he stopped. His face grew more livid, his brows contracted in +a dark frown, his lips were tightly pressed together. A new idea had +apparently occurred to him, a dark uncanny inspiration, against which +he was struggling but which returned again and again, and took +possession of him. "That would be salvation," he muttered. "If +to-morrow's sentence is only for a short term of imprisonment, the +higher Court would never increase it to a sentence of death!"</p> + +<p class="normal">He paced slowly to the window, his head bowed as if the weight of that +thought lay upon his neck like a material burden, and stared out into +the street. The early shades of the autumn evening were falling; on the +other side of a window in a building opposite, a young woman entered +with a lamp for her husband. She placed it on his work-table, and +lightly touched his hair with her lips. Sendlingen saw it plainly, he +could distinguish every piece of furniture in the room and also the +features of the couple, and as he knew them, he involuntarily whispered +their names. But his brain unceasingly continued to spin that dark web, +and at times his thoughts escaped him in a low whisper.</p> + +<p class="normal">"What is there to prevent me? Nobody knows my relationship to her and +she herself has no suspicion. I am entitled to it, and it would arouse +no suspicion. Certainly it would be difficult, it would be a horrible +time, but how much depends on me!"</p> + +<p class="normal">"Wretch!" he suddenly cried, in a hard, hoarse voice. "The world does +not know your relationship, but you know it! What you intend is a +crime, it is against justice and law!"</p> + +<p class="normal">"Oh my God!" he groaned: "Help me! Enlighten my poor brain! Would it +not be the lesser crime if I were to save her by dishonourable means, +than if I were to stand by with folded arms and see her delivered to +the hangman! Can this be against Thy will, Thou who art a God of love +and mercy? Can my honour be more sacred than her life?"</p> + +<p class="normal">He sank back and buried his face in his hands. "But it does not concern +my honour alone," he said. "It would be a crime against Justice, +against the most sacred thing on earth! O my God, have mercy upon me!"</p> + +<p class="normal">While he lay there in the dark irresolute, his body a prey to fever, +his soul torn by worse paroxysms, he heard first of all a gentle, then +a louder knocking at the door. At length it was opened.</p> + +<p class="normal">"My Lord!" said a loud voice: it was Herr von Werner.</p> + +<p class="normal">"Here I am," quickly answered Sendlingen rising.</p> + +<p class="normal">"In the dark?" asked old Werner with astonishment. "I thought perhaps +you had forgotten the appointment--it is five o'clock and the members +of the Committee of Discipline are waiting for us. Has your +indisposition perhaps returned?"</p> + +<p class="normal">"No! I was merely sitting in deep thought and forgot to light the +candles. Come, I am quite ready."</p> + +<p class="normal">"Will you allow me a question?" asked Werner, stepping forward as far +as the light which streamed in from the corridor. "In fact it is a +request. The clerk told me that you had been asking to see the +documents relating to to-morrow's trial. Would you perhaps like to +preside at it?"</p> + +<p class="normal">Sendlingen did not answer at once. "I am not posted up in the matter," +he at length said with uncertain voice.</p> + +<p class="normal">"The case is very simple and a glance at the deed of accusation would +sufficiently inform you. In fact I took the liberty of asking this +question in order to have the documents fetched at once from Herr +Berger. I myself--hm, my daughter, the wife of the finance counsellor, +is in fact expecting, as I just learn, tomorrow for the first +time--hm,--a happy event. It is natural that I should none the less be +at the disposal of the Court, but--hm,--trusting to your official +goodnature----"</p> + +<p class="normal">Sendlingen had supported himself firmly against the back of the chair. +His pulses leapt and his voice trembled as he answered:</p> + +<p class="normal">"I will take the case."</p> + +<p class="normal">Then both the men started for the Court. When they came out into the +full light of the corridor, Werner looked anxiously at his chief. "But +indeed you are still very white!" he cried. "And your face has quite a +strange expression. You appear to be seriously unwell, and I have just +asked you----"</p> + +<p class="normal">"It is nothing!" interrupted Sendlingen impatiently. "Whom does our +present transaction relate to?"</p> + +<p class="normal">"You will be sorry to hear of it," was the answer, "I know that you too +had the best opinion of the young man. It relates to Herbich, an +assistant at the Board of Trade office: he has unfortunately been +guilty of a gross misuse of his official position."</p> + +<p class="normal">"Oh--in what way?"</p> + +<p class="normal">"Money matters," answered Werner cursorily, and he beckoned to a +messenger and sent him to Berger's.</p> + +<p class="normal">They then entered the Court where the three eldest Judges were already +waiting for them. The Chief Justice opened the sitting and called for a +report of the case to be read.</p> + +<p class="normal">It was different from what one would have expected from Werner's +intimation: Herbich had not become a criminal through greed of gain. +His mother, an old widow, had, on his advice, lent her slender fortune +which was to have served as her only daughter's dowry, to a friend of +his, a young merchant of excellent reputation. Without any one +suspecting it, this honourable man had through necessity gradually +become bankrupt, and when Herbich one morning entered his office at the +Board of Trade, he found the manager of a factory there who, to his +alarm, demanded a decree summoning a meeting of his friend's creditors. +Instead of fulfilling this in accordance with the duties of his office, +he hurried to the merchant and induced him by piteous prayers to return +the loan on the spot. Not till then did he go back to the office and +draw up the necessary document. By the inquiries of other creditors +whose fractional share had been diminished by this, the matter came to +light. Herbich was suspended, though left at liberty. There was no +permanent loss to the creditors, as the sister had in the meantime +returned the whole of the amount to the administrator of the estate. +The report recommended that the full severity of the law should take +effect, and that the young man should not only be deprived of his +position, but should forthwith be handed over to justice.</p> + +<p class="normal">Sendlingen had listened to the lengthy report motionless. Only once had +he risen, to arrange the lampshade so that his face remained in +complete shadow. Then he asked whether the committee would examine the +accused. It was in no way bound to do so, though entitled to, and +therefore Herbich had been instructed to hold himself in waiting at the +Court at the hour of the inquiry.</p> + +<p class="normal">The conductor of the inquiry was opposed to any examination. Not so +Baron Dernegg, one of the Judges, a comfortable looking man with a +broad, kindly face. It seemed to him, he explained, that the +examination was a necessity, as in this way alone could the motives of +the act be brought fully to light. The Committee was equally divided on +the subject: the casting vote therefore lay with Sendlingen. He +hesitated a long while, but at length said with a choking voice: "It +seems to me, too, that it would be humane and just to hear the +unfortunate man."</p> + +<p class="normal">Herbich entered. His white, grief-worn face flushed crimson as he saw +the Judges, and his gait was so unsteady that Baron Dernegg +compassionately motioned him to sit down. The trembling wretch +supported himself on the back of a chair as he began laboriously, and +almost stutteringly, to reply to the Chief Justice's question as to +what he had to say in his defence.</p> + +<p class="normal">He told of his intimate friendship with the merchant and how it was +entirely his own doing that the loan had been made. When he came to +speak of his offence his voice failed him until at length he blurted +out almost sobbing: "No words can express how I felt then!... My sister +had recently been betrothed to an officer. The money was to have served +as the guarantee required by the war-office; if it was lost the wedding +could not take place and the life's happiness of the poor girl would +have been destroyed. I did not think of the criminality of what I was +doing. I only followed the voice of my heart which cried out: 'Your +sister must not be made unhappy through your fault!' My friend's +resistance first made me conscious of what I had begun to do! I sought +to reassure him and myself by sophisms, pointing out how insignificant +the sum was compared with his other debts, and that any other creditor +would have taken advantage of making the discovery at the last moment. +I seemed to have convinced him, but, as for myself, I went away with +the consciousness of being a criminal."</p> + +<p class="normal">He stopped, but as he continued his voice grew stronger and more +composed.</p> + +<p class="normal">"A criminal certainly! But my conscience tells me that of two crimes I +chose the lesser. But to no purpose: the thing came out; my sister +sacrificed her money and her happiness. I look upon my act now as I did +then. Happy is the man who is spared a conflict between two duties, +whose heart is not rent, whose honour destroyed, as mine has been; but +if he were visited as I was, he would act as I acted if he were a man +at all! And now I await your verdict, for what I have left to say, +namely what I once was, you know as well as I do!"</p> + +<p class="normal">A deep silence followed these words. It was for Sendlingen to break it +either by another question or by dismissing the accused. He, however, +was staring silently into space like one lost to his surroundings. At +length he murmured: "You may go."</p> + +<p class="normal">The discussion among the Judges then began and was hotly carried on, as +two opposite views were sharply outlined. Baron Dernegg and the fourth +Judge were in favour of simple dismissal without any further +punishment, while the promoter, supported by Werner, was in favour of +his original proposition. The matter had become generally known, he +contended, and therefore the dignity of Justice demanded a conspicuous +satisfaction for the outraged law.</p> + +<p class="normal">The decision again rested with Sendlingen, but it seemed difficult for +him to pronounce it. "It is desirable, gentlemen," he said, "that your +verdict should be unanimous. Perhaps you will agree more easily in an +informal discussion. I raise the formal sitting for a few minutes."</p> + +<p class="normal">But he himself took no part in their discussion, but stepped to the +window. He pressed his burning forehead against the cool glass: his +face again wore that expression of torturing uncertainty. But gradually +his features grew composed and assumed a look of quiet resolve. When +Werner approached and informed him that both parties still adhered +obstinately to their own opinion, he stepped back to the table and said +in a loud, calm voice:</p> + +<p class="normal">"I cast my vote for the opinion of Baron Dernegg. The dignity of +Justice does not, in my opinion, require to be vindicated only by +excessive severity; dismissal from office and ruin for life are surely +sufficient punishment for a fatal <i>error</i>."</p> + +<p class="normal">Werner in spite of his boundless respect for superiors, could not +suppress a movement of surprise.</p> + +<p class="normal">Sendlingen noticed it. "An error!" he repeated emphatically. "Whoever +can put himself in the place of this unfortunate man, whoever can +comprehend the struggles of his soul, must see that, according to his +own ideas, he had indeed to choose between two crimes. His error was to +consider that the lesser crime which in reality was the greater. I have +never been a blind partisan of the maxim: 'Fiat justitia et pereat +mundus,'--but I certainly do consider it a sacred matter that every +Judge should act according to law and duty, even if he should break his +heart in doing so! However, I repeat, it was an error, and therefore it +seems to me that the milder of the two opinions enforces sufficient +atonement."</p> + +<p class="normal">Then he went up to Werner. "Forgive me," he said, "if I withdraw my +promise in regard to tomorrow's trial. I am really not well enough to +preside."</p> + +<p class="normal">"Oh! please--hm!--well if it must be so."</p> + +<p class="normal">"It must be so," said Sendlingen, kindly but resolutely. "Good evening, +gentlemen."</p> +<br> +<br> +<br> +<br> +<h2>CHAPTER III.</h2> + +<p class="normal">Sendlingen went to his own quarters; his old manservant let him in and +followed him with anxious looks into his study.</p> + +<p class="normal">"You may go, Franz!" he said shortly and sharply. "I am not at home to +anybody."</p> + +<p class="normal">"And should Dr. Berger?"</p> + +<p class="normal">"Berger?" He shook his head decidedly. Then he seemed to remember some +one else. "I will see him," he said, drawing a deep breath.</p> + +<p class="normal">The old man went out hesitatingly: Sendlingen was alone. But after a +few minutes the voice of his friend was audible in the lobby, and +Berger entered with a formidable bundle of documents under his arm.</p> + +<p class="normal">"Well, how goes it now?" cried the portly man, still standing in the +doorway. "Better, certainly, as you are going to preside to-morrow. +Here are the papers."</p> + +<p class="normal">He laid the bundle on the table and grasped Sendlingen's outstretched +hand. "A mill-stone was rolled from my neck when the messenger came. In +the first place, I knew you were better again, and secondly the chief +object of my visit at noon to-day was attained without my own +intervention."</p> + +<p class="normal">"Did you come on that account?"</p> + +<p class="normal">"Yes, Victor,--and not merely to greet you." The advocate's broad, open +face grew very serious. "I wanted to draw your attention to to-morrow's +trial, not only from motives of pity for the unfortunate girl, but also +in the interests of Justice. Old Werner, who gets more and more +impressed with the idea that he is combating the Revolution in every +case of child-murder, is not the right Judge for this girl. 'There are +cases,' once wrote an authority on criminal law, 'where a sentence of +death accords with the letter of the law, but almost amounts to +judicial murder.' I hope you will let this authority weigh with you, +though you yourself are he. Now then, if Werner is put in a position +to-morrow to carry out the practice to which he has accustomed himself +in the last few weeks, we shall have one of these frightful cases."</p> + +<p class="normal">Sendlingen made no reply. His limbs seemed to grow rigid and the +beating of his heart threatened to stop. "How--how does the case +stand?" he at length blurted out hoarsely and with great effort.</p> + +<p class="normal">"Your voice is hoarse," remarked Berger innocently. "You must have +caught cold on the journey. Well, as to the case." He settled himself +comfortably in his chair. "It is only one of the usual, sad stories, +but it moved me profoundly after I had seen and spoken to the poor +wretch. Victorine Lippert is herself an illegitimate child and has +never found out who her father was; even after her mother's death no +hint of it was found among her possessions. As she was born in Radautz, +a small town in the Bukowina, and as her mother was governess in the +house of a Boyar, it is probable that she was seduced by one of these +half-savages or perhaps even a victim to violence. I incline to the +latter belief, because Hermine Lippert's subsequent mode of life and +touching care for her child, are against the surmise that she was of +thoughtless disposition. She settled in a small town in Styria and made +a scanty living by music lessons. Forced by necessity, she hazarded the +pious fraud of passing as a widow,--otherwise she and her child must +have starved. After eight years a mere chance disclosed the deception +and put an end to her life in the town. She was obliged to leave, but +obtained a situation as companion to a kind-hearted lady in Buda-Pesth, +and being now no longer able to keep her little daughter with her, she +had her brought up at a school in Gratz. Mother and child saw one +another only once a year, but kept up a most affectionate +correspondence. Victorine was diligent in her studies, grave and +accomplished beyond her years, and justified the hope that she would +one day earn a livelihood by her abilities. This sad necessity came +soon enough. She lost her mother when she was barely fifteen: the +Hungarian lady paid her school fees for a short time, and then the +orphan had to help herself. Her excellent testimonials procured +her the post of governess in the family of the widowed Countess +Riesner-Graskowitz at Graskowitz near Golotz. She had the charge of two +small nieces of the Countess and was patient in her duties, in spite of +the hardness of a harsh and utterly avaricious woman. In June of last +year, her only son, Count Henry, came home for a lengthy visit."</p> + +<p class="normal">Sendlingen sighed deeply and raised his hand.</p> + +<p class="normal">"You divine the rest?" asked Berger. "And indeed it is not difficult to +do so! The young man had just concluded his initiation into the +diplomatic service at our Embassy in Paris, and was to have gone +on to Munich in September as attaché. Naturally he felt bored in the +lonely castle, and just as naturally he sought to banish his boredom +by trying to seduce the wondrously beautiful, girlish governess. +He heaped upon her letters full of glowing protestations--I mean to +read some specimens to-morrow, and amongst them a valid promise of +marriage--and the girl of seventeen was easily fooled. She liked the +handsome, well-dressed fellow, believed in his love as a divine +revelation and trusted in his oaths. You will spare me details, I +fancy; this sort of thing has often happened."</p> + +<p class="normal">"Often happened!" repeated Sendlingen mechanically, passing his hand +over his eyes and forehead.</p> + +<p class="normal">"Well to be brief! When the noble Count Henry saw that the girl was +going to become a mother before she herself had any suspicion of it, he +determined to entirely avoid any unpleasantness with his formidable +mother, and had himself sent to St. Petersburg. Meantime a good-natured +servant girl had explained her condition to the poor wretch and had +faithfully comforted her in her boundless anguish of mind, and helped +her to avoid discovery. Her piteous prayers to her lover remained +unanswered. At length there came a letter--and this, too, I shall read +to-morrow--in which the scoundrel forbade any further molestation and +even threatened the law. And now picture the girl's despair when, +almost at the same time, the countess discovered her secret,--whether +by chance or by a letter of the brave count, is still uncertain. +Certainly less from moral indignation than from fear of the expense, +this noble lady was now guilty of the shocking brutality of having the +poor creature driven out into the night by the men-servants of the +house! It was a dark, cold, wet night in April: shaken with fever and +weary to death, the poor wretch dragged herself towards the nearest +village. She did not reach it; halfway, in a wood, some peasants from +Graskowitz found her the next morning, unconscious. Beside her lay her +dead, her murdered child."</p> + +<p class="normal">Sendlingen groaned and buried his face in his hands.</p> + +<p class="normal">"Her fate moves you?" asked Berger. "It is certainly piteous enough! +The men brought her to the village and informed the police at Golotz. +The preliminary examination took place the next day. It could only +establish that the child had been strangled; it was impossible to take +the depositions of the murderess: she was in the wildest delirium, and +the prison-doctor expected her to die. But Fate," Berger rose and his +voice trembled--"Fate was not so merciful. She recovered, and was sent +first to Golotz and then brought here. She admitted that in the +solitude of that dreadful night, overcome by her pains, forsaken of God +and man, she formed the resolve to kill herself and the child--when and +how she did the deed she could not say. I am persuaded that this is no +lie, and I believe her affirmation that it was only unconsciousness +that prevented her suicide. Doesn't that appear probable to you too?"</p> + +<p class="normal">Sendlingen did not answer. "Probable," he at length muttered, "highly +probable!"</p> + +<p class="normal">Berger nodded. "Thus much," he continued, "is recorded in the judicial +documents, and as all this is certainly enough to arouse sympathy, I +went to see her as soon as the defence was allotted to me. Since that I +have learnt more. I have learnt that a true and noble nature has been +wrecked by the baseness of man. She must have been not only +fascinatingly beautiful, but a character of unusual depth and purity. +One can still see it, just as fragments of china enable us to guess the +former beauty of a work of art. For this vessel is broken in pieces, +and her one prayer to me was: not to hinder the sentence of death!... +But I cannot grant this prayer," he concluded. "She must not die, were +it only for Justice's sake! And a load is taken off my heart to think +that a human being is to preside at the trial to-morrow, and not a +rhetoric machine!"</p> + +<p class="normal">He had spoken with increasing warmth, and with a conviction of spirit +which this quiet, and indeed temperate man, seldom evinced.</p> + +<p class="normal">His own emotion prevented him from noticing how peculiar was his +friend's demeanour. Sendlingen sat there for a while motionless, his +face still covered with his hands, and when he at length let them fall, +he bowed his head so low that his forehead rested on the edge of the +writing-table. In this position he at last blurted forth:</p> + +<p class="normal">"I cannot preside to-morrow."</p> + +<p class="normal">"Why not?" asked Berger in astonishment. "Are you really ill?" And as +he gently raised his friend's head and looked into his worn face he +cried out anxiously: "Why of course--you are in a fever."</p> + +<p class="normal">Sendlingen shook his head. "I am quite well, George! But even if it +cost me my life, I would not hand over this girl to the tender mercies +of others, if only I dared. But I dare not!"</p> + +<p class="normal">"You <i>dare</i> not!"</p> + +<p class="normal">"The law forbids it!"</p> + +<p class="normal">"The law? You are raving!"</p> + +<p class="normal">"No! no!" cried the unhappy man springing up. "I would that I were +either mad or dead, but such is not my good fortune! The law forbids +it, for a father----"</p> + +<p class="normal">"Victor!"</p> + +<p class="normal">"Everything tallies, everything! The mother's name--the place--the year +of birth--and her name is Victorine."</p> + +<p class="normal">"Oh my God! She is your----"</p> + +<p class="normal">"My daughter," cried the unfortunate wretch in piercing tones and then +quite broke down.</p> + +<p class="normal">Berger stood still for an instant as if paralysed by pity and +amazement! Then he hurried to his friend, raised him and placed him in +his arm-chair. "Keep calm!" he murmured. "Oh! it is frightful!... Take +courage!... The poor child!" He was himself as if crushed by the weight +of this terrible discovery.</p> + +<p class="normal">Breathing heavily, Sendlingen lay there, his breast heaving +convulsively; then he began to sob gently; far more piteously than +words or tears, did these despairing, painfully subdued groans betray +how exceedingly he suffered. Berger stood before him helplessly; he +could think of no fitting words of comfort, and he knew that whatever +he could say would be said in vain.</p> + +<p class="normal">The door was suddenly opened loudly and noisily; old Franz had heard +the bitter lamenting and could no longer rest in the lobby. "My Lord!" +he screamed, darting to the sufferer. "My dear good master."</p> + +<p class="normal">"Begone!" Sendlingen raised himself hastily. "Go, Franz--I beg!" he +repeated, more gently.</p> + +<p class="normal">But Franz did not budge. "We are in pain," he muttered, "and Fräulein +Brigitta may not come in and I am sent away! What else is Franz in the +world for?" He did not go until Berger by entreaties and gentle force +pushed him out of the door.</p> + +<p class="normal">Sendlingen nodded gratefully to his friend.</p> + +<p class="normal">"Sit here," he said, pointing to a chair near his own. "Closer +still--so! You must know all, if only for her sake! You shall have no +shred of doubt as to whom you are defending to-morrow, and perhaps you +may discover the expedient for which I have racked my brain in vain. +And indeed I desire it on my own account. Since the moment I discovered +it I feel as if I had lost everything. Everything--even myself! You are +one of the most upright men I know; you shall judge me, George, and in +the same way that you will defend this poor girl, with your noble heart +and clear head. Perhaps you will decide that some other course is +opened to me beside----"</p> + +<p class="normal">He stopped and cast a timid glance at a small neat case that lay on his +writing-table. Berger knew that it contained a revolver.</p> + +<p class="normal">"Victor!" he cried angrily and almost revolted.</p> + +<p class="normal">"Oh, if you knew what I suffer! But you are right, it would be +contemptible. I dare not think of myself. I dare not slink out of the +world. I have a duty to my child. I have neglected it long enough,--I +must hold on now and pay my debt. Ah! how I felt only this morning, and +now everything lies around me shivered to atoms. Forgive me, my poor +brain can still form no clear thought! But--I will--I must. Listen, I +will tell you, as if you were the Eternal Judge Himself, how everything +came about."</p> +<br> +<br> +<br> +<br> +<h2>CHAPTER IV.</h2> + +<p class="normal">After a pause he began: "I must first of all speak of myself and what I +was like in those days. You have only known me for ten years: of my +parents, of my childhood, you know scarcely anything. Mine was a +frightful childhood, more full of venom and misery than a man can often +have been condemned to endure. My parents' marriage--it was hell upon +earth, George! In our profession we get to know many fearful things, +but I have hardly since come across anything like it. How they came to +be married, you know,--all the world knows. I am convinced that they +never loved one another; her beauty pleased his senses, and his +condescension may have flattered her. No matter! from the moment that +they were indissolubly bound, they hated one another. It is difficult +to decide with whom the fault began; perhaps it lay first of all at my +father's door. Perhaps the common, low-born woman would have been +grateful to him for having made her a Baroness and raised her to a +higher rank in life, if only he had vouchsafed her a little patience +and love. But he could not do that, he hated her as the cause of his +misfortune, and she repaid him ten-fold in insult and abuse, and in +holding him up, humbled enough already, to the derision and gossip of +the little town.</p> + +<p class="normal">"Betwixt these two people I grew up. I should have soon got to know the +terms they were on even if they had striven anxiously to conceal them, +but that they did not do. Or rather: he attempted to do so, and that +was quite sufficient reason for her to drag me designedly into their +quarrels, for she knew that this was a weapon wherewith to wound him +deeply. And when she saw that he idolized me as any poor wretch does +the last hope and joy that fate has left him, she hated me. On that +account and on that account alone, she knew that every scolding, every +blow, she gave me, cut him to the quick. No wonder that I hated and +feared her, as much as I loved and honoured my father.</p> + +<p class="normal">"What he had done I already accurately knew by the time I was a boy of +six: he had married out of his rank and a Sendlingen might not do that! +For doing so his father had disowned him, for doing so he had to go +through life in trouble and misery, in a paltry hole and corner where +the people mocked at his misfortune. My mother was our curse!--Oh, how +I hated her for this, how by every fresh ill-usage at her hands, my +heart was more and more filled with bitter rancour.</p> + +<p class="normal">"You shudder, George?" he said stopping in his story. "This glimpse +into a child's soul makes you tremble? Well--it is the truth, and you +shall hear everything that happened.</p> + +<p class="normal">"If I did not become wicked, I have to thank my father for it. I was +diligent because it gave him pleasure. I was kind and attentive to +people because he commanded it. He was often ill; what would have +become of me if I had lost him then and grown up under my mother's +scourge, I dare not think. I was spared this greatest evil: his +protecting hand continued to be stretched out over me, and when we +moved to Klagenfurth he began to live again. The intercourse with +educated people revived him and he was once more full of hope and +endeavour. My mother now began to be ill and a few months after our +arrival she died. We neither of us rejoiced at her death, but what we +felt as we stood by her open coffin was a sort of silent horror.</p> + +<p class="normal">"And now came more happy days, but they did not last long. Mental +torture had destroyed my father's vitality, and the rough +mountain-climate had injured his lungs. The mild air of the plain +seemed to restore him for a time, but then the treacherous disease +broke out in all its virulence. He did not deceive himself about his +condition, but he tried to confirm me in hope and succeeded in doing +so. When, after a melancholy winter, in the first days of spring, his +cough was easier and his cheeks took colour, I, like a thoughtless boy, +shouted for joy,--he however knew that it was the bloom of death.</p> + +<p class="normal">"And he acted accordingly. One May morning--I had just completed my +fourteenth year--he came to my bed-side very early and told me to dress +myself with all speed. 'We are going for an excursion,' he said. There +was a carriage at the door. We drove through the slumbering town and +towards the Wörther-see. It was a lovely morning, and my father was so +affectionate--it seemed to me the happiest hour I had ever had! When we +got to Maria Wörth, the carriage turned off from the lake-side and we +proceeded towards the Tauer Mountains through a rocky valley, until we +stopped at the foot of a hill crowned with a ruin. Slowly we climbed up +the weed-grown path; every step cost the poor invalid effort and pain, +but when I tried to dissuade him he only shook his head. 'It must be +so!' he said, with a peculiarly earnest look. At length we reached the +top. Of the old building, little remained standing except the outer +walls and an arched gateway. 'Look up yonder,' he said, solemnly. 'Do +you recognize that coat of arms?' It consisted of two swords and a St. +Andrew's cross with stars in the field."</p> + +<p class="normal">"Your arms?" asked Berger.</p> + +<p class="normal">Sendlingen nodded. "They were the ruins of Sendlingen Castle, once our +chief possession on Austrian soil. My father told me this, and began to +recount old stories, how our ancestor was a cousin of Kaiser Conrad and +had been a potentate of the Empire, holding lands in Franconia and +Suabia, and how his grandson, a friend of one of the Hapsburgs, had +come to Carinthia and there won fresh glory for the old arms. It was a +beautiful and affecting moment,--at our feet the wild, lonely +landscape, dreamily beautiful in the blue atmosphere of a spring day, +no sound around us save the gentle murmur of the wind in the wild +elder-trees, and with all this the tones of his earnest, enthusiastic +voice. My father had never before spoken as he did then, and while he +spoke, there rose before my eyes with palpable clearness the long line +of honourable nobles who had all gloriously borne first the sword and +then the ermine, and the more familiar their age and their names +became, the higher beat my heart, the prouder were my thoughts and +every thought was a vow to follow in their footsteps.</p> + +<p class="normal">"My father may have guessed what was passing in my heart, he drew me +tenderly to him, and as he told me of his own father, the first judge +and nobleman of the land, tears started from his eyes. 'He was the last +Sendlingen worthy of the name,' he concluded, 'the last!'</p> + +<p class="normal">"'Father,' I sobbed, 'whatever I can and may do will be done, but you +too will now have a better fate.'</p> + +<p class="normal">"'I!' he broke in, 'I have lived miserably and shall die miserably! But +I will not complain of my fate, if it serves as a warning to you. +Listen to me, Victor, my life may be reckoned by weeks, perhaps by +days, but if I know my cousins aright, they will not let you stand +alone after my death. They will not forget that you are a Sendlingen, +so long as you don't forget it yourself. And in order that you may +continue mindful of it, I have brought you hither before I die! Unhappy +children mature early; you have been in spite of all my love, a very +unhappy child, Victor, and you have long since known exactly why my +life went to pieces. Swear to me to keep this in mind and that you will +be strict and honourable in your conduct, as a Sendlingen is in duty +bound to be.'</p> + +<p class="normal">"'I swear it!' I exclaimed amid my tears.</p> + +<p class="normal">"'One thing more!' he continued, 'I must tell you, although you are +still a boy, but I have short time to stay and better now than not at +all! It is with regard to women. You will resist my temptations, I am +sure. But if you meet a woman who is noble and good but yet not of your +own rank, and if your heart is drawn to her, imperiously, irresistibly, +so that it seems as if it would burst and break within your breast +unless you win her, then fly from her, for no blessing can come of it +but only curses for you both. Curses and remorse, Victor--believe your +father who knows the world as it is.... Swear to me that you will never +marry out of your rank!'</p> + +<p class="normal">"'I swear it!' I repeated.</p> + +<p class="normal">"'Well and good,' he said solemnly. 'Now I have fulfilled my duty and +am ready ... let us go, Victor.'</p> + +<p class="normal">"He was going to rise, but he had taxed his wasted lungs beyond their +strength: he sank back and a stream of blood gushed from his lips. It +was a frightful moment. There I stood, paralysed with fear, helpless, +senseless, beside the bleeding man--and when I called for help, there +was not a soul to hear me in that deep solitude. I had to look on while +the blood gushed forth until my father utterly broke down. I thought he +was dead but he had only fainted. A shepherd heard the cry with which I +threw myself down beside him, he fetched the driver, they got us into +the carriage and then to Klagenfurth. Two days later my poor father +died."</p> + +<p class="normal">He stopped and closed his eyes, then drew a deep breath and continued:</p> + +<p class="normal">"You know what became of me afterwards. My dying father was not +deceived in his confidence: the innocent boy, the last of the +Sendlingens, was suddenly overwhelmed with favours and kindness. It was +strange how this affected me, neither moving me, nor exalting, nor +humbling me. Whatever kindness was done me, I received as my just due; +it was not done to me, but to my race in requital for their services, +and I had to make a return by showing myself worthy of that race. All +my actions were rooted in this pride of family: seldom surely has a +descendant of princes been more mightily possessed of it. If I strove +with almost superhuman effort to fulfil all the hopes that were set on +me at school, if I pitilessly suppressed every evil or low stirring of +the heart, I owe it to this pride in my family: the Sendlingen had +always been strong in knowledge, strict to themselves, just and good to +others,--<i>must</i> I not be the same? And if duty at times seemed too +hard, my father's bitter fate rose before me like a terrifying +spectre, and his white face of suffering was there as a pathetic +admonition--both spurring me onward. But the same instinct too +preserved me from all exultation now that praise and honour were +flowing in upon me; it might be a merit for ordinary men to distinguish +themselves, with a Sendlingen it was a duty!</p> + +<p class="normal">"And so I continued all those years, first at school, then at the +University, moderate, but a good companion, serious but not averse to +innocent pleasures. I had a liking for the arts, I was foremost in the +ball-room and in the Students' Réunions,--in one thing only I kept out +of the run of pleasure: I had never had a love-affair. My father's +warning terrified me, and so did that old saying: 'A Sendlingen can +never be a scoundrel!' And however much travelling changed my views in +the next few years, in this one thing I continued true to myself. +Certainly this cost me no great struggle. Many a girl whom I had met in +the society I frequented appeared lovable enough, but I had not fallen +in love with any, much less with a girl not of my own rank, of whom I +hardly knew even one.</p> + +<p class="normal">"So I passed in this respect as an exemplary young man, too exemplary, +some thought, and perhaps not without reason. But whoever had taken me +at the time I entered upon my legal career, for an unfeeling calculator +with a list of the competitors to be outstripped at all costs, in the +place where other people carry a palpitating heart, would have done me +a great injustice. I was ambitious, I strove for special promotion, not +by shifts and wiles, but by special merit. And as to my heart,--oh! +George, how soon I was to know what heart-ache was, and bliss and +intoxication, and love and damnation!"</p> + +<p class="normal">He rose, opened his writing-table, and felt for the secret drawer. But +he did not open it; he shook his head and withdrew his hand. "It would +be of no use," he murmured, and remained for awhile silently brooding.</p> + +<p class="normal">"That was in the beginning of your career?" said Berger, to recall him.</p> + +<p class="normal">"Yes," he answered. "It was more than twenty years ago, in the winter +of 1832. I had just finished my year of probation at Lemburg under the +eyes of the nearest and most affectionate of my relations, Count +Warnberg, who was second in position among the judges there. He was an +uncle, husband of my father's only sister. He had evinced the most +cruel hardness to his brother-in-law, to me he became a second father. +At his suggestion and in accordance with my own wish, I was promoted to +be criminal Judge in the district of Suczawa. The post was considered +one of the worst in the circuit, both my uncle and I thought it the +best thing for me, because it was possible here within a very short +time, to give conclusive proof of my ability. Such opportunities, +however, were more abundant than the most zealous could desire: in +those days there prevailed in the southern border-lands of the +Bukowina, such a state of things as now exists only in the Balkan +Provinces or in Albania. It was perhaps the most wretched post in the +whole Empire, and in all other respects exceptionally difficult. The +ancient town, once the capital of the Moldavian Princes, was at +that time a mere confusion of crumbling ruins and poverty-stricken +mud-cabins crowded with dirty, half-brutalized Roumanians, Jews and +Armenians. Moreover my only colleague in the place was the civil judge, +a ruined man, whom I had never seen sober. My only alternative +therefore was either to live like an anchorite, or to go about among +the aristocracy of the neighborhood.</p> + +<p class="normal">"When I got to know these noble Boyars, the most educated of them ten +times more ignorant, the most refined ten times more coarse, the most +civilized ten times more unbridled than the most ignorant, the coarsest +and the most unbridled squireen of the West, I had no difficulty in +choosing: I buried myself in my books and papers. But man is a +gregarious animal--and I was so young and spoiled, and so much in need +of distraction from the comfortless impressions of the day, that I grew +weary after a few weeks and began to accept invitations. The +entertainments were always the same: first there was inordinate eating, +then inordinate drinking, and then they played hazard till all hours. +As I remained sober and never touched a card, I was soon voted a +wearisome, insupportable bore. Even the ladies were of this opinion, +for I neither made pretty speeches, nor would I understand the looks +with which they sometimes favoured me. That I none the less received +daily invitations was not to be wondered at; a real live Baron of the +Empire was, whatever he might be, a rare ornament for their 'salons,' +and to many of these worthy noblemen it seemed desirable in any case to +be on a good footing with the Criminal Judge.</p> + +<p class="normal">"One of them had particular reason for this, Alexander von Mirescul, a +Roumanianised Greek; his property lay close to the Moldavian frontier +and passed for the head-quarters of the trade in tobacco smuggling. He +was not to be found out, and when I saw him for the first time, I +realized that that would be a difficult business; the little man with +his yellow, unctuous face seemed as if he consisted not of flesh and +bone, but of condensed oil. It was in his voice and manner. He was +manifestly much better educated and better mannered than the rest, as +he was also much more cunning and contemptible. I did not get rid of +this first impression for a long while, but at length he managed to get +me into his house; I gradually became more favourable to him as he was, +in one respect at least, an agreeable exception; he was a tolerably +educated man, his daughters were being brought up by a German governess +and he had a library of German books which he really read. I had such a +longing for the atmosphere of an educated household that one evening I +went to see him.</p> + +<p class="normal">"This evening influenced years of my life, or rather, as I have learnt +to-day, my whole life. I am no liar, George, and no fanciful dreamer, +it is the literal truth: I loved this girl from the first instant that +I beheld her."</p> + +<p class="normal">Berger looked up in astonishment.</p> + +<p class="normal">"From the first instant," Sendlingen repeated, and he struggled with +all speed through his next words.</p> + +<p class="normal">"I entered, Mirescul welcomed me: my eye swept over black and grey +heads, over well-known, sharp-featured, olive-faces. Only one was +unknown to me: the face of an exquisitely beautiful girl encircled by +heavy, silver-blond, plaited hair. Her slender, supple figure was +turned away from me, I could only see her profile; it was not quite +regular, the forehead was too high, the chin too peculiarly prominent; +I saw all that, and yet I seemed as if I had never seen a girl more +beautiful and my heart began to beat passionately. I had to tear my +looks away, and talk to the lady of the house, but then I stared again, +as if possessed, at the beautiful, white unknown who stood shyly in a +corner gazing out into the night. 'Our governess, Fräulein Lippert,' +said Frau von Mirescul, quietly smiling as she followed the direction +of my looks.</p> + +<p class="normal">"'I know,' I answered nervously, almost impatiently; I had guessed that +at once. Frau von Mirescul looked at me with astonishment, but I had +risen and hurried over to the lonely girl: one of the most insolent of +the company, the little bald Popowicz, had approached her. I was, +afraid that he might wound her by some insulting speech. How should +this poor, pale, timorous child defend herself alone against such a +man? He had leant over her and was whispering something with his +insolent smile, but the next instant he started back as if hurled +against the wall by an invisible hand, and yet it was only a look of +those gentle, veiled, grey eyes, now fixed in such a cold, hard stare +that I trembled as they rested on me. But they remained fixed upon me +and suddenly became again so pathetically anxious and helpless.</p> + +<p class="normal">"At length I was beside her: I no longer required to defend her from +the elderly scamp, he had disappeared. I could only offer her my hand +and ask: 'Did that brute insult you?' But she took my hand and held it +tight as if she must otherwise have fallen, her eyelids closed in an +effort to keep back her tears. 'Thank you,' she stammered. 'You are a +German, are you not Baron Sendlingen? I guessed as much when you came +in! Oh if you knew!'</p> + +<p class="normal">"But I do know all, I know what she suffers in this 'salon,' and now we +begin to talk of our life among these people and our conversation flows +on as if it had been interrupted yesterday. We hardly need words: I +understand every sigh that comes from those small lips at other times +so tightly closed, she, every glance that I cast upon the assembly. But +my glances are only fugitive for I prefer looking straight into that +beautiful face so sweetly and gently attractive, although the mouth and +chin speak of such firm determination. She often changes colour, but it +is more wonderful that I am at times suddenly crippled by the same +embarrassment, while at the next moment I feel as if my heart has at +length reached home after years and years,--perhaps a life-time's +sojourn in a chill strange land.</p> + +<p class="normal">"An hour or more passed thus. We did not notice it; we did not suspect +how much our demeanour surprised the others until Mirescul approached +and asked me to take his wife in to supper. We went in; Hermine was not +there. 'Fräulein Hermine usually retires even earlier,' remarked Frau +von Mirescul with the same smile as before. I understood her, and with +difficulty suppressed a bitter reply: naturally this girl of inferior +rank, whose father had only been a schoolmaster, was unworthy of the +society of cattle-merchants, horse-dealers and slave-drivers whose +fathers had been ennobled by Kaiser Franz!</p> + +<p class="normal">"After supper I took my leave. Mirescul hoped to see me soon again and +I eagerly promised: 'As soon as possible.' And while I drove home +through the snow-lit winter's night, I kept repeating these words, for +how was I henceforth to live without seeing her?"</p> + +<p class="normal">"After the first evening?" said Berger, shaking his head. "That was +like a disease!"</p> + +<p class="normal">"It was like a fatality!" cried Sendlingen. "And how is it to be +explained? I do not know! I wanted at first to show you her likeness, +but I have not done so, for however beautiful she may have been, her +beauty does not unsolve the riddle. I had met girls equally beautiful, +equally full of character before, without taking fire. Was it because I +met her in surroundings which threw into sharpest relief all that was +most charming in her, because I was lonelier than I had ever been +before, because I at once knew that she shared my feelings? Then +besides, I had not as a young fellow lived at high pressure. I had not +squandered my heart's power of loving; the later the passion of love +entered my life, the stronger, the deeper would be its hold upon me.</p> + +<p class="normal">"Reasons like these may perhaps satisfy you; me they do not. He who has +himself not experienced a miracle, but learns of it on the report of +another, will gladly enough accept a natural explanation; but to him +whose senses it has blinded, whose heart it has convulsed, to him it +remains a miracle, because it is the only possible conception of the +strange, overmastering feelings of such a moment. When I think of those +days and how she and I felt--no words can tell, no subtlest speculation +explain it. Look at it as you may, I will content myself by simply +narrating the facts.</p> + +<p class="normal">"And it is a fact that from that evening I was completely +metamorphosed. For two days I forced myself to do my regular duties, on +the third I went to Oronesti, to Mirescul's. The fellow was too cunning +to betray his astonishment, he brimmed over with pleasure and suggested +a drive in sleighs, and as the big sleigh was broken we had to go in +couples in small ones, I with Hermine. This arrangement was evident +enough, but how could I show surprise at what made me so blessed? Even +Hermine was only startled for a moment and then, like me, gave herself +up unreservedly to her feelings.</p> + +<p class="normal">"And so it was in all our intercourse in the next two weeks. We talked +a great deal and between whiles there were long silences; perhaps these +blissful moments of speechlessness were precisely the most beautiful. +During those days I scarcely touched her hand: we did not kiss one +another, we did not speak of our hearts: the simple consciousness of +our love was enough. It was not the presence of others that kept us +within these bounds; we were much alone; Mirescul took care of that."</p> + +<p class="normal">"And did that never occur to you?" asked Berger.</p> + +<p class="normal">"Yes, at times, but in a way that may be highly significant of the +spell under which my soul and senses laboured at the time. A man in a +mesmeric trance distinctly feels the prick of a needle in his arm; he +knows that he is being hurt; but he has lost his sense of pain. In some +such way I looked upon Mirescul's friendliness as an insult and a +danger, but my whole being was so filled with fantastic, feverish bliss +that no sensation of pain could have penetrated my consciousness."</p> + +<p class="normal">"And did you never think what would come of this?"</p> + +<p class="normal">"No, I could swear to it, never! I speculated as little about my love, +as the first man about his life: he was on the earth to breathe and to +be happy; of death he knew nothing. And she was just the same; I know +it from her letters later, at that time we did not write. And so we +lived on, in a dream, in exaltation, without a thought of the morrow."</p> + +<p class="normal">"It must have been a cruel awakening," said Berger.</p> + +<p class="normal">"Frightful, it was frightful!" He spoke with difficulty, and his looks +were veiled. "Immediately, in the twinkling of an eye, happiness was +succeeded by misery, the most intoxicating happiness by the most +lamentable, hideous misery.... One stormy night in March I had had to +stay at Mirescul's because my horses were taken ill, very likely +through the food which Mirescul had given them.... I was given a room +next to Hermine's.</p> + +<p class="normal">"On the next day but one--I was in my office at the time--the customs +superintendent of the neighbouring border district entered the room. He +was a sturdy, honourable greybeard, who had once been a Captain in the +army. 'We have caught the rascal at last,' he announced. 'He has +suddenly forgotten his usual caution. We took him to-night in the act +of unloading 100 bales of tobacco at his warehouses. Here he is!'</p> + +<p class="normal">"Mirescul entered, ushered in by two of the frontier guards.</p> + +<p class="normal">"'My dear friend!' he cried. 'I have come to complain of an unheard-of +act of violence!'</p> + +<p class="normal">"I stared at him, speechless; had he not the right to call me his +friend,--how often had I not called him friend in the last few weeks.</p> + +<p class="normal">"'Send these men away.' I was dumb. The superintendent looked at me in +amazement. I nodded silently, he shrugged his shoulders and left the +room with his officials. 'The long and the short of it is,' said +Mirescul, 'that my arrest was a misunderstanding: the officials can be +let off with a caution!'</p> + +<p class="normal">"'The matter must first be inquired into,' I answered at length.</p> + +<p class="normal">"'Among friends one's word is enough.'</p> + +<p class="normal">"'Duty comes before friendship.'</p> + +<p class="normal">"'Then you take a different view of it from what I do,' he answered +coming still closer to me. 'It would have been my duty to protect the +honour of a respectable girl living in my house as a member of the +family. It would now be my duty to drive your mistress in disgrace and +dishonour from my doors. I sacrifice this duty to my friendship!'</p> + +<p class="normal">"Ah, how the words cut me! I can feel it yet, but I cannot yet describe +it. He went, and I was alone with my wild remorse and helpless misery."</p> + +<p class="normal">Sendlingen rose and walked up and down excitedly. Then he stood still +in front of his friend.</p> + +<p class="normal">"That was the heaviest hour of my life, George--excepting the present. +A man may perhaps feel as helpless who is suddenly struck blind. The +worst torture of all was doubt in my beloved; the hideous suspicion +that she might have been a conscious tool in the hands of this villain. +And even when I stifled this thought, what abominations there were +besides! I should act disgracefully if for her sake I neglected my +duty, disgracefully if I heartlessly abandoned her to the vengeance of +this man! She had a claim upon me--could I make her my wife? My +oath to my dying father bound me, and still more, even though I did +not like to admit it, my ambition, my whole existence as it had been +until I knew her. My father's fate--my future ruined--may a man fight +against himself in this way? Still--'A Sendlingen can never be a +scoundrel'--and how altogether differently this saying affected me +compared to my father! He had only an offence to expiate, I had a +sacred duty to fulfil: he perhaps had only to reproach himself with +thoughtlessness--but I with dishonour.</p> + +<p class="normal">"And did I really love her? It is incomprehensible to me now how I +could ever have questioned it, how I could ever have had those hideous +doubts: perhaps my nature was unconsciously revenging herself for the +strange, overpowering compulsion laid on her in the last few weeks, +perhaps since everything, even the ugliest things, had appeared +beautiful and harmonious in my dream, perhaps it was natural, now that +my heart had been so rudely shaken, that even the most beautiful things +should appear ugly. Perhaps--for who knows himself and his own heart?</p> + +<p class="normal">"Enough! this is how I felt on that day and on the night of that day. +Oh! how I writhed and suffered! But when at last the faint red light of +early morning peeped in at my window, I was resolved. I would do my +duty as a judge and a man of honour: I would have Mirescul imprisoned, +I would make Hermine my wife. I no longer had doubts about her or my +love, but even if it had not been so, my conscience compelled me to act +thus and not otherwise, without regard to the hopes of my life.</p> + +<p class="normal">"I went to my chambers almost before it was day, had the clerk roused +from bed and dictated the record of the superintendent's information +and a citation to the latter. Then I wrote a few lines to Hermine, +begging her to leave Mirescul's house at once and to come to me. 'Trust +in God and me,' I concluded. This letter I sent with my carriage to +Oronesti; two hours later I myself intended to set out to the place +with gendarmes to search the house and arrest Mirescul. But a few +minutes after my coachman had left the court, the Jewish waiter from +the hotel of the little town brought me a letter from my dear one. 'I +have been here since midnight and am expecting you.' The lady looked +very unwell, added the messenger compassionately, and was no doubt ill.</p> + +<p class="normal">"I hastened to her. When she came towards me in the little room with +tottering steps, my heart stood still from pity and fear; shame, +remorse and despair--what ravages in her fresh beauty had they not +caused in this short space? I opened my arms and with a cry she sank on +my breast. 'God is merciful,' she sobbed. 'You do not despise me +because I have loved you more than myself: so I will not complain.'</p> + +<p class="normal">"Then she told me how Mirescul--she had kept her room for the two last +days for it seemed to her as if she could never look anyone in the face +again--had compelled her to grant him an interview yesterday evening. +He requested her to write begging me to take no steps against him, +otherwise he would expose and ruin us both. 'Oh, how hateful it was!' +she cried out, with a shudder. 'It seemed to me as if I should never +survive the ignominy of that hour. But I composed myself; whatever was +to become of me, you should not break your oath as Judge. I told him +that I would not write the letter, that I would leave his house at +once, and when he showed signs of detaining me by force, I threatened +to kill myself that night. Then he let me go,--and now do you decide my +fate: is it to be life or death!'</p> + +<p class="normal">"'You shall live, my wife,' I swore, 'you shall live for me.'</p> + +<p class="normal">"'I believe you,' said she, 'but it is difficult. Oh! can perfect +happiness ever come from what has been so hideously disfigured!'</p> + +<p class="normal">"I comforted her as well as I could, for my heart gave utterance to the +same piteous question.</p> + +<p class="normal">"Then we took counsel about the future; she could not remain in +Suczawa: we could see what vulgar gossip there would be even without +this. So we resolved that she should go to the nearest large town, to +Czernowitz, and wait there till our speedy marriage. With that we +parted: it was to have been a separation for weeks and it proved to be +for a lifetime: I never saw the unhappy girl again.</p> + +<p class="normal">"How did it come about that I broke my oath? There is no justification +for it, at best but an explanation. I do not want to defend myself +before you any more than I have done: I am only confessing to you as I +would to a priest if I were a believer in the Church.</p> + +<p class="normal">"A stroke of fate struck me in that hour of my growth, I might have +overcome it but now came its pricks and stabs. When I left Hermine to +return to my chambers, I met the customs superintendent. I greeted him. +'Have you received my citation?' I asked. He looked at me +contemptuously and passed on without answering. 'What does this mean?' +cried I angrily, catching hold of his arm.</p> + +<p class="normal">"'It means,' he replied, shaking himself loose, 'that in future I shall +only speak to you, even on official matters, when my duty obliges me. +That, for a time, is no longer necessary. You released Mirescul +yesterday, you did not record my depositions. Both were contrary to +your duty: I have advised my superiors in the matter and await their +commands.'</p> + +<p class="normal">"He passed on; I remained rooted to the spot a long while like one +struck down; the honourable man was quite right!</p> + +<p class="normal">"But I roused myself; now at least I would neglect my duty no longer. +Scarcely, however, had I got back to my chambers, when my colleague, +the Civil-Judge entered; he was as usual not quite sober, but it was +early in the day and he had sufficient control of his tongue to insult +me roundly. 'So you are really going to Oronesti,' he began. 'I should +advise you not, the manœuvre is too patent. After twenty-four hours +nothing will be found, as we set about searching the house just to show +our good intentions--eh?'</p> + +<p class="normal">"'I don't require to be taught by you,' I cried flaring up.</p> + +<p class="normal">"'Oh, but, perhaps you do, though!' he replied. 'I might for instance +teach you something about the danger of little German blondes. But--as +you like--I wish you every success!'</p> + +<p class="normal">"Smarting under these sensations, I drove to Oronesti. Mirescul met me +in the most brazen-faced way; he protested against such inroads +undertaken from motives of personal revenge. And he added this further +protest to his formal deposition; he would submit to examination at the +hands of any Judge but me who had yesterday testified that the +accusation was a mistake and promised to punish the customs officials, +and to-day suddenly appeared on the scene with gendarmes. Between +yesterday and to-day nothing had happened except that he had turned my +mistress out of his house, and surely this act of domestic propriety +could not establish his guilt as a smuggler. You know, George, that I +was obliged to take down his protest--but with what sensations!</p> + +<p class="normal">"The search brought to light nothing suspicious; the servants, carters, +and peasants whom I examined had all been evidently well-drilled +beforehand. I had to have Mirescul arrested: were there not the bales +of tobacco which the superintendent had seized? Not having the ordinary +means of transit at night, he had had them temporarily stored in one of +the parish buildings at Oronesti under the care of two officials. I now +had them brought at once to the town.</p> + +<p class="normal">"When I got back to my chambers in the evening and thought over the +events of this accursed day, and read over the depositions in which my +honour and my bride's honour were dragged in the mire, I had not a +single consolation left except perhaps this solitary one, that my +neglect would not hinder the course of justice, for the smuggled wares +would clearly prove the wretch's guilt.</p> + +<p class="normal">"But even this comfort was to be denied me. The next morning Mirescul's +solicitor called on me and demanded an immediate examination of the +bales: his client, he said, maintained that they did not contain +smuggled tobacco from Moldavia, but leaf tobacco of the country grown +by himself and other planters, and which he was about to prepare for +the state factories. The request was quite legitimate; I at once +summoned the customs superintendent as being an expert; the old man +appeared, gruffly made over the documents to my keeping and accompanied +us to the cellars of the Court house where the confiscated goods had +been stored. When his eye fell on them he started back indignantly, +pale with anger: 'Scandalous!' he cried, 'unheard of! These bales are +much smaller--they have been changed!'</p> + +<p class="normal">"'How is it possible?'</p> + +<p class="normal">"'You know that better than I do,' he answered grimly.</p> + +<p class="normal">"The bales were opened; they really contained tobacco in the leaf. My +brain whirled. After I had with difficulty composed myself, I examined +the two officials who had watched the goods at Oronesti; the exchange +could only have been effected there; the men protested their innocence; +they had done their duty to the best of their ability; certainly this +was the third night which they had kept watch although the +Superintendent, before hurrying to the town, had promised to release +them within a few hours. This too I had to take down; the proof namely +that my hesitation in doing my duty had not been without harm. And now +my conscience forbade me to arrest Mirescul, although by not doing so, +I only made my case worse.</p> + +<p class="normal">"So things stood when two days later an official from Czernowitz +circuit arrived in Suczawa to inquire into the case. You know him +George; he was a relation of yours, Matthias Berger, an honest, +conscientious man. 'Grave accusations have been made against you,' he +explained, 'by Mirescul's solicitor, by the Civil Judge and by the +Customs Superintendent, But they contradict each other: I still firmly +believe in your innocence: tell me the whole truth.'</p> + +<p class="normal">"But that I could not do: I could not be the means of dragging my +bride's name into legal documents, even if I were otherwise to be +utterly ruined. So in answer to the questions why I had delayed +twenty-four hours, I could only answer that an overwhelming private +matter had deprived me of the physical strength to attend to my duties. +With regard to Hermine, I refused to answer any questions. Berger shook +his head sadly; he was sorry for me, but he could not help me. He must +suspend me from my functions while the inquiry lasted and appoint a +substitute from Czernowitz: moreover he exacted an oath from me not to +leave the place without permission of the Court. Mirescul was let out +on bail.</p> + +<p class="normal">"A fortnight went by. It clings to my memory like an eternity of grief +and misery. I have told you what I strove for and hoped for, you will +be able to judge how I suffered. Four weeks before I was one of the +most rising officers of the State: now I was a prisoner on parole, +oppressed by the scorn and spite of men, held up to the ignominy of all +eyes. I dared hope nothing from my relations, least of all from my +uncle, Count Warnberg: I knew that he would not save me so that I might +marry a governess about whom--Mirescul and his friends took care of +that--there were the ugliest reports in circulation. And you will +consider it human, conceivable, that every letter of Hermine's was a +stab in my heart.</p> + +<p class="normal">"She wrote daily. When she spoke of her feelings during our brief span +of joy, it seemed to me as if she depicted my own innermost +experiences. This at least gave me the consolation of knowing that I +was not tied to an unworthy woman: but the bonds were none the less +galling and cut into the heart of my life. Only rarely, very gently, +and therefore with a twofold pathos, did she complain of her fate; but +her grief on my account was wild and passionate; she had heard of my +plight but not through me. I sought to comfort her as well as I might; +but ah me! there was no word of release or deliverance: how could I +have broached it, how have claimed it from her?</p> + +<p class="normal">"One day there came her usual letter; it was written with a visibly +trembling hand. My uncle had been to see her; he was hurrying from +Lemberg in great anxiety to see me, and had stopped at Czernowitz to +treat with her of the price for which she would release me. In every +line there was the deepest pathos; she had shown him the door.</p> + +<p class="normal">"'He will implore you to leave me,' she concluded; 'act as your +conscience bids you. And I will tell you something that I refused to +tell Count Warnberg; he asked me whether I had another, a more sacred +claim upon you. I don't know, Victor, but as I understand our bond in +which I live and suffer, that does not affect it; if you will not make +me your wife for my own sake, neither could regard for the mother of +your child be binding on you!'</p> + +<p class="normal">"Two hours after I received this letter, my uncle arrived. I was +terrified at the sight of him, his face was so dark, and hard, and +strange. My father had once said to me shortly before his death: 'Take +care never to turn that iron hand against you; it would crush you as it +has crushed me.' I had never before understood these words, indeed I +had completely forgotten them, but now they came back to me and I +understood them before my uncle opened his mouth.</p> + +<p class="normal">"'Tell your story,' he began, and his voice sounded to me as if I had +never heard it before. 'Tell the whole truth. This at least I expect of +you. You surely don't wish to sink lower than--than another member of +your family. A Sendlingen has at all events never lied! Now tell your +story.'</p> + +<p class="normal">"I obeyed: he was told what you have just been told, though no doubt it +sounded different; confused, passionate and scarcely intelligible. But +he understood it; he had no single question to ask after I had +finished.</p> + +<p class="normal">"'The same story as before,' he said, 'but uglier, much uglier. The +father only sullied his coat of arms, the son his judge's honour as +well.'</p> + +<p class="normal">"I fired up. I tried to defend myself, he would not allow it. 'Tirades +serve no good purpose,' he said, coldly. 'You wish to convince me that +you were not in criminal collusion with Mirescul? I have never thought +so. That he is really guilty and can be convicted in spite of your +neglect of duty? I have been through the papers and have just +cross-examined the customs superintendent. The police are already on +the way to re-arrest him; he will be put in prison. But your fault will +be none the less in consequence; if there is no lasting stigma on the +administration of justice, there is upon your honour. Your conduct in +this man's house, your hesitation,--it would be bad for you if you had +to suffer what you have merited! According to justice and the laws, +your fate is sealed; it is only a question whether you will prove +yourself worthy of pardon and pity!'</p> + +<p class="normal">"'In anything that you may ask,' I answered, 'except only in one thing: +Hermine is to be my wife. A Sendlingen can never be a scoundrel.'</p> + +<p class="normal">"He drew himself up to his full height and stepped close up to me. 'Now +listen to me, Victor, I will be brief and explicit. Whether you stain +your honour by marrying this girl, or whether you do so by not marrying +her, the all-just God above us knows. We, His creatures, can only judge +according to our knowledge and conscience, and in my judgment, the girl +is unworthy of you. In this matter there is your conviction against my +conviction. But what I do know better than you is, that this marriage +would load you with ignominy before the whole world! You will perhaps +answer: better the contempt of others than self-contempt, but that is +not the question. If you marry this girl, I am as sure as I am of my +existence, that you will soon be ashamed of it, not only before others +but in your own heart. For pure happiness could not come of such a +beginning--it is impossible. The gossip of the world, the ruin of your +hopes, would poison your mind and hers,--you would be wretched yourself +and make her wretched, and would at length become bad and miserable. +The man who forgets his duty to himself and to the world for a matter +of weeks and then recovers himself, is worthy of commiseration and +help; but he who is guilty of a moral suicide deserves no pity. And +therefore listen to me and choose. If you marry this girl your +subsequent fate is indifferent to me; you will very likely be stripped +of your office; or in the most favourable event, transferred, by way of +punishment, to some out of the way place where your father's fate may +be repeated in you. If you give her up you may still be saved, for +yourself, for our family and for the State: then I will do for you, +what my conscience would allow me to do for any subordinate of whose +sincere repentance I was convinced, and I will intercede for the +Emperor's pardon as if you were my own son. To-morrow I return to +Lemberg, whether alone or with you--you must decide by to-morrow.' He +went."</p> + +<p class="normal">Sendlingen paused. "How I struggled with myself," he began again, but +his voice failed him, until at length he gasped forth with hollow voice +and trembling lips: "Oh! what a night it was! The next morning I wrote +a farewell letter to Hermine, and started with Count Warnberg to +Lemberg."</p> + +<p class="normal">Then there followed a long silence. At length Berger asked: "You did +not know that she bore your child in her bosom?"</p> + +<p class="normal">"No, I know it to-day for the first time. In that last letter of mine I +had offered her a maintenance: she declined it at once. Then I left +that part of the country. A few months later I inquired after her; I +could only learn that she had disappeared without leaving a trace. And +then I forgot her, I considered that all was blotted out and washed +away like writing from a slate, and rarely, very rarely, in the dusk, +or in a sleepless night, did the strange reminiscence recur to me. But +Fate keeps a good reckoning--O George! I would I were dead!"</p> + +<p class="normal">"No, no!" said Berger with gentle reproof. He was deeply moved, his +eyes glistened with tears, but he constrained himself to be composed. +"Thank God, you are alive and willing, and I trust able to pay your +debt. How great this debt may be--or how slight--I will not determine. +Only one thing I do know: you are, in spite of all, worthy of the love +and esteem of men, even of the best men, of better men than I am. When +I think of it all; your life up to that event and what it has been +since, what you have made of your life for yourself and others, then +indeed it overcomes me and I feel as if I had never known a fate among +the children of men more worthy of the purest pity. This is no mere sad +fate, it is a tragic one. Against the burden of such a fate, no parade +of sophistry, no petty concealments or prevarications will be of avail. +You say it is against your feelings to preside at to-morrow's trial?"</p> + +<p class="normal">"Yes," replied Sendlingen. "It seems to me both cowardly and +dishonourable; cowardly, to sacrifice the law instead of myself, +dishonourable to break my Judge's oath! But I shrink from doing so for +another reason; an offence should not be expiated by an injustice; I +dread the all-just Fates."</p> + +<p class="normal">"I cannot gainsay you," said Berger rising. "But in this one thing we +are agreed. Let us wait for the verdict, and then we will consider what +your duty is. It is long past midnight, the trial will begin in seven +hours. I will try and get some sleep. I shall need all my strength +to-morrow. Follow my example, Victor, perhaps sleep may be merciful to +you."</p> + +<p class="normal">He seized his friend's hands and held them affectionately in his; his +feelings again threatened to overcome him and he hastily left the room +with a choking farewell on his lips.</p> + +<p class="normal">Sendlingen was alone. After brooding awhile, he again went to the +secret drawer of his writing-table. At this moment the old servant +entered. "We will go to bed now," he said. "We will do it out of pity +for ourselves, and Fräulein Brigitta, and me!"</p> + +<p class="normal">His look and tone were so beseeching that Sendlingen could not refuse +him. He suffered himself to be undressed, put out the lamp, and closed +his eyes. But sleep refused to visit his burning lids.</p> +<br> +<br> +<br> +<br> +<h2>CHAPTER V.</h2> + +<p class="normal">When the grey morning appeared, he could no longer endure to lie +quietly in his bed while his soul was tormented with unrest, he got up, +dressed himself, left his room and went out of doors.</p> + +<p class="normal">It was a damp, cold, horrid autumn morning: the fog clung to the houses +and to the uneven pavement of the old town: a heavy, yellow vapor, the +smoke of a factory chimney kept sinking down lower and lower. The +lonely wanderer met few people, those who recognized him greeted him +respectfully, he did not often acknowledge the greeting and when he +did, it was unconsciously. Most of them looked after him in utter +astonishment; what could have brought the Chief Justice so early out of +doors? It seemed at times as if he were looking for something he had +lost; he would walk along slowly for a stretch with his looks fixed on +the ground, then he would stop and go back the same way. And how broken +down, how weary he looked today!--as if he had suddenly become an old +man, the people thought.</p> + +<p class="normal">Freezing with cold, while his pulses beat at fever-speed, he thus +wandered for a long while aimlessly through the desolate streets, first +this way, then that, until the morning bells of the Cathedral sounded +in his ears. He stood still and listened as if he had never heard their +mighty sound before; they appeared to vibrate in his heart; his +features changed and grew gentler as he listened; a ray of tender +longing gleamed in his white face, and, as if drawn by invisible cords, +he hurried faster and faster towards the Cathedral. But when he stood +before its open door and looked into the dark space, lit only by a dim +light, the sanctuary lamp before the high-altar, he hesitated; he shook +his head and sighed deeply, and his features again resumed their +gloomy, painful look.</p> + +<p class="normal">He looked up at the Cathedral clock, the hands were pointing to seven. +"An hour more," he murmured and went over towards the Court-House. It +was a huge, straggling, rectangular building, standing on its own +ground. In front were the Chief Justice's residence and the offices; at +the back the criminal prison.</p> + +<p class="normal">He turned towards his own quarters. He had just set his foot on the +steps, when a new idea seemed to occur to him. He hesitated. "I must," +he hissed between his teeth and he clenched his hands till the nails +ran painfully into the flesh; "I must, if only for a minute."</p> + +<p class="normal">He stepped back into the street, went around the building and up to the +door at the back. It was locked; there was a sentinel in front of it. +He rang the bell, a warder opened the door and seeing the Chief Justice +respectfully pulled off his hat.</p> + +<p class="normal">"Fetch the Governor," muttered Sendlingen, so indistinctly that the man +hardly understood him. But he hurried away and the Governor of the +prison appeared. He was visibly much astonished. "Does your Lordship +wish to make an inspection?" he asked.</p> + +<p class="normal">"No, only in one or two particular cases."</p> + +<p class="normal">"Which are they, my lord?"</p> + +<p class="normal">But the unhappy man felt that his strength was leaving him. "Later on," +he muttered, groping for the handle of the door so as to support +himself. "Another time."</p> + +<p class="normal">The Governor hastened towards him. "Your Lordship is ill again--just as +you were yesterday--we are all much concerned! May I accompany you back +to your residence? The nearest way is through the prison-yard, if you +choose."</p> + +<p class="normal">He opened a door and they stepped out into the prison-yard; it was +separated by a wall from the front building; the only means of +communication was an unostentatious little door in the bare, high, +slippery wall. It seemed to be seldom used; the Governor was a long +time finding the key on his bunch and when at length it opened, the +lock and hinges creaked loudly.</p> + +<p class="normal">"Thank you," said Sendlingen. "I have never observed this means of +communication before."</p> + +<p class="normal">"Your predecessor had it made," answered the Governor, "so that he +might inspect the prison without being announced. The key must be in +your possession."</p> + +<p class="normal">"Very likely," answered Sendlingen, and he went back to his residence.</p> + +<p class="normal">Franz placed his breakfast before him. "There'll be a nice ending to +this," he growled. "We are dangerously ill and yet we trapse about the +streets in all weathers. Dr. Berger, too, is surprised at our new +ways."</p> + +<p class="normal">"Has he been here already?"</p> + +<p class="normal">"He was here a few minutes ago, but will be back at eight.... But now +we have got to drink our tea." He did not budge till the cup had been +emptied.</p> + +<p class="normal">With growing impatience Sendlingen looked at the clock. "He can have +nothing fresh to say," he thought. "He must guess my intention and want +to hinder me. He will not succeed."</p> + +<p class="normal">But he did succeed. As he entered, Sendlingen had just taken up his hat +and stick.</p> + +<p class="normal">"You are going to the trial?" began his faithful friend almost roughly, +"You must not, Victor, I implore you. I forbid you. What will the +judges think if you are too ill to preside, and yet well enough to be +present with no apparent object. But the main thing is not to torment +yourself, it is unmanly. Do not lessen your strength, you may require +it."</p> + +<p class="normal">He wrested his hat from him and forced him into an armchair.</p> + +<p class="normal">"My restlessness will kill me if I stay here," muttered Sendlingen.</p> + +<p class="normal">"You would not be better in there, but worse. I shall come back to you +at once; I think, I fear, it will not last long. Don't buoy yourself up +with any hopes, Victor. Before a jury, I could get her acquitted, with +other judges, at a different time, we might have expected a short term +of imprisonment ... but now----"</p> + +<p class="normal">"Death!" Like a shriek the words escaped from his stifled breast.</p> + +<p class="normal">"But she may not, she will not die!" continued Berger. "I will set my +face against it as long as there is breath in my body, nay, I would +have done so even if she had not been your daughter. God bless you, +Victor."</p> + +<p class="normal">Berger gathered up his bundle of papers and proceeded along the +corridor and up some stairs, until he found himself outside the court +where the trial was to take place. Even here a hum of noise reached +him, for the court was densely crowded with spectators. As far as he +could see by the glimmer of grey morning light that broke its difficult +way in by the round windows, it was a well-dressed audience in which +ladies preponderated. "Naturally," he muttered contemptuously.</p> + +<p class="normal">For a few seconds eye-glasses and opera-glasses were directed upon him, +to be then again immediately turned on the accused. But her face could +not be seen; she was cowering in a state of collapse on her wooden +seat, her forehead resting on the ledge of the dock; her left arm was +spread out in front of her, her right hung listlessly by her side. +Public curiosity had nothing to sate itself on but the shudders +that at times convulsed her poor body; one of the long plaits of her +coal-black, wavy hair had escaped from beneath the kerchief on her head +and hung down low, almost to the ground, touching the muddy boots of +the soldier who did duty as sentinel close beside her.</p> + +<p class="normal">Berger stepped to his place behind her; she did not notice him until he +gently touched her icy cold hand. "Be brave, my poor child," he +whispered.</p> + +<p class="normal">She started up in terror. "Ah!" went from every mouth in Court: now at +length they could see her face. Berger drew himself up to his full +height; his eyes blazed with anger as he stepped between her and the +crowd.</p> + +<p class="normal">"Oh, what crowds of people!" murmured the poor girl. Her cheeks and +forehead glowed in a fever-heat of shame: but the colour soon went and +her grief-worn face was white again; the look of her eyes was weary and +faint. "To think that one should have to suffer so much before dying."</p> + +<p class="normal">"You will not die!" He spoke slowly, distinctly, as one speaks to a +deaf person. "You will live, and after you have satisfied the justice +of men, you will begin life over again. And when you do friendship and +love will not be wanting to you." While he was saying this, and at the +same time looking her full in the face, her resemblance to his friend +almost overpowered him. She was like her father in the colour of her +hair and eyes, in her mouth and her forehead.</p> + +<p class="normal">"Love and care are waiting for you!" he continued with growing warmth. +"This I can swear. Do you hear? I swear that it is so! As regards the +trial, I can only give you this advice: tell, as you have hitherto +done, the whole truth. Bear up as well as you can; oppose every lie, +every unjust accusation."</p> + +<p class="normal">She had heard him without stirring, without a sign of agreement or +dissent. It was doubtful whether she had understood him. But he had not +time to repeat his admonition; the Crown-advocate and the five Judges +had entered with Werner at their head. If Berger had hitherto cherished +any hope, it must have vanished now; two of the other Judges were among +the sternest on the bench; the fourth never listened and then always +chimed in with the majority; it was but a slender consolation to Berger +when he finally saw the wise and humane Baron Dernegg take his place +beside the judges.</p> + +<p class="normal">Werner opened the proceedings and the deed of accusation was then read +out by the Secretary of the Court. Its compiler--a young, fashionably +dressed junior Crown-advocate of an old aristocratic family, who had +only been in the profession a short time,--listened to the recital of +his composition with visible satisfaction. And indeed his +representation of the matter was very effective.</p> + +<p class="normal">According to him the Countess Riesner-Graskowitz was one of the noblest +women who ever lived, the Accused one of the most abandoned. A helpless +orphan, called by unexampled generosity to fill a post which neither +her years nor abilities had fitted her for, she had requited this +kindness by entangling the young Count Henry in her wiles in order to +force him into a marriage. After he had disentangled himself from these +unworthy bonds, and after Victorine Lippert knew her condition, instead +of repentantly confiding in her noble protectress, she had exhausted +all the arts of crafty dissembling in order not to be found out. And +when at length she was, as a most just punishment, suddenly dismissed +from the castle, she in cold blood murdered her child so as to be free +from the consequences of her fault. In his opinion, the Accused's +pretended unconsciousness was a manifest fable, and the crime a +premeditated one, as her conduct at the castle sufficiently proved. Her +character was not against the assumption, she was plainly corrupted at +an early age, being the daughter of a woman of loose character.</p> + +<p class="normal">"It is a lie! a scandalous lie!"</p> + +<p class="normal">Like a cry from the deepest recesses of the heart, these words suddenly +vibrated through the Court with piercing clearness.</p> + +<p class="normal">It was the Accused who had spoken. She had listened to the greatest +part of the document without a sound, without the slightest change of +countenance, as if she were deaf. Only once at the place where it spoke +of "manifest fable" she had gently and imperceptibly shaken her head; +it was the first intimation Berger had that she was listening and +understood the accusation. But now, hardly had the libel on her dead +mother been read, when she rose to her feet and uttered those words so +suddenly that Berger was not less motionless and dumfounded than the +rest.</p> + +<p class="normal">And then broke forth the hubbub; such an interruption, and in such +language, had never before occurred in Court. The spectators had risen +and were talking excitedly; the crown-advocate stood there helplessly; +even Herr von Werner had to clear his throat repeatedly before he could +ejaculate "Silence!"</p> + +<p class="normal">But the command was superfluous for hardly had the poor girl uttered +the words, when she fell back upon her seat, from thence to the ground, +and was now lying in a faint on the boards.</p> + +<p class="normal">She was carried out; it was noticed by many and caused much scandal, +that the counsel for the Accused lifted the lifeless body and helped +carry it, instead of leaving this to the warders.</p> + +<p class="normal">The proceedings had to be interrupted. It was another half hour before +the Accused appeared in Court again, leaning on Berger's arm, her +features set like those of an animated corpse. There was a satirical +murmur in the crowd, and Werner, too, reflected whether he should not, +there and then, reprove the Counsel for unseemly behaviour. And this +determined him to be all the severer in the reprimand which he +addressed to the Accused on account of her unheard of impertinence. She +should not escape her just punishment, the nature and extent of which +he would determine by the opinion of the prison-doctor.</p> + +<p class="normal">Then the reading of the deed of accusation was finished; the +examination began. There was a murmur of eager expectation among the +spectators; their curiosity was briefly but abundantly satisfied. To +the question whether she pleaded guilty, Victorine Lippert answered +quietly but with a steadier voice than one would have supposed her +capable of:</p> + +<p class="normal">"Yes!... What I know about my deed, I have already told in evidence. I +deserve death, I wish to die. It is a matter of indifference to one +about to die what men may think of her; God knows the truth. He knows +that much, yes most, of what has just been read here, is incorrect. I +do not contest it, but one thing I swear in the face of death, and may +God have no mercy on me in my last hour if I lie; my mother was noble +and good; no mother can ever have been better and no wife more pure. +She trusted an unworthy wretch, and he must have been worse than ever +any man was, if he could forsake her--but she was good. I implore you, +read her testimonials, her letters to me--I beseech you, I conjure you, +just a few of these letters.-For myself I have nothing to ask--"</p> + +<p class="normal">Her voice broke, her strength again seemed to forsake her and she sank +down on her seat.</p> + +<p class="normal">There was a deep silence after she had ended: in her words, in her +voice, there must have been something that the hearts of those present +could not shut out; even the crown-advocate looked embarrassed. Herr +von Werner alone was so resolutely armed to meet the Hydra of the +social Revolution, which he was bent on combating in this forlorn +creature, as to be above all pity. He would certainly have begun a +wearisome examination and have spared the poor creature no single +detail, but his daughter was expecting a happy event to-day, and Baron +Sendlingen had, notwithstanding, not had sufficient professional +consideration to take over the conduct of this trial, and the half +hour's faint of the Accused had already unduly prolonged the +proceedings--so he determined to cut the matter as short as was +compatible with his position. The accused had just again unreservedly +repeated her confession; further questions, he explained, would be +superfluous.</p> + +<p class="normal">The examination of the witnesses could be proceeded with at once. This +also was quickly got through. There were the peasants, who had found +Victorine and her lifeless child on the morrow of the deed, and the +prison doctor, none of whom could advance any fresh or material fact.</p> + +<p class="normal">The only witness of importance to the Accused was the servant-girl who +had helped her in her last few months at the castle. The girl had been +shortly after dismissed from the Countess' service, and in the +preliminary inquiry, she had confirmed all Victorine's statements; if +she to-day remained firm to her previous declarations, the accusation +of premeditated murder would be severely shaken. To Berger's alarm she +now evasively answered that her memory was weak,--she had in the +meantime gone into service at Graskowitz again. In spite of this and of +the protest of the defence, she was sworn: Berger announced his +intention of appealing for a nullification of the trial.</p> + +<p class="normal">Then the depositions of the Countess and her son were read; the Court +had declined to subpœna them. The Countess had not spared time or +trouble in depicting the murderess in all her abandonment; but the +depositions which Count Henry had made at his embassy, were brief +enough: as far as he recollected he had made the girl no promise of +marriage, and indeed there was no reason for doing so. Berger demanded, +as proof to the contrary, that the letters which had been taken from +the Accused and put with the other papers, should he read aloud; this +the Court also declined because they did not affect the question of her +guilt.</p> + +<p class="normal">Then followed the speeches for and against. The Crown-Advocate was +brief enough: the trial, he contended, had established the correctness +of the charge. If ever at all, then in the present case, should the +full rigour of the law be enforced. By her protestation that she had +received a most careful bringing up from a most excellent mother, she +had herself cut from under her feet the only ground for mitigation. All +the more energetically and fully did Berger plead for the utmost +possible leniency; his knowledge of law, his intellect and his +oratorical gifts had perhaps never before been so brilliantly +displayed. When he had finished, the people in Court broke out into +tumultuous applause.</p> + +<p class="normal">The Judges retired to consider their verdict. They were not long +absent; in twenty minutes they again appeared in Court. Werner +pronounced sentence: death by hanging. The qualification of "unanimous" +was wanting. Baron Dernegg had been opposed to it.</p> + +<p class="normal">There was much excitement among the spectators. Berger, although not +unprepared for the sentence, could with difficulty calm himself +sufficiently to announce that every form of appeal would be resorted +to. The Accused had closed her eyes for a moment and her limbs trembled +like aspen-leaves, but she was able to rise by herself to follow the +warders.</p> + +<p class="normal">"Thank you," she said pressing Berger's hands. "But the appeal----"</p> + +<p class="normal">"Will be lodged by me," he said hastily interrupting her. "I shall come +and see you about it to-day."</p> + +<p class="normal">He hurried away down the stairs. But when he got into the long corridor +that led to Sendlingen's quarters, he relaxed his pace and at length +stood still. "This is a difficult business," he murmured and he stepped +to a window, opened it and eagerly drank in the cool autumn air as if +to strengthen himself.</p> + +<p class="normal">When a few minutes after he found himself in Sendlingen's lobby, he met +Baron Dernegg coming out of his friend's study.</p> + +<p class="normal">"Too late!" he thought with alarm. "And he has had to hear it from some +one else."</p> + +<p class="normal">The usually comfortable-looking Judge was much excited. "You are no +doubt coming on the same errand, Dr. Berger," he began. "I felt myself +in duty bound to let the Chief Justice know about this sentence without +delay. The way in which he received it showed me once more what a +splendid man he is, the pattern of a Judge, the embodiment of Justice! +I assure you, he almost fainted, this--hm!--questionable sentence +affected him like a personal misfortune. Please do not excite him any +more about it and talk of something else first."</p> + +<p class="normal">"Certainly," muttered Berger as he walked into the study.</p> + +<p class="normal">Sendlingen lay back in his arm-chair, both hands pressed to his face. +His friend approached him without a word; it was a long, sad silence. +"Victor," he said at last, gently touching his shoulder, "we knew it +would be so!"</p> + +<p class="normal">Sendlingen let his hands fall. "And does that comfort me?" he cried +wildly. And then he bowed his head still lower. "Tell me all!" he +murmured.</p> + +<p class="normal">Berger then began to narrate everything. One thing only he omitted: how +Victorine had spoken of her mother's betrayer. "This very day," he +concluded, "I shall lodge a nullity appeal with the Supreme Court. +Perhaps it will consider the reasons weighty enough to order a new +trial; in any case when it examines the question, it will alter the +sentence."</p> + +<p class="normal">"In any case?" cried Sendlingen bitterly.</p> + +<p class="normal">"We cannot but expect as much from the sense of justice of our highest +Judges. Perhaps the chief witness's suspicious weakness of memory may +prove a lucky thing for us. If she had stuck by her former depositions, +or if the Court had not put her on her oath, then a simple appeal to +the Supreme Court would alone have been possible. Now, the case is more +striking and more sensational."</p> + +<p class="normal">"And therefore all the worse!" interrupted Sendlingen. "Woe to him for +whom in these days the voice of the people makes itself heard; to the +gentry in Vienna it is worse than the voice of the devil. Besides, just +now, according to the opinion of the Minister of Justice, the world is +to be rid of child-murder by the offices of the hangman! And this is +the first case in educated circles, a much talked of case,--what a +magnificent opportunity of striking terror!"</p> + +<p class="normal">"You take too black a view of the matter, Victor."</p> + +<p class="normal">"Perhaps!--and therefore an unjust view! But how can a man in my +position be just and reasonable. Oh, George, I am so desolate and +perplexed! What shall I do; merciful Heaven, what shall I do?"</p> + +<p class="normal">"First of all--wait!" answered Berger. "The decision of the Supreme +Court will be known in a comparatively short time, at latest in two +months!"</p> + +<p class="normal">"Wait--only two months!" Sendlingen wrung his hands. "Though what do I +care for myself! But she--two months in the fear of death! To sit thus +in a lonely cell without light or air, or consolation,--behind her +unutterable misery, before her death----. Oh, she must either go mad or +die!"</p> + +<p class="normal">"I shall often be with her, and Father Rohn, too, I hope. And then, +too," he added, half-heartedly, "one or other of the ladies of the +Women's Society for Befriending Female Criminals. Certainly these +comforters are not worth much."</p> + +<p class="normal">"They are worth nothing," cried Sendlingen vehemently. "Oh, how +they will torture the poor girl with their unctuous virtue and +self-satisfied piety! I have to tolerate these tormentors, the Minister +of Justice insists on it, but at least they shall not enter this cell, +I will not allow it--or at least, only the single one among them who is +any good, my old Brigitta----"</p> + +<p class="normal">"Your housekeeper?" asked Berger, in perplexity and consternation. +"That must not be! She might guess the truth. The girl!" he hesitated +again--"is like you, very like you Victor--and anyone who sees you so +often and knows you so well as Brigitta----"</p> + +<p class="normal">"What does that matter?" Sendlingen rose. "She is discreet, and if she +were not--what does it matter, I repeat. Do you suppose that I never +mean to enter that cell?"</p> + +<p class="normal">"You! Impossible!"</p> + +<p class="normal">"I shall and I must! I will humour you in everything except in this one +thing!"</p> + +<p class="normal">"But under what pretext? Have you ever visited and repeatedly visited +other condemned criminals?"</p> + +<p class="normal">"What does that matter to me? A father must stand by his child!"</p> + +<p class="normal">"And will you tell other people so?"</p> + +<p class="normal">"Not until I am obliged; but then without a moment's hesitation. She, +however, must be told at once, in fact this very day."</p> + +<p class="normal">"You must not do that, Victor. Spare the poor girl this sudden +revelation."</p> + +<p class="normal">"Then prepare her beforehand! But to-morrow it must be!"</p> + +<p class="normal">Berger was helpless; he knew what Victorine would say to her father if +she suddenly encountered him.</p> + +<p class="normal">"Give her a little more time!" he begged, "Out of pity for her +shattered nerves and agitated mind, which will not bear any immediate +shock."</p> + +<p class="normal">This was a request that Sendlingen could not refuse.</p> + +<p class="normal">"Very well, I will wait," he promised. "But you will not wish to +prevent me from seeing her to-morrow. I have in any case to inspect the +prison. But I promise you: I will not betray myself and the governor of +the jail shall accompany me."</p> +<br> +<br> +<br> +<br> +<h2>CHAPTER VI.</h2> + +<p class="normal">Weighed down by sorrow, Berger proceeded homewards. To the solitary +bachelor Sendlingen was more than a friend, he was a dearly loved +brother. He was struck to the heart, as by a personal affliction, with +compassion for this fate, this terrible fate, so suddenly and +destructively breaking in upon a beneficent life, like a desolating +flood.</p> + +<p class="normal">Would this flood ever subside again and the soil bring forth flowers +and fruit? The strong man's looks darkened as he thought of the future: +worse than the evil itself seemed to him the manner in which it +affected his friend. Alas! how changed and desolated was this splendid +soul, how hopeless and helpless this brave heart! And it was just their +last interview, that sudden flight from the most melancholy +helplessness to the heights of an almost heroic resolve, that gave +Berger the greatest uneasiness.</p> + +<p class="normal">"And it will not last!" he reflected with much concern. "Most certainly +it will not! Perhaps even now, five minutes after, he is again lying +back in his arm chair, broken down, without another thought, another +feeling, save that of his misery! And could anything else be expected? +That was not the energetic resolve of a clear, courageous soul, but the +diseased, visionary effort of feverishly excited nerves! Again he does +not know whether he will see her or what he ought to do.... And do I +know, would any one know in the presence of such a fate?"</p> + +<p class="normal">Had he deserved this fate?</p> + +<p class="normal">"No!" cried Berger to himself. "No!" he passionately repeated as he +paced up and down his study, trying to frame the wording of the appeal. +Clumsy and uncouth, blind and cruel, seemed to him the power that had +ordered things as they had come about. It seemed no better than some +rude elemental force. "He can no more help it," he muttered, "than the +fields can help a flood breaking in upon them."</p> + +<p class="normal">But he could not long maintain this view, comforting as it was to him, +much as he strove to harbour it. "He has done wrong," he thought, "and +retribution is only the severer because delayed." Other cases in his +experience occurred to him: long concealed wrongs and sins that had +afterwards come into the light of day, doubly frightful. "And such +offences increase by the interest accruing until they are paid," he was +obliged to think. From the moment that he heard his friend's story, all +the facts it brought to light seemed to him like the diabolical sport +of chance; but now he no longer thought it chance but in everything saw +necessity, and he was overcome by the same idea to which he had given +voice at the conclusion of his friend's narration, namely that this was +no mere sad fate, but a tragic one.</p> + +<p class="normal">It was a singular idea, compounded of fear and reverence. When Berger +reflected how one act dovetailed into another, how link fitted into +link in the chain of cause and effect, how all these people could not +have acted otherwise than they were obliged to act, how guilt had of +necessity supervened, and now retribution, the strong man shuddered +from head to foot: he had to bow his head before that pitiless, +all-just power for which he knew no name ... But was it really +all-just? If all these people, if Sendlingen and Victorine had not +acted otherwise than their nature and circumstances commanded, why had +they to suffer for it so frightfully? And why was there no end to this +suffering, a great, a liberating, a redeeming end?</p> + +<p class="normal">"No!" cried an inward voice of his deeply agitated soul, "there must be +such a glorious solution. It cannot be our destiny to be dragged into +sin by blind powers which we cannot in any way control, like puppets by +the cords in a showman's hands, and then again, when it pleases those +powers, into still greater sins, or into an atonement a thousand times +greater than the sin itself, and so, on and on, until death snaps the +cords. No! that cannot be our destiny, and if it were, then we should +be greater than this Fate, greater, juster, more reasonable! There must +be in Sendlingen's case also, a solution bringing freedom, there +<i>must</i>--and in his case precisely most of all! It would have been an +extraordinary fate, no matter whom it had overtaken, but had it +befallen a commonplace man, it would never have grown to such a +crushing tragedy. A scoundrel would have lied to himself: 'She is not +my daughter, her mother was a woman of loose character,' and he would +have repeated this so often that he would have come to believe it. And +if remorse had eventually supervened, he would have buried it in the +confessional or in the bottle.</p> + +<p class="normal">"Another man, no scoundrel,--on the contrary! a man of honour of the +sort whose name is Legion,--would not have hesitated for a moment to +preside in Court in order to obtain by his authority as Chief Justice, +the mildest possible sentence. Then he would have been assiduous in +ameliorating the lot of the prisoner by special privileges, and after +she had been set at liberty, he would have bought her, somewhere at a +distance, a little millinery business or a husband, and every time he +thought of the matter, he would have said with emotion: 'What a good +fellow you are!' This has only become a tragic fate because it has +struck one of the most upright, most sensitive and noble of men, and +because this is so, there must come from that most noble and upright +heart a solution, an act of liberation bursting these iron bonds! There +must be a means of escape by which he and his poor child and Justice +herself will have their due! There <i>must</i> be--simply because he is what +he is!"</p> + +<p class="normal">There was a gleam of light in Berger's usually placid, contented face, +the reflection of the thought that filled his soul and raised him above +the misery of the moment. Notwithstanding, his looks became serious and +gloomy again.</p> + +<p class="normal">"But what is this solution?" he asked, continuing his over-wrought +reflections. "And how shall this broken-down, sick man, weary with his +tortures, find it? And I--I know of none, perhaps no one save himself +can find it. 'Against the burden of such a fate, no parade of sophistry +will be of any avail,' I said to him yesterday. But can small +expedients be of any use? Will it be a solution if I succeed with my +appeal, if the sentence of death is commuted to penal servitude for +life or for twenty years? Can this lessen the burden of the fate?--for +her, for him?"</p> + +<p class="normal">"What to do?" he suddenly exclaimed aloud. He wrung his hands and +stared before him.</p> + +<p class="normal">Suddenly there was a curious twitching about his mouth, and his eyes +gleamed with an almost weird light. "No, no!" he muttered vehemently, +"how can such a thought even occur to me. I feel it, I am myself +becoming ill and unstrung!"</p> + +<p class="normal">He bounded up with a heavy stamp and hastily passed his hand over his +forehead, as though the thought which had just passed through his brain +stood written there and must be swiftly wiped away. But that thought +returned again and again and would not be scared away, that enticing +but fearful thought; how she might be forcibly liberated from prison +and carried off to new life and happiness in a distant country?</p> + +<p class="normal">"Madness!" he muttered and added in thought: "He would rather die and +let her die, than give his consent to this or set his hand to such a +deed! He whose conscience would not allow him to preside at the trial! +And if in his perplexity and despair he were to go so far, I should +have to bar the way and stop him even if it cost me my life.... What +was it he said yesterday: 'An offence should not be expiated by an +injustice!' and will he attempt it by another offence. 'Cowardly and +dishonourable!' yes, that it would be, and not that great deed of which +I dream; greater and more just than Fate itself."</p> + +<p class="normal">He seized the notes which he had made from the papers connected with +the trial, and forced himself to read them through deliberately, to +weigh them again point by point. This expedient helped him: that +horrible thought did not return, but a new thought rose, bringing +comfort in its train and took shape: "When a great act cannot be +achieved, we should not on that account omit even the smallest thing +that can possibly be done. I will set my energies against the sentence +of death, because it is the most frightful thing that could happen!"</p> + +<p class="normal">And now he recovered courage and eagerness for work.</p> + +<p class="normal">He sat at his writing table hour after hour, marshalling his reasons +and objections into a solid phalanx which in the fervour of the moment +seemed to him as if they must sweep away every obstacle, even +prejudice, even ill-will. He had bolted himself in, nobody was to +disturb him, he only interrupted himself for a few minutes to snatch a +hasty meal. Then he worked away until the last sentence stood on the +paper.</p> + +<p class="normal">For the first time he now looked at the clock; it was pointing to ten. +It was too late to visit the poor prisoner, and he was grieved that he +had not kept his promise. If she was perhaps secretly nourishing the +hope of being saved, she would now be doubly despairing. But it could +not now be helped and he resolved to make good his remissness early the +next morning. Sendlingen, however, he would go and see. "Perhaps he is +in want of me," he thought. "I should be much surprised if he were not +now more helpless than ever."</p> + +<p class="normal">He made his way through the wet, cold, foggy autumn night; things he +had never dreamt of were in store for him.</p> + +<p class="normal">When he pulled the bell, the door was at once opened: Fräulein Brigitta +stood before him. The candlestick in her hand trembled: the plump, +well-nourished face of the worthy lady was so full of anguish that +Berger started. "What has happened?" he cried.</p> + +<p class="normal">"Nothing!" she answered. "Nothing at all! It is only that I am so +silly." But her hand was trembling so much that she had to put down her +candle and the tears streamed down her cheeks as she continued with an +effort: "He went out--and has not come back--and so I thought--but I am +so silly."</p> + +<p class="normal">"So it seems," Berger roughly exclaimed, trying to encourage both her +and himself, but a sudden anguish so choked his utterance that what he +next said sounded almost unintelligible. "May he not pay a visit to a +friend and stay to supper there? Is he so much under your thumb that he +must give you previous notice of his intention? He is at Baron +Dernegg's I suppose."</p> + +<p class="normal">"No," she sobbed. "He is not there, and Franz has already looked for +him in vain in all the places where he might be. He was twice at your +house, but your servant would not admit him. And now the old man is +scouring the streets. He will not find him!" she suddenly screamed, +burying her face in her hands.</p> + +<p class="normal">"Nonsense!" cried Berger almost angrily. He forced the trembling woman +into a chair, sat down beside her and took her hand. "Let us talk like +reasonable beings," he said, "like men, Fräulein Brigitta. When did he +go out?"</p> + +<p class="normal">"Seven hours ago, just after his dinner, which he hardly touched; it +must have been about four o'clock. And how he has been behaving ... and +especially since mid-day yesterday.... Dr. Berger," she cried +imploringly, clasping her hands, "what happened yesterday in Chambers? +When he came back from Vienna he was still calm and cheerful. It must +be here and yesterday that some misfortune struck him. I thought at +first that it was illness, but I know better now: it is a misfortune, a +great misfortune! Dr. Berger, for Christ's sake, tell me what it is!"</p> + +<p class="normal">She would have sunk down at his feet, if he had not hastily prevented +her. "Be reasonable!" he urged, "It is an illness, Fräulein +Brigitta,--the heart, the nerves."</p> + +<p class="normal">She shook her head vigorously. "I guess what it is." She pointed in the +direction of the jail. "Something has happened in the prison over there +that is a matter of life and death to him."</p> + +<p class="normal">He started. "Why do you suppose that?"</p> + +<p class="normal">"Because he behaved so strangely--just listen to this." But she had +first the difficult task of calming herself before she could proceed. +"Well, when I went into his room to-day to tell him dinner was ready, +he was standing in front of his writing-table rummaging in all the +drawers. 'What are you looking for, my Lord?' I asked. 'Nothing,' he +muttered and he sent me away, saying he was just coming. Twenty minutes +later I ventured to go back again; he was still searching. 'Have you +ever,' he now himself asked, 'heard of any keys that my predecessor is +said to have handed over?' 'Yes,' I replied, 'the keys of the +residence.' 'No, others, and among them the key of the door which----' +He checked himself suddenly and turned away as though he had already +said too much. 'What door?' I asked in utter astonishment. He muttered +something unintelligible and then roughly told me the soup could wait. +It cuts me to the heart. Dear Heaven, how wretched he looks, and I am +not accustomed to be spoken to by him in that way; but what does that +matter? I went and spoke to Franz. 'Perhaps,' he said, 'he means the +keys that are in the top drawer of his business table.' So we went and +looked and there, sure enough, was a bunch of keys--quite rusty, Dr. +Berger."</p> + +<p class="normal">"Go on, to the point," said Berger impatiently.</p> + +<p class="normal">"Well, I took them to him; as I said, a whole bunch with a written +label on each. He looked through them with trembling hands. Dr. Berger, +and at last his face lit up. 'That's the one!' he muttered and took the +key off the bunch and put it in his breast pocket. Then he turned round +and when he saw me--great Heaven! what eyes he had--wicked, frightened +eyes. 'Are you still here?' he said flaring up into a rage. 'What do +you want playing the spy here?' Yes, Dr. Berger, he said 'playing the +spy'--and he has known me for fifteen years."</p> + +<p class="normal">"He is ill you see!" said Berger soothingly. "But go on!"</p> + +<p class="normal">"Then he sat down to dinner and there he behaved very strangely. God +forgive me ... Usually he only drinks one glass of Rhine-wine--you know +the sort--to-day he gulped down three glasses one after another, took a +few spoonfuls of soup and then went back to his room. And then I said: +Franz, I said--but you won't want to hear that. Dr. Berger. But what +follows you must hear; it's very strange--God help us! only too +strange."</p> + +<p class="normal">"Well?"</p> + +<p class="normal">"After about ten minutes or so, I heard his step in the lobby; the door +slammed; well, he had gone out. 'By all that's sacred!' thinks I in +great trouble of mind. Then Franz came in quite upset. 'Fräulein!' he +whispered, 'he's going up and down in the court outside!' 'Impossible!' +said I, 'what does he want there?' We went to the bedroom window that +looks down into the court and there, sure enough, is his Lordship! He +was going--or rather he was creeping along by the wall that separates +our court from the prison yard. It was drizzling at the time and it was +no longer quite light, but I could see his face plainly: it was the +face of a man who doesn't know what to do--ah me! worse still--the face +of a man who doesn't know what he's doing. And he behaved like it, Dr. +Berger! He stopped in front of the little door in the wall, looked +anxiously up at the windows to see if anyone was watching him--but the +clerks and officials had all gone, we were the only people who saw +him--he pulled out that key from his breast pocket and tried to unlock +the door. For a long time he couldn't succeed, but at last the door +opened. However, he only shut it again quickly and locked it. Then he +began anxiously to pace up and down again. It was just as if he had +only wanted to try whether the key would open the door. What do you +think of that?"</p> + +<p class="normal">"The door through which one can get from here into the prison?" Berger +spoke slowly, in a muffled tone, as if he were speaking to himself. +Then he continued in the same tone: "Oh, how frightful that would be! +This soul in the mire, this splendid soul!--Go on!" he then muttered as +he saw that the housekeeper was looking at him in amazement.</p> + +<p class="normal">"Well, then he went quickly back through the hall into the street and +on towards the square. Franz crept after him at a distance. He seemed +at first as if he wanted to go to your house, then he came back here, +but to the other door, on the prison side. There he stood, close up to +it, for a long time, a quarter of an hour Franz says, and then went to +the left down Cross Street and then--what do you think, Dr. Berger?"</p> + +<p class="normal">"Back the same way," said Berger slowly, "and again stood for a long +time in front of the prison."</p> + +<p class="normal">"How can you know that?" asked the old lady in astonishment.</p> + +<p class="normal">Berger's answer was a strange one. "I can see it!" he said. And indeed, +with the eyes of his soul, Berger could see his unhappy friend +wandering about in the misty darkness, dragged hither and thither, by +whirling, conflicting thoughts. "Perhaps he is at this moment standing +there again!" He had not meant to say this, but the thought had +involuntarily given itself voice.</p> + +<p class="normal">"What now!" Fräulein Brigitta crossed herself. "We will go and see at +once! Come! Oh, that would be a good thing! I will just go and fetch my +shawl. But you see I was right. This trouble is connected with the +prison; some injustice has been done, and he feels it nearly because he +is such a just judge."</p> + +<p class="normal">"Because he is such a just judge," repeated Berger, mechanically, +without thinking of what he was saying, for while he spoke those words +he was saying to himself: "He has gone mad!"</p> + +<p class="normal">Then, however, he shook off the spell of this horror that threatened to +cripple both soul and body. "You stay at home," he said in a tone of +command. "I will find him and bring him back, you may rely upon that. +One thing more, where did Franz leave him?"</p> + +<p class="normal">"Ah, he was too simple! When his Lordship came into the square for the +third time, Franz went up to him and begged him to come home. Upon that +he became very angry and sent Franz off with the strongest language. +But he called after him that he was going to Baron Dernegg's, only as I +said, he has not been there, and----"</p> + +<p class="normal">"Keep up your spirits, Fräulein Brigitta! I shall be back soon." He +went down the steps, "Keep up your spirits!" he called back to her once +more; she was standing at the top of the steps holding the candle at +arm's length before her.</p> + +<p class="normal">Berger stepped into the street and walked swiftly round the building to +the prison door. He himself was in need of the exhortation he had +given: he felt as if in the next moment he might see something +frightful.</p> + +<p class="normal">But there was nothing to be seen when he at length reached the place +and approached the door, nothing save the muddy slippery ground, the +trickling, mouldy walls, the iron-work of the door shining in the +wet--nothing else, so far as the red, smoky light of the two lanterns +above the door could show through the fog and rain. And there was +nothing to be heard save the low pattering of the rain-drops on the +soft earth or, when a sudden gust of the east-wind blew, the creaking +of some loosened rafter and a whirring, long-drawn, complaining sound +that came from the bare trees on the ramparts when they writhed and +bent beneath its icy breath.</p> + +<p class="normal">"Victor!"</p> + +<p class="normal">There was a movement in the sentry box by the door; the poor, frozen +Venetian soldier of the Dom Miguel regiment who had sheltered himself +inside as well as he could from the rain and cold, poked out his heavy +sleepy head so that the shine of his wet leather shako was visible for +an instant. He muttered an oath and wrapped himself the closer in his +damp overcoat.</p> + +<p class="normal">Berger sighed deeply. A minute before he was sure he had seen the poor +madman standing motionless in the desolate night, his eyes rigidly +fixed upon the door that separated him from his daughter, and now that +he was spared the sight, he could take no comfort, for a far worse +foreboding convulsed his brain.</p> + +<p class="normal">Hesitatingly he returned to the front part of the building and, +increasing his pace, he went down the street towards the market-place, +aimlessly, but always swifter, as if he had to go where chance led him, +so as to arrive in time to stop some frightful deed.</p> + +<p class="normal">The streets were deserted, nothing but the wind roamed through the +drenching solitude, nothing but the voices of the night greeted his +ear; that ceaseless murmur and rustle and stir, which, drowned by the +noise of the day, moves in the dark stillness, as though dead and dumb +things had now first found a voice to reach the sense of men.</p> + +<p class="normal">He often had to stop; it seemed to him as if he heard the piteous +groaning of a sick man, or the half stifled cry for help of one +wounded. But it was nothing; the wind had shaken some rotting roof, or +somewhere in the far distance a watch-dog had given a short, sharp +bark. The lonely wanderer held his breath in order to hear better, +looked also perhaps into some dark corner and then hurried on.</p> + +<p class="normal">He reached the market place. Here he came upon human beings again, the +sentries before the principal guard-house, and as he passed the column +commemorative of the cholera in the middle of the square, there was the +night-watchman who had pitched upon a dry sleeping place in one of the +niches of the irregular monument. Berger stopped irresolutely; should +he wake him up and question him?</p> + +<p class="normal">Another form at this moment emerged from a neighbouring street; a man +who with bowed head and halting pace glided along by the houses: was +this not Franz? Berger could not yet, by the light of the meagre lamps, +accurately distinguish him in the all-pervading fog. But the man came +nearer and nearer; he was behaving peculiarly; he was looking into +every door-way, and when he came to the "Sign of the Arbour," a very +ancient shop full of recesses, he went into each of these recesses, so +that a spectator saw him alternately appearing and disappearing. When +he at length reappeared just under a lamp Berger recognised him; it was +really the old servant. "Like a faithful dog seeking his master," he +said to himself as he hurried towards him.</p> + +<p class="normal">Franz rushed to meet him. "You know nothing of him?"</p> + +<p class="normal">"Be quiet, man. We will look for him together."</p> + +<p class="normal">"No, separately!" He seized Berger's arm and grasped it convulsively. +"You by the river-side and I up here. There is not a moment to lose."</p> + +<p class="normal">Berger asked no more questions but hurried down the broad, inclined +street that led to the river. Here, in Cross Street, where most of the +pleasure-resorts were, there were still signs of life; he had +repeatedly to get out of the way of drunken men who passed along +bawling; poor forlorn looking girls brushed past him. In one of the +quieter streets he noticed a moving light coming nearer and nearer: it +was a large lantern in the hand of a servant who was carefully lighting +the gentleman who followed him.</p> + +<p class="normal">Berger recognised the features of the little, wizened creature who, in +spite of the awful weather was contentedly tripping along, with +satisfaction in every lineament, under the shelter of a mighty +umbrella; it was the Deputy Chief-Justice, Herr von Werner. He would +have passed by without a word, but Werner recognised him and called to +him.</p> + +<p class="normal">"Eh! eh! it's Dr. Berger!" he snickered. "Out so late! Hee, hee! I seem +to be meeting all the important people! First--hee! hee! the Lord Chief +Justice and now----"</p> + +<p class="normal">"Have you seen him?"</p> + +<p class="normal">"Why yes. You are surprised? So was I! Just as I stepped out of my +son-in-law's house, he passed by. I called after him because I wanted +to tell him the news. For you may congratulate me, Dr. Berger. +Certainly, you annoyed me this morning, you annoyed me very much I but +in my joy I will forgive you! My first grandson, a splendid boy, and +how he can cry!"</p> + +<p class="normal">"Where did you see him? When?"</p> + +<p class="normal">"Eh! goodness me, what is the matter with you? It was scarcely five +minutes ago, he was going--only fancy--towards Wurst Street. You seem +upset! And he wouldn't listen to me! Why, what is the matter?"</p> + +<p class="normal">Berger made no reply. Without a word of farewell, he rushed +precipitately down the street out of which Werner had come and turned +to the right into a narrow, dirty slum which led by a steep incline to +the river.</p> + +<p class="normal">This was Wurst Street, the poorest district of the town, the haunt of +porters, boatmen and raftsmen; alongside the narrow quay in which the +street ended, lay their craft; the corner building next the river was +the public house which they frequented. A light still glimmered behind +its small window-panes and, as Berger hurried by, the sound of rough +song and laughter greeted his ears.</p> + +<p class="normal">He did not stop till he came right up to the river's edge. Its waters +were swollen by the autumn rains; swift and tumultuous they coursed +along its broad bed, perceptible to the ear only, not to the eye, so +fearfully dark was the night. Berger could not even distinguish the +wooden foot-bridge that here crossed the river, until he was close up +to it.</p> + +<p class="normal">Hesitatingly he stepped upon the shaky structure. The bridge was +scarcely two foot broad, its balustrade was rotten and the footway +slippery. Over on the other side a solitary light, a lantern, was +struggling against wind and fog; its reflection swayed uncertainly on +the soaking bridge; when it suddenly flared up in the wind, its +flickering, red light revealed for a moment the angry, swollen flood.</p> + +<p class="normal">Berger stood still irresolutely; the place was so desolate, so uncanny; +should he stay any longer? Then suddenly a low cry escaped him and he +darted forward a step. The lantern opposite had just flared up and by +its reflection he had seen a man approach the bridge and step upon it. +It seemed to Berger as if this were Sendlingen, but he did not know for +certain, as the lantern was again giving only the faintest glimmer.</p> + +<p class="normal">The man approached nearer, slowly, and with uncertain step, groping for +the balustrade as he came. Once more the lantern flared up--there was +the long Inverness, the gray hat--Berger doubted no longer.</p> + +<p class="normal">"Victor!"</p> + +<p class="normal">He would have shouted at the top of his voice, but the word passed over +his lips huskily, almost inaudibly: he would have darted forward ... +but could only take one solitary step more, so greatly had the +weirdness of the situation overpowered him.</p> + +<p class="normal">Sendlingen did not perceive him: he stopped scarcely ten paces from his +friend and bent over the balustrade. Resting on both arms, there he +stood, staring at the wild and turbulent water.</p> + +<p class="normal">Thus passed a few seconds.</p> + +<p class="normal">Again the lantern flickered up, for a moment only it gave a clear +light. Sendlingen had suddenly raised himself and Berger saw, or +thought he saw, that the unfortunate man was now only resting with one +hand on the railing, that his body was lifted up....</p> + +<p class="normal">"Victor!"</p> + +<p class="normal">In two bounds, in two seconds, he was beside him, had seized him, +clasped him in his arms.</p> + +<p class="normal">"George!"</p> + +<p class="normal">Awful, thrilling was the cry--a cry for help?--or a cry of baffled +rage?</p> + +<p class="normal">Then Berger felt this convulsive body suddenly grow stiff and heavy--he +was holding an unconscious burden in his arms.</p> +<br> +<br> +<br> +<br> +<h2>CHAPTER VII.</h2> + +<p class="normal">Shortly after there was such vigorous knocking at the windows of the +little river-side inn that the panes were broken. The landlord and his +customers rushed out into the street, cursing. But they ceased when +they saw the scared looking figure with its singular burden; silently +they helped to bring the prostrate form into the house. The landlord +had recognized the features; he whispered the news to the others, and +so great was the love and reverence that attached to this name, that +the rough, half-drunken fellows stood about in the bare inn-parlor, as +orderly and reverent as if they were in Church.</p> + +<p class="normal">The body lay motionless on the bench which they had fetched; a feather, +held to the lips, scarcely moved, so feebly did the breath come and go. +The one remedy in the poor place, the brandy with which his breast and +pulses were moistened, proved useless; not till the parish doctor, whom +a raftsman hurriedly fetched, had applied his essences, did the +unconscious man begin to breathe more deeply and at length open his +eyes. But his look was fixed and weird; the white lips muttered +confused words. Then the deep red eyelids closed again; they showed, as +did the tear-stains on his cheeks, how bitterly the poor wretch had +been weeping in his aimless wanderings.</p> + +<p class="normal">"We must get him home at once," said the Doctor. "There is brain fever +coming on."</p> + +<p class="normal">Berger sent to the hospital for a litter; it was soon on the spot; +the sick man was carefully laid on it. The bearers stepped away +rapidly; the doctor and Berger walked alongside. When they reached the +market-place they came across Franz. "Dead?" he screamed; but when he +heard the contrary, he said not another word, but hurried on ahead.</p> + +<p class="normal">In this way Fräulein Brigitta was informed; she behaved more calmly +than Berger could have believed. The bed was all ready; the Doctor +attached to the Courts was soon on the spot. He was of the same opinion +as his colleague. "A mortal sickness," he told Berger, "the fever is +increasing, his consciousness is entirely clouded. Perhaps it is owing +to overwork at the Inquiry in Vienna?" he added. "He may have caught a +severe cold on the top of it."</p> + +<p class="normal">The parish doctor departed, Franz was obliged to go to the chemist's; +Berger and the resident doctor remained alone with the invalid. The +barrister had a severe struggle with himself; should he tell the +doctor the whole truth? To any unsuspecting person, Sendlingen's +demeanor must have seemed like the paroxysm of a fever, but he knew +better! Certainly the sufferer was physically ailing, but it was not +under the weight of empty fancies that he was gently sobbing, or +burying his anguish-stricken face in the pillow; the excess of his +suffering, the terror of his lonely wanderings had completely broken +down his strength; all mastery of self had vanished; he showed himself +as he was; in a torment of helplessness. And that which seemed to the +doctor the most convincing proof of a mind unhinged Berger understood +only too well; as for instance when Sendlingen beckoned to him, and +beseechingly whispered, as if filled with the deepest shame: "Go, +George, can't you understand that I can no longer bear your looks?"</p> + +<p class="normal">After this Berger went out and sank into a chair in the lobby, and the +gruesome scene rose before him again; the lonely bridge lit by the +flickering lantern; the roaring current beneath him ... "Oh, what +misery!" he groaned, and for the first time for many years, for the +first time perhaps, since his boyhood, he broke out into sobs, even +though his eyes remained dry.</p> + +<p class="normal">A rapid footstep disturbed him. It was Franz returning with the +medicine. Berger told him to send the doctor to him at once.</p> + +<p class="normal">"Doctor," he said, "you shall know the truth as far as I am at liberty +to tell it." A misfortune, he told him, had befallen Sendlingen, a +misfortune great enough to crush the strongest man. "Your art," he +concluded, "cannot heal the soul, I know. But you can give my poor +friend what he most of all needs; sleep! Otherwise his torture will +wear out both body and soul."</p> + +<p class="normal">The doctor asked no questions; for a long while he looked silently on +the ground. Then he said, briefly: "Good! Fortunately I have the +necessary means with me."</p> + +<p class="normal">He went back to the sick-room. Ten minutes later, he opened the door +and made Berger come in. Sendlingen was in a deep sleep; and it must +have been dreamless, for his features had smoothed themselves again.</p> + +<p class="normal">"How long will this sleep last?" asked Berger.</p> + +<p class="normal">"Perhaps till mid-day to-morrow," replied the doctor, "perhaps longer, +since the body is so exhausted. At least, we shall know to-morrow +whether there is a serious illness in store. But even if there is not, +if it is only the torture of the mind that returns, it will be bad +enough. Very bad, in fact. Do you know no remedy for it?"</p> + +<p class="normal">"None!" answered the honest lawyer, feebly. They parted without a word +in the deepest distress.</p> + +<p class="normal">By earliest dawn, when the bells of the Cathedral rang forth for the +first time, Berger was back again in his friend's lobby. "Thank God, he +is still sleeping," whispered Fräulein Brigitta. "The worse has past, +hasn't it?"</p> + +<p class="normal">"We will hope so," he replied, constrainedly. For a long time he stood +at the window and stared out into the court-yard; involuntarily his +gaze fixed itself on the little door in the wall which was so small and +low that he had never noticed it before; now he observed it for the +first time.</p> + +<p class="normal">Then he roused himself and went to the other part of the building to +see his unfortunate client. "How is Victorine Lippert?" he asked of the +Governor who happened to be at the door.</p> + +<p class="normal">"Poor thing!" he said, with a shrug of the shoulders. "It will soon be +all over with her, and that will be the best thing for her."</p> + +<p class="normal">"Has she been suddenly taken ill?"</p> + +<p class="normal">"No, Dr. Berger, she is just the same as before, but the doctor does +not think she will last much longer. 'Snuffed out like a candle,' he +says. If she had any sort of hope to which her poor soul might cling; +but as it is ... Herr von Werner had sent him to her to see what +punishment she could bear for yesterday's scene in Court, but the +doctor said to him afterward: 'It would be sheer barbarity! Let her die +in peace!' But Herr von Werner was of opinion that he could not pass +over the offence without some punishment, and that she would survive +one day of the dark cell; he only relented when Father Rohn interceded +for her. The priest was with her yesterday at two o'clock, and has made +her peace with God. Do you still intend to appeal? Well, as you think +best. But it will be labor in vain, Dr. Berger! She will die before you +receive the decision."</p> + +<p class="normal">"God forbid!" cried Berger.</p> + +<p class="normal">The Governor shook his head. "She would be free in that case," he said. +"Why should you wish her to live? What do you hope to attain? +Commutation to penal servitude for life, or imprisonment for twenty +years! Does that strike you as being better? I don't think so; in my +profession it is impossible to believe it, Dr. Berger. Well, as you +think best! If you want to speak to Victorine Lippert, the warder shall +take you round."</p> + +<p class="normal">The Governor departed; Berger stood looking after him a long while. +Then he stepped out into the prison yard and paced up and down; he felt +the need of quieting himself before going into her cell. "That would be +frightful," he thought. "And yet, perhaps, the man is right, perhaps it +would really be best for her--and for him!" He tried to shake off the +thought, but it returned. "And it would mean the end of this fearful +complication, a sad, a pitiable end--but still an end!" But then he +checked himself. "No, it would be no end, because it would be no +solution. In misery he would drag out his whole existence; in remorse; +in despair! No, on the contrary, her death might be the worst blow that +could befal him! But what is to be done to prevent it? It would be +possible to get her ordered better food, a lighter cell, and more +exercise in the open. But all that would be no use if she is really as +bad as the doctor thinks! She will die--O God! she will die before the +decision of the Supreme Court arrives."</p> + +<p class="normal">More perplexed and despairing than before, he now repaired to her cell. +The warder unlocked it and he entered.</p> + +<p class="normal">Victorine was reclining on her couch, her head pressed against the +wall. At his entrance, she tried to rise, but he prevented her. "How +are you?" he asked. "Better, I hope?"</p> + +<p class="normal">"Yes," she answered softly, "and all will soon be well with me."</p> + +<p class="normal">He knew what she meant and alas! it was only too plainly visible that +this hope at least was not fallacious. Paler than she had latterly been +it was almost impossible that she should become, but more haggard +Berger certainly thought her; her whole bearing was more broken down +and feeble. "She is right," he thought, but he forced himself and made +every endeavour to appear more confident than he really was.</p> + +<p class="normal">"I am glad of that!" He tried to say it in the most unconstrained +manner in the world, but could only blurt it out in a suppressed tone +of voice. "I hope----"</p> + +<p class="normal">She looked at him, and, in the face of this look of immeasurable grief, +of longing for death, the like of which he had never seen in any human +eyes, the words died on his lips. It seemed to him unworthy any longer +to keep up the pretence of not understanding her. "My poor child," he +murmured, taking her hand, "I know. I know. But you are still young, +why will you cease to hope? I have drawn up the appeal, I shall lodge +it to-day--I am sure you will be pardoned."</p> + +<p class="normal">"That would be frightful!" she said in a low tone. "I begged you so +earnestly to leave it alone. But I am not angry with you. You have done +it because your pity constrained you, perhaps, too, your conscience and +sense of justice--and to me it is all one! My life at all events, is +only a matter of weeks: I shall never leave this cell alive! Thank +Heaven! since yesterday afternoon this has become a certainty!"</p> + +<p class="normal">"The doctor told you? Oh, that was not right of him."</p> + +<p class="normal">"Do not blame him!" she begged. "It was an act of humanity. If he had +only told me to relieve me of the fear of the hangman, he should be +commended, not reproved. But it happened differently; at first he did +not want to tell me the truth, it was evident from what he was saying, +and when the truth had once slipped out, he could no longer deny it. He +was exhorting me to hope, to cling to life, he spoke to me as you do, +'for otherwise' he said, 'you are lost! My medicines cannot give you +vital energy!' His pity moved him to dwell on this more and more +pointedly and decidedly. 'If you do not rouse yourself,' he said at +last, 'you will be your own executioner.' He was frightened at what he +had said almost before he had finished, and still more when I thanked +him as for the greatest kindness he could have done me. He only left me +to send Father Rohn. He came too, but----"</p> + +<p class="normal">She sighed deeply and stopped.</p> + +<p class="normal">"He surely didn't torture you with bigoted speeches?" asked Berger. "I +know him. Father Rohn is a worthy man who knows life; he is a human +being ..."</p> + +<p class="normal">"Of course! But just because he is no hypocrite he could say nothing +that would really comfort me for this life. At most for that other +life, which perhaps--no certainly!" she said hurriedly. "So many people +believe in it, good earnest men who have seen and suffered much +misfortune, how should a simple girl dare to doubt it? Certainly, Dr. +Berger, when I think of my own life and my mother's life, it is not +easy to believe in an all-just, all-merciful God. But I do believe in +Him--yes! though so good a man as Father Rohn could only say: amends +will be made up there. Only the way he said it fully convinced me! But, +after all, he could only give me hope in death, not hope for life."</p> + +<p class="normal">"Certainly against his will," cried Berger. "You did not want to +understand him."</p> + +<p class="normal">"Yes, Dr. Berger, I did want to understand him and understood him--in +everything--excepting only one thing," she added hesitatingly. "But +that was not in my power--I could not! And whatever trouble he took it +was in vain."</p> + +<p class="normal">"And what was this one thing?"</p> + +<p class="normal">"He asked me if there was no one I was attached to, who loved me, to +whom my life or death mattered? No, I answered, nobody--and then he +asked--but why touch upon the hateful subject! let us leave it alone, +Dr. Berger."</p> + +<p class="normal">"No," cried Berger, white with emotion, "I implore you, let us talk +about it. He asked you whether you did not know your father."</p> + +<p class="normal">She nodded; a faint red overspread her pale cheeks.</p> + +<p class="normal">"And you answered?"</p> + +<p class="normal">"What I have told you: that I did not know him, that if he were living +I should not love and reverence him as my father, but hate and despise +him as the wretch who ruined my mother!" She had half raised herself, +and had spoken with a strength and energy that Berger had not believed +possible. Now she sank back on her couch.</p> + +<p class="normal">He sighed deeply. "And you adhered to that," he began again, "whatever +Father Rohn might say? He told you that on the threshold of--that in +your situation one should not hate, but forgive, that whoever hopes for +God's mercy must not himself condemn unmercifully!"</p> + +<p class="normal">"Yes," she replied, "he said so, if perhaps in gentler words. For he +seemed to feel that I did not require to depend on God's mercy, but +only on His justice."</p> + +<p class="normal">"Forgive me!" muttered Berger. "For I know your fate and know you. +But just because I know your affectionate nature and your need of +affection----" He stopped. "Gently," he thought, "I must be cautious." +"Don't consider me unfeeling," he then continued, "if I dwell upon this +matter, however painful it may be to you. Just this one thing: does it +follow that this man must be a wretch? Were there not perhaps fatal +circumstances that bound him against his will and prevented him doing +his duty to your poor mother?"</p> + +<p class="normal">"No," she answered. "I know there were not!"</p> + +<p class="normal">"You know there were not?" murmured Berger in the greatest +consternation. "But do you know him?"</p> + +<p class="normal">"Yes. I know his heart, his character, and that is enough. What does it +matter to me what his name is, or his station? Whether he is living or +dead? To me he has never lived! I know him from my mother's judgment, +and that she, the gentlest of women, could not judge otherwise, proves +his unworthiness. Only one single time did she speak to me of him, when +I was old enough to ask and to be told why people sometimes spoke of us +with a shrug of the shoulders. 'If he had been thoughtless and weak,' +she said to me, 'I could have forgiven him. But I have never known a +man who viewed life more earnestly and intelligently: none who was so +strong and brave and resolute as he. It was only from boundless +selfishness, after mature, cold-blooded calculation that he delivered +me to dishonor, because I was an obstacle in his career.' You see he +was more pitiless than the man whom I trusted."</p> + +<p class="normal">"No," cried Berger in the greatest excitement. "You do him injustice!"</p> + +<p class="normal">"Injustice! How do you know that? Do you know him?"</p> + +<p class="normal">He turned away and was silent. "No," he then murmured, "how should I +know him?"</p> + +<p class="normal">"Then why do you dissent from me with such conviction? Oh, I +understand," she went on bitterly, "you, even you, don't think my +mother's words trustworthy, and simply because she allowed herself to +be deluded by a wretch!"</p> + +<p class="normal">"No, indeed!" returned Berger, trying to compose himself, "for I know +how noble, how true and good your mother was, I know it from her +letters. The remark escaped me unawares. But you are right. Let us drop +this subject."</p> + +<p class="normal">Then he asked her if she would like to have some books. She answered in +the negative and he left the cell.</p> + +<p class="normal">"Sendlingen must never see her!" he thought when he was back in the +street. "If he were to enter her cell he would betray himself and then +learn what she thinks of him! It would utterly crush him. That, at +least, he shall be spared."</p> + +<p class="normal">But the next few minutes were to show him that he had been planning +impossibilities. As he passed the Chief Justice's residence, an +upstairs window opened; he heard his name called loud and anxiously. It +was Fräulein Brigitta. "Quickly," cried she, beckoning him to come up.</p> + +<p class="normal">He hurried up the stairs, she rushed to meet him. "Heaven has sent you +to us," she cried, weeping and wringing her hands. "How fortunate that +I accidentally saw you passing. We were at our wits' end? He insists on +going out. Franz is to dress him. We do not know what has excited him +so. Father Rohn has been to see him, but he talked so quietly with him +that we breathed again indeed. It is manifestly a sudden attack of +fever, but we cannot use force to him."</p> + +<p class="normal">Berger hurried to the bedroom. Sendlingen was reclining in an +arm-chair, Franz was attending to him. At his friend's entrance he +coloured, and held up his hand deprecatingly. "They have fetched you," +he cried impatiently. "It is useless! I am not going to be prevented!"</p> + +<p class="normal">Berger signed to Franz to leave the room. Not until the door was closed +behind him did he approach the sick man, and take his hand, and look +searchingly into his face. It reassured him to see that, though his +eyes were dim, they no longer looked wild and restless as they did a +few hours ago.</p> + +<p class="normal">"You are going to her?" he asked. "That must not be."</p> + +<p class="normal">"I must!" cried Sendlingen despairingly. "It is the one thought to +which I cling to avoid madness. When I awoke--I was so perplexed and +desolate, I felt my misery returning--then I heard Rohn's voice in the +next room. They were going to send him away: I was still asleep, they +said,--but I made him come in, because I wanted to hear some other +voice than that of my conscience, and because I was afraid of myself. I +did not dream that he was bringing me a staff by which I could raise +myself again."</p> + +<p class="normal">"You asked him about her?"</p> + +<p class="normal">"No, by the merest chance he began to tell me of his talk with her +yesterday, and how she was wasting away because there was no one on +earth for whose sake she could or would rouse herself. Oh, what I felt! +Despair shook my heart more deeply than ever, and yet I could have +thanked him on my knees for these good tidings. Now my life has an +object again, and I know why Fate has allowed me to survive this day."</p> + +<p class="normal">Berger was silent--should he, dared he, tell the truth? "Think it +over a while," he begged. "If you were to betray yourself to the +officials----"</p> + +<p class="normal">"I shall not do so. And if I did, how could that trouble me? Don't you +see that a man in my situation cannot think of himself or any such +secondary consideration?"</p> + +<p class="normal">"That would be no secondary consideration. And could you save her by +such a step? The situation remains as it was!"</p> + +<p class="normal">"Are you cruel enough to remind me of that?" cried Sendlingen. "But, +thank God! I am clear enough to give you the right answer instead of +allowing myself to be oppressed by misery. Now listen; I shall do what +I can! From the hangman, from the prison, I may not be able to save my +child, but perhaps I can save her from despair, from wasting away. I +shall say to her: live for your father, as your father lives for you! +Perhaps this thought will affect her as it has affected me; it has +saved me from the worst. Another night like last night, George!" He +stopped and a shudder ran through his body. "Such a night shall not +come again! I do not know what is to be done later on, but my immediate +duty is clear. I have been fighting against the instinct that drew me +to her, as against a suggestion of madness; I now see that it was +leading me aright."</p> + +<p class="normal">He laid his hand on the bell to summon Franz. Berger prevented him, +"Wait another hour," he implored. "I will not try to hinder you any +more; I see that it would be useless, perhaps unjust. But let me speak +to her first. Humour me in this one thing only. You agreed to do so +yesterday."</p> + +<p class="normal">"So be it!" said Sendlingen. "But you must promise not to keep me +waiting a minute longer than is absolutely necessary."</p> + +<p class="normal">Berger promised and took his leave. He was not a religious man in the +popular sense of the word, and yet as he again rang the prison bell, he +felt as if he must pray that his words would be of effect as a man only +can pray for a favour for himself.</p> + +<p class="normal">The warder was astonished when he again asked admission to the cell, +and Victorine looked at him with surprise.</p> + +<p class="normal">He went up to her. "Listen to me," he begged. "I have hitherto wished +to conceal the truth from you, with the best intentions, but still it +was not right. For falsehood kills and truth saves, always and +everywhere--I ought to have remembered that. Well then; I know your +father; he is my best friend, a man so noble and good, so upright and +full of heart, as are few men on this poor earth."</p> + +<p class="normal">She rose. "If that were so my mother would have lied," she cried. "Can +I believe you rather than my mother? Can you expect that of me?"</p> + +<p class="normal">"No," he replied. "Your mother judged him quite correctly. He did not +betray her through thoughtlessness, nor forsake her through weakness. +But much less still from cold-blooded calculation. No external +constraint weighed upon him but an internal,--the constraint of +education, of his convictions, of his views of the world and men, in +short, of his whole being, so that he could hardly have acted +differently. With all this there was such a fatal, peculiar +concatenation of external circumstances, that it would have needed a +giant soul not to have succumbed. We are all of us but men. I would not +trust anyone I know, not even myself, to have been stronger than he +was! Not one, Victorine! Will you believe me?"</p> + +<p class="normal">"My mother judged otherwise!" she replied. "And will you perhaps also +attempt to justify the fact that he never concerned himself about his +child?"</p> + +<p class="normal">"He knew nothing of you," cried Berger. "He did not dream that he had a +child in the world! And one thing I can assure you: if he had +accidentally heard that you were alive, he would not have rested until +he had drawn you to his heart, he would have sheltered you in his arms, +in his house, from the battle with misery and the wickedness of men. +Not only his heart would have dictated this, but the absence of +children by his marriage, and his sense of justice: so as to make good +through you what he could no longer make good to your poor mother. If +you could only imagine how he suffers!--You must surely be able to feel +for him: a noble man, who suddenly learns that his offence is ten times +greater than he had thought or dreamt; that he has a child in the world +against whom also he has transgressed, and who learns all this at a +moment when he can make no reparation--in such a moment--can you grasp +this, Victorine?"</p> + +<p class="normal">Her face remained unmoved. "What shall I say?" she exclaimed gloomily. +"If he really suffers, the punishment is only just. What did my mother +not suffer on his account! And I!"</p> + +<p class="normal">"But can we ascribe all the blame to him?" he cried. "All, Victorine?"</p> + +<p class="normal">"Perhaps," she answered. "But if not all, then the most, so much that I +will certainly believe you in one thing; if he is a human being at all, +then he should now be suffering all the tortures of remorse. Still, as +great as my sorrow, his cannot be! And is my guilt greater than his? +And has he, too, to expiate it with honour and life?"</p> + +<p class="normal">"Quite possibly!" he cried. "Perhaps with his life, seeing that he +cannot, situated as he now is, expiate it with his honour. Oh, if you +knew all! If you knew what an unprecedented combination of +circumstances has heightened the sense of his guilt, has increased his +sorrow to infinite proportions. And you shall know all."</p> + +<p class="normal">"I will not hear it," she cried with a swift movement of repulsion, "I +do not care, I may not care about it. I will not be robbed of my +feelings against this man. I will not! His punishment is just--let us +drop the subject."</p> + +<p class="normal">"Just! still this talk about just! You are young but you have +experienced enough of life, you have suffered enough, to know how far +this justice will bring us. An eye for an eye and a tooth for a +tooth--shall this pitiless web of guilt and expiation continue to spin +itself everlastingly from generation to generation? Can't you +understand that this life would be unendurable if a high-minded deed, a +noble victory over self, did not at times rend the web? You should +understand this, poor child, you more than anyone. Do such a deed, +forgive this unhappy man!"</p> + +<p class="normal">"Did he send you to me on this mission?"</p> + +<p class="normal">"No. I will be truthful in the smallest detail: I myself wrested from +him permission to prepare you for his coming. I wished to spare you and +him the emotions of a melancholy contest. For he does not even suspect +what you think of him."</p> + +<p class="normal">"He does not suspect it?" she cried. "He thinks that the balance is +struck, if he graces a fallen, a condemned creature with a visit! Oh, +and this man is noble and sensitive!"</p> + +<p class="normal">"You are unjust to him in that, too," protested Berger. "And in that +most of all. That he who can usually read the hearts of men like a +book, has not thought of this most obvious and natural thing, shows +best of all how greatly his misery has distracted and desolated him. He +only wants one thing: to come to you, to console you, to console +himself in you."</p> + +<p class="normal">"I will not see him, you must prevent it."</p> + +<p class="normal">"I cannot. I have tried in vain. He will come; his reason, perhaps his +life, depend upon the way you may receive him."</p> + +<p class="normal">"Do not burden me with such responsibilities," she sobbed despairingly. +"I cannot forgive him. But I desire nobody's death, I do not wish him +to die. Tell him what you like, even that I forgive him, but keep him +away, I implore you."</p> + +<p class="normal">She would have thrown herself at his feet but he prevented her. "No, +not that," he murmured. "I will not urge any more. As God wills."</p> + +<p class="normal">A few minutes later he was again with Sendlingen. "She knows all," he +told him, "except your name and station. She does not desire your +visit--she--dreads the excitement."</p> + +<p class="normal">He stopped short and looked anxiously at his friend; he feared another +sudden outburst of despair.</p> + +<p class="normal">But it did not come. Sendlingen certainly started as in pain, but then +he drew himself up to his full height. "You are concealing the truth +from me," he said. "She does not wish to see her mother's betrayer. I +did not think of it before, but I read it at once in your looks of +alarm. That is bad, very bad--but stop me, it cannot. Where the +stranger has tried in vain the father will succeed. My heart tells me +so."</p> + +<p class="normal">He called for his hat and stick and leaning on Berger's arm, went down +the steps. In the street he loosed his hold: the energy of his soul had +given his body new strength. With a firm step he walked to the prison +door, and the quiver in his voice was scarcely perceptible as he gave +the warder the order to open Victorine Lippert's cell.</p> + +<p class="normal">The official obeyed. The prisoner hardly looked up when she heard the +bolts rattle yet another time. The warder felt himself in duty bound to +call her attention to the importance of the visit she was about to +receive. "His Lordship, the Chief Justice, Baron Sendlingen!" he +whispered to her. "Inspection of the Cells. Stand up." He stepped back +respectfully to admit Sendlingen and locked the door after him.</p> + +<p class="normal">The two were alone. Victorine had risen as she had been told: once only +did she cast a transient and nonchalant look at the tall figure before +her, then she remained standing with bowed head. Similar inspections +had frequently taken place before; in each case the functionary had +briefly asked whether the prisoner wished anything or had any complaint +to make. This question she was waiting for now in order to reply as +briefly in the negative; she wanted nothing more.</p> + +<p class="normal">But he was silent, and as she looked up surprised--"Merciful God!" she +cried, and reeled back on to her couch, covering her face with her +trembling hands.</p> + +<p class="normal">She knew who this man was at once, at the first glance. How she had +recognised him with such lightning speed, she could not determine, even +later when she thought the matter over. It was half dark in the cell, +she had not properly seen his features and expression. Perhaps it was +his attitude which betrayed him. With bowed head, his hands listlessly +hanging by his sides, he stood there like a criminal before his judge.</p> + +<p class="normal">At her exclamation, he looked up and came nearer. "Victorine," he +murmured. She did not understand him, so low was his stifled +articulation. "My child!" he then cried aloud and darted towards her. +She rose to her feet and stretched out her hands as if to repel him, +gazing at him all the while with widely opened eyes. And again she did +not know what it was that suddenly penetrated and moved her heart. Was +it because his face seemed familiar to her, mysteriously familiar, as +if she had seen it ever since she could think?... Yes, it was so! For +what unknown to herself, had overpowered her, was the likeness to her +own face. Or was it perhaps the silent misery of his face, the +beseeching look of his eyes? She felt the bitter animosity to which she +had despairingly clung, the one feeling of which she would not be +robbed, suddenly melt away.</p> + +<p class="normal">"I cannot," she still faltered, but in the same breath she lifted up +her arms. "Father!" she cried and threw herself on his breast.</p> + +<p class="normal">He caught her in his arms and covered her head and face with tears and +kisses. Then he drew her upon his knees and laid her head on his +breast. Thus they sat and neither spoke a word; only their tears flowed +on and on.</p> +<br> +<br> +<br> +<br> +<h2>CHAPTER VIII.</h2> + +<p class="normal">Half an hour might have passed since Sendlingen entered his daughter's +cell: to Berger, who was pacing up and down outside as sentry, it +seemed an eternity. The warder, too, was struck by the proceeding. This +zealous, but very loquacious official, whom Berger had known for many +years, approached him with a confidential smile. "There must--naturally +enough--be something strange going on in there," he said as he pointed +with a smirk towards the cell. "Something very strange."</p> + +<p class="normal">Berger at first stared at the man as much disconcerted as if he had +said that he knew the secret. "What do you mean by that," he then said +roughly. "Your opinions are not wanted."</p> + +<p class="normal">The warder looked at him amazed. "Well, such as we--naturally +enough--are at least entitled to our thoughts," he replied. "There has +been a run upon this cell since yesterday as if it contained a +princess! First the doctor. Father Rohn and you, Herr Berger--and now +his Lordship the Chief Justice, and all in little more than an hour's +time. That doesn't occur every day, and I know the reason for it."</p> + +<p class="normal">Berger forced himself to smile. "Of course you do, because you're such +a smart fellow, Höbinger! What is the reason of it?"</p> + +<p class="normal">"Well with you, Dr. Berger, I can--naturally enough--talk about the +matter," replied the warder flattered, "although you are the prisoner's +counsel and a friend of the Chief Justice. But in 1848 you made great +speeches and were always on the side of the people; you will not betray +me, Dr. Berger. Well--naturally enough--it is the old story: there is +no such thing as equality in this world! If she, in there, were a +servant-girl who had been led astray by a servant-man, not a soul would +trouble their heads about her! But she is an educated person, and what +is the principal thing--her seducer is a Count--that alters matters. Of +course she had to be condemned--naturally enough--because the law +requires it, but afterwards every care is taken of her, and if she were +to get off with a slight punishment I, for one, shouldn't be surprised. +Of course the Governor says that that's nonsense; if it were a case of +favouritism he says, Herr von Werner would have behaved differently to +her; the Vice Chief Justice, he says, has a very keen scent for +favouritism; you, Höbinger, he says--naturally enough--are an ass! But +I know what I know, and since his Lordship has taken the trouble to +come, not in a general inspection, but on a special visit that is +lasting longer than anything that has ever been heard or dreamt of, I +am quite convinced that it is not I, but on the contrary, the +Governor...."</p> + +<p class="normal">But the crafty fellow did not allow this disrespect to his superior to +pass his lips, but contented himself by triumphantly concluding: +"Naturally enough--is it not, Dr. Berger?"</p> + +<p class="normal">Berger thought it best to give no definite answer. If this chatter-box +were to confide his suspicions to the other prison officials, it would +at least be the most harmless interpretation and therefore he only +said: "You think too much, Höbinger. That has often proved dangerous to +many men."</p> + +<p class="normal">Another half hour had gone by and Berger's anxiety and impatience +reached the highest pitch. He was uncertain whether to put a favourable +or an unfavourable interpretation upon this long stay of Sendlingen's, +and even if he had succeeded in touching his child's heart, yet any +further talk in this place and under these conditions was a danger. How +great a danger, Berger was soon to see plainly enough.</p> + +<p class="normal">The artful Höbinger was slinking about near the cell more and more +restlessly. Only Berger's presence kept him from listening at the +key-hole, or from opening the little peep-hole at the door, through +which, unobserved by the prisoner, he could see the inside of every +cell.</p> + +<p class="normal">The desire was getting stronger and stronger; his fingers itched to +press the spring that would open it. At last, just as Berger had turned +his back, he succumbed to his curiosity; the little wooden door flew +open noiselessly--he was going to fix his eyes in the opening....</p> + +<p class="normal">At that moment Berger happened to turn round. "What are you doing +there?" he cried in such a way that the man started and stepped back. +In a second Berger was beside him, had seized his arms and flung him +aside. "What impertinence!" he cried.</p> + +<p class="normal">The warder was trembling in every limb. "For God's sake," he begged, +"don't ruin me. I only wanted to see whether--whether his Lordship was +all right."</p> + +<p class="normal">"That's a lie!" cried Berger with intentional loudness. "You have +dared----"</p> + +<p class="normal">He did not require to finish the sentence; his object was attained: +Sendlingen opened the door and came out of the cell. His face bore once +more its wonted expression of kindly repose; he seemed to have +recovered complete mastery of himself.</p> + +<p class="normal">"You can lock up again," he said to the warder. He seemed to understand +what had just passed for he asked no questions.</p> + +<p class="normal">Still Höbinger thought it necessary to excuse himself. "My Lord," +he stammered, "I only wanted to do my duty. It sometimes happens +that--that criminals become infuriated and attack the visitors."</p> + +<p class="normal">"Does that poor creature in here strike you as being dangerous?" asked +Sendlingen. It seemed to Berger almost unnatural that he could put +forth the effort to say this, nay more, that he could at the same time +force a smile.</p> + +<p class="normal">"My Lord----"</p> + +<p class="normal">"Never mind, Höbinger! You were perhaps a little inquisitive, but that +shall be overlooked in consideration of your former good conduct. +Besides, prisoners are allowed no secrets, at all events after their +sentence." Turning to Berger he continued: "She must be taken to the +Infirmary this afternoon, it is a necessity. Have you anything else to +do here? No? Well, come back with me."</p> + +<p class="normal">It all sounded so calm, so business-like--Berger could hardly contain +his astonishment. He would never have believed his friend capable of +such strength and especially after such a night--after such an +interview! "I admire your strength of nerve," cried he when they got +out into the street. "That was a fearful moment."</p> + +<p class="normal">"Indeed it was!" agreed Sendlingen, his voice trembling for the first +time. "If the fellow had cast one single look through the peep-hole, we +should have both been lost! Fancy Höbinger, the warder, seeing the +Chief Justice with a criminal in his arms!"</p> + +<p class="normal">"Ah then, it came to that?"</p> + +<p class="normal">"Should I otherwise be so calm? I am calm because I have now an object +again, because I see a way of doing my duty. Oh, George, how right you +were: happy indeed am I that I live and can pay my debt."</p> + +<p class="normal">"What do you think of doing?"</p> + +<p class="normal">"First of all the most important thing: to preserve her life, to +prepare her for life. As I just said, she shall be allotted a cell in +the Infirmary and have a patient's diet. I may do this without +dereliction of duty: I should have to take such measures with anyone +else if I knew the circumstances as accurately as I do in this case."</p> + +<p class="normal">"But you will not be able to visit her too often in the Infirmary," +objected Berger.</p> + +<p class="normal">"Certainly not," replied Sendlingen. "I see that the danger is too +great, and I told her so. Yes, you were right in that too: it is no +secondary consideration whether our relationship remains undiscovered +or not. I cannot understand how it was that I did not see this before: +why, as I now see, <i>everything</i> depends upon that. And I see things +clearly now; this interview has worked a miracle in me, George--it has +rent the veil before my eyes, it has dispelled the mist in my brain. I +know I can see Victorine but seldom. On the other hand Brigitta will be +with her daily: for she is a member of the 'Women's Society,' and it +will strike nobody if she specially devotes herself to my poor child."</p> + +<p class="normal">"It will not strike others, but will she not herself guess the truth?"</p> + +<p class="normal">"Why, she shall know all! I will tell her this very day. She is +entirely devoted to me, brave and sterling, the best of women. Besides +I have no choice. Intercourse with a good, sensible woman is of the +most urgent necessity to my poor dear. But I have not resolved on this +step simply for that reason. I shall need this faithful soul later on +as well."</p> + +<p class="normal">"I understand--after the term of imprisonment is at an end."</p> + +<p class="normal">Sendlingen stood still and looked at his friend; it was the old look +full of wretchedness and despair. "Yes!" he said unsteadily. +"Certainly, I had hardly thought of that. I do not indulge any +extravagant hopes: I am prepared for anything, even for the worst. And +just in this event Brigitta's help would be more than ever +indispensable to me."</p> + +<p class="normal">"If the worst were to happen?" asked Bergen "How am I to understand +that?"</p> + +<p class="normal">Sendlingen made no reply. Not until Berger repeated the question did he +say, slowly and feebly: "Such things should not be talked about, not +with anyone, not even with a best friend, not even with one's self. +Such a thing is not even dwelt upon in thought; it is done when it has +to be done."</p> + +<p class="normal">His look was fixed as he spoke, like a man gazing into a far distance +or down into a deep abyss. Then his face became calm and resolved +again. "One thing more," he said. "You have finished drawing up the +appeal? May I read it? Forgive me, of course I have every confidence in +you. But see! so much depends upon it for me, perhaps something might +occur to me that would be of importance!"</p> + +<p class="normal">"What need of asking?" interrupted Berger. "It would be doing me a +service. We will go through the document together this very day."</p> + +<p class="normal">When he called on his friend in the evening with this object, Fräulein +Brigitta came out to see him. The old lady's eyes were red with crying, +but her face was, as it were, lit up with a strong and noble emotion.</p> + +<p class="normal">"I have already visited her," she whispered to Berger. "Oh believe me, +she is an angel, a thousand times purer than are many who plume +themselves or their virtue. I bade her be of good cheer, and then I +told her much about his Lordship--who knows better how, who knows him +better? She listened to me peacefully, crying quietly all the time and +I had to cry too--. But all will come right; I am quite sure of it. If +the God above us were to let these two creatures perish, <i>these</i> +two----"</p> + +<p class="normal">Her voice broke with deep emotion. Berger silently pressed her hand and +entered the study.</p> + +<p class="normal">He found his friend calm and collected. Sendlingen no longer +complained; no word, no look, betrayed the burden that oppressed his +soul. He dispatched his business with Berger conscientiously and +thoroughly, and as dispassionately as if it were a Law examination +paper. More than that--when he came to a place where Berger, in the +exaltation of the moment, had chosen too strong an expression, he +always stopped him: "That won't do: we must find calmer and more +temperate words!" And usually it was he too who found these calmer and +more temperate words.</p> + +<p class="normal">Down to the last word he maintained this clearness, this almost +unnatural calm. Not until Berger had folded his paper and was putting +it in his pocket did the consciousness of his misery seem to return. +Involuntarily he stretched forth his hand towards the paper.</p> + +<p class="normal">"You want to refer to something again?" asked Berger.</p> + +<p class="normal">"No!" His hand dropped listlessly. "Besides it is all labour in vain. +My lot is cast."</p> + +<p class="normal">"Your lot?" cried Berger. "However much you may be bound up with the +fate of your child, you must not say that!"</p> + +<p class="normal">"<i>My</i> lot, <i>only</i> my lot!"</p> + +<p class="normal">Berger observed the same peculiar look and tone he had before noticed +when Sendlingen said that such things should not be spoken of even to +one's self.... But this time Berger wanted to force him to an +explanation. "You talk in riddles," he began; but he got no further, +for, with a decision that made any further questions impossible, +Sendlingen interrupted him:</p> + +<p class="normal">"May I be spared the hour when you learn to know this riddle! Even you +can have no better wish than this for me! Why vainly sound the lowest +depths? Good night, George, and thanks a thousand, thousand times!"</p> +<br> +<br> +<br> +<br> +<h2>CHAPTER IX.</h2> + +<p class="normal">Six weeks had elapsed since the dispatch of the appeal: Christmas was +at the door. The days had come and gone quickly without bringing any +fresh storm, any fresh danger, but certainly without dispelling even +one of the clouds that hung threateningly over the heads of these two +much-to-be-commiserated beings.</p> + +<p class="normal">Berger was with Sendlingen daily, and daily his questioning look +received the same answer; a mute shake of the head--the decision had +not yet arrived. The Supreme Court had had the papers connected with +the trial brought under its notice; beyond the announcement of this +self-evident fact, not a line had come from Vienna. This silence was +certainly no good sign, but it did not necessarily follow that it was a +bad one. To be sure the lawyer examining the case, unless, from the +first, he attributed no importance whatever to Berger's statements, +should have demanded more detailed information from the Court at +Bolosch, and all the more because Baron Dernegg's dissentient vote was +recorded in the papers. Still, perhaps this silence was simply to be +explained by the fact that he had not had an opportunity of going into +the case.</p> + +<p class="normal">Berger held fast to this consoling explanation, or at least pretended +to do so, when the subject came up in conversation, which was seldom +enough; he did not like to begin it, and Sendlingen equally avoided it. +It almost seemed to Berger as if his unhappy friend welcomed the delay +in the decision, as if he gladly dragged on in a torture of uncertainty +from day to day--anything so as not to look the dread horror in the +face. And indeed Sendlingen every morning sighed with relief, when the +moment of horrid suspense had gone by, when he had looked through the +Vienna mail and found nothing. But this did not arise from the motive +which Berger supposed, but from a better feeling. Sendlingen rejoiced +in every hour of respite that gave his poor child more time to gather +strength of soul and body.</p> + +<p class="normal">The shattered health of Victorine mended visibly, day by day. The +deathly pallor disappeared, her weakness lessened, the look of her eyes +was clearer and steadier. The doctor observed it with glad astonishment +and no little pride; he ascribed the improvement to his remedies, to +the better nourishment and care which on his representations had been +allotted her. When he boasted of it to his friend, Father Rohn, the +good priest met him with as bantering a smile as his kind heart would +allow; he knew better. If this poor child was blossoming again, the +merit was entirely his. Had not the doctor himself said that she could +only be saved by a change in her frame of mind? And had not this change +really set in even more visibly than her physical improvement?</p> + +<p class="normal">A new spirit had entered into Victorine. She no longer sat gazing in +melancholy brooding, she no longer yearned for death, and when the +priest sought to nourish in her the hope of pardon--in the sincerest +conviction, for he looked upon the confirmation of the death-sentence +as an impossibility--she nodded to him, touched and grateful. She +seemed, now, to understand him when he told her that the repentance of +a sinner and his after life of good works, were more pleasing to the +good God above than his death. And when he once more led the +conversation to the man who, in spite of everything, was her father and +perhaps at this moment was suffering the bitterest anguish on her +account, when he begged her not to harden her heart against the +unknown, he had the happiness of hearing her say with fervour in her +looks and voice: "I have forgiven him from the bottom of my heart. The +thought of him has completely restored me! Perhaps God will grant me to +be a good daughter to him some day!" So the words of comfort and the +exhortations of the good priest had really not been in vain.</p> + +<p class="normal">The true state of the case nobody even suspected; the secret was +stringently kept. No doubt it struck many people and gave occasion to a +variety of gossip, that Fräulein Brigitta visited the condemned +prisoner almost daily, and the Chief Justice almost weekly, but a +sufficient explanation was sought and found. Good-natured and +inoffensive people thought that Victorine Lippert was a creature so +much to be pitied, that these two noble characters were only following +their natural instincts in according her a special pity; the malevolent +adopted the crafty Höbinger's view, and talked of "favouritism"; the +aristocratic betrayer and his mother the Countess, they said, had after +all an uneasy conscience as to whether they had not behaved too harshly +to the poor creature, and the representations they had made to their +fellow-aristocrat, Baron von Sendlingen, had not been in vain. +Certainly this report could only be maintained in uninitiated circles; +anyone who was intimately acquainted with the aristocratic society of +the province knew well enough, that the Countess Riesner-Graskowitz was +assuredly the last person in the world to experience a single movement +of pity for the condemned girl.</p> + +<p class="normal">Be that as it might, Sendlingen behaved in this case as he had all his +life behaved in any professional matter: humanely and kindly, but +strictly according to the law and without over-stepping his duty by a +hair's breadth. The better attention, the separate cell in the +Infirmary, would certainly have been allotted to any one else about +whom the doctor had made the same representations. When Father Rohn, +moved by his sense of compassion, sought to obtain some insignificant +favour that went beyond these lines--it had reference to some +absolutely trifling regulation of the house--the Governor of the gaol +was ready to grant it, but the Chief Justice rigidly set his face +against the demand.</p> + +<p class="normal">When Berger heard of this trivial incident, a heavy burden which he had +been silently carrying for weeks, without daring to seek for certainty +in a conversation on the subject, was rolled from his heart. He had put +an interpretation on the mysterious words that Sendlingen had uttered +the day after the trial, which had filled him with the profoundest +sorrow,--more than that with terror. Now he saw his mistake: a man who +so strictly obeyed his conscience in small matters where there was no +fear of discovery, would assuredly in any greater conflict between +inclination and duty, hold fast unrelentingly to justice and honour.</p> + +<p class="normal">He was soon to be strengthened in this view.</p> + +<p class="normal">It was three days before Christmas-day when he once more entered his +friend's chambers. He found him buried in the perusal of letters which, +however, he now pushed from him.</p> + +<p class="normal">"The mail from Vienna is not in yet," he said, "the train must have got +blocked in the snow. But I have letters from Pfalicz. The Chief Justice +of the Higher Court there, to whose position I am to succeed, asks +whether it would not be possible for me to release him soon after the +New Year, instead of at the end of February, as the Minister of Justice +arranged. He is unwell, and ought to go South as soon as possible."</p> + +<p class="normal">"Great Heavens!" cried Berger. "Why, we have forgotten all about that." +And indeed those stormy days and the succeeding weeks of silent, +anxious suffering had hardly allowed him to think of Sendlingen's +impending promotion and departure.</p> + +<p class="normal">"I have not," replied Sendlingen, gloomily. "The thought that I had to +go, has often enough weighed me down more heavily than all my other +burdens. How gladly I would stay here now, even if they degraded me +to--to the post of Governor of the prison! But I have now no option. I +have definitely accepted the position at Pfalicz and I must enter upon +it."</p> + +<p class="normal">"And do you really think of departing at the New Year?"</p> + +<p class="normal">"No, that would be beyond my duty. I should be glad to oblige the +invalid, but as you know, I cannot. I shall stay till the end of +February; the decision must have come by that time."</p> + +<p class="normal">He again bent over a document that lay before him. Berger too, was +silent, he went to the window and stared out into the grey dusk; it +seemed as if the snow-storm would never cease.</p> + +<p class="normal">There was a knock at the door; a clerk of the Court of Record entered. +"From the Supreme Court," he announced, laying a packet with a large +seal on the table. "It has just arrived. Personally addressed to your +lordship."</p> + +<p class="normal">The clerk departed; Berger approached the table. When he saw how +excited Sendlingen was, how long he remained gazing at the letter, he +shook his head. "That cannot be the decision," he said. "It would +not be addressed to you. It is some indifferent matter, a question of +discipline, a pension."</p> + +<p class="normal">Sendlingen nodded and broke the seal. But at the first glance a deathly +pallor overspread his face, and the paper in his hands trembled so +violently that he had to lay it on the table in order to read it to the +end. "Read for yourself," he then muttered.</p> + +<p class="normal">Berger glanced through the paper; he too felt his heart beat +impetuously as he did so. It was certainly not the decision, only a +brief charge, but its contents were almost equivalent to it.</p> + +<p class="normal">The lawyers examining the appeal had, as Berger hoped, been struck by +Baron Dernegg's dissentient vote and the motives for this. Dernegg was +not of the opinion of his brother judges that this was a case of +premeditated murder, maliciously planned months beforehand, but a deed +done suddenly, in a paroxysm of despair, nay, most probably in a moment +when the girl was not accountable for her actions. Against this more +clement view, there certainly were the depositions of the Countess, and +Victorine's attempts to conceal her condition. But on the other hand, +her only <i>confidante</i>, the servant-girl, had deposed at the preliminary +inquiry that Victorine had only made these attempts by her advice and +with her help, and, moreover, with the sole object of staying in the +house until the young Count should come to her aid. This testimony, +however, she had withdrawn at the trial. Berger had chiefly based his +appeal to nullify the trial, on the fact that the witness, in spite of +this contradiction, had been put on her oath, and to the examining +lawyer, also, this seemed a point of decisive importance. The Chief +Justice was, therefore, commissioned to completely elucidate it by a +fresh examination of the witness. Probably the charge had been directed +to him personally because, as it stated, neither Herr von Werner nor +any of the other judges who had been in favour of putting her on oath, +could very well be entrusted with the inquiry. But if Sendlingen were +actually too busy with other matters to conduct the examination, he +might hand it over to the third Judge, Herr von Hoche.</p> + +<p class="normal">"What will you do?" asked Berger. "The matter is of the gravest +importance. That the girl gave false evidence at the trial, that this +was her return for being taken back into the Countess' service, we know +for a certainty. The only question is whether we can convict her of it. +An energetic Judge could without doubt do so, but will old Hoche, now +over seventy, succeed? He is a good man, but his years weigh heavily +upon him, he is dragging himself through his duties till the date of +his retirement--four weeks hence--I fancy as best he can. And therefore +once again--what will you do, Victor?"</p> + +<p class="normal">"I don't know," he murmured. "Leave me alone. I must think it out by +myself. Forgive me! my conscience alone can decide in such a matter. +Good-bye till this evening, George."</p> + +<p class="normal">Berger departed; his heart was as heavy as ever it had been. In the +first ebullition of feeling, moved by his pity for these two beings, he +had wished to compel his friend to undertake the inquiry, but now he +had scruples. Was not the position the same as on the day of the trial? +And if he then approved of his friend's resolution not to preside, +could he now urge him to undertake a similar task? Certainly the +conflict was now more acute, more painfully accentuated, but was +Sendlingen's duty as a Judge any the less on that account? Again the +thought rose in Berger's mind which a few weeks ago had comforted him +and lifted him above the misery of the moment: that there was a +solution of these complications, a great, a liberating solution--there +must be, just because this man was what he was! But even now he did not +know how to find this solution; one thing only was clear to him: if +Sendlingen undertook the inquiry and thus saved his child, it would be +an act for which there would be all manner of excuses but it would +assuredly not be that great, saving act of which he dreamt! And yet if +Hoche in his weakness ruined the case and did not bring the truth to +light, if she perhaps had to die now that she had begun to hope again, +now that she had waked to a new life ... Berger closed his eyes as if +to shut out the terrible picture that obtruded itself upon him, and yet +it rose again and again.</p> + +<p class="normal">At dusk, just as he was starting to his friend's, Fräulein Brigitta +called to see him.</p> + +<p class="normal">"I am to tell you," she began, "that his Lordship wants you to postpone +your visit until to-morrow. But it is not on that account that I have +come, but because I am oppressed with anxiety. Has the decision +arrived? He is as much upset again as he was on the day of the trial."</p> + +<p class="normal">Berger comforted her as well as he could. "It is only a momentary +excitement," he assured her, "and will soon pass."</p> + +<p class="normal">"I only thought so because he is behaving just as he did then. It +is a singular thing; he has been rummaging for those keys again. You +know,--the one that opens the little door in the court-yard wall. I +came in just in the nick of time to see him take it out of his +writing-table drawer. And just as before, it seemed to annoy him to be +surprised in the act.--Isn't that strange?"</p> + +<p class="normal">"Very strange!" he replied. But he added hastily: "It must have been a +mere chance."</p> + +<p class="normal">"Certainly, it can only have been a coincidence," he thought after +Brigitta had gone, "it would be madness to impute such a thing to him, +to him who was horrified at the idea of conducting the trial and +equally at the thought of conducting this examination. And yet when he +first seized upon that key, the idea must certainly have taken a +momentary possession of him, and that it should have returned to him +to-day, to-day of all days."</p> + +<p class="normal">As he was the next day walking along the corridor that led to +Sendlingen's chambers, he met Mr. Justice Hoche. The hoary old man, +supporting himself with difficulty by the aid of a stick, was looking +very testy.</p> + +<p class="normal">"Only think," he grumbled, "what an odious task the Chief Justice has +just laid upon me. It will interest you, you were Counsel for the +defence in the case." And he told him of the charge at great length. +"Well, what do you say to that? Isn't it odious?"</p> + +<p class="normal">"It is a very serious undertaking!" said Berger. "The matter is one of +the greatest importance."</p> + +<p class="normal">"Yes, and just for that reason," grumbled the old man, almost +whimpering. "I do not want to undertake any such responsibility, now, +when merely thinking gives me a head-ache. I suffer a great deal from +head-aches, Dr. Berger. And it is such a ticklish undertaking! For you +see either the maid-servant told the truth at the trial, in which case +this fresh examination is superfluous, or she lied and <i>ergo</i> was +guilty of perjury and <i>ergo</i> is a very tricky female! And how am I ever +to get to the bottom of a tricky female, Dr. Berger?"</p> + +<p class="normal">"Did you tell the Chief Justice this?" asked Berger.</p> + +<p class="normal">"Oh, of course! For half an hour I was telling him about my condition +and how I always get a head-ache now if I have to think. But he stuck +to his point, 'you will have to undertake the matter: you must exert +yourself!' Good Heavens! what power of exertion has one left at +seventy years of age! Well, good morning, dear Dr. Berger! But it's +odious--most odious!"</p> + +<p class="normal">Berger looked after the old man as he painfully hobbled along: "And in +such hands," he thought, "rests the fate of my two friends."</p> + +<p class="normal">Under the weight of this thought, he had not the courage to face +Sendlingen. He turned and went home in a melancholy mood.</p> + +<p class="normal">When the next day towards noon, he was turning homewards after a trial +at which he had been the defending barrister, he again met Mr. Justice +Hoche, who was just leaving the building, in the portico of the Courts. +The old gentleman was manifestly in a high state of contentment.</p> + +<p class="normal">"Well," asked Berger, "is the witness here already? Have you begun the +examination?"</p> + +<p class="normal">"Begun? I have ended it!" chuckled the old man.</p> + +<p class="normal">"And <i>re bene gesta</i> one is entitled to rest. I shall let the law take +care of itself to-day and go home. I haven't even got a head-ache over +it; certainly it didn't require any great effort of thought--I soon got +at the truth."</p> + +<p class="normal">"Indeed?--and what is the truth?"</p> + +<p class="normal">"H'm! I don't suppose it will be particularly agreeable to you," +laughed the old Judge, leaning confidentially on Berger's arm. "Though +for the matter of that you may be quite indifferent about it: you have +done your duty, your appeal was certainly splendidly drawn up, but what +further interest can you have in this person? For she is a thoroughly +good-for-nothing person, and that's why she is dying so young! What +stories that servant-girl has told me about her, stories, my dear +doctor, that an old barrack-wall would have blushed to hear. She was +hardly seventeen years old when she came to the Countess', but already +had a dozen intrigues on her record, and what things she told her +<i>confidante</i> about them, and which were repeated to me to-day--why, it +is a regular Decameron, my dear doctor, or more properly speaking: +Boccaccio in comparison is a chaste Carthusian."</p> + +<p class="normal">Berger violently drew his arm out of the old man's. "That's a lie!" he +said between his teeth. "A scandalous calumny!"</p> + +<p class="normal">The old Judge looked at him, quite put out of countenance. "Why, what +an idea," he cried. "If it were not so, this servant-girl would be a +tricky female."</p> + +<p class="normal">"So she is."</p> + +<p class="normal">"She is not! Oh, I know human nature. On the contrary, she is +good-natured and stupid. No one could tell lies with such assurance, +after having just been solemnly admonished to speak the truth. It is +all incontestably true; all her adventures: and how from the first she +had hatched a regular plot to corrupt the young Count. The crafty young +person calculated in this way: if our <i>liaison</i> has consequences, I +shall perhaps inveigle the young man into a marriage, and if I don't +succeed I shall kill the child and look out for another place!"</p> + +<p class="normal">"But just consider this one fact," cried Berger. "If this had actually +been Victorine Lippert's plan she would certainly have reflected: if I +can't force a marriage, I shall at least get a handsome maintenance! +and in that case she would not have killed her child, but carefully +have preserved its life."</p> + +<p class="normal">The old Judge meditatively laid his finger on his nose. "Look here, Dr. +Berger," he said importantly, "that is a very reasonable objection. But +it has been adduced already, not by me, to tell the truth, but by my +assistant, a very wise young man. But the witness was able to give a +perfectly satisfactory explanation on the subject. To be sure, she only +did so after repeated questions and in a hesitating and uncertain +manner--the good, kind-hearted girl could with difficulty bring herself +to add still more to the criminal's load, but at length she had to +speak out. Thus we almost accidentally extracted a very important +detail that proved to be of great importance in determining the case. +It is a truly frightful story. Only fancy, this mere girl, this +Victorine Lippert, has always had a sort of thirst for the murder of +little children. She repeatedly said to the girl long before the deed, +before the young Count came to the Castle at all: 'Strange! but +whenever I see a little child, I always feel my hands twitching to +strangle it.' Frightful--isn't it. Dr. Berger?"</p> + +<p class="normal">"Frightful indeed!" cried Berger, "if you have believed this +poorly-contrived story of the wretched, perjured woman--poorly-contrived, +and invented in the necessity of the moment so as to meet the objection +of your assistant, so as not to be caught in her net of lies, so as to +render the Countess another considerable service."</p> + +<p class="normal">"Really, you will not listen to reason," said the old man, now +seriously annoyed. "I feel my head-ache coming on again. Do you mean to +say that you accuse the Countess of conniving at perjury! A lady of the +highest aristocracy! Excuse me, Dr. Berger--that is going too far! You +are a liberal, a radical, I know, but that doesn't make every Countess +a criminal. But if this is really your opinion of the witness, take out +a summons for perjury at once!"</p> + +<p class="normal">"It may come to that," replied Berger.</p> + +<p class="normal">The old man shook his head. "Spare yourself the trouble," he said +good-naturedly, "it will prove ineffectual, but you may certainly get +yourself into great difficulties. Why expose yourself, for the sake of +such an abandoned creature, to an action for libel on the part of the +Countess and her servant? How abandoned she is, you have no suspicion! +I have, thank Heaven, concealed the worst of all from you, and you +shall not learn it at my hands. You may read for yourself in the +minutes. I do not wish to make a scene in the street. I was so enjoying +this fine afternoon, and you have quite spoilt my good humour. Well, +good-bye. Dr. Berger, I will forgive you. You have allowed yourself to +be carried away by your pity, but you are bestowing it upon an unworthy +creature! The witness gave me the impression of being absolutely +trustworthy, and I have stated so in the minutes! I considered myself +bound in conscience to do so."</p> + +<p class="normal">"Then you have a human life on your conscience!" Berger blurted out. He +had not meant to say anything so harsh, but the words escaped him +involuntarily.</p> + +<p class="normal">The old man started and clasped his hands. His face twitched, and +bright tears stood in his eyes.</p> + +<p class="normal">"What have I done to you?" he moaned. "Why do you say such a horrible +thing? Why do you upset me? I have always considered you a good man, +and now you behave like this to me!"</p> + +<p class="normal">Berger stepped up to him and offered his hand. "Forgive me," he said, +"your intention is good and pure, I know. And just for that reason I +implore you to reflect well before you let the minutes go out of your +hands."</p> + +<p class="normal">"That is already done. I have just handed them to the Chief Justice."</p> + +<p class="normal">"And what did he say?"</p> + +<p class="normal">"Nothing, what should he say? Certainly he too seemed to be put out +about something, for when I was about to enter on a brief discourse, he +dismissed me a little abruptly."</p> + +<p class="normal">"But it is open to you to demand the minutes back, and examine the +witness again. Keep a sterner eye upon her, and the contradictions in +which she gets involved will certainly become evident to you. At her +first examination she could only say the best things of Victorine +Lippert, at the trial she had lost her memory, and now of a sudden +nothing is too bad."</p> + +<p class="normal">"Oh, you barristers!" cried the Judge. "How you twist everything! The +kind-hearted creature wanted to save Victorine Lippert and pity moved +her to lie at first: she has just openly and repentantly confessed that +she did. But at the trial, before the Crucifix, before the Judges, her +courage left her. She was silent, because like a good and chaste girl, +she could not bring herself to speak before a crowd of people of all +those repulsive details. You see, everything is explained. You are +talking in vain."</p> + +<p class="normal">"In vain!" Berger sighed profoundly. "Good-bye," he said turning to go.</p> + +<p class="normal">But after he had gone a few steps, Hoche called after him. The old +man's eyes were full of tears. "You are angry with me?" he said.</p> + +<p class="normal">"No."</p> + +<p class="normal">"Well, you have no reason to be angry, though I have--but I forgive +you. By what you said you might easily have made me unhappy if the case +had not been so clear. Certainly I am upset now. To-morrow is Christmas +Eve; my children and grand-children will come and bring me presents, +and I shall give them presents, and I shall think all the time: Hoche, +what a frightful thing if you were a murderer! You will take back your +words, won't you? I am no murderer, am I?"</p> + +<p class="normal">Berger looked at the childish old man. "O tragicomedy of life!" he +thought, but added aloud:</p> + +<p class="normal">"No, Herr Hoche, you are no murderer."</p> + +<p class="normal">In the evening he went to see Sendlingen and look over the minutes +which he too had the right of disputing. He would have been +disconsolate enough if he had not already known their contents; as it +was the extraordinary tone of the document cheered him a little. The +'wise young man' was perhaps himself an author, or at least had +certainly read a great many cheap novels; the style in which he had +reproduced the servant girl's imaginations was, in the worst sense of +the word "fine!" How this lessened the danger of the contents was shown +especially, by that worst fact of all which Hoche could not bring +himself to pronounce, and which was of such monstrous baseness that the +faith of even the most vapid of judges must have been shaken in all the +rest.</p> + +<p class="normal">"That is quite harmless," said Berger. "More than that, these monstrous +lies are just the one bit of luck in all our misfortunes."</p> + +<p class="normal">"Certainly!" Sendlingen agreed. "But we must not count too much upon +them. The examining judge may not believe everything, but he will +certainly not discredit everything. It could not be expected after +Hoche's enthusiastic advocacy of the witness' credibility."</p> + +<p class="normal">"And yet these minutes must be sent off. Would it not be possible to +hand over the inquiry to some one else?"</p> + +<p class="normal">"Impossible, or I would have done so yesterday. Either I or Hoche--the +charge of the Supreme Court is clear enough! And <i>I</i> could not do it! +It seemed to me mean and cowardly, treacherous and paltry, to break my +Judge's oath, trusting to the silence of the three people who beside me +know the secret, trusting moreover never to have to undergo punishment +for my offence. To this consideration it seemed to me that every other +must give way."</p> + +<p class="normal">Berger was silent. "Would it not be possible to take out a summons for +perjury?" he resumed.</p> + +<p class="normal">"No," cried Sendlingen, "it would be an utterly useless delay! Success +in the present position of things is not to be hoped for."</p> + +<p class="normal">Berger bowed his head.</p> + +<p class="normal">"Then Justice will suffer once again," he said in deep distress. "I +will not reproach you. When I put myself in your place--I cannot trust +myself to say that I should have done the same. I only presume I +should, but this one thing I do know, that in accordance with your +whole nature you have acted rightly. Still, ever since the moment that +I spoke to Hoche, I cannot silence a tormenting question. Ought +fidelity to the Law be stronger than fidelity to Justice? You would not +undertake the inquiry because a father may not take part in an +examination conducted against his child, but were you justified in +handing it over to a man who was no longer in a condition to find out +the truth, to fulfil his duty? Has not justice suffered at your hands +by your respect for the law, that justice, I mean, which speaks aloud +in the heart of every man?"</p> + +<p class="normal">Sendlingen was staring gloomily at the floor. Then he raised his eyes +and looked his friend full in the face. The expression of his +countenance, the tone of his voice became almost solemn.</p> + +<p class="normal">"I have fought out for myself an answer to this question. I may not +tell you what it is; but one thing I can solemnly swear: this outraged +justice to which you refer will receive the expiation which is its +due."</p> +<br> +<br> +<br> +<br> +<h2>CHAPTER X.</h2> + +<p class="normal">Christmas was past, New Year had come, the year 1853, one of the most +melancholy that the Austrian Empire had ever known. The atmosphere was +more charged than ever, coercion more and more severe, the confederacy +between the authorities of Church and State closer and closer. +Melancholy reports alarmed the minds of peaceful citizens: the Italian +Provinces were in a state of ferment, a conspiracy was discovered in +Hungary, and a secret league of the Slavs at Prague. How strong or how +weak these occult endeavours against the authority and peace of the +state might be, no one knew. One thing only was manifest: the severity +with which they were treated; and perhaps in this severity lay the +greatest danger of all. It was the old sad story that so often repeats +itself in the life of nations, and was then appearing in a new shape; +tyranny had called forth a counter-tyranny and this, in its turn, a +fresh tyranny. The police had much to do everywhere, and in some +districts the Courts of Justice too.</p> + +<p class="normal">One of the greatest of the political investigations had, since +Christmas 1852, devolved upon the Court at Bolosch. The middle +classes of this manufacturing town were exclusively Germans, the +working-classes principally Slavs. It was among these latter that the +police believed they had discovered the traces of a highly treasonable +movement. About thirty workmen were arrested and handed over to +Justice. Sendlingen, assisted by Dernegg, personally conducted the +investigation. He had made the same selection in all the political +arrangements of the last few years, although he knew that any other +would have been more acceptable to the authorities. Certainly neither +he nor Dernegg were Liberals--much less Radicals--who sympathised with +Revolution and Revolutionaries. On the contrary both these aristocrats +had thoroughly conservative inclinations, at all events in that good +sense of the word which was then and is now so little understood in +Austria, and is so seldom given practical effect. They were, moreover, +entirely honourable and independent judges. But there was a prejudice +in those days against men of unyielding character, especially in the +case of political trials. There was an opinion that "pedantry" was out +of place where the interests of the state were at stake. Sendlingen, on +the other hand, was convinced that a political investigation should not +be conducted differently from any other, and it was precisely in this +inquisition into the conduct of the workmen that he manifested the +greatest zeal, but at the same time the most complete impartiality.</p> + +<p class="normal">Divers reasons had determined him to devote all his energy to the case. +The diversion of his thoughts from his own misery did him good: the +ceaseless work deadened the painful suspense in which he was awaiting +the decision from Vienna. Moreover his knowledge of men and things had +predisposed him to believe that these poor rough fellows had not so +much deserved punishment as pity, and after a few days he was convinced +of the justice of this supposition.</p> + +<p class="normal">These raftsmen and weavers and smiths who were all utterly ignorant, +who had never been inside a school, who scarcely knew a prayer save the +Lord's Prayer, who dragged on existence in cheerless wretchedness, were +perhaps more justified in their mute impeachment of the body politic, +than deserving of the accusations brought against them. They did not go +to confession, they often sang songs that had stuck in their minds +since 1848, and some of them had, in public houses and factories, +delivered speeches on the injustice of the economy of the world and +state as it was reflected in their unhappy brains. This was all; and +this did not make them enemies of the State or of the Emperor. On the +contrary, the record of their examination nearly always testified the +opinion: "the only misfortune was that the young Emperor knew nothing +of their condition, otherwise he would help them." Sendlingen's noble +heart was contracted with pity, whenever he heard such utterances. And +these men he was to convict of high treason! No! not an instant longer +than was absolutely necessary should they remain away from their +families and trades.</p> + +<p class="normal">On the Feast of the Epiphany Sendlingen was sitting in his Chambers +examining a raftsman, an elderly man of herculean build with a heavy, +sullen face, covered with long straggling, iron-grey hair; Johannes +Novyrok was his name. The police had indicated him as particularly +dangerous, but he did not prove to be worse than the rest.</p> + +<p class="normal">"Why don't you go to confession?" asked Sendlingen finally when all the +other grounds of suspicion had been discussed.</p> + +<p class="normal">"Excuse me, my Lord," respectfully answered the man in Czech. "But do +you go?"</p> + +<p class="normal">Sendlingen looked embarrassed and was about to sharply reprove him for +his impertinent question, but a look at the man's face disarmed him. +There was neither impertinence nor insolence written there, but rather +a painful look of anxiety and yearning that strangely affected +Sendlingen. "Why?" he asked.</p> + +<p class="normal">"Because I might be able to regulate my conduct by yours," replied the +raftsman. "You see, my Lord, I differ from my brethren. People such as +we, they think, have no time to sin, much less to confess. The God +there used to be, must surely be dead, they say, otherwise there would +be more justice in the world; and if he is still alive, he knows well +enough that anyhow we have got hell on this earth and will not suffer +us to be racked and roasted by devils in the next world. But I have +never agreed with such sentiments; they strike me as being silly and +when my mates say: rich people have a good time of it, let them go to +confession,--why, its arrant nonsense. For I don't believe that any one +on earth has a good time of it, not even the rich, but that everybody +has their trouble and torment. And therefore I should very much like to +hear what a wise and good man, who must understand these things much +better than I do, has to say to it all. It might meet my case. And I +happen to have particular confidence in you. In the first place because +you're better and wiser than most men, so at least says every one in +the town, and this can't be either hypocrisy or flattery, because they +say so behind your back. But I further want to hear your opinion, +because I know for certain that you have an aching heart and plenty of +trouble."</p> + +<p class="normal">"How do you know that?"</p> + +<p class="normal">Novyrok glanced at the short-hand clerk sitting near Sendlingen and who +was manifestly highly tickled at the simplicity of this ignorant +workman. "I could only tell you," he said shyly, "if you were to send +that young man out of the room. It is no secret, but such fledglings +don't understand life yet."</p> + +<p class="normal">The young clerk was much astonished when Sendlingen actually made a +sign to him to withdraw.</p> + +<p class="normal">"Thank you," said the raftsman after the door was shut "Well, how I +know of your trouble? In the first place one can read it in your +face, and secondly I saw you one stormy night--it may be eight weeks +ago--wandering about the streets by yourself. You went down to the +river; I was watchman on a raft at the time and I saw you plainly. +There were tears running down your cheeks, but even if your eyes had +been dry--well no one goes roaming alone and at random on such a night, +unless he is in great trouble."</p> + +<p class="normal">Sendlingen bowed his head lower over the papers before him. Novyrok +continued:</p> + +<p class="normal">"An hour later, your friend brought you into our inn whither I had come +in the meanwhile after my mate had relieved me of the watch. You were +unconscious. I helped to carry you and take you home.... I don't tell +you this in the hope that you may punish me less than I deserve, but +just that I may say to you: you too, my Lord, know what suffering +is--do you find the thought of God comforting, and what do you think of +confession?"</p> + +<p class="normal">Sendlingen made no reply; the recollection of that most fatal night of +his existence and the solemn question of the poor fellow, had deeply +moved him. "You must have experienced something, Novyrok," he said at +length, "that has shaken your Faith."</p> + +<p class="normal">"Something, my Lord? Alas, everything!--Alas, my whole life! I don't +believe there are many people to whom the world is a happy place, but +such men as I should never have been born at all. I have never known +father or mother, I came into the world in a foundling hospital on a +Sylvester's Eve some fifty years ago--the exact date I don't know--and +that's why they called me 'Novyrok' (New-Year). I had to suffer a great +deal because of my birth; it is beyond all belief how I was knocked +about as a boy and youth among strangers--even a dog knows its mother +but I did not. And therefore one thing very soon became clear to me: +many disgraceful things happen on this earth, but the most disgraceful +thing of all is to bring children into the world in this way. Don't you +think so, my Lord?"</p> + +<p class="normal">Sendlingen did not answer.</p> + +<p class="normal">"And I acted accordingly," continued Novyrok, "and had no love-affair, +though I had to put great restraint upon myself. I don't know whether +virtue is easy to rich people; to the poor it is very bitter. It was +not until I became steersman of a raft and was earning four gulden a +week that I married an honest girl, a laundress, and she bore me a +daughter. That was a bright time, my Lord, but it didn't last long. My +wife began to get sickly and couldn't any longer earn any thing; we got +into want, although I honestly did my utmost and often, after the raft +was brought to, I chopped wood or stacked coal all night through when I +got the chance. Well, however poorly we had to live, we did manage to +live; things didn't get really bad till she died. My mates advised me +then to give the care of my child to other people--and go as a raftsman +to foreign parts, on a big river, the Elbe or the Danube: 'Wages,' they +said, 'are twice as much there and you, as an able raftsman, can't help +getting on.' But I hadn't got it in my heart to leave my little +daughter. Besides I was anxious about her; to be sure she was only +just thirteen, and a good, honest child, but she promised to be very +nice-looking. If you go away, I said to myself, you may perhaps stay +away for many years, and there are plenty of men in this world without +a conscience, and temptation is great! So I stayed, and so as not to be +separated from her even for a week, I gave up being a raftsman and +became a workman at a foundry. But I was awkward at the work, the wages +were pitiful, and though my daughter, poor darling, stitched her eyes +out of her head, we were more often hungry than full. I frequently +complained, not to her, but to others, and cursed my wretched +existence--I was a fool! for I was happy in those days; I did my duty +to my child."</p> + +<p class="normal">Novyrok paused. Sendlingen sighed deeply. "And then?" he asked.</p> + +<p class="normal">"Then, my Lord," continued the raftsman, "then came the dark hour, when +I yielded to my folly and selfishness. Maybe I am too hard on myself in +saying this, for I thought more of my child's welfare than my own, and +many people thought what I did reasonable. But otherwise I must accuse +Him above, and before I do that I would rather accuse myself. But I +will tell you what happened in a few words. A former mate of mine who +was working at the salt shipping trade on the Traun, persuaded me to go +with him, just for one summer, and the high wages tempted me. My girl +was sixteen at that time; she was like a rose, my Lord, to look at. But +before I went I told her my story, where I was born and who my mother +very likely was, and I said to her: 'Live honestly, my girl, or when I +come back in the autumn I will strike you dead, and then jump into the +deepest part of the river.' She cried and swore to me she'd be good. +But when I came back in the autumn----"</p> + +<p class="normal">He sobbed. It was some time before he added in a hollow voice: "Hanka +was my daughter's name. Perhaps you remember the case, my Lord. It took +place in this house. Certainly it's a long while ago; it will be seven +years next spring."</p> + +<p class="normal">"Hanka Novyrok," Sendlingen laid his hand on his forehead. "I +remember!" he then said. "That was the name of the girl who--who died +in her cell during her imprisonment upon trial."</p> + +<p class="normal">"She hanged herself," said Novyrok, sepulchrally. "It happened in the +night; the next morning she was to have come before the Judges. She had +murdered her child."</p> + +<p class="normal">There was a very long silence after this. Novyrok then resumed:</p> + +<p class="normal">"You didn't examine me about the case, you would have understood me. +The other Judge before whom I was taken didn't understand me when I +said: 'This is a controversy between me and Him up above, for either He +is at fault or I am.' The Judge at first thought that grief had turned +my head, but when he understood what I said, he abused me roundly and +called me a blasphemer. But I am not that. I believe in Him. I do not +blaspheme Him, only I want to know how I stand with Him. It would be +the greatest kindness to me, my Lord, if you could decide for me."</p> + +<p class="normal">"Poor fellow," said Sendlingen, "don't torment yourself any more about +it; such things nobody can decide."</p> + +<p class="normal">Novyrok shook his head with a sigh. "A man like you ought to be able to +make it out," he said, "although I can see that it is not easy. For +look here--how does the case stand? A wretched blackguard, a +linendraper for whom she used to sew, seduced her in my absence. If I +had stayed here, it would not have happened. When I came back I learnt +nothing about it, she hid it from me out of fear of what I had said to +her at parting, and that was the reason why she killed her child, yes, +and herself too in the end. For I am convinced that it was not the fear +of punishment that drove her to death, but the fear of seeing me again, +and no doubt, she also wished to spare me the disgrace of that hour. +Now, my Lord, all this----"</p> + +<p class="normal">They were interrupted. A messenger brought in a letter which had +just arrived. Sendlingen recognised the writing of the count, his +brother-in-law, who was a Judge of the Supreme Court. He laid the +letter unopened on the table; very likely belated New-year's wishes, he +thought. "Go on!" he said to the Accused.</p> + +<p class="normal">"Well, my Lord, all this seems to tell against me, but it might be +turned against Him too. I might say to Him: 'Wasn't I obliged to try +and keep her from sin by using the strongest words? And why didst Thou +not watch over her when I was far away; Hanka was Thy child too, and +not only mine! And if Thou wouldst not do this, why didst Thou suffer +us two to be born? Thou wilt make reparation, sayst Thou, in Thy +Heaven? Well, no doubt it is very beautiful, but perhaps it is not so +beautiful that we shall think ourselves sufficiently compensated.' You +see, my Lord, I might talk like this--But if I were to begin. He too +would not be silent, and with a single question He could crush me. 'Why +did you go away?' He might ask me. 'Why did you not do your duty to +your child? I, O fool, have untold children; you had only this one to +whom you were nearest. You say in your defence that you did not act +altogether selfishly, that you wanted to better her condition as well. +May be, but you did think of <i>your own</i> condition, <i>of yourself</i> as +well, and that a father may not do! I warned you by your own life, and +by causing your conscience and presentiments to speak to you--why did +you not obey Me? Besides you would not have starved here?' You see, my +Lord, He might talk to me in this way and He would be right, for a +father may not think of himself for one instant where his child's +welfare is concerned. Isn't that so?</p> + +<p class="normal">"Yes, that is so!" answered Sendlingen solemnly.</p> + +<p class="normal">"Well, that is why I sometimes think: you should certainly go to +confession! What do you advise, my Lord?"</p> + +<p class="normal">This time, too, Sendlingen could find no relevant answer, much as he +tried to seek the right words of consolation for this troubled heart. +He strove to lessen his sense of guilt, that sensitive feeling which +had so deeply moved him, and finally assured him also of a speedy +release. But Novyrok's face remained clouded; the one thing which he +had wished to hear, a decision of his singular "controversy" with +"Him," he had to do without, and when Sendlingen rang for the turnkey +to remove the prisoner, the latter expressed his gratitude for "his +Lordship's friendliness" but not for any comfort received.</p> + +<p class="normal">Not until he had departed did Sendlingen take up his brother-in-law's +letter, which he meant hastily to run through. But after a few lines he +grew more attentive and his looks became overcast. "And this too," he +muttered, after he had read to the end, and his head sank heavily on +his breast.</p> + +<p class="normal">The Count informed him, after a few introductory lines, of the purport +of a conversation he had just had with the Minister of Justice. "You +know his opinion," said the letter, "he honestly desires your welfare, +and a better proof of this than your appointment to Pfalicz he could +not have given you. All the more pained, nay angered, is he at your +obstinate disregard of his wishes. He told you in plain language that +he did not desire you and Dernegg to take part in any political +investigations. You have none the less observed the same arrangement in +the present investigation against the workmen. I warn you, Victor, not +for the first time, but for the last. You are trifling with your +future; far more important people than Chief Judges, however able, are +now being sent to the right-about in Austria. The anger of the minister +is all the greater, because your defiance this time is notorious. +Scarcely a fortnight ago, the Supreme Court instructed you to undertake +the brief examination of a witness; you handed the matter over to Hoche +and excused yourself on the plea of the pressure of your regular work; +and yet this work now suddenly allows you personally to conduct a +complicated inquiry against some three dozen workmen." The letter +continued in this strain at great length and concluded thus: "I implore +you to assign the inquiry to Werner and to telegraph me to this effect +to-day. If this is not done, you will tomorrow receive a telegram from +the Minister commanding you to do so. And if you don't obey then, the +consequences will be at once fatal to you. You know that I am no lover +of the melodramatic, and you will therefore weigh well what I have +said."</p> + +<p class="normal">His brother-in-law--and Sendlingen knew it--certainly never affected a +melodramatic tone, and often as he had warned him, he had never before +written in such a key. What should he do? It was against his conscience +to submit and leave these poor fellows to their fate; but might he +concern himself more about men who were strangers to him, than about +the wellbeing of his own child? If he did not yield, would he not +perhaps be suddenly removed from his office, and just at the moment +when his unhappy daughter most of all required his help?</p> + +<p class="normal">He went to his residence in a state of grievous interior conflict, +impotently drawn from one resolve to another. He sighed with relief +when Berger entered; his shrewd, discreet friend could not have come at +a more opportune moment.</p> + +<p class="normal">But he, too, found it difficult to hit upon the right counsel, or at +least, to put it into words. "Don't let us confuse ourselves, Victor," +he said at length. "First of all, you know as well as I do, that the +Minister has no right to put such a command upon you. You are +responsible to him that every trial in your Court shall be conducted +with the proper formalities; the power to arrange for this is in your +hands. And therefore they dare not seriously punish your insistence on +your manifest right. Dismissal on such a pretext is improbable and +almost inconceivable, especially when it is a question of a man of your +name and services."</p> + +<p class="normal">"But it is possible."</p> + +<p class="normal">"Anything is possible in these days," Berger was obliged to admit. "But +ought this remote possibility to mislead you? You would certainly not +hesitate a moment, if consideration for your child did not fetter you. +Should this consideration be more authoritative than every other? In my +opinion, no!"</p> + +<p class="normal">"Because you cannot understand my feelings!" Sendlingen vehemently +interposed. "A father may not think of himself when his child's welfare +is concerned. The voice of nature speaks thus in the breast of every +man, even the roughest, and should it be silent in me?"</p> + +<p class="normal">"My poor friend," said Berger, "in your heart, too, it has surely +spoken loud enough. And yet, so far, you have not hesitated for a +moment to fulfil your duty as a judge when it came into conflict with +your inclination. You would not preside at the trial, you would not +conduct the examination. The struggle is entering on a new phase, you +cannot act differently now."</p> + +<p class="normal">"I must! I cannot help these poor people--besides Werner himself will +hardly be able to find them guilty. And the cases are not parallel; I +should have broken my oath if I had presided at the trial: I do not +break it if I obey the Minister's command."</p> + +<p class="normal">"That is true," retorted Berger. "But I can only say: Seek some other +consolation, Victor,--this is unworthy of you! For you have always +been, like me, of the opinion that it is every man's duty to protect +the right, and prevent wrong, so long as there is breath in his body! +If I admonish you, it is not from any fanatical love of Justice, but +from friendship for you, and because I know you as well as one man can +ever know another. Your mind could endure anything, even the most +grievous suffering, anything save one thing: the consciousness of +having done an injustice however slight. If you submit, and if these +men are condemned even to a few years' imprisonment, their fate would +prey upon your mind as murder would on any one else. This I know, and I +would warn you against it as strongly as I can.... Let us look at the +worst that could happen, the scarcely conceivable prospect of your +dismissal. What serious effect could this have upon the fate of your +child? You perhaps cling to the hope of yourself imparting to her the +result of the appeal; that is no light matter, but it is not so grave +as the quiet of your conscience. It can have no other effect. If the +purport of the decision is a brief imprisonment, you could have no +further influence upon her destiny, whether you were in office or not; +she would be taken to some criminal prison, and you would have to wait +till her term of imprisonment was over before you could care for her. +If the terms of the decision are imprisonment for life, or death (you +see, I will not be so cowardly as not to face the worst), the only +course left open to you is, to discover all to the Emperor and implore +his pardon for your child. Is there anything else to be done?"</p> + +<p class="normal">Sendlingen was silent.</p> + +<p class="normal">"There is no other means of escape. And if it comes to this, if you +have to sue for her pardon, it will assuredly be granted you, whether +you are in office or not. It will be granted you on the score of +humanity, of your services and of your family. It is inconceivable that +this act of grace should be affected by the fact that you had just +previously had a dispute with the Minister of Justice. It is against +reason, still more against sentiment. The young Prince is of a +chivalrous disposition."</p> + +<p class="normal">"That he is!" replied Sendlingen. "And it is not this consideration +that makes me hesitate, I had hardly thought of it. It was quite +another idea.... Thank you, George," he added. "Let us decide tomorrow, +let us sleep upon it." He said this with such a bitter, despairing +smile, that his friend was cut to the heart.</p> + +<p class="normal">The next morning when Berger was sitting in his Chambers engaged upon +some pressing work, the door was suddenly flung open and Sendlingen's +servant Franz entered. Berger started to his feet and could scarcely +bring himself to ask whether any calamity had occurred.</p> + +<p class="normal">"Very likely it is a calamity," replied the old man, continuing in his +peculiar fashion of speech which had become so much a habit with him, +that he could never get out of it. "We were taken ill again in +Chambers, very likely we fell down several times as before, we came +home deadly pale but did not send in for the Doctor, but for you, sir."</p> + +<p class="normal">Berger started at once, Franz following behind him. As they went along, +Berger fancied he heard a sob. He looked round: there were tears in the +old servant's eyes. When they got into the residence, Berger turned to +him and said: "Be a man, Franz."</p> + +<p class="normal">Then the old fellow could contain himself no longer; bright tears +coursed down his cheeks. "Dr. Berger," he stammered. He had bent over +his hand and kissed it before Berger could prevent him. "Have pity on +me! Tell me what has been going on the last two months! We often speak +to Brigitta about it--I am told nothing! Why? We know that this silence +is killing me. I could long ago have learned it by listening and +spying, but Franz doesn't do that sort of thing. If you cannot tell me, +at least put in a word for me. Surely we do not want to kill me!"</p> + +<p class="normal">Berger laid his hand on his shoulder. "Be calm, Franz, we have all +heavy burdens to bear."</p> + +<p class="normal">He then went into Sendlingen's room. "The minister's telegram?" he +asked.</p> + +<p class="normal">"Worse!"</p> + +<p class="normal">"The decision? What is the result?" The question was superfluous; the +result was plainly enough written in Sendlingen's livid, distorted +features. Berger, trembling in every limb, seized the fatal paper that +lay on the table.</p> + +<p class="normal">"Horrible!" he groaned--it was a sentence of death.</p> + +<p class="normal">He forced himself to read the motives given; they were briefly enough +put. The Supreme Court had rejected the appeal to nullify the trial, +although the credibility of the servant-girl had appeared doubtful +enough to it, too. At the same time, the decision continued, there was +no reason for ordering a new trial, as the guilt of the accused was +manifest without any of the evidence of this witness. The Supreme Court +had gone through this without noticing either her recent statement +incriminating the Accused, nor her first favorable evidence. The +Countess' depositions alone, therefore, must determine Victorine's +conduct before the deed, and her motives for the deed. These seemed +sufficient to the Supreme Court, not to alter the sentence of death.</p> + +<p class="normal">For a long time Berger held the paper in his hands as if stunned; at +length he went over to his unhappy friend, laid his arms around his +neck and gently lifted his face up towards him. But when he looked into +that face, the courage to say a word of consolation left him.</p> + +<p class="normal">He stepped to the window and stood there for, perhaps, half an hour. +Then he said softly, "I will come back this evening," and left the +room.</p> + +<p class="normal">Towards evening he received a few lines from his friend. Sendlingen +asked him not to come till to-morrow; by that time he hoped to have +recovered sufficient composure to discuss quietly the next steps to be +taken. He was of opinion that Berger should address a petition for +pardon to the Emperor, and asked him to draw up a sketch of it.</p> + +<p class="normal">Berger read of this request with astonishment. He would certainly have +lodged a petition for pardon, even if Victorine Lippert had been simply +his client and not Sendlingen's daughter. But he would have done it +more from a sense of duty than in the hope of success. That this hope +was slight, he well knew. The petition would have to take its course +through the Supreme Court, and it was in the nature of the case that +the recommendation of the highest tribunal would be authoritative with +the Emperor; exceptions had occurred, but their number was assuredly +not sufficient to justify any confident hopes. All this Sendlingen must +know as well as himself. Why, therefore, did he wish that the attempt +should be made? In this desperate state of things, there was but one +course that promised salvation; a personal audience with the Emperor. +Why did Sendlingen hesitate to choose this course?</p> + +<p class="normal">Berger made up his mind to lay all this strongly before him, and when +on the next day he rang the bell of the residence, he was determined +not to leave him until he had induced him to take this step.</p> + +<p class="normal">"We are still in Chambers," announced Franz. "We want you to wait here +a little. We have been examining workmen again since this morning +early, and have hardly allowed ourselves ten minutes for food."</p> + +<p class="normal">"So he has none the less resolved to go on with that?" said Berger. +Perhaps, he thought to himself, the telegram has not arrived yet.</p> + +<p class="normal">"None the less resolved?" cried Franz. "We have perhaps seldom worked +away with such resolution and Baron Dernegg, too, was dictating +to-day--I say it with all respect--like one possessed."</p> + +<p class="normal">Berger turned to go. It occurred to him that he had not seen Victorine +for a week, and he thought he would use the interval by visiting her. +"I shall be back in an hour," he said to Franz. "In the meanwhile I +have something to do in the prison."</p> + +<p class="normal">"In the prison?" The old man's face twitched, he seized Berger's arm +and drew him back into the lobby, shutting the door. "Forgive me, Dr. +Berger. My heart is so full.... You are going to her--are you not? To +our poor young lady, to Victorine?"</p> + +<p class="normal">"What? Since when?" ...</p> + +<p class="normal">"Do I know it?" interrupted Franz. "Since yesterday evening!" And with +a strange mixture of pride and despair he went on: "We told me +everything!... Oh, it is terrible. But we know what I am worth! My poor +master! ah! I couldn't sleep all night for sorrow.... But we shall see +that we are not deceived in me.... I have a favour to ask, Dr. Berger. +Brigitta has the privilege naturally, because she is a woman and a +member of the 'Women's Society.' But I, what can I appeal to? Certainly +I have in a way, been in the law for twenty-five years, and understand +more of these things than many a young fledgling who struts about in +legal toggery, but--a lawyer I certainly am not--so, I suppose, Dr. +Berger, it is unfortunately impossible?"</p> + +<p class="normal">"What? That you should pay her a visit? Certainly it is impossible, and +if you play any pranks of that kind----"</p> + +<p class="normal">"Oh! Dr. Berger," said the old man imploringly. "I did but ask your +advice because my heart is literally bursting. Well, if this is +impossible, I have another favour, and this you will do me! Greet our +poor young lady from me! Thus, with these words: 'Old Franz sends +Fräulein Victorine his best wishes from all his heart--and begs her not +to despair.... and--and wants to remind her that the God above is still +living.'"</p> + +<p class="normal">Berger could scarcely understand his last words for the tears that +choked, the old man's voice. He himself was moved; as yesterday, so +to-day, Franz's tears strongly affected him, for the old servant was +not particularly soft by nature. "Yes, yes, Franz," he promised, and +then betook himself to the prison. He resolved to continue to be quite +candid with Victorine, but not to mention the result of the appeal by a +single word.</p> + +<p class="normal">But when he entered her cell, she came joyfully to meet him, her eyes +glistening with tears. "How shall I thank you?" she cried much moved +trying to take his hand.</p> + +<p class="normal">He fell back a step. "Thank me?--What for?"</p> + +<p class="normal">"Oh, I know," she said softly with a look at the door as if an +eavesdropper might have been there. "My father told me that it was not +official yet. He hurried to me this morning as soon as he had received +the news, but it is still only private information, and for the present +I must tell nobody! Whom else have I to thank but you?"</p> + +<p class="normal">"What?" he asked. And he added with an unsteady voice: "I have not seen +him for the last few days. Has he had news from Vienna?"</p> + +<p class="normal">"To be sure! The Supreme Court has pardoned me. My imprisonment during +trial is to be considered as punishment. In a few weeks I shall be +quite free."</p> + +<p class="normal">Berger felt all the blood rush to his heart. "Quite free!" he repeated +faintly. "In a few weeks!" And at the same time he was tortured by the +importunate question: "Great God! he has surely gone mad? How could he +do this? What is his object?"</p> + +<p class="normal">"Merciful Heaven!" she cried. "How pale you have turned. How sombre you +look! Merciful Heaven! you have not received other news? He has surely +not been deceived? Oh, if I had to die after all!--now--now----"</p> + +<p class="normal">She staggered. Berger took her hand and made her sink down on to the +nearest chair. "I have no other news," he said as firmly as possible. +"It came upon me with such a shock! I am surprised that he has not yet +told me anything. But then, of course, he did not hear of it till +to-day. If he has told you, you can, of course, look upon it as +certain."</p> + +<p class="normal">"May I not?" She sighed with relief. "I need not tremble any more? Oh, +how you frightened me!"</p> + +<p class="normal">"Forgive me--calm yourself!"</p> + +<p class="normal">He took up his hat again.</p> + +<p class="normal">"Are you going already? And I have not yet half thanked you!"</p> + +<p class="normal">"Don't mention it!" he said curtly, parrying her remark. "Au revoir," +he added with more friendliness, and leaving the cell, hurried to +Sendlingen's residence.</p> + +<p class="normal">He had just come in; Berger approached him in great excitement. "I have +just been to see Victorine," he began. "How could you tell this +untruth? How <i>could</i> you?"</p> + +<p class="normal">Sendlingen cast down his eyes. "I had to do it. I was afraid that +otherwise the news of her condemnation might reach her."</p> + +<p class="normal">"No," cried Berger. "Forgive my vehemence," he then continued. "I have +reason for it. Such empty pretexts are unworthy of you and me. You +yourself see to the regulation of the Courts and the prison. The +Accused never hear their sentence until they are officially informed."</p> + +<p class="normal">"You do me an injustice," replied Sendlingen, his voice still +trembling, and it was not till he went on that he recovered himself: "I +have no particular reasons that I ought or want to hide from you. +I told her in an ebullition of feeling that I can hardly account +for to myself. When I saw her to-day she was much sadder, much more +hopeless, than has been usual with her lately. She certainly had a +presentiment--and I, in my flurry at this, feared that some report +might already have reached her. Such a thing, in spite of all +regulations, is not inconceivable; chance often plays strange pranks. +In my eager desire to comfort her, those words escaped me. The +exultation with which she received them, robbed me of the courage to +lessen their favourable import afterwards! That is all!"</p> + +<p class="normal">Berger looked down silently for a while. "I will not reproach you," he +then resumed. "How fatal this imprudence may prove, you can see as well +as I. She was prepared for the worst and therefore anything not so bad, +might perhaps have seemed like a favour of Heaven. Now she is expecting +the best, and whatever may be obtained for her by way of grace, it will +certainly dishearten and dispirit her. But there is no help for it now! +Let us talk of what we can help! You want me to lodge a petition for +pardon? It would be labour in vain!"</p> + +<p class="normal">"Well," said Sendlingen hesitatingly, "in some cases the Emperor has +revoked the sentence of death in spite of the decision of the Supreme +Court."</p> + +<p class="normal">"Yes, but we dared not build on this hope if we had no other. +Fortunately this is the case. You must go to Vienna; only on your +personal intercession is the pardon a <i>certainty</i>. And my petition +could at best only get the sentence commuted to imprisonment for life, +whereas your prayer would obtain a shorter imprisonment and, after a +few years, remission of the remainder. You must go to-morrow, +Victor--there is no time to lose."</p> + +<p class="normal">Sendlingen turned away without a word.</p> + +<p class="normal">"How am I to understand this?" cried Berger, anxiously approaching him. +"You <i>will</i> not?"</p> + +<p class="normal">The poor wretch groaned aloud, "I will----" he exclaimed. "But later +on--later on----. As soon as your petition has been dispatched."</p> + +<p class="normal">"But why?" cried Berger. "I have hitherto appreciated and sympathised +with your every sentiment and act, but this delay strikes me as being +unreasonable, unpardonable. I would spare you if less depended on the +cast, but as it is, I will speak out. It is unmanly, it is----" He +paused. "Spare me having to say this to you, to you who were always so +brave and resolute. There is no time to lose, I repeat. Who will vouch +that it may not then be too late? If my petition is rejected, the Court +will at the same time order the sentence to be carried out. Do you know +so certainly that you will still be here then, that you will still have +time then to hurry to Vienna? Think! Think!"</p> + +<p class="normal">Berger had been talking excitedly and paused out of breath. But he was +resolved not to yield and was about to begin again when Sendlingen +said: "You have convinced me; I will go to Vienna sooner, even before +the dispatch of your petition."</p> + +<p class="normal">"Then you still insist that I shall proceed with it?"</p> + +<p class="normal">"Please; it can do no harm; it may do good. And at least we shall gain +time by it. I cannot undertake the journey to Vienna until the inquiry +against the working men is ended. In this, too, there is not a day to +be lost; neither Dernegg nor I know whether there is not an order on +the road that may in some way make us harmless. I trust we shall by +that time have succeeded in proving that no punishable offence has been +committed. I have received the Minister's telegram to-day, and at once +replied that the inquiry was so complicated, and had already proceeded +so far, that a change in the examining Judges would be impracticable."</p> + +<p class="normal">"I am glad that you have followed my advice," said Berger. "And in +spite of these aggravated conditions! You hesitated as long as the +decision was not known to you, as long as you simply feared it, and +when your fears were confirmed, you were brave again and did not +hesitate for an instant in doing your duty as an honourable man! +Victor, few people would have done the like!" He reached out his hand +to say good-bye. "You have now taken old Franz into your confidence?" +he asked, "another participator in the secret--it would have been well +to consider it first! But I will not begin to scold again. Adieu!"</p> +<br> +<br> +<br> +<br> +<h2>CHAPTER XI.</h2> + +<p class="normal">More than two weeks had passed since this last interview. January of +1853 was drawing to a close and still there seemed no likelihood of an +end to the investigations against the workmen.</p> + +<p class="normal">Berger observed this with great anxiety. He had long since presented +the petition for pardon: the time was drawing near when it would be +laid before the Emperor, and yet, whenever the subject of the journey +to Vienna arose, Sendlingen had some reason or motive for urging that +he could not leave and that there was still time. When he made such a +remark Berger looked at him searchingly, as if he were trying to read +his inmost soul and then departed sadly, shaking his head. Every day +Sendlingen's conduct seemed to him more enigmatical and unnatural. For +this was the one means of saving Victorine's life! If he still +hesitated it could only proceed from fear of the agony of the moment, +from cowardice!</p> + +<p class="normal">But as often as Berger might and did say this to himself, he did not +succeed in convincing himself. For did not Sendlingen at the same time +evince in another matter and where the welfare and sufferings of +strangers to him were concerned, a moral courage rarely found in this +country and under this government.</p> + +<p class="normal">The conflict between Sendlingen and the Minister of Justice had +gradually assumed a very singular character; it had become a +"thoroughly Austrian business," as Berger sometimes thought with the +bitter smile of a patriot. To Sendlingen's respectful but decided +answer, the Minister had replied as rudely and laconically as possible, +commanding him to hand over the investigation forthwith to Werner. No +one could now doubt any longer that a further refusal would prove +dangerous, and Sendlingen sent his rejoinder,--a brief dignified +protest against this unjustifiable encroachment--with the feeling that +he had at the same time undersigned his own dismissal. And indeed in +any other country a violent solution would have been the only one +conceivable; but here it was different. Certainly a severe censure from +the Minister followed and he talked of "further steps" to be taken, but +the lightning that one might have expected after this thunder, did not +follow. The same result, was, however, sought by circuitous means, +attempts were made to weary the two Judges and to put them out of +conceit with the case. When they proposed to the Court that the case +against one of the Accused might be discontinued, the Crown-Advocate +promptly opposed it and called the Supreme Court to his assistance. +With all that, the police were feverishly busy and overwhelmed the two +Judges by repeatedly bringing forward new grounds of suspicion against +the prisoners, and these had to be gone through however evidently +worthless they might be at the first glance.</p> + +<p class="normal">There was not a single person attached to the Law-Courts with all their +diversity of character, who did not follow the struggle of Sendlingen +for the independence of the Judge's position, with sympathy, and the +townspeople were unanimous in their enthusiastic admiration. This +courageous steadfastness was all the more highly reckoned as it was +visibly undermining his strength. His hair grew gray, his bearing less +erect, and his face now almost always bore an expression of melancholy +disquiet. People were not surprised at this; it must naturally deeply +afflict this man who was so manifestly designed to attain the highest +places in his profession, perhaps even to become the Chief Judge of the +Empire--to be daily and hourly threatened with dismissal.</p> + +<p class="normal">Only the three participators in the secret, and Berger in particular, +knew that the unhappy man could scarcely endure any longer the torture +of uncertainty about his child's fate. All the more energetic, +therefore, were Berger's attempts to put an end at least to this +unnecessary torment but again and again he spoke in vain.</p> + +<p class="normal">This occurred too on the last day in January. Sendlingen stood by his +answer: "There is still time, the petition has not yet come into the +Emperor's hands," and Berger was sorrowfully about to leave his +Chambers, when the door was suddenly flung open and Herr von Werner +rushed in.</p> + +<p class="normal">"My Lord," cried the old gentleman almost beside himself with joy and +waving a large open letter in his hand like a flag, "I have just +received this; this has just been handed to me. It means that I am +appointed your successor, it is the decree."</p> + +<p class="normal">Sendlingen turned pale. "I congratulate you," he said with difficulty. +"When are you to take over the conduct of the Courts?"</p> + +<p class="normal">"On the 22nd February," was the answer. "Oh, how happy I am! And you I +am sure will excuse me! Why should the news distress you? You will in +any case be leaving here at the end of February to----" he, stopped in +embarrassment. "To go to Pfalicz as Chief Justice of the Higher Court +there," he continued hastily. "We will continue to believe so, to +suppose the contrary would be nonsensical. You have annoyed the +Minister and he is taking a slight revenge--that is all! Good-bye, +gentlemen, I must hurry to my wife!" The old gentleman tripped away +smiling contentedly.</p> + +<p class="normal">"That is plain enough," said Sendlingen, after a pause, turning to his +friend. "My successor is appointed without my being consulted: the +decree is sent direct to him and not through me; more than that, I am +not even informed at the same time, when I am to hand over the conduct +of the Courts to him. To the minister I am already a dead man! But what +can it matter to me in my position? Werner's communication only +frightened me for a moment, while I feared that I had to surrender to +him forthwith. But the 22nd February--that is three weeks hence. By +that time <i>everything</i> will be decided."</p> + +<p class="normal">Two days later, on Candlemas Day, on which in some parts of Catholic +Austria people still observe the custom of paying one another little +attentions, Sendlingen also received a present from the minister. The +letter read thus: "You are to surrender the conduct of the Courts on +the 22nd February to the newly appointed Chief Justice, Herr von +Werner. Further instructions regarding yourself will be forwarded you +in due course."</p> + +<p class="normal">The tone of this letter spoke plainly enough. For "further +instructions" were unnecessary if the previous arrangement--his +appointment to Pfalicz--was adhered to. His dismissal was manifestly +decreed.</p> + +<p class="normal">All the functionaries of the Courts fell into the greatest state of +excitement: who was safe if Sendlingen fell? And wherever the news +penetrated, it aroused sorrow and indignation. On the evening of the +same day the most prominent men of the town met so as to arrange a fête +to their Chief Justice before his departure. It was determined to +present him with an address and to have a farewell banquet.</p> + +<p class="normal">Berger, who had been at the meeting, left as soon as the resolution was +arrived at, and hurried to Sendlingen for he knew that his friend would +need his consolation to-day most of all. But Sendlingen was so calm +that it struck Berger as almost peculiar. "I have had time to get +accustomed to these thoughts," he said.</p> + +<p class="normal">"How do you think of living now?" asked Berger.</p> + +<p class="normal">"I shall move to Gratz," replied Sendlingen quickly; he had manifestly +given utterance to a long-cherished resolve.</p> + +<p class="normal">"Won't you be too lonely there?" objected Berger. "Why won't you go to +Vienna? By the inheritance from your wife, you are a rich man who does +not require to select the Pensionopolis on the Mur on account of its +cheapness. In Vienna you have many friends, there you will have the +greatest incitement to literary work, besides you may not altogether +disappear from the surface. Your career is only forcibly interrupted +but not nearly ended. A change of system, or even a change in the +members of the Ministry, would bring you back into the service of the +State, and, perhaps, to a higher position than the one you are now +losing."</p> + +<p class="normal">"My mind is made up. Brigitta is going to Gratz in a few days to take a +house and make all arrangements."</p> + +<p class="normal">They talked about other things, about the fête that had been arranged +to-day. "I will accept the address," Sendlingen explained, "but not the +banquet. I have not the heart for it." Berger vehemently opposed this +resolution; he must force himself to put in an appearance at least for +an hour; the fête had reference not only to himself personally, but to +a sacred cause, the independence of Judges. All this he unfolded with +such warmth, that Sendlingen at length promised that he would consider +it.</p> + +<p class="normal">The next morning the Vienna papers published the news of the measures +taken with regard to Sendlingen, which they had learnt by private +telegrams. A severe censorship hampered the Austrian press in those +days; the papers had been obliged to accustom the public to read more +between the lines than the lines themselves: and this time, too, they +hit upon a safe method of criticism. As if by a preconcerted agreement, +all the papers pronounced the news highly incredible; and that it was, +moreover, wicked to attribute such conduct to the strict but just +government which Austria enjoyed. A severer condemnation than this +defence of the government against "manifestly malicious reports" could +not easily be imagined, and the public understood it as it was +intended.</p> + +<p class="normal">In a moment, Sendlingen's name was in every mouth, and the +investigation against the workmen the talk of the day, first in the +capital, soon throughout the whole country.</p> + +<p class="normal">A flood of telegrams and letters, inquiries and enthusiastic +commendations, suddenly burst upon Sendlingen. Had there been room in +his poor heart, in his weary tormented brain, for any lucid thought or +feeling, he would now have been able, in the days of his disgrace, to +have held up his head more proudly than ever. It was not saying too +much when Berger told him that a whole nation was now showing how +highly it valued him. But he scarcely noticed it and continued, dark +and hopeless, to do his duty and to drag on the Sisyphus-task of his +investigation in combat with both the police and the Crown lawyers.</p> + +<p class="normal">Suddenly those hindrances ceased. When Sendlingen one morning entered +his Chambers soon after the news of his deposal had appeared in the +papers, he for the first time, for weeks, found no information of the +police on the table. That might be an accident, but when there was none +the second day, he breathed again. The Superintendent of Police at +Bolosch was, the zealous servant of his masters; if he in twice +twenty-four hours did not discover the slightest trace of high treason, +there must be good reason for it. In the same way nothing more was +heard from the Crown-Advocate.</p> + +<p class="normal">"They have almost lost courage in the face of the general indignation!" +cried Berger triumphantly. "Franz has just told me that Brigitta is to +start the day after to-morrow for Gratz. Let her wait a few days, and +so spare the old lady having to make the journey to Pfalicz by the very +round about way of Gratz."</p> + +<p class="normal">"You cannot seriously hope that," said Sendlingen turning away, and so +Berger went into Brigitta's room later on to bid her good-bye.</p> + +<p class="normal">The old lady was eagerly reading a book which she hastily put on one +side as he entered. "I am disturbing you," he said. "What are you +studying so diligently?"</p> + +<p class="normal">"Oh, a novel," she replied quickly. Her eyes were red and she must have +been crying a great deal lately.</p> + +<p class="normal">"I thought perhaps it was a description of Gratz," said he jokingly. +"It seems to me that you have a genuine fear of this weird city where +life surges and swells so mightily!" And he attempted to remove her +fears by telling her much of the quiet, narrow life of the town on the +Mur.</p> + +<p class="normal">While he was speaking, the book, which she had laid on her workbox, +slid to the ground and he picked it up before she had time to bend down +for it. It was a French grammar. "Great heavens!" he cried in +astonishment. "You are taking up the studies of your youth again, +Fräulein Brigitta?"</p> + +<p class="normal">The old lady stood there speechless, her face crimson, as if she had +been caught in a crime. "I have been told," she stammered, "that--that +one can hardly get along there with only German."</p> + +<p class="normal">"In Gratz?" Berger could not help laughing heartily. "Who has been +playing this joke upon you? Reassure yourself. You will get along with +the French in Gratz without any grammar." Still laughing, he said +good-bye and promised to visit her in Gratz.</p> + +<p class="normal">Meanwhile the excitement into which the press and the public were +thrown by the "Sendlingen incident" grew daily. In Bolosch new +proposals were constantly being made, to have the fête on a magnificent +and uncommon scale. It did not satisfy the popular enthusiasm that the +address to be presented was covered with thousands of signatures. A +proposal was made in the town-council to call the principal street +after Sendlingen: some of the prominent men of the town wanted to +collect subscriptions for a "Sendlingen Fund" whose revenue should be +devoted to such officers of the State as, like Sendlingen, had become +the victims of their faithfulness to conviction; the gymnastic +societies resolved upon a torch-light procession. The chairman of the +Committee arranging the festivities--he was the head of the first +Banking house of the town--was in genuine perplexity; he still did not +know which acts of homage Sendlingen would accept and he sought +Berger's interposition.</p> + +<p class="normal">"Save me," implored the active banker. "People are pressing me and the +Chief Justice is dumb. Yesterday I hoped to get a definite answer from +him but he broke off and talked of our business."</p> + +<p class="normal">"Business? What business?" asked Berger.</p> + +<p class="normal">"I am just doing a rather complicated piece of business for him," +answered the Banker. "I thought that you, his best friend, would have +known about it. He is converting the Austrian Stock in which his +property was hitherto invested, into French, English and Dutch stock, +and a small portion of it into ready money."</p> + +<p class="normal">"Why?" asked Berger in surprise. "He is going to stay in Austria?"</p> + +<p class="normal">"So I asked," replied the Banker, "and received an answer which I had, +willy nilly, to take as pertinent. For he is hardly to be blamed, if +after his experiences, his belief in the credit of the State has become +a little shaky."</p> + +<p class="normal">Berger could not help agreeing with this, and therefore did not refer +to it in his talk with Sendlingen. With regard to the fête he received +a satisfactory answer. Sendlingen without any further hesitation, +accepted the banquet and even the torch-light procession. Both were to +take place on the 21st February, the last day of his term of office.</p> + +<p class="normal">All this was telegraphed to Vienna and was bravely used by the papers. +Even in Bolosch, they said, these melancholy reports, so humiliating to +every Austrian, were not seriously believed; how long would the +government hesitate to contradict them? The demand was so universal, +the excitement so great, that an official notice of a reassuring +character was actually issued. The government, announced an official +organ, had in no way interfered with the investigation; that this was +evident, the present position of the inquiry, now without doubt near a +close, sufficiently proved. With regard, however, to Sendlingen's +dismissal there was some "misunderstanding" in question.</p> + +<p class="normal">As so often before, in the case of the like oracular utterances from a +similar source, everybody was now asking what this really meant. Berger +thought he had hit the mark and exultingly said to his friend: "Hurrah! +they have now entirely lost their courage! They are only temporising so +as not to have to admit that public opinion has made an impression upon +them."</p> + +<p class="normal">Sendlingen shrugged his shoulders. "It is all one to me, George," he +said.</p> + +<p class="normal">"Now--that I can understand," replied Berger warmly. "In a few months +you will speak differently! When do you go to Vienna?"</p> + +<p class="normal">Sendlingen reflected. "On the seventeenth I should say," he at length +replied hesitatingly. "That is to say if Dernegg and I can really +dismiss the workmen on the sixteenth as we hope to do."</p> + +<p class="normal">This hope was realised; on the 16th February 1852, the workmen were +released from prison. Their first step related to Sendlingen: in the +name of all, Johannes Novyrok made a speech of thanks of which this was +the peroration:</p> + +<p class="normal">"We know well what we ought to wish you in return for all you have done +for us: good-luck and happiness for you and for all whom you love! But +mere good wishes won't help you, and we can do nothing for you, +although every man of us would willingly shed his blood for your sake, +and as to praying, my Lord, it is much the same thing--you may +remember, perhaps, what I have already said to you on the subject. And +so we can only say: think of us when you are in affliction of mind and +you will certainly be cheered! You can say to yourself: 'I have lifted +these people out of their misfortune and lessened their burden as much +as I could,'--and you will breathe again. For I believe this is the +best consolation that any man can have on this poor earth. God bless +you! for you are noble and good, and what you do is well done, and sin +and evil are far from you. A thousand thanks, my Lord. Farewell!"</p> + +<p class="normal">"Farewell!" murmured Sendlingen, his voice choking as he turned away.</p> + +<p class="normal">... On the next day, the 17th February, Sendlingen should have started +by the morning train to Vienna; he had solemnly promised Berger to do +so the evening before. The latter, therefore, was much alarmed when he +accidentally heard, in the course of the afternoon, that Sendlingen was +still in Chambers.</p> + +<p class="normal">He hastened to him. "Why have you again put off going?" he asked +impetuously.</p> + +<p class="normal">Sendlingen had turned pale. "I have not been able to bring myself to +it," he answered softly.</p> + +<p class="normal">"And you know what is at stake!" cried Berger in great excitement, +wiping the cold sweat from his forehead. "Victor, this is cowardice!"</p> + +<p class="normal">"It is not," he replied as gently as before, but with the greatest +determination. "If I had been a coward, I would long since have had the +audience."</p> + +<p class="normal">Berger looked at him in astonishment. "I do not understand you," he +said. "It may be a sophism by which you are trying to lull your +conscience, but it is my duty to rouse you. O Victor!" he continued +with passionate grief, "you can yourself imagine what it costs me to +speak to you in this way. But I have no option."</p> + +<p class="normal">Sendlingen was silent. "I will talk about it later," he said. "Let me +first tell you a piece of news that will interest you. I have received +a letter from the Minister this morning.... You were right about their +'courage.'" He handed the letter to his friend. "The Minister reminds +me that it is my duty, in consequence of the appointment made last +November, to be in Pfalicz on the morning of the 1st March to take over +the conduct of the Higher Court there."</p> + +<p class="normal">"After all!" cried Berger. "And how polite! Do you see now that we +liberals and our newspapers are some good? The Minister has no other +motive for beating a retreat."</p> + +<p class="normal">"Perhaps this letter, which came at the same time, may throw some light +on it," observed Sendlingen taking up a letter as yet unopened. "It is +from my brother-in-law. Count Karolberg!" He opened it and glanced at +the first few lines. "True!" he exclaimed. "Just listen."</p> + +<p class="normal">"You do not deserve your good fortune," he read, "and I myself was +fully persuaded that you were lost. But it seems that the Minister +talked to us more sharply than he thought, and that from the first he +meant nothing serious. That he kept you rather long in suspense, proved +to be only a slight revenge which was perhaps permissible. He meant no +harm; I feel myself in duty bound to say this to his credit."</p> + +<p class="normal">"And your brother-in-law is a clever man," cried Berger, "and himself a +Judge! Does he not understand that this very explanation tells most of +all against the Minister? Oh, I always said that it was another +thoroughly Austrian----"</p> + +<p class="normal">A cry of pain interrupted him. "What is this?" cried Sendlingen +horror-struck and gazing in deadly pallor at the letter.</p> + +<p class="normal">Berger took the letter out of his trembling hands, in the next instant +he too changed colour. His eyes had lit upon the following passage.</p> + +<p class="normal">"When do you leave Bolosch? I hope that the last duty that you have to +do in your office, will not affect your soft heart too much. Certainly +it is always painful to order the execution of a woman, and especially +such a young one, and perhaps you can leave the arrangements for the +execution to your successor who fortunately is made of sterner stuff."</p> + +<p class="normal">The letter fell from Berger's hands. "O Victor----" he murmured.</p> + +<p class="normal">"Don't say a word," Sendlingen groaned; his voice sounded like a +drowning man's. "No reproaches!--Do you want to drive me mad."</p> + +<p class="normal">Then he made a great effort over himself. "The warrant must have come +already," he said, and he rang for the clerk and told him to bring all +the papers that had arrived that day. The fatal document was really +among them; it was a brief information to the Court at Bolosch stating +that the Emperor had rejected the petition for pardon lodged by Counsel +for the defence, and that he had confirmed the sentence of death. The +execution, according to the custom then prevailing, was to be carried +out in eight days.</p> + +<p class="normal">"I will not reproach you," said Berger after he had glanced through the +few lines. "But now you must act. You must telegraph at once to the +Imperial Chancellery and ask for an audience for the day after +tomorrow, the nineteenth, and to-morrow you must start for Vienna!"</p> + +<p class="normal">"I will do so," said Sendlingen softly.</p> + +<p class="normal">"You <i>must</i> do it!" cried Berger, "and I will see that you do. I will +be back in the evening."</p> + +<p class="normal">When Berger returned at nightfall, Franz said to him in the lobby: +"Thank God, we are going to Vienna after all!" and Sendlingen himself +corroborated this. "I have already received an answer; the audience is +granted for the nineteenth. I have struggled severely with myself," he +then added, and continued half aloud, in an unsteady voice, as if he +were talking to himself; "I am a greater coward than I thought. However +fixed my resolve was, my courage failed me--and so I must go to +Vienna."</p> + +<p class="normal">Berger asked no further questions, he was content with the promise.</p> +<br> +<br> +<br> +<br> +<h2>CHAPTER XII.</h2> + +<p class="normal">The 18th February 1853, was a clear, sunny day. At midday the snow +melted, the air was mild; there seemed a breath of spring on the +country through which the train sped along, bearing the unhappy man to +Vienna. But there was night in his heart, night before his eyes; he sat +in the corner of his carriage with closed lids, and only when the train +stopped, did he start up as from sleep, look out at the name of the +station, and deeply sighing, fall back again into his melancholy +brooding.</p> + +<p class="normal">Was the train too slow for him?</p> + +<p class="normal">There were moments when he wished for the wings of a storm to carry him +to his destination, and that the time which separated him from the +decisive moment might have the speed of a storm. And in the next +breath, he again dreaded this moment, so that every second of the day +which separated him from it, seemed like a refreshing gift of grace. +Alas! he hardly knew himself what he should desire, what he should +entreat, and one feeling only remained in his change of mood, despair +remained and spread her dark shadow over his heart and brain.</p> + +<p class="normal">The train stopped again, this time at a larger station. There were many +people on the platform, something extraordinary must have happened; +they were crowding round the station-master who held a paper in his +hand and appeared to be talking in the greatest excitement. The crowd +only dispersed slowly as the train came in; lingeringly and in eager +talk, the travellers approached the carriages.</p> + +<p class="normal">Sendlingen looked out; the guard went up to the station-master who +offered him the paper; it must have been a telegram. The man read it, +fell back a step turning pale and cried out: "Impossible!" upon which +those standing around shrugged their shoulders.</p> + +<p class="normal">Sendlingen saw and heard all this; but it did not penetrate his +consciousness. "Heldenberg," he said, murmuring the name of the +station. "Two hours more."</p> + +<p class="normal">The train steamed off, up a hilly country and therefore with diminished +speed. But to the unhappy man it was again going too swiftly--for each +turn of the wheels was dragging him further away from his child, for a +sight of whose white face of suffering, he was suddenly seized with a +feverish longing, his poor child, that now needed him most of all.</p> + +<p class="normal">"Frightful!" he groaned aloud. His over-wrought imagination pictured +how she had perhaps just received the news that she was to fall into +the hangman's hands! It was possible that the sentence had passed +through the Court of Records and been added to the rolls; some of the +lawyers attached to the Courts might have read it, or some of the +clerks--if one of them should tell the Governor, or the warders, if +Victorine should accidentally hear or it!</p> + +<p class="normal">"Back!" he hissed, springing up. "I must go back." Fortunately he was +alone, otherwise his fellow travellers would have thought him mad. And +there was something of madness in his eyes as he seized his portmanteau +from the rack, and grasped the handle of the door as if to open it and +spring from the train.</p> + +<p class="normal">The guard was just going along the foot-board of the carriages, the +engine whistled, the train slackened, and in the distance the roofs of +a station were visible. The guard looked in astonishment at the livid, +distorted features of the traveller; this look restored Sendlingen to +his senses, and he sank back into his seat. "It is useless," he +reflected. "I must go on to Vienna."</p> + +<p class="normal">The train pulled up, "Reichendorf! One minute's wait!" cried the guard.</p> + +<p class="normal">It was a small station, no one either got in or out; only an official +in his red cap stood before the building. Nevertheless, the wait +extended somewhat beyond the allotted time. The guards were engaged in +eager conversation with the official.</p> + +<p class="normal">Sendlingen could at first hear every word. "There is no doubt about +it!" said the official. "I arranged my apparatus so that I could hear +it being telegraphed to Pfalicz and Bolosch. What a catastrophe."</p> + +<p class="normal">"And is the wound serious?" asked one of the guards. He was evidently a +retired soldier, the old man's voice trembled as he put the question.</p> + +<p class="normal">"The accounts differ about that," was the answer. "Great Heavens! who +would have thought such a thing possible in Austria!"</p> + +<p class="normal">"Oh! it can only have been an Italian!" cried the old soldier. "I was +ten years there and know the treacherous brood!"</p> + +<p class="normal">Thus much Sendlingen heard, but without rightly understanding, without +asking himself what it might mean. More than that, the sound of the +voices was painful to him as it disturbed his train of thought; he drew +up the window so as to hear no more.</p> + +<p class="normal">And now another picture presented itself to him as the train sped on, +but it was no brighter or more consoling. He was standing before his +Prince who had said to him: "It is frightful, I pity you, poor father, +but I cannot help you! It is my duty to protect Justice without respect +of persons; I confirmed the sentence of death not because I knew +nothing of her father, and supposed him a man of poor origin, but +because she was guilty, by her own confession and the Judges' verdict. +Shall I pardon her now because she is the daughter of an influential +man of rank, because she is your daughter? Is her guilt any the less +for this, will this bring her child to life again? Can you expect this +of me, you, who are yourself a Judge, bound by oath to judge both high +and low with the same measure?" Thus had the Emperor spoken, and he had +found no word to say against it--alas! no syllable of a word--and had +gone home again. And it was a dark night--dark enough to conceal +thieving and robbery or the blackest crime ever done by man--and he was +creeping across the Court-yard at home; creeping towards the little +door that opened into the prison.</p> + +<p class="normal">"Oh!" he groaned stretching out his hands as if to repel this vision, +"not that!--not that!--And I am too cowardly to do it. I know--too +cowardly! too cowardly!"</p> + +<p class="normal">Once more the train stopped, this time at a larger station. Sendlingen +did not look out, otherwise he must have noticed that this was some +extraordinary news that was flying through the land and filling all who +heard it with horror. Pale and excited the crowd was thronging in the +greatest confusion; all seemed to look upon what had happened as a +common misfortune. Some were shouting, others staring as if paralyzed +by fear, others again, the majority, were impatiently asking one +another for fresh details.</p> + +<p class="normal">"It was a shot!" screamed an old gray-headed man in a trembling voice, +above the rest, before he got into the train. "So the telegram to the +prefect says."</p> + +<p class="normal">"A shot!" the word passed from mouth to mouth and some wept aloud.'</p> + +<p class="normal">"No!" cried another, "it was a stab from a dagger, the General himself +told me so."</p> + +<p class="normal">Confused and unintelligible, the cries reached Sendlingen's ears till +they were drowned by the rush of the wheels, and again nothing was to +be heard save the noise of the rolling train.</p> + +<p class="normal">And again his over-wrought imagination presented another picture. The +Emperor had heard his prayer and said: "I grant her her life, I will +commute the punishment to imprisonment for life, for twenty years. More +than this I dare not do; she would have died had she not been your +daughter, but I dare not remit the punishment altogether, nor so far +lessen it that she, a murderess, should suffer the same punishment as +the daughter of a common man had she committed a serious theft." And to +this too he had known of no answer, and had come home and had to tell +his poor daughter that he had deceived her by lies. She had broken down +under the blow, and had been taken with death in her heart to a +criminal prison, and a few months later as he sat in his office and +dignity at Pfalicz, the news was brought him that she had died.</p> + +<p class="normal">"Would this be justice?" cried a voice in his tortured breast. "Can I +suffer this? No, no! it would be my most grievous crime, more grievous +than any other."</p> + +<p class="normal">The train had reached the last station before Vienna, a suburb of the +capital. Here the throng was so dense, the turmoil so great, that +Sendlingen, in spite of his depression, started up and looked out. +"Some great misfortune or other must have happened," he thought, as he +saw the pale faces and excited gestures around him. But so great was +the constraining force of the spell in which his own misery held his +thoughts, that it never penetrated his consciousness so as to ask what +had happened. He leant back in his corner, and of the Babel of voices +outside only isolated, unintelligible sounds reached his ears.</p> + +<p class="normal">Here the people were no longer disputing with what weapon that deed had +been done which filled them with such deep horror. "It was a stab from +a dagger," they all said, "driven with full force into the neck." Their +only dispute was as to the nationality of the malefactor.</p> + +<p class="normal">"It was a Hungarian!" cried some. "A Count. He did it out of revenge +because his cousin was hanged."</p> + +<p class="normal">"That is a lie!" cried a man in Hungarian costume. "A Hungarian +wouldn't do it--the Hungarians are brave--the Austrians are +cowards--the blackguard was an Austrian, a Viennese!"</p> + +<p class="normal">"Oho!" cried the excited crowd, and in the same instant twenty fists +were clenched at the speaker so that he began to retire. "A Lie! It was +no Viennese! on the contrary, a Viennese came to the rescue!"</p> + +<p class="normal">"Yes, a Vienna citizen!" shouted others, "a butcher!"</p> + +<p class="normal">"Was not the assassin an Italian?" asked the guard of the train, +and this was enough for ten others to yell: "It was a +Milanese--naturally!--they are the worst of the lot!" while from +another corner of the platform there was a general cry: "It was a Pole! +a student! He belonged to a secret society and was chosen by lot!"</p> + +<p class="normal">Two Poles protested, the Hungarian and an Italian joined them; bad +language flew all over the place; fists and sticks were raised; the +police in vain tried to keep the peace. Then a smart little shoemaker's +apprentice hit upon the magic word that quieted all.</p> + +<p class="normal">"It was a Bohemian!" he screeched, "a journeyman tailor from +Pardubitz!"</p> + +<p class="normal">In a moment a hundred voices were re-echoing this.</p> + +<p class="normal">This cry alone penetrated the gloomy reflections in which Sendlingen +was enshrouded, but he only thought for an instant: "Probably some +particularly atrocious murder," and then continued the dark train of +his thoughts.--Now he tried to rouse himself, to cheer himself by new +hopes, and he strove hard to think the solution of which Berger had +spoken, credible.</p> + +<p class="normal">He clung to it, he pictured the whole scene--it was the one comfort +left to his unhappy mind. He chose the words by which he would +move his Prince's heart, and as the unutterable misery of the last +few months, the immeasurable torment of his present position once more +rose before him, he was seized with pity for himself and his eyes +moistened--assuredly! the Emperor, too, could not fail to be touched, +he would hear him and grant him the life of his child. Not altogether, +he could not possibly do that, but perhaps he would believe living +words rather than dead documentary evidence and would see that the poor +creature was deserving of a milder punishment. And when her term of +punishment was over--oh! how gladly he would cast from him all the pomp +and dignity of the world and journey with her into a foreign land where +her past was not known--how he would sacrifice everything to establish +her in a new life, in new happiness.... A consoling picture rose before +him: a quiet, country seat, apart from the stream of the world, far, +far away, in France or in Holland. Shady trees clustered around a small +house and on the veranda there sat a young woman, still pale and with +an expression of deep seriousness in her face, but her eyes were +brighter already, and there was a look about her mouth as if it could +learn to smile again.</p> + +<p class="normal">"Vienna."</p> + +<p class="normal">The train stopped; on the platform there was the same swaying, surging +crowd as at the suburb, but it was much quieter for the police +prevented all shouting and forming into groups. Sendlingen did not +notice how very strongly the station was guarded. The consoling picture +he had conjured up was still before his mind; like a somnambulist he +pushed through the crowd and got into a cab. "To the Savage," he called +to the driver; he gave the order mechanically, from force of habit, for +he always stayed at this hotel.</p> + +<p class="normal">The shadows of the dusk had fallen upon the streets as the cab drove +out of the station, the lamps' red glimmer was visible through the damp +evening mist that had followed upon the sunny day. Sendlingen leant +back in the cushions and closed his eyes to continue his dream; he did +not notice what an unusual stir there was in the streets. It was as if +the whole population was making its way to the heart of the city; the +vehicles moved in long rows, the pedestrians streamed along in dense +masses. There was no shouting, no loud word, but the murmur of the +thousands, excitedly tramping along, was joined to a strange hollow +buzz that floated unceasingly in the air, and grew stronger and +stronger as the carriage neared the centre of the town. More and more +police were visible, and at the Glacis there was even a battalion at +attention, ready for attack at a moment's notice.</p> + +<p class="normal">Even this Sendlingen did not notice, it hardly entered his mind +that the cab was driving much more slowly than usual. That picture +of his brain was still before him and hope had visited his heart +again. "Courage!" he whispered to himself. "One night more of this +torment--and then she is saved! He is the only human being who can help +us, and he will help us."</p> + +<p class="normal">His cab had at length made way through the crowd that poured in an ever +denser throng across the Stefansplatz and up the Graben towards the +Imperial Palace--and it was able to turn into the Kärtnerstrasse. It +drew up before the hotel. The hall-porters darted out and helped +Sendlingen to alight, the proprietor himself hurried forward and bowed +low when he recognised him.</p> + +<p class="normal">"His Lordship, the Chief Justice!" he cried. "Rooms 7 and 8. What does +your Lordship say to this calamity? It has quite dazed me!"</p> + +<p class="normal">"What has happened?" asked Sendlingen.</p> + +<p class="normal">"Your Lordship does not know?" cried the landlord in amazement. "That +is almost impossible! A journey-man tailor from Hungary, Johann +Libényi, attempted His Majesty's life to-day at the Glacis. The dagger +of the miscreant struck the Emperor in the neck. His Majesty is +severely wounded, if it had not been for the presence of mind of the +butcher, Ettenreich----"</p> + +<p class="normal">He stopped abruptly, "What is the matter?" he cried darting towards +Sendlingen.</p> + +<p class="normal">Sendlingen tottered, and but for his help would have fallen to the +ground.</p> +<br> +<br> +<br> +<br> +<h2>CHAPTER XIII.</h2> + +<p class="normal">On the evening of the next day Count Karolberg, Sendlingen's +brother-in-law, entered his room at the hotel. "Well, here you are at +last!" he cried, still in the door-way. "Is this the way to go on after +a bad attack of the heart on the evening before? Three times to-day +have I tried to get hold of you, the first time at nine in the morning +and you had already gone out."</p> + +<p class="normal">"Thank you very much!" replied Sendlingen. "My anxiety for authentic +news about the Emperor's condition, drove me out of doors betimes, and +so I went to the Imperial Chancellery as early as was seemly. But I +only learnt what is in all the papers: that there was no danger of his +life, but that he would need quite three weeks of absolute rest to +bring about his complete recovery. Meanwhile the Cabinet is to see to +all current affairs: the sovereign authority of the Emperor is +suspended, and none of the princes of the blood are to act as Regent +during the illness."</p> + +<p class="normal">"But you surely did not inquire about that?" cried Count Karolberg in +astonishment. "That goes without saying."</p> + +<p class="normal">"Goes without saying!" muttered Sendlingen, and for a moment his +self-command left him and his features became so listless and gloomy +that his brother-in-law looked at him much concerned.</p> + +<p class="normal">"Victor!" he said, "you are really ill! You must see Oppolzer +to-morrow."</p> + +<p class="normal">"I cannot. I must go back to Bolosch to-night. I require two days at +least, to arrange the surrender of matters to my successor. But then I +shall come back here at once."</p> + +<p class="normal">"Good! You are going to spend the week before entering on your new +position here; the Minister of Justice has just told me. It was very +prudent of you to visit him at once."</p> + +<p class="normal">"It was only fitting that I should," said Sendlingen. Alas! not from +any motives of fitness or prudence had he gone to the Minister of +Justice; it was despair that drove him there after the information he +got at the Chancellery, a remnant of a hope that by his help, he might +at least attain the postponement of the execution till the Emperor was +better again.</p> + +<p class="normal">Not until he was in the Minister's ante-room, and had already been +announced, did he recover his senses and recognise that the Minister +could as little command a postponement as he himself, and so he kept +silence. "He was very friendly to me!" he added aloud.</p> + +<p class="normal">"He is completely reconciled to you," Count Karolberg eagerly +corroborated. "He spoke to me of your ill-health with the sincerest +sympathy, and told me that you had hinted at not accepting the post at +Pfalicz but contemplated retiring. I hope that is far from being your +resolve! If you require a lengthy cure somewhere in the South, leave of +absence would be sufficient. How could you have the heart to renounce a +career that smiles upon you as yours does?"</p> + +<p class="normal">"Of, course," replied Sendlingen, "I shall consider the subject +thoroughly." He then asked to be excused for a minute in order to write +a telegram to Bolosch.</p> + +<p class="normal">He sat down at the writing-table. He found the few words needed hard to +choose. He crossed them out and altered them again and again--it was +the first lie that that hand had ever set down.</p> + +<p class="normal">At length he had finished. The telegram read as follows:</p> + +<p class="normal">"George Berger, Bolosch. End desired as good as attained. Have procured +postponement till recovery of decisive arbiter. Return to-morrow +comforted. Victor."</p> + +<p class="normal">He then drove with Count Karolberg to his house and spent the evening +there in the circle of his relations. He was quiet and cheerful at he +used to be, and when he took his leave of the lady of the house to go +to the station, he jokingly invited himself to dinner on the 22d of +February.</p> + +<p class="normal">The weather had completely changed, since the morning heavy snow had +fallen: the Bolosch train had to wait a long time at the next station +till the snow-ploughs had cleared the line, and it was not till late +next morning that it reached its destination. Sendlingen was deeply +moved that, notwithstanding, the first face he saw on getting out of +the train, was that of his faithful friend. And at the same time it +frightened him: for how could he look him in the face?</p> + +<p class="normal">But in his impetuous joy, Berger did not observe how Sendlingen shrank +at his gaze. "At last!" he cried, embracing him, and with moistened +eyes, he pressed his hand, incapable of uttering a word.</p> + +<p class="normal">"Thank you!" said Sendlingen in an uncertain voice. "It--it came upon +you as a surprise?"</p> + +<p class="normal">"You may imagine that!" cried Berger. "Soon after your departure, I +heard the news of the attempt on the Emperor's life. I thought all was +lost and was about to hurry to you when your telegram came. And then, +picture my delight! I sent for Franz--the old man was mad with joy!"</p> + +<p class="normal">They had come out to the front of the station and had got into Berger's +sleigh. "To my house!" he called to the driver!</p> + +<p class="normal">"What are you thinking of?" asked Sendlingen.</p> + +<p class="normal">"You forget that you have no longer a habitable home!" cried Berger. +"There is such a veritable hurly-burly at the residence, that even +Franz hardly knows his way about--where do you mean to stay?"</p> + +<p class="normal">"At the Hofmann Hotel," replied Sendlingen. "I have already +commissioned Franz to take rooms there. It is impossible for me to stay +with you, George. Please do not press me. I cannot do it."</p> + +<p class="normal">Berger looked at him astonished. "But why not? And how tragically it +affects you? To the Hofmann Hotel!" he now ordered the driver. "But now +tell me everything," he begged, when the sleigh had altered its +direction. "Who granted you the postponement?"</p> + +<p class="normal">"The Archduke Ferdinand Maximilian," replied Sendlingen quickly, "the +Emperor's eldest brother. I had an interview with him yesterday. The +order to Werner to postpone the execution, should be here by the day +after to-morrow. For my own part, I shall stay in Vienna until the +Emperor has recovered. The Archduke himself could not give a final +decision."</p> + +<p class="normal">"Once more my heartiest congratulations!" cried Berger. "I will +faithfully watch over Victorine till you return. And now as to other +things. Do you know whom this concerns?" He pointed to some bundles of +fir-branches that were being unloaded at several houses. Here and +there, too, some black and yellow, or black, red and yellow flags were +being hung out. "You, Victor. The whole of Bolosch is preparing itself +for to-morrow, it will be such a fête as the town has not seen for a +long time. The Committee has done nothing either about the decorations +or the illuminations. Both are spontaneous, and done without any +preconcerted arrangement."</p> + +<p class="normal">"This must not take place!" cried Sendlingen impatiently. "I cannot +allow it! It would rend my heart!"</p> + +<p class="normal">"I understand you," said Berger. "But in for a penny etc. Besides your +heart may be easier now, than at the time you agreed to accept the +torch-light procession and the banquet. Do not spoil these good +people's pleasure, they have honorably earned your countenance. Every +third man in Bolosch is inconsolable to-day because there are no more +tickets left for the banquet, although we have hired the biggest room +in the place, the one in the town-hall. The only compensation that we +could offer them, was the modest pleasure of carrying a torch in your +honour and at the same time burning a few holes in their Sunday +clothes. Notwithstanding, torches have since yesterday become the +subject of some very swindling jobbery."</p> + +<p class="normal">In this manner he gossiped away cheerfully until the sleigh drew up at +the hotel. Herr Hofmann, the landlord, was almost speechless with +pleasure. "What an honour," stammered the fat man, his broad features +colouring a sort of purple-red. "Your Lordship is going to receive the +procession on my balcony?"</p> + +<p class="normal">"Yes indeed," sighed Berger, "and it is I who got you this honour!" He +drove away, promising to send Franz who was waiting at his house.</p> + +<p class="normal">After a short interval Franz appeared at the hotel; his face beamed as +he entered his master's room, and a few minutes later, when he came out +again, it was pale and distorted and his eyes seemed blinded; the old +man was reeling like a drunkard as he went back to Berger's house to +fetch the trunks to the hotel.</p> + +<p class="normal">Without making good his lost night's rest, Sendlingen betook himself to +his Chambers. Herr von Werner was already waiting for him; they at once +went to their task and began with the business of the Civil Court. It +was not difficult work, but it consumed much time, especially as Werner +in accordance with his usual custom would not dispatch the most +insignificant thing by word of mouth. Seldom can any mortal have +written his signature with the same pleasure as he to-day signed: "von +Werner, Chief Justice."</p> + +<p class="normal">Sendlingen held out patiently, without a sign of discomposure, "like a +lamb for the sacrifice" thought Baron Dernegg who was assisting with +the transfer. They only interrupted their work to take a scanty meal in +Chambers; twice, moreover, Franz sent for his master to make a brief +communication. At length, about ten at night, the work was done. For +the next day, when the affairs of the Criminal Court were to be +disposed of, Werner promised to be more brief. "You had better, if you +value your life," cried Dernegg laughing. "The Citizens of Bolosch +won't be made fools of. Woe to you if you don't release the hero of +to-morrow's fête in good time!"</p> + +<p class="normal">Sendlingen went to Berger who had now been waiting for him several +hours with increasing impatience. "I shall never forgive Herr von +Werner this!" he swore as they sat down to their belated meal. "And it +is the last evening in which I shall have you to myself! Franz told me +that you were going to Vienna by the express at four in the morning, +Why will you not take a proper rest after the excitement of the fête? +You had better go the day after to-morrow by the midday train."</p> + +<p class="normal">"I cannot," replied Sendlingen. "The Minister of Justice has asked me +to attend an important conference the day after to-morrow, and +therefore I am even thinking of going by the mail-train to-morrow. It +starts shortly after midnight and----"</p> + +<p class="normal">"That is quite impossible!" interrupted Berger. "Just consider, the +procession takes place between eight and nine, the banquet begins at +ten, it will be eleven before the first speeches are made--then you are +to reply in all speed, rush out, hurry to the hotel, change your +clothes, fly to the station----Why, it is quite impossible, and the +people would be justly offended if you fled from the feast in an hour's +time as if it were a torment!"</p> + +<p class="normal">"And so it is!" cried Sendlingen. "When you consider what my feelings +are likely to be at leaving Bolosch, then you will certainly not try to +stop me, but will rather help me, so that the torment be not too long +drawn out."</p> + +<p class="normal">Berger shrugged his shoulders. "You always get your own way!" he said. +"But it is not right to offend the people and then victimise yourself +all night in a train that stops at even the smallest stations."</p> + +<p class="normal">Then they talked of the political bearings, of the consequences, which +the crime of the 18th February, the act of a half-witted creature, +might have on the freedom of Austria. Victorine's name was not +mentioned by either of them this time.</p> + +<p class="normal">Sendlingen never closed his eyes all that night, although Herr Hofmann +had personally selected for him the best pillows in the hotel. It was a +dark, wild night; the snow alone gave a faint glimmer. An icy +northeast wind whistled its wild song through the streets, fit +accompaniment to the thoughts of the sleepless man.</p> + +<p class="normal">Towards eight in the morning--it had just become daylight--he heard the +sound of military music; the band was playing a buoyant march. At the +same time there was a knock at his door and Franz entered. The old man +was completely broken down. "We must dress," he said. "The band of the +Jägers and the choral society are about to serenade. Besides I suppose +we have not slept!"</p> + +<p class="normal">"Nor you either, Franz?"</p> + +<p class="normal">"What does that matter! But we will not survive it!" he groaned. "Oh! +that this day, that this night, were already past."</p> + +<p class="normal">"It must be, Franz."</p> + +<p class="normal">"Yes, it must be!"</p> + +<p class="normal">The band came nearer and nearer. At the same time the footsteps, the +laughter and shouts of a large crowd were audible. The old man +listened. "That's the Radetzky March!" he said. "Ah! how merrily they +are piping to our sorrow."</p> + +<p class="normal">The procession had reached the hotel.</p> + +<p class="normal">"Three cheers for Sendlingen!" cried a stentorian voice. The band +struck up a flourish and from hundreds and hundreds of throats came the +resounding shout: "Hip, hip, Hurrah! Hurrah! Hurrah!" Then the band +played a short overture and the fingers followed with a chorus. +Meanwhile Sendlingen had finished dressing; he went into the adjoining +room, and, after the song was finished and the cheering had begun +again, he opened a window and bowed his thanks.</p> + +<p class="normal">At his appearance the shouts were louder and louder; like the voice of +a storm they rose again and again: "Hurrah for Sendlingen! Hurrah! +Hurrah!" and mingling with them was the cry of the Czech workmen: +"Slava--Na zdar!" All the windows in the street were open; the women +waved their handkerchiefs, the men their hats; as far as the eye could +see, bright flags were floating before the snow-covered houses, and +decorations of fir were conspicuous in all the windows and balconies. +The unhappy man stared in stupefaction at the scene beneath him, then a +burning crimson flushed his pale face and he raised his hand as if to +expostulate.</p> + +<p class="normal">The crowd put another interpretation on the sign and thought that he +wanted to make a speech. "Silence," shouted a hundred voices together +and there was a general hush. But Sendlingen quickly withdrew, while +the cheering broke forth afresh.</p> + +<p class="normal">"My hat!" he cried to Franz. He wanted to escape to the Courts by the +back door of the hotel. But it was too late; the door of the room +opened, and the Committee entered and presented the address of the +inhabitants of Bolosch. Then the mayor and town-council appeared +bringing the greatest distinction that had ever been conferred on a +citizen of Bolosch--not only the freedom of the city, but the +resolution of the town-council to change the name of Cross Street +forthwith into Sendlingen Street. Various other deputations followed: +the last was that of the workmen. Their leader was Johannes Novyrok; he +presented as a gift, according to a Slavonic custom, a loaf of bread +and a plated salt-cellar, adding:</p> + +<p class="normal">"Look at that salt-cellar, my Lord! If you imagine that it is silver +you will be much mistaken, it is only very thinly plated and cost no +more than four gulden, forty kreutzer, and I must candidly say that the +dealer has very likely swindled us out of a few groschen in the +transaction; for what do we understand of such baubles? Well, four +gulden and forty kreutzer, besides fifteen kreutzer for the bread and +five kreutzer for the salt, make altogether five gulden of the realm. +Now you will perhaps think to yourself, my Lord: Are these men mad that +they dare offer <i>me</i> such a trifling gift--but to that I answer: Five +gulden are three hundred kreutzer of the realm, and these three hundred +kreutzer were collected in this way: three hundred workmen of this town +after receiving their wages last Saturday, each subscribed one kreutzer +to give you a bit of pleasure. And now that you know this, you will +certainly honour their trifling gift. We beg you to keep this +salt-cellar on your table, so that your heart may be always rejoiced by +the gift of poor men whose benefactor you have been."</p> + +<p class="normal">In the Law Courts, too, a solemn ovation was awaiting him. Two Judges +received him at the entrance and conducted him to the hall of the +Senate, where all the members of the Court were gathered. Werner handed +him their parting-gift: a water-colour painting of the Courts of +Justice, and an album with the photographs of all connected with them. +"To the model of every judicial virtue," was stamped on it in gold +letters. Then Dernegg stepped forward. A number of the Court officials +had clubbed together to adorn the walls with Sendlingen's portrait. +Dernegg made a sign and the curtain was withdrawn from the picture.</p> + +<p class="normal">"Not only to honour you," he continued turning to Sendlingen, "have we +placed this picture here, but because we desire that your portrait +should look down upon us to admonish and encourage us, whenever we are +assembled here in solemn deliberation. It was here that four months ago +you gave utterance to a sentiment that, to me, will always be more +significant of your character than anything I ever heard you say. We +were discussing the condemnation of an unfortunate government clerk. 'I +have never been,' you said on that occasion, 'a blind adherent of the +maxim Fiat justitia et pereat mundum--but at least it must so far be +considered sacred, as binding each of us Judges to act according to law +and duty, even if our hearts should break in doing so.' Such things are +easily said, but hard to do. Fate, however, had decreed that you were, +since then, to give a proof that this conviction had indeed been the +loadstar of your life. Who should know that better than I, your +colleague in those sorrowful days. You never hesitated, even when all +that the heart of man may cling to, was at stake in your life."</p> + +<p class="normal">He had intended to go into this at greater length, but he came to a +speedy conclusion when he saw how pale Sendlingen had turned. "Very +likely his heart is troubling him again," he thought. But the attack +seemed to pass quickly. Certainly Sendlingen only replied in a very few +words, but he went to work again with Werner zealously.</p> + +<p class="normal">The three men--Dernegg was assisting to-day as well--betook themselves +to the prison. In the Governor's office, the register of prisoners was +gone through. Werner started when he saw the list of the sick.</p> + +<p class="normal">"So many?" he cried. "Our doctor would be more suited to a +philanthropic institute than here. Here, for instance, I read: +'Victorine Lippert. Since the 9th November, 1852.' Why that must be the +child-murderess, that impertinent person who made such a scene at the +trial. And here it says further: 'Convalescent since the middle of +December, but must remain in the infirmary till her complete recovery +on account of grave general debility.' This person has been well for +two months, and is still treated as if she were ill! Isn't that +unjustifiable?"</p> + +<p class="normal">Sendlingen made no reply; he was holding one of the lists close to his +eyes, so that his face was not visible. Dernegg, however, answered: +"Perhaps the contrary would be unjustifiable. The doctor knows the +case, we don't. He is a conscientious man."</p> + +<p class="normal">"Certainly," agreed Werner, "of course he is--but much too +soft-hearted. Let us keep to this particular case. Well, this person +has been tended as an invalid for more than two months. That adds an +increase of more than twenty kreutzer daily to the public expenditure, +altogether, since the middle of December, fourteen gulden of the realm. +We should calculate, gentlemen, calculate. And is such a person worth +so much money? Well, we can soon see for ourselves whether she is ill!"</p> + +<p class="normal">They began to go the rounds of the prison. That was soon done with, but +in the first room of the Infirmary, Werner began a formal examination +of the patients.</p> + +<p class="normal">Sendlingen went up to him. "Finish that tomorrow," he said sharply, in +an undertone. "You are my successor, not my supervisor."</p> + +<p class="normal">Werner almost doubled up. "Excuse me--" he muttered in the greatest +embarrassment. "You are right,--but I did not dream of offending +you--you whom I honour so highly. Let us go."</p> + +<p class="normal">They went through the remainder of the rooms without stopping, until +they came to the separate cells for female patients. Here, only two +female warders kept guard. Werner looked through the list of the +patients' names. "Why, Victorine Lippert is here," he said. "Actually +in a separate cell. My Lord Chief Justice," he continued in an +almost beseeching tone of voice, turning to Sendlingen, "this one case +I should like at once to--I beg--it really consumes me with +indignation--otherwise I must come over this afternoon."</p> + +<p class="normal">Sendlingen had turned away. "As you wish," he then muttered, and they +entered her cell.</p> + +<p class="normal">Victorine had just sat down at her table and was reading the Bible. She +looked up, a crimson flush overspread her face, trembling with a glad +excitement she rose--the pardon must at length have arrived from +Vienna, and the Judges were coming to announce it.</p> + +<p class="normal">The danger increased Sendlingen's strength. He had not been able to +endure Dernegg's words of praise, but now that the questioning look of +his child rested on him, now that his heart threatened to stand still +from compassion and from terror of what the next moment might bring +forth, not a muscle of his face moved.</p> + +<p class="normal">Perhaps it decisively affected his and Victorine's fate, that this +unspeakable torture only lasted a few moments. "There we are!" Werner +broke forth. "Rosy and healthy and out of bed. A nice sort of illness. +But this shall be put a stop to to-day."</p> + +<p class="normal">With a low cry, her face turning white, Victorine staggered back. +Werner did not hear her, he had already left the cell, the other two +followed him. "It was on account of your request that I was so brief," +said Werner in the corridor turning to Sendlingen. "Besides one glance +is sufficient! Tell me yourself, my Lord, does she look as if she were +ill?"</p> + +<p class="normal">"You must take the Doctor's opinion about that," said Dernegg.</p> + +<p class="normal">"That would be superfluous," said Sendlingen, his voice scarcely +trembling. "The sentence of death is confirmed; she must be executed in +a few days; the 25th February at the latest, as the sentence reached +here on the seventeenth. I can only share your view," he continued +turning to Werner, "she really looks healthy enough to be removed into +the common prison. But what would be the good? We have not got any +special 'black hole' in which condemned criminals spend the day before +their execution, and one of these cells in the Infirmary is always used +for the purpose."</p> + +<p class="normal">"You are right as usual," Werner warmly agreed.</p> + +<p class="normal">"She can remain in the cell for the two days: that will be the most +practical thing to do. On the twenty-third, I will announce the +sentence, on the twenty-fourth, the execution can take place."</p> + +<p class="normal">Sendlingen gave a deep sigh. "We have finished with the prisons now," +he said, "let us go back to Chambers. Allow me to show you the nearest +way."</p> + +<p class="normal">He beckoned to the Governor of the Prison to follow them. The +cells of the Infirmary were in a short corridor that opened into the +prison-yard. The Governor opened the door and they stepped out into the +yard. "I have a key to this door," said Sendlingen to Werner, "as well +as to that over there." He pointed to the little door in the wall which +separated the prison-yard from the front part of the building. "I will +hand both these keys over to you presently. My predecessor had this +door made, so as to convince himself, from time to time, that the +prison officials were doing their duty. But he forgot to tell me +about this, and so the keys have been rusting unused in my official +writing-table. I first heard of this accidentally a few months ago."</p> + +<p class="normal">"Certainly this means of access requires some consideration," observed +Dernegg. "An attempt at escape would meet with very slight obstacles +here. Anyone once in the Infirmary Corridor, would only need to break +through two weak doors, the one in the yard and this one in the wall, +and then get away scot free by the principal entrance which leads to +the offices and private residence of the Chief Justice!"</p> + +<p class="normal">"What an idea!" laughed Werner. "In the first place: how would the +fellow get out of the sick-room or out of his cell into the corridor of +the female patients? He would first have to break through two or three +doors. And if he should succeed in getting out into the yard, he would +perhaps never notice the door, it is so hidden away; and if, groping +about in the dark, he were to find it, he would not know where it led +to, or whether there might not be a sentry on the other side with a +loaded rifle. No, no, I think this arrangement is very ingenious, very +ingenious, gentlemen, and I purpose often to make use of it."</p> + +<p class="normal">Sendlingen took no part in this talk; he had altogether become very +taciturn and remained so, as they set to work again in Chambers. But +the evening had long set in, the illumination of the town had begun, +and the lights were burning in the windows of the room where they were +working, before they had completed all the formalities. When all was +finished, Sendlingen handed his successor the keys of which he had +spoken.</p> + +<p class="normal">Franz was waiting outside with a carriage from the hotel. It was a +nasty night; an icy wind was driving the snow-flakes before it. +Notwithstanding Sendlingen wanted to proceed on foot. "My forehead +burns," he complained. But Franz urged: "I have brought it on account +of the crowds of people about. If we are recognised, we should never +get along or escape from the cheering." So Sendlingen got in.</p> + +<p class="normal">This precaution proved to be well-founded. In spite of the stormy +weather, the streets were densely packed with people slowly streaming +hither and thither, and admiring the unwonted spectacle of the +illuminations. The carriage could only proceed at a walking pace: +Sendlingen buried himself deeper in its cushions so as not to be +recognised.</p> + +<p class="normal">"The good people!" said old Franz who was sitting opposite him. "I have +always known who it was I was serving, but how much we are loved and +honoured in this town, was not manifest till to-night. But we are not +looking at the illuminations, they are very beautiful."</p> + +<p class="normal">"And who is it they are there for!" cried Sendlingen burying his face +in his hands.</p> + +<p class="normal">The carriage which had been going slower and slower, was now obliged to +stop; it had come to the beginning of Cross Street which since the +morning bore the superscription: "Sendlingen Street!" The inhabitants +of this street in order to show themselves worthy of the honour, had +illuminated more lavishly than anyone else, and as the Hofmann Hotel +was situated here, the crowd had formed into such a dense mass at this +point, that a passage through it was not to be thought of. Sendlingen +had to quit the carriage and, half deafened with the cheers, he hurried +through the ranks and breathed again when he reached the shelter of the +hotel.</p> + +<p class="normal">There Berger, who had been impatiently awaiting him, met him. "Now +quick into your dress clothes," he cried, "in ten minutes the +procession will be here." Sendlingen had hardly finished dressing, when +the sound of music and the shouts of the crowd, announced the approach +of the procession. He was obliged to yield to his friend's pressure and +go out on the balcony. There was a red glimmer from the direction of +the river, and like a giant fire-serpent, the procession wound its way +through the crowd. It stopped before the hotel, the torch-bearers +formed themselves in line in the broad street. Unceasingly, endlessly, +like the roar of wild waves, resounded the cheers.</p> + +<p class="normal">Berger's eyes sparkled. "This is a moment which few men live to see," +he said. "Know this, and be glad of it! He who has won such love is, in +spite of anything that could happen, one of the favoured of this +earth!"</p> + +<p class="normal">Then they drove to the banquet at the town-hall. The large room was +full to overflowing, and all agreed that this was the most brilliant +assembly that had ever been gathered together within its walls, "But he +deserves it," all said. "What has this man not suffered in the last +few weeks through his fidelity to conviction! One can see it in his +face--this agitation has broken his strength for years!" People +therefore did not take it ill that his replies to the two toasts, "Our +last honorary citizen" proposed by the Mayor, and the "Rock of Justice" +proposed by the chairman of the committee, were very briefly put. He +thanked them for the unmerited honour that had been done him, assured +them that he would never forget their kindness, and, to be brief, made +only the most commonplace remarks, without fulfilling either by his +style or his thoughts, the expectation with which this speech had been +looked forward to. Nevertheless, after he had finished, he was greeted +with wild cheering, and the same thundering applause followed him as he +left the hall towards eleven o'clock.</p> + +<p class="normal">Berger and Dernegg accompanied him to the hotel, then to the station. +The first bell had already rung when they got there; so their farewell +had to be brief. Silently, with moistened eyes, Sendlingen embraced his +friend before he got into the train; Franz took his place in a +second-class compartment of the same carriage. Both waved from the +windows after the train had moved off and was gliding away, swifter and +swifter, into the stormy night.</p> + +<p class="center" style="letter-spacing:20px">* * * * * * * * * *</p> + +<p class="normal">Next morning about nine o'clock, when Berger had just sat down at his +writing-table, there was a violent knock at his door and a clerk of the +Law Courts rushed in. "Dr. Berger!" he cried, breathlessly, "Herr von +Werner urgently begs you to go to him at once. Victorine Lippert has +escaped from the prison in the night."</p> + +<p class="normal">Berger turned deadly pale. "Escaped?"</p> + +<p class="normal">"Or been taken out!" continued the clerk. "Herr von Werner hopes you +may be able to give some hint as to who could have interested +themselves in the person."</p> + +<p class="normal">"Very well," muttered Berger. "I know little enough about the matter, +but I will come at once."</p> + +<p class="normal">The clerk departed; Berger sat at his table a long time, staring before +him, his head heavily sunk on his breast. "Unhappy wretch!" he thought. +"Now I understand all!"</p> + +<p class="normal">Now he understood all: why Sendlingen had hesitated so long in taking +the journey to Vienna, why he had taken Franz and Brigitta into his +confidence, why he had spent the last two days at the hotel where he +and his servant could make all preparations undisturbed, and why he had +chosen the mail train which stopped at every station. The next station +to Bolosch was not distant more than half an hour's drive by sleigh. +"They must both have left the train there," he thought, "and hurried +back in a sleigh that was waiting for them, then released Victorine and +hastened away with her, perhaps to the first station where the express +stops, perhaps in the opposite direction towards Pfalicz. At this +moment, very likely, she is journeying under Franz's protection to some +foreign country where Brigitta awaits her, somewhere in France, or +England, or Italy, while he is hurrying to Vienna, so as not to miss +his appointment with the Minister of Justice!"</p> + +<p class="normal">"Monstrous!" he groaned. And surely, the world had never before seen +such a thing: such a crime committed by such a man, and on the very day +when his fellow-citizens had done honour to him as the "Rock of +Justice!" And such he would be for all time, in the eyes of all the +world; it was not to be supposed that the very faintest suspicion would +turn against him: he would go to Pfalicz and there continue to judge +the crimes of others. The honest lawyer boiled over, he could no longer +sit still but began to pace up and down excitedly. Bitter, grievous +indignation filled his heart; the most sacred thing on earth had been +sullied, Justice, and by a man whom of all men he had loved and +honoured.</p> + +<p class="normal">And then this same love stirred in his heart again. He thought of last +night, of the moment when he had stood by his friend, while the +thousands surged below making the air ring with their cheers. Pity +incontinently possessed his soul again. "What the poor wretch must have +suffered at this moment!" he thought. "It is a marvel that he did not +go mad. And what he must have suffered on his journey to Vienna, and +long weeks before, when the resolve first took shape in him!"</p> + +<p class="normal">He bowed his head. "Judge not, that ye be not judged," cried a voice of +admonition within him. His bitterness disappeared, and deep sorrow +alone filled his heart: sin had bred other sins, crime, another crime +and fresh remorse and despair. How to judge this deed, what was there +to be said in condemnation, what in vindication of it: that deed of +which he had once dreamed, it certainly was not; it was no great, +liberating solution of these complications, but only an end of them, a +hideous end! Certainly Victorine might have now suffered enough to have +been granted freedom, and the opportunity of new life, and no less +certainly would Sendlingen, honourable and loving justice in the +extreme, carry in his conscience through life, the punishment for his +crime--but Justice had been outraged, and this sacred thing would never +receive the expiation that was its due. "A wrong should not be expiated +by a crime!" Sendlingen had once said to him--but now he had done it +himself. "Re-assure yourself," he had once exclaimed at a later date, +"outraged Justice shall receive the expiation that is its due!" This +would not, could not be--never--never!</p> + +<p class="normal">Berger roused himself and went forth on his bitter errand. When he +reached the Courts of Justice, old Hoche, who had entered on his +retirement some weeks ago, was just coming out. Berger was going to +pass him with a brief salutation, but the old gentleman button-holed +him.</p> + +<p class="normal">"What do you say to this?" he cried. "Monstrous, isn't it? I am +heartily glad that the misfortune has not befallen Sendlingen! But do +not imagine that I wish it to Herr von Werner. On the contrary, I have +just given him a piece of advice--ha! ha! ha!--that should relieve him +of his perplexity. You cross-examine Dr. Berger sharply, I said to him; +that is the safest way of getting to know the secret of who took her +out. For the way Dr. Berger interested himself in this person, is not +to be described. Me, a Judge, he called a murderer for her sake, upon +my word, a murderer. Ha! ha! ha! there you have it."</p> + +<p class="normal">Berger had turned pale. "This is not a subject of jest," he said, +angrily.</p> + +<p class="normal">"Oh, my dear Dr. Berger!" replied the old man soothingly, "I have only +advised Herr von Werner--and naturally without the slightest suspicion +against you--to formally examine you on oath as a witness. For anyone +connected with the prisoner is likely to know best. And besides: a +record of evidence can never do any harm--<i>ut aliquid fecisse +videatur</i>, you know. They will see in Vienna that Werner has taken a +lot of trouble. Well, good-bye, my dear doctor, good-bye."</p> + +<p class="normal">He went. Berger strode up the steps. His face was troubled and a sudden +terror shook his limbs. He had never thought of that. Supposing he +should now be examined on oath? Could he then say: 'I have no suspicion +who could have helped her?' Could he be guilty of perjury to save them +both? "May God help them then," he hissed, "for I cannot."</p> + +<p class="normal">He entered the corridor that led to the Chief Justice's Chambers. The +examination of the prison officials had just been concluded, but a few +warders were standing about and attentively listening to the crafty +Höbinger's explanation of this extraordinary case. "Favouritism!" +Berger heard him say as he went by, "her lover, the young Count, has +got her out." The two female warders of the Infirmary cells were there +too, sobbing.</p> + +<p class="normal">Berger entered the Chief Justice's Chambers. Baron Dernegg and the +Governor of the prison were with Werner. At a side-table sat a clerk; a +crucifix and two unlighted candles were beside him. "At last!" +cried Werner. "I begged you so particularly to come at once. There is +not a moment to be lost. Light the candles!" he called to the clerk.</p> + +<p class="normal">"But that may be quite useless," cried Dernegg. "Do you know anything +about the matter?" he then asked Berger.</p> + +<p class="normal">"No!" The sound came hoarsely, almost unintelligibly, from his stifled +breast.</p> + +<p class="normal">Werner stood irresolute. "But Dr. Berger was her Counsel," he said, +"and the authorities in Vienna----"</p> + +<p class="normal">"Must see that you have taken trouble," supplemented Dernegg. "They +will hardly see this from documents with nothing in them. We have more +important things to do now: the escape was discovered three hours ago, +and the description of her appearance has not yet been drawn up and +telegraphed to Vienna and the frontier stations."</p> + +<p class="normal">Werner still looked irresolutely at the lighted candles for a few +seconds: to Berger they seemed an eternity of bitter anguish such as +his conscience had never endured before. "Put out the candles! Come, +the description of her appearance!" He seized the papers relating to +the trial. "Please help me!" he said turning to Dernegg. "My head is +swimming! O God! that I should have lived to see this day!"</p> + +<p class="normal">While the clerks were writing at the dictation of the two judges, +Berger turned to the Governor and asked him how the escape had been +effected.</p> + +<p class="normal">"It is like magic!" he replied. "When one of the female warders was +taking her breakfast to her this morning, she found the door merely +latched and the cell empty. The lock must have been opened from the +inside. Her course can be plainly traced: she escaped through the yard; +the locks of all the doors have been forced from inside by a file used +by someone with great strength. This is the first riddle. Such a thing +could hardly be done by the hand of the strongest man; it is quite +impossible that Victorine Lippert had sufficient strength! The doctor +vouches for it, and for the matter of that you knew her yourself, Dr. +Berger."</p> + +<p class="normal">Berger shrugged his shoulders and the Governor continued: "You see the +theory of external assistance forces itself imperatively upon us, and +yet it is not tenable. The help cannot have come from outside, as all +the locks were forced on the inside. And in the prison she can likewise +have received no assistance. There is not one of the warders capable of +such a crime, besides there is only one door between the general prison +and the corridor of the female patients, and that was locked and +remained locked. Since any external help is not to be thought of, we +are obliged, difficult as it is, to credit Victorine Lippert with +sufficient strength. But there we are confronted with the second +riddle: how did she come by the file? And in the face of such +incomprehensibilities, it is a small thing that she should also have +been aware of an exit that is known to few!"</p> + +<p class="normal">"Mysterious in every way!" said Berger. "Most extraordinary!" To him +the rationale of the thing was plain enough: Master and servant had by +means of the official keys or of duplicates which they had had made, +penetrated the prison, and on their return had filed the locks. By this +ruse, all suspicion of external help would be removed, and at the same +time, as far as Sendlingen could do so, it would be averted from the +prison officials.</p> + +<p class="normal">Meanwhile the two Judges had drawn up the description of the fugitive's +appearance, and Dernegg renewed his advice to telegraph it abroad at +once. Werner objected that this was "a new method" that he would not +agree to. "Everything according to rule!" he said. "We will publish the +description in the official paper, distribute it among the police, and +send a copy to Vienna. It is inconceivable that the person has got out +of the country; where would she get the money from? We will therefore +not telegraph, and that is enough!"</p> + +<p class="normal">But after the old man had roused himself to this judgment of Solomon, +his self-control deserted him altogether. "What a calamity!" he moaned. +"What a beginning to my life as Chief Justice! But I am innocent! Alas! +I shall, none the less, receive a reprimand from the Minister which I +shall carry about me all my life, unless Sendlingen saves me. But my +friend Sendlingen, that best of colleagues, will speak for me and save +me. Excuse me, gentlemen--but I shall have no peace, until I have +written and asked for his help!"</p> + +<p class="normal">He sat down to his writing-table, the others took their leave.</p> + +<p class="normal">The next morning Berger received a letter from Vienna, the handwriting +of the address was known to him and, with trembling hands, he opened +the envelope. This was the letter.</p> + +<p class="normal">"I know that you cannot forgive me and I do not ask you to do so. One +favour only do I implore: do not give up hope that the time will one +day come when I shall again be worthy of your regard. The first step to +this I took yesterday: I have left the service of the State for ever, +and I do not doubt that I shall have courage to take the second step, +the step that will resolve all; when God will grant me the grace to do +this, I know not. Pray with me that I may not have too long to wait.</p> + +<p class="normal">"Farewell, George, farewell for ever!</p> + +<p class="normal">"Victor."</p> + +<p class="normal">Berger stared for a long while at these lines, his lips trembled--he +was very sore at heart.</p> + +<p class="normal">Then he drew a candle towards him, lit it, and held the letter in its +flame until it had turned to ashes.</p> + +<p class="normal">"Farewell, thou best and purest of men," he whispered to himself, and a +sudden tear ran down his cheek.</p> +<br> +<br> +<br> +<br> +<h2>CHAPTER XIV.</h2> + +<p class="normal">Three years had passed, it was the summer of 1856. Bright and hot, the +June sun shone upon the Valley of the Rhine ripening the vineyards that +hung upon its rocky declivities. The boat steaming down the Valley from +Mayence to the holy city of Cologne, had its sheltering awning +carefully stretched over the deck, and all went merrily on board, +merrily as ever. More beautiful landscapes there may be in the +world, but none that make the heart more glad. And so thought two +grave-looking men who had come aboard at Mayence that morning. They had +come from Austria, and were going to London; they did not want to miss +the opportunity of seeing the beautiful river, but at the beginning of +the journey they made but a poor use of the favourable day. They sat +there oppressed and scarcely looking up, consulting together about the +weighty business that lay on their shoulders. But an hour later, when +they got into Nassau, they yielded to the charm of the scenery, and as +they glided by Rüdesheim, they began to consider whether, after all, +the Rhine was not the proper place to drink Rhine-wine, and when they +passed the Castle called the Pfalz at Caub, they first saw this +venerable building through their spectacles, and then through the +green-gold light of the brimming glasses they were holding to their +eyes.</p> + +<p class="normal">These two men were Dr. George Berger of Bolosch and a fellow barrister +from Vienna. They had a difficult task to perform in London. One of the +largest iron-foundries in Austria, that at Bolosch, had got into +difficulties, and an attempt to stave off bankruptcy had failed, less +from the action of the creditors, than from the miserable red-tapism of +the Chief Justice of Bolosch, Herr von Werner. The foundry, which +employed thousands of men, would be utterly ruined if it did not +succeed in obtaining foreign capital. With this object, these two +representatives of the firm were making their way to England.</p> + +<p class="normal">On the Rhine, everybody forgets their cares and this was their +good-fortune too. And so greatly had the lovely river, which both now +saw for the first time, taken possession of their hearts, that they +could not part company with it even at Cologne, where most people went +ashore. They resolved to continue the journey by the river as far as +Arnhem, and they paced up and down the now empty deck cheerfully +talking in the cool of the evening. No mountains, no castles, were any +longer reflected in the stream, but the look of its shores was still +pleasant, and when they saw the light of dying day spread its rosy net +over the broad and swiftly flowing waters, they did not repent their +resolve, and extolled the day that had ended as beautiful as it had +begun.</p> + +<p class="normal">The shades of evening fell, the banks of the river grew more and more +flat and bare, factories became more and more plentiful, and behind +Dusseldorf, they saw the red glare of countless blast-furnaces, +brightly glowing in the dark.</p> + +<p class="normal">This sight reminded them of their task.</p> + +<p class="normal">"Who knows," sighed Berger's friend Dr. Moldenhauer, "how soon these +fires at home may not be extinguished! And why? Because of the +narrow-mindedness of one single man. Nothing in my life ever roused my +indignation more than our dealings with your Chief Justice! What +pedantry! what shortsightedness! Now his predecessor, Baron Sendlingen, +was a different sort of man!"</p> + +<p class="normal">Berger sighed deeply. "That he was!" he replied.</p> + +<p class="normal">"The Werners stay, the Sendlingens go," continued Dr. Moldenhauer. "And +they are allowed to go cheerfully, nay, even forced to go! At least it +was generally said that, when Baron Sendlingen suddenly retired a few +years ago, it was not on account of heart-disease, as officially +reported, but because he had had a difference with the Minister of +Justice. The regret at this was so great that His Excellency had to +hear many a reproach."</p> + +<p class="normal">"Perhaps unjustly for once," said Berger, heavy at heart.</p> + +<p class="normal">"I don't think so," cried Moldenhauer. "Sendlingen certainly went away +in deep dudgeon, otherwise he would not have renounced his pension and +then left Austria for ever. Even his brother-in-law, Count Karolberg, +does not know where he has gone. You were very intimate with him, do +you know?"</p> + +<p class="normal">"No!"</p> + +<p class="normal">"Count Karolberg thinks he may have died suddenly in some of his +travels abroad."</p> + +<p class="normal">"That too is possible," answered Berger shortly; he was anxious to drop +the subject.</p> + +<p class="normal">But Moldenhauer stuck to his theme. "What a thousand pities it is!" he +continued. "How great a lawyer he was, his last work, 'On +Responsibility and Punishment in Child-murder,' which appeared +anonymously some three years ago, most clearly shows--You know the book +of course."</p> + +<p class="normal">"Yes," said Berger, "but I doubt whether it is by Sendlingen." This was +an untruth, he had never doubted it.</p> + +<p class="normal">"It is attributed to other writers as well," replied Dr. Moldenhauer, +"but his brother-in-law is convinced that it is by him. He says he +recognised the style and also some of the thoughts, which Sendlingen +explained to him in conversation. Whoever the author may be, he need +not have concealed his identity. The work is the finest ever written on +this subject and has made a great sensation. It is chiefly owing to its +influence, that our new penal code so definitely emphasizes the +question of unsoundness of mind in such crimes, and has so materially +lessened the punishment for them."</p> + +<p class="normal">He talked for a long time of the excellencies of the work, but Berger +hardly heard him, and was silent and absent-minded for the rest of the +evening. When Moldenhauer retired to his cabin for the night, Berger +still remained on deck; he was fascinated, he said, by this wondrous +spectacle of the night.</p> + +<p class="normal">And indeed the aspect of the scene was strange enough and not without +its charm. The moon-light lay in a faint glimmer on the stream that +here, having almost poured forth its endless waters, was slowly flowing +with a gentle murmur towards its grave, the vast sandy plain of the +sea. On the level shores, the dim light showed the distant, dusky +outlines of solitary high houses and windmills, and then again came +blast-furnaces, smoking and flaming, denser and denser was the forest +of them the further the boat glided on, and, here and there, where one +stood close to the shore, it threw its blood-red reflex far on to the +waters reaching almost to the boat, so that its lurid light and the +faint lustre of the celestial luminary, seemed to be struggling for the +mastery of it.</p> + +<p class="normal">The lonely passenger on the deck kept his eyes riveted on the scene, +but his thoughts were far away. His recent conversation had powerfully +stirred up the memory of his unhappy friend.</p> + +<p class="normal">Since that last letter he had received no line, no sign or token of any +sort from him. Why? he asked himself. From mistrust? Impossible. From +caution? That would be exaggerated; the writing on the envelope would +not betray to any meddlesome person in what corner of the earth he had +buried himself with his child. Besides he had no need to be +apprehensive of any inquiry; no one knew of his child, Victorine +Lippert's escape from prison had never been cleared up, the +investigation had soon after been discontinued without result. The +Governor of the Prison had been reprimanded for want of care in +searching the cell, the little door in the wall had been bricked up, so +that Herr von Werner had never been able to make use of the arrangement +which he had thought so "ingenious"--those were the only consequences. +Among the prison officials as among the lower classes, the opinion was +sometimes expressed that it was Count Riesner-Graskowitz who had +liberated his sweetheart, but this was not believed in higher circles; +against Sendlingen, however, there was never the slightest breath of +suspicion. Sendlingen himself must know this well enough, otherwise he +would not have dared to let his book appear, that curious work in which +every reader might perceive beneath the stiff, solid legal terminology, +the beatings of a deeply-moved heart. He had not put his name to it, +but he must have known that his name would rise to the lips of anyone +who had carefully read his earlier writings.</p> + +<p class="normal">If he had not feared this, he might well have ventured upon a letter. +If he was none the less silent, it must be because he preferred to be +silent. Had he, perhaps, thought Berger, not had the courage to take +that second step, had he perhaps renounced the intention and was now +ashamed to confess it? That would be superfluous anxiety indeed. Is +there a man in the wide world, who would have the heart to blame him +for this?</p> + +<p class="normal">Or was he silent because he could speak no more? The thought had never +entered his head before; now in this lonely hour of night it +overmastered him. Of course, his brother-in-law was right, he had died +a sudden death and now slept his last sleep somewhere in a strange land +and under a strange name. And if that were so, would it be cause for +complaint? Would not Death have been a deliverer here?</p> + +<p class="normal">Softly murmuring, the waters of the river glided on, not a sound came +from its banks; in deep and solemn stillness, night lay upon the land +and waters. The solitary figure on deck alone could find no rest, and +the early dawn was trembling in the East over the distant hills of +Guelderland, ere he at length went in search of sleep.</p> + +<p class="normal">He had scarcely rested a couple of hours when the steward knocked at +his cabin-door--the passengers were to come on deck, the boat was +approaching Lobith, on the Dutch frontier, where the luggage had to be +examined.</p> + +<p class="normal">The two travellers answered to the call. The steamer was already +nearing the shore by the landing stage of the village of which the +custom-house seemed the only inhabitable building. The Dutch Customs +officers in their curious uniforms came on deck.</p> + +<p class="normal">The were speedily finished with the luggage of the two lawyers, as also +with that of the few other passengers. On the other hand four mighty +trunks, which the Captain had with him, gave them much trouble. They +were full throughout of things liable to duty: new clothes, linen, lace +and articles of luxury. They required troublesome measuring, weighing +and calculation. Half an hour had passed, and scarcely the half had +been gone through.</p> + +<p class="normal">"We shall miss the train at Arnhem," said Berger turning impatiently to +the Captain. "We must be in London to-morrow, you are responsible for +the delay."</p> + +<p class="normal">"I shall make up the time by putting on steam," he reassuringly said in +his broad Cologne dialect. "Excuse me, Sir, but I did not imagine that +women's finery would take up so much time."</p> + +<p class="normal">"You are getting a trousseau for a daughter, I suppose."</p> + +<p class="normal">"God forbid! Thank Heaven, I am unmarried. I have, out of pure +goodnature, brought these things for someone else from Cologne and +undertaken to pay the duty for him. It is the most convenient thing to +him, though certainly not to me. But what would one not do for a +compatriot. He is a Herr von Tessenau."</p> + +<p class="normal">"Tessenau?" The name seemed familiar to Berger, but he could not +remember where he had heard or read it.</p> + +<p class="normal">"Yes, that is his name," said the captain. "He comes from Bavaria, and +is said to have been in the diplomatic service. He is now living with +his daughter at Oosterdaal House near Huissen, the station before +Arnhem. I know both of them well, they sometimes use my boat for the +journey to Arnhem, and as they are such nice people, I could not refuse +them this service. The wedding, which is to take place the day after +to-morrow, would otherwise have had to be postponed--ask women and +lovers."</p> + +<p class="normal">"So Fräulein von Tessenau is the happy bride?"</p> + +<p class="normal">"The daughter of the old gentleman, yes--but she is a 'Frau,' a young +widow. Her name is von Tessenau, because she was married to a cousin. +It seems that she lost her husband after a brief married life, for she +is still very young, scarcely twenty-two. A beautiful, gentle lady and +still looks quite girlish. But I must hurry up these easy-going +Mynheers."</p> + +<p class="normal">He turned to the Customs officers and paid them the required duty. They +left the steamer which now began to proceed at a much greater speed.</p> + +<p class="normal">Notwithstanding this, Moldenhauer was pacing up and down excitedly, now +and then consulting timetables and pulling out his watch every five +minutes. It was another cause that robbed Berger of calm. "If it should +be they?" The thought returned to him however often he might say: +"Nonsense! an old father and a young daughter--the conjunction is +common enough--and I know nothing else about them. That I must often +have heard the name Tessenau tells rather against the supposition--for +Sendlingen would hardly have chosen the name of some Austrian family +for his pseudonym!"</p> + +<p class="normal">Still his indefinite presentiment gave him no rest, and he at length +went up to the captain! "I once," he began, "knew a family of von +Tessenau, and would be very pleased if I were perhaps unexpectedly to +come across them here. The old gentleman, you say, comes from Bavaria?"</p> + +<p class="normal">"Yes, you must certainly be a countryman of his?"</p> + +<p class="normal">"No. I am an Austrian."</p> + +<p class="normal">"Then the two dialects must be very much alike for you speak just like +him. That he comes from Bavaria I know for certain. Herr Willem van der +Weyden told me so quite recently, and he must surely know, as he is to +become his son-in-law."</p> + +<p class="normal">"Who is the bridegroom?"</p> + +<p class="normal">"A capital fellow," replied the captain. "A man of magnificent +build--no longer young, somewhere in the forties I should say, but +stately, brave and capable--all who know him, praise him. He holds a +high position in Batavia, he is manager of the Java Mines. Some ten +months ago he came back to Europe, after a long absence, on a year's +furlough: to find a wife, people say. None seemed to please him +however. Then he came to Arnhem where his brother is settled, and in an +excursion in the country about, he accidentally got to know the young +Frau von Tessenau at Oosterdaal House, and fell in love with her. There +seemed at first to be great obstacles in the way; at all events he was +always very melancholy when he rode on my boat from Arnhem to Huissen. +Well one day he was very happy, the betrothal was solemnized, and now +the wedding is to come off. Yes," added the Captain pleasantly, "when +one is everlastingly taking the same journey, one gets to know people +by degrees and kills time by sharing their joys and sorrows."</p> + +<p class="normal">"And is Herr van der Weyden going back to Java again?"</p> + +<p class="normal">"Yes, in a month from now, when his furlough will be up. He is +naturally going to take his young wife with him, and the old gentleman +is going to join them too. He has no other relations. The father and +daughter lived hitherto in great retirement with an old house-keeper +and an equally old man-servant. But if you are interested in the +family, come and look over when we get to Huissen. The old man-servant +at least, will be at the landing-stage to receive the trunks, and +perhaps Herr von Tessenau himself."</p> + +<p class="normal">"Do you know what the man-servant is called?" Berger's voice trembled +at this question.</p> + +<p class="normal">"Franz is his name."</p> + +<p class="normal">The captain did not notice how pale Berger had become, how hastily he +turned away. "No more room for doubt," he thought. But the doubt did +rise again. That some details agreed, might only be a coincidence, and +the name of the man-servant--such a common name--was not sufficient +proof. Besides how much was against the supposition! It was +inconceivable that Sendlingen should have deceived his future +son-in-law and passed off Victorine as a widow! "It would be outrageous +to impute such a thing to him!" he thought.</p> + +<p class="normal">With growing impatience, he looked out for the landing-stage, the +steamboat had long since left the river and was steaming along the +narrow Pannerden Canal. The monotonous, fruitful, thoroughly Dutch +landscape extended far and wide; rich meadows on which cattle were +pasturing; narrow canals, on which heavily laden boats drawn by horses +on the banks, slowly made their way; on the horizon a few windmills +lazily turned by their large sails. At length a few large, villa-like +buildings came in sight.</p> + +<p class="normal">"That is Huissen," said the Captain. "We will see who is at the +landing-stage." He produced a telescope. "Right, there is the +man-servant," he said, handing Berger the telescope. "See if you know +the man."</p> + +<p class="normal">Berger only held the glass to his eye for a second and then handed it +back to the Captain.</p> + +<p class="normal">"No," he said, "I don't know him, it must be another family of von +Tessenau."</p> + +<p class="normal">He went down to the cabin and stayed there, till the boat had got well +beyond the landing-stage.</p> + +<p class="normal">It had been Franz.</p> + +<p class="normal">Berger had to stay in London a week before his task was done. He left +the completion of the agreement to his colleague, and began his journey +home. At first he intended to go by Dover and Calais. But at the +station in London he was overcome by his feelings; he could not let his +friend depart forever without seeing him again. He went back by +Holland, and the next day was in Arnhem.</p> + +<p class="normal">Not until he was in the carriage which he had hired to take him to +Oosterdaal, was he visited by scruples, the same sort of feeling which +a week before had kept him from remaining on the deck of the steamer. +Was it not indelicate and selfish to gratify his own longing at the +price of deeply and painfully stirring up his friend's heart? +Sendlingen did not wish to see him again, otherwise he would have +written and told him of his whereabouts. And what would he not feel if +he was so suddenly reminded of the fatality of his life, if his wounds +were suddenly torn open again just as they were beginning to heal? And +when Berger thought of Victorine, he altogether lost courage to +continue the journey. Unfriendly,--nay it would be cruel, inhuman, to +remind the newly-married girl of the misery of the past, and to plunge +her in fatal embarrassment.</p> + +<p class="normal">The roof of the house was already visible in the distance above the +tops of the trees, when these reflections overmastered Berger. "Stop, +back to Arnhem!" he ordered the driver.</p> + +<p class="normal">But that could not be done at once; the horses would have to be fed +first, explained the driver. The carriage proceeded still nearer the +house, and stopped at a little friendly-looking inn opposite the +entrance to the avenue of poplars which led up to the door. While the +driver drove into the yard, the landlady suggested to Berger to take +the refreshment he had ordered in front of the house. This, however, he +declined and entered the inn-parlour. His remorse increased every +minute, and he feared to be seen, if by chance one of the occupants of +the house went by.</p> + +<p class="normal">Sighing deeply, he looked out of the window at the driver leisurely +unharnessing his horses. The landlady, a young, plump, little woman, +tried to console him by telling him he would not have to wait more than +an hour. She spoke in broken German; she had been maid to the young +German lady up at the house, she said, and had learnt the language +there. They were kind, good people at Oosterdaal, the driver had told +her that the gentleman was going to have driven there, why had he given +up the idea? They would certainly be very glad to see a countryman +again, even if he were only a slight acquaintance. No German had ever +come to see them, not even at the wedding. The festivities had +altogether been very quiet, but very nice. Had the gentry no relations +in Germany then?</p> + +<p class="normal">"How can I tell you," replied Berger impatiently. "I don't know them."</p> + +<p class="normal">"Indeed?" she asked astonished. "Then I suppose you have come to buy the +house?" Several people had been with that intention, she added, but +Herr von Tessenau had already made it over to his son-in-law, and he to +his brother, Herr Jan van der Weyden. In a fortnight they were all +going to Batavia. The Housekeeper, Fräulein Brigitta, too, and the old +German man-servant. "But won't you go up to the house after all?" she +asked again. Before he could answer, however, she cried out: "There +they come!" and flew to the window.</p> + +<p class="normal">A carriage went by at a leisurely trot. "Do come here," cried the +landlady. Berger had retired deeper into the room, but he could still +plainly see his friend. Sendlingen was looking fresher and stronger +than when he saw him last; but his hair had the silver-white hue of old +age, although he could hardly have reached the middle of the fifties. +But in the young, blooming, happy woman at his side, Berger would +scarcely have recognized his once unfortunate client, if he had met her +under other circumstances. She was just laughingly bending forward +and straightening the tie of her husband opposite her. The stately, +fair-haired man smilingly submitted to the operation.</p> + +<p class="normal">"How happy they are!" cried the landlady. "But they deserve it. Why the +carriage is stopping," she cried, bending out of the window. "What an +honour, they are going to come in."</p> + +<p class="normal">Berger turned pale. But in the next instant he breathed again: the +carriage drove on. "Oh, no!" cried the landlady, "only Franz has got +down! Good day!" she cried to the old man as he went by. "A glass of +wine!"</p> + +<p class="normal">"No," answered Franz. "I am only to tell you to come up to the house. +But for the matter of that as I <i>am</i> here----"</p> + +<p class="normal">Then Berger heard his footsteps approaching on the floor outside; the +door was opened. "Well, a glass of----" he began, but the words died on +his lips. Pale as death, he started back and stared at Berger as if he +had seen a ghost.</p> + +<p class="normal">"It is I, Franz," said Berger, himself very pale. "Don't be afraid--I +only want----"</p> + +<p class="normal">"You have come to warn us?" he exclaimed, trembling all over as he +approached Berger. "It is all discovered, is it not?"</p> + +<p class="normal">"No!" replied Berger. "Why, what is there to discover?"</p> + +<p class="normal">He made a sign to draw Franz's attention to the landlady, who was +inquisitively drinking in the scene.</p> + +<p class="normal">"I am glad to see you," he said meaningly. "I am going to continue my +journey at once."</p> + +<p class="normal">"Excuse me, Marie," said Franz, turning to her, "but I have something +to say to this gentleman. He is an old acquaintance."</p> + +<p class="normal">"After all!" she cried, and left the room shaking her head.</p> + +<p class="normal">"She will listen," whispered Berger. "Come here, Franz, and sit beside +me."</p> + +<p class="normal">"Oh, how terrified I am," he replied in the same whisper. "So people +suspect nothing? It would have been frightful if misfortune had come +now, now, when everything is going so well. Certainly my fears were +foolish; how should it be found out? We had arranged everything with +such care: even the duplicate keys were not made at Bolosch, but at +Dresden, where Brigitta was waiting for us."</p> + +<p class="normal">"Enough!" said Berger, checking him. "I don't wish to know anything +about it. How has Baron Sendlingen been since?"</p> + +<p class="normal">"Bad enough at first!" replied Franz. "We did not eat, nor sleep, and +we fell into a worse decline than at Bolosch--but it was perhaps less +from the fear of discovery than from remorse. And yet we had only done, +what had to be done--isn't that so, Dr. Berger?"</p> + +<p class="normal">Berger looked on the ground and was silent. Old Franz sighed deeply. +"If even you--" he began, but he interrupted himself and continued his +story. "Gradually we became calmer again. Fear vanished though remorse +remained, but for this too there was a salve in seeing how the poor +child blossomed again. Then we began to write a book. It deals with the +punishment of--h'm. Dr. Berger----"</p> + +<p class="normal">"I know the work," said Berger.</p> + +<p class="normal">"Indeed? We did not put our name to it. Well, while we were working at +the book, we forgot our own sorrow, and later on, after the work had +appeared and all the newspapers were saying that it would have great +influence, there were moments when we seemed happy again. Then came +this business with the Dutchman, and we got as sad and despairing as +ever. But we took courage and told the man everything; our real name, +and that we were only called von Tessenau here----"</p> + +<p class="normal">"How did he come by this name?" asked Berger. "It sounds so familiar to +me."</p> + +<p class="normal">"Probably because it is one of the many titles of the family. Tessenau +was the name of an estate in Carinthia, which once belonged to the +family. We were obliged to choose this name, because on settling here +it was necessary to prove our identity to the police. Well, we +confessed this to Herr Willem and also what the young lady's plight +was----"</p> + +<p class="normal">Berger gave a sigh of relief.</p> + +<p class="normal">"We said to him: she is not called von Tessenau because she was married +to a cousin, but because we adopted the name here with the proper +formalities. She was never married, she was betrayed by a scoundrel. +That we said no more, nothing of the deed that brought her to prison, +nothing of the way she was released--that, Dr. Berger, is surely +excusable."</p> + +<p class="normal">"Of course!" assented Berger. "And Herr van der Weyden?"</p> + +<p class="normal">"Acted bravely and magnanimously, because he is a brave and magnanimous +man, God bless him! He made her happy, her and himself. And now at +length we got peace of heart once more. We are going to Batavia. May it +continue as heretofore!"</p> + +<p class="normal">"Amen!" said Berger deeply moved. "Farewell, Franz."</p> + +<p class="normal">"You are not going up to the house?"</p> + +<p class="normal">"No. Don't tell him of my visit till you are on the sea. And say to him +that I will always think of him with love and respect. With <i>respect</i>, +Franz, do not forget that!"</p> + +<p class="normal">He shook hands with the old servant, got into his carriage, and drove +back to Arnhem.</p> +<br> +<br> +<br> +<br> +<h2>CHAPTER XV.</h2> + +<p class="normal">Three weeks later, on a glowing hot August day, the Austrian Minister +of Justice sat in his office, conferring with one of his subordinates, +when an attendant brought him a card; the gentleman, he said, was +waiting in the ante-room and would not be denied admittance.</p> + +<p class="normal">"Sendlingen!" read the Minister. "This is a surprise; it has not been +known for years whether he was alive or dead. Excuse me," he said to +his companion, "but I cannot very well keep him waiting."</p> + +<p class="normal">The official departed, Sendlingen was shown in. He was very pale; the +expression of his features was gloomy, but resolved.</p> + +<p class="normal">The Minister rose and offered his hand with the friendliest smile. +"Welcome to Vienna," he cried. "I hope that you are completely +recovered, and are coming to me to offer your services to the State +once more."</p> + +<p class="normal">"No, your Excellency," replied Sendlingen. "Forgive me, if I cannot +take your hand. I will spare you having to regret it in the next +instant. For I do not come to offer you my services as Judge, but to +deliver myself into the hands of Justice. I am a criminal and desire to +undergo the punishment due to me."</p> + +<p class="normal">The Minister turned pale and drew back: "The man is mad," he thought. +The thought must have been legible in his face, for Sendlingen +continued:</p> + +<p class="normal">"Do not be afraid, I am in my senses. I have indeed abused my office in +a fashion so monstrous, that perhaps nothing like it has ever happened +before. I released from prison, by means of official keys, a condemned +woman, who was to have been executed the next day, and suggested, +furthered, and carried out her flight to a foreign country. Her name +was Victorine Lippert: the crime was done on the night of 21-22 +February, 1853."</p> + +<p class="normal">"I remember the case," muttered the Minister. "She escaped in the most +mysterious way. But you! Why should you have done this?"</p> + +<p class="normal">"A father saved his child: Victorine is my natural daughter."</p> + +<p class="normal">The Minister wiped the sweat from his forehead. "This is a frightful +business." He once more searchingly looked at his uncomfortable +visitor. "He certainly seems to be in his senses," he thought.</p> + +<p class="normal">"Allow me to tell you how every thing came about?"</p> + +<p class="normal">The Minister nodded and pointed to a chair.</p> + +<p class="normal">Sendlingen remained standing. He began to narrate. Clearly and quietly, +in a hollow, monotonous voice, he told of his relations with Herminie +Lippert, then how he had made the discovery in the lists of the +Criminal Court, and of his struggles whether he should preside at the +trial or not.</p> + +<p class="normal">"I had the strength to refuse," he continued. "My sense of duty +conquered. Sentence of death was pronounced. It was--and perhaps you +will believe me although you hear it at such a moment, from such a +man--it was a judicial murder, such as could have been decreed by a +Court of Justice alone. And therefore my first thought was: against +this wrong, wrong alone can help. I sought out the prison keys, and for +some hours was firmly resolved to release my daughter. But then my +sense of duty--perhaps more strictly speaking my egoism--conquered. For +I said to myself that I, constituted as I was, could not commit this +crime without some day making atonement for it. I knew quite well even +then, that an hour would come in my life, like the present, and I could +not find it in my heart to end as a criminal. But my conscience cried: +'Then your child will die!' and so suicide seemed to me the only thing +left. I was resolved to kill myself; whether I could not bring myself +to it at the last moment, whether a chance saved me--I do not know: +there is a veil cast over that hour that I have never since been able +to pierce. I survived, I saw my daughter, and recovered my clearness of +mind; the voice of nature had conquered. I now knew that it was highly +probable that there was no means that could save us both, that the +question was whether I should perish, or she, and I no longer doubted +that it must be I. I was resolved to liberate her, and then to expiate +my crime; but until extreme necessity compelled, I wanted to act +according to law and justice. That I did so, my conduct proves when the +Supreme Court ordered a fresh examination of the chief witness. +Everything depended upon that; I made over this inquiry also to +another--who assuredly did not bring the truth to light. The Supreme +Court confirmed the sentence of death; it was pronounced upon me, not +upon my child; that extreme necessity had now arrived, I now knew that +I must become a criminal, and only waited for the result of the +Counsel's petition for pardon, because the preparations for the act +required time, and because I first wanted to save some men unjustly +accused of political offences."</p> + +<p class="normal">"I remember, the workmen," said the Minister. He still seemed dazed, it +cost him an effort to follow the unhappy man's train of thought. "One +thing only I do not understand," he slowly said, passing his hand over +his forehead. "Why did you not discover yourself to me, or why did you +not appeal to the Emperor for pardon?"</p> + +<p class="normal">"For two reasons," replied Sendlingen. "I have all my life striven to +execute Justice without respect of persons. It was ever a tormenting +thought to me that the Aristocrat, the Plutocrat, often receives where +the law alone should decide, favours that would never fall to the lot +of the poor and humble. And therefore it was painful to me to lay claim +to such a favour for myself."</p> + +<p class="normal">"You are indeed a man of rare sense of justice," cried the Minister. +"And that such a fate should have, befallen you....."</p> + +<p class="normal">He paused.</p> + +<p class="normal">"Is tragic indeed," supplemented Sendlingen, his lips trembling. +"Certainly it is---- But I will not make, myself out better than I am; +there was another reason why I hesitated to appeal to the Emperor. What +would have been the result, your Excellency? Commutation to penal +servitude for life, or for twenty years. The mere announcement of this +punishment would have so profoundly affected this weakly, broken-down +girl, that she would scarcely have survived it, and if she had--a +complete pardon could not have been attained for ten, for eight, in the +most favourable case for five years, and she would not have lived to +see it. I was persuaded of that, quite firmly persuaded, still," his +voice became lower, "I too was only a human being. When I received the +confirmation of the death-sentence by the Emperor, cowardice and +selfishness got the better of me, I journeyed to Vienna--it was the +18th February."</p> + +<p class="normal">"The date of the attempt!" cried the Minister. "What a frightful +coincidence! Thus does fate sport with the children of men."</p> + +<p class="normal">"So I thought at first!" replied Sendlingen. "But then I saw that that +coincidence had not decided my fate: it was sealed from the first. By +my whole character and by all that had happened. In this sense there is +a Fate, in this sense what happens in the world <i>must</i> happen, and my +fate is only a proof of what takes place in millions of cases. I +returned to Bolosch and liberated my daughter. How I succeeded, I am +prepared to tell my Judges so far as my own share in the act is +concerned. I had no accomplice among the prison officials. Your +Excellency will believe me, although I can only call to witness my own +word, the word of honour of a criminal!"</p> + +<p class="normal">"I believe you," said the Minister. "You took the girl abroad?"</p> + +<p class="normal">"Yes, and sought to make good my neglect. Fate was gracious to me, my +daughter is cared for. And I may now do that which I was from the first +resolved to do, although I did not know when the day would be +vouchsafed me to dare it--I may present myself to you, the supreme +guardian of Justice in this land, and say: 'Deliver me to my Judges!'"</p> + +<p class="normal">Sendlingen was silent; the Minister, too, at first could find no words. +White as a ghost, he paced up and down the room. "But there can be no +question of such a thing!" he cried at length. "For thousands of +reasons! We are not barbarians!"</p> + +<p class="normal">"It can be and must be! I claim my right!"</p> + +<p class="normal">"But just consider!" cried the Minister, wringing his hands. "It would +be the most fearful blow that the dignity of Justice could receive. A +former Chief-Justice as a criminal in the dock! A man like you! Besides +you deserve no punishment! When I consider what you have suffered, how +all this has come about--good God, I should be a monster if I were not +moved, if I did not say: if this man were perhaps really a criminal, he +has already atoned for it a thousand times over."</p> + +<p class="normal">"Then you refuse me justice?"</p> + +<p class="normal">"It would be injustice! Go in peace, my Lord, and return to your +daughter."</p> + +<p class="normal">"I cannot. I could not endure the pangs of my conscience! If you refuse +to punish me, I shall openly accuse myself!"</p> + +<p class="normal">"Great Heavens! this only was wanting!" The Minister drew nearer to +him. "I beseech you, let these things rest in peace! Do not bring upon +that office of which you were so long an ornament, the worst blemish +that could befal it. And your act would have still worse consequences: +it would undermine the authority of the State. Consider the times in +which we live--the Revolution is smouldering under its ashes."</p> + +<p class="normal">"I cannot help it, your Excellency. Do your duty voluntarily, and do +not oblige me to compel you to it."</p> + +<p class="normal">The Minister looked at him: in his face there was the quiet of +immovable resolve. "A fanatic," he thought, "what shall I do with him?" +He walked about the room in a state of irresolution.</p> + +<p class="normal">"My Lord," he then began, "you would oblige the State to take defensive +measures. Accuse yourself openly by a pamphlet published abroad, and I +would give out that you were mad. I should be believed, you need not +doubt."</p> + +<p class="normal">"I do doubt it," replied Sendlingen. "I should take care that there was +no room left for any question as to my sanity. Once more, and for the +last time, I ask your Excellency, to what Court am I to surrender +myself?"</p> + +<p class="normal">Again the Minister for a long while paced helplessly up and down. At +length a saving thought seemed to occur to him.</p> + +<p class="normal">"Be it so," he said. "Do what you cannot help doing; we, on the other +hand, will do what our duty commands. You naturally want to conceal +where your daughter is now living?"</p> + +<p class="normal">Sendlingen turned still paler and made no reply.</p> + +<p class="normal">"But we shall endeavor to find out, even if it should cost thousands, +and if we should have to employ all the police in the world. We shall +find your daughter and demand her extradition. There is no state that +would refuse to deliver a legally condemned murderess! You must decide, +my Lord, whether this is to happen."</p> + +<p class="normal">Sendlingen's face had grown deadly pale--a fit of shuddering shook his +limbs. There was a long silence in the room, it endured perhaps five +minutes. At length Sendlingen muttered:</p> + +<p class="normal">"I submit to your Excellency's will. May God forgive you what you have +just done to me."</p> + +<p class="normal">The Minister gave a sigh of relief. "I will take that on my +conscience," he said. "I restore the father to his child. Farewell, my +Lord."</p> + +<p class="normal">Sendlingen did not take the proffered hand, he bowed silently and +departed.</p> + +<p class="center" style="letter-spacing:20px">* * * * * * * * * *</p> + +<p class="normal">Two days later Dr. George Berger received a letter of Sendlingen's, +dated from Trieste. It briefly informed his friend of the purport of +his interview with the Minister of Justice, and concluded as follows:</p> +<br> + +<p class="normal">"It is denied me to expiate my crime: it is impossible to me, a +criminal, to go unpunished through life; so I am going to meet death. +When you read this, all will be over. Break the news to my daughter, +who has already set out on her journey, as gently as possible; hide the +truth from her, I shall help you by the manner in which I am doing the +deed. And do not forget Franz, he is waiting for me at Cologne; I was +only able to get quit of him under a pretext.</p> + +<p class="normal">"Farewell, thou good and faithful friend, and do not condemn me. You +once said to me: there must be a solution of these complications, a +liberating solution. I do not know if there was any other, any better +than that which has come to pass. For see, my child has received her +just due, and so too has Justice: with a higher price than that of his +life, nobody can atone for a crime. And I--I have seen my child's +happiness, I have honourably paid all my debts, and now I shall find +peace forever--I too have received my due!... And now I may hope for +your respect again!</p> + +<p style="text-indent:5%">"Farewell! and thanks a thousand times!</p> + +<p class="right">"<span class="sc">Victor.</span>"</p> + +<p class="normal">Berger, deeply moved, had just finished reading this letter, when his +clerk entered with the morning paper in his hand.</p> + +<p class="normal">"Have you read this, Sir?" he asked. "Baron Sendlingen----"</p> + +<p class="normal">He laid the paper before his chief and this was what was in it:</p> + +<p class="normal">"A telegram from Vienna brings us the sad news that Baron von +Sendlingen, the retired Chief Justice and one of the most highly +esteemed men in Austria, fell overboard while proceeding by the Lloyd +steamer last night from Trieste to Venice. He was on deck late in the +evening and has not been seen since; very likely, while leaning too far +over the bulwarks, a sudden giddiness may have seized him so that he +fell into the sea and disappeared. The idea of suicide cannot for +personal reasons be entertained for a moment; the last person he spoke +to, the captain of the steamer, testifies to the cheerful demeanour of +the deceased. He leaves no family, but everyone who knew him will mourn +him.</p> + +<p class="normal">"All honour to his memory!"</p> + +<p class="normal">"All honour to his memory!" muttered Berger, burying his face in his +hands.</p> +<br> +<br> +<br> +<h3>THE END.</h3> +<br> +<br> +<br> +<br> + + + + + + + + + +<pre> + + + + + +End of the Project Gutenberg EBook of The Chief Justice, by Karl Emil Franzos + +*** END OF THIS PROJECT GUTENBERG EBOOK THE CHIEF JUSTICE *** + +***** This file should be named 36854-h.htm or 36854-h.zip ***** +This and all associated files of various formats will be found in: + https://www.gutenberg.org/3/6/8/5/36854/ + +Produced by Charles Bowen, from page scans provided by the Web Archive + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. Special rules, +set forth in the General Terms of Use part of this license, apply to +copying and distributing Project Gutenberg-tm electronic works to +protect the PROJECT GUTENBERG-tm concept and trademark. Project +Gutenberg is a registered trademark, and may not be used if you +charge for the eBooks, unless you receive specific permission. If you +do not charge anything for copies of this eBook, complying with the +rules is very easy. You may use this eBook for nearly any purpose +such as creation of derivative works, reports, performances and +research. They may be modified and printed and given away--you may do +practically ANYTHING with public domain eBooks. Redistribution is +subject to the trademark license, especially commercial +redistribution. + + + +*** START: FULL LICENSE *** + +THE FULL PROJECT GUTENBERG LICENSE +PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK + +To protect the Project Gutenberg-tm mission of promoting the free +distribution of electronic works, by using or distributing this work +(or any other work associated in any way with the phrase "Project +Gutenberg"), you agree to comply with all the terms of the Full Project +Gutenberg-tm License (available with this file or online at +https://gutenberg.org/license). + + +Section 1. General Terms of Use and Redistributing Project Gutenberg-tm +electronic works + +1.A. By reading or using any part of this Project Gutenberg-tm +electronic work, you indicate that you have read, understand, agree to +and accept all the terms of this license and intellectual property +(trademark/copyright) agreement. If you do not agree to abide by all +the terms of this agreement, you must cease using and return or destroy +all copies of Project Gutenberg-tm electronic works in your possession. +If you paid a fee for obtaining a copy of or access to a Project +Gutenberg-tm electronic work and you do not agree to be bound by the +terms of this agreement, you may obtain a refund from the person or +entity to whom you paid the fee as set forth in paragraph 1.E.8. + +1.B. "Project Gutenberg" is a registered trademark. It may only be +used on or associated in any way with an electronic work by people who +agree to be bound by the terms of this agreement. There are a few +things that you can do with most Project Gutenberg-tm electronic works +even without complying with the full terms of this agreement. See +paragraph 1.C below. There are a lot of things you can do with Project +Gutenberg-tm electronic works if you follow the terms of this agreement +and help preserve free future access to Project Gutenberg-tm electronic +works. See paragraph 1.E below. + +1.C. The Project Gutenberg Literary Archive Foundation ("the Foundation" +or PGLAF), owns a compilation copyright in the collection of Project +Gutenberg-tm electronic works. Nearly all the individual works in the +collection are in the public domain in the United States. If an +individual work is in the public domain in the United States and you are +located in the United States, we do not claim a right to prevent you from +copying, distributing, performing, displaying or creating derivative +works based on the work as long as all references to Project Gutenberg +are removed. Of course, we hope that you will support the Project +Gutenberg-tm mission of promoting free access to electronic works by +freely sharing Project Gutenberg-tm works in compliance with the terms of +this agreement for keeping the Project Gutenberg-tm name associated with +the work. You can easily comply with the terms of this agreement by +keeping this work in the same format with its attached full Project +Gutenberg-tm License when you share it without charge with others. + +1.D. The copyright laws of the place where you are located also govern +what you can do with this work. Copyright laws in most countries are in +a constant state of change. If you are outside the United States, check +the laws of your country in addition to the terms of this agreement +before downloading, copying, displaying, performing, distributing or +creating derivative works based on this work or any other Project +Gutenberg-tm work. The Foundation makes no representations concerning +the copyright status of any work in any country outside the United +States. + +1.E. Unless you have removed all references to Project Gutenberg: + +1.E.1. The following sentence, with active links to, or other immediate +access to, the full Project Gutenberg-tm License must appear prominently +whenever any copy of a Project Gutenberg-tm work (any work on which the +phrase "Project Gutenberg" appears, or with which the phrase "Project +Gutenberg" is associated) is accessed, displayed, performed, viewed, +copied or distributed: + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + +1.E.2. If an individual Project Gutenberg-tm electronic work is derived +from the public domain (does not contain a notice indicating that it is +posted with permission of the copyright holder), the work can be copied +and distributed to anyone in the United States without paying any fees +or charges. If you are redistributing or providing access to a work +with the phrase "Project Gutenberg" associated with or appearing on the +work, you must comply either with the requirements of paragraphs 1.E.1 +through 1.E.7 or obtain permission for the use of the work and the +Project Gutenberg-tm trademark as set forth in paragraphs 1.E.8 or +1.E.9. + +1.E.3. If an individual Project Gutenberg-tm electronic work is posted +with the permission of the copyright holder, your use and distribution +must comply with both paragraphs 1.E.1 through 1.E.7 and any additional +terms imposed by the copyright holder. Additional terms will be linked +to the Project Gutenberg-tm License for all works posted with the +permission of the copyright holder found at the beginning of this work. + +1.E.4. Do not unlink or detach or remove the full Project Gutenberg-tm +License terms from this work, or any files containing a part of this +work or any other work associated with Project Gutenberg-tm. + +1.E.5. Do not copy, display, perform, distribute or redistribute this +electronic work, or any part of this electronic work, without +prominently displaying the sentence set forth in paragraph 1.E.1 with +active links or immediate access to the full terms of the Project +Gutenberg-tm License. + +1.E.6. You may convert to and distribute this work in any binary, +compressed, marked up, nonproprietary or proprietary form, including any +word processing or hypertext form. However, if you provide access to or +distribute copies of a Project Gutenberg-tm work in a format other than +"Plain Vanilla ASCII" or other format used in the official version +posted on the official Project Gutenberg-tm web site (www.gutenberg.org), +you must, at no additional cost, fee or expense to the user, provide a +copy, a means of exporting a copy, or a means of obtaining a copy upon +request, of the work in its original "Plain Vanilla ASCII" or other +form. Any alternate format must include the full Project Gutenberg-tm +License as specified in paragraph 1.E.1. + +1.E.7. Do not charge a fee for access to, viewing, displaying, +performing, copying or distributing any Project Gutenberg-tm works +unless you comply with paragraph 1.E.8 or 1.E.9. + +1.E.8. You may charge a reasonable fee for copies of or providing +access to or distributing Project Gutenberg-tm electronic works provided +that + +- You pay a royalty fee of 20% of the gross profits you derive from + the use of Project Gutenberg-tm works calculated using the method + you already use to calculate your applicable taxes. The fee is + owed to the owner of the Project Gutenberg-tm trademark, but he + has agreed to donate royalties under this paragraph to the + Project Gutenberg Literary Archive Foundation. Royalty payments + must be paid within 60 days following each date on which you + prepare (or are legally required to prepare) your periodic tax + returns. Royalty payments should be clearly marked as such and + sent to the Project Gutenberg Literary Archive Foundation at the + address specified in Section 4, "Information about donations to + the Project Gutenberg Literary Archive Foundation." + +- You provide a full refund of any money paid by a user who notifies + you in writing (or by e-mail) within 30 days of receipt that s/he + does not agree to the terms of the full Project Gutenberg-tm + License. You must require such a user to return or + destroy all copies of the works possessed in a physical medium + and discontinue all use of and all access to other copies of + Project Gutenberg-tm works. + +- You provide, in accordance with paragraph 1.F.3, a full refund of any + money paid for a work or a replacement copy, if a defect in the + electronic work is discovered and reported to you within 90 days + of receipt of the work. + +- You comply with all other terms of this agreement for free + distribution of Project Gutenberg-tm works. + +1.E.9. If you wish to charge a fee or distribute a Project Gutenberg-tm +electronic work or group of works on different terms than are set +forth in this agreement, you must obtain permission in writing from +both the Project Gutenberg Literary Archive Foundation and Michael +Hart, the owner of the Project Gutenberg-tm trademark. Contact the +Foundation as set forth in Section 3 below. + +1.F. + +1.F.1. Project Gutenberg volunteers and employees expend considerable +effort to identify, do copyright research on, transcribe and proofread +public domain works in creating the Project Gutenberg-tm +collection. Despite these efforts, Project Gutenberg-tm electronic +works, and the medium on which they may be stored, may contain +"Defects," such as, but not limited to, incomplete, inaccurate or +corrupt data, transcription errors, a copyright or other intellectual +property infringement, a defective or damaged disk or other medium, a +computer virus, or computer codes that damage or cannot be read by +your equipment. + +1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the "Right +of Replacement or Refund" described in paragraph 1.F.3, the Project +Gutenberg Literary Archive Foundation, the owner of the Project +Gutenberg-tm trademark, and any other party distributing a Project +Gutenberg-tm electronic work under this agreement, disclaim all +liability to you for damages, costs and expenses, including legal +fees. YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT +LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE +PROVIDED IN PARAGRAPH 1.F.3. YOU AGREE THAT THE FOUNDATION, THE +TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE +LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR +INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH +DAMAGE. + +1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a +defect in this electronic work within 90 days of receiving it, you can +receive a refund of the money (if any) you paid for it by sending a +written explanation to the person you received the work from. If you +received the work on a physical medium, you must return the medium with +your written explanation. The person or entity that provided you with +the defective work may elect to provide a replacement copy in lieu of a +refund. If you received the work electronically, the person or entity +providing it to you may choose to give you a second opportunity to +receive the work electronically in lieu of a refund. If the second copy +is also defective, you may demand a refund in writing without further +opportunities to fix the problem. + +1.F.4. Except for the limited right of replacement or refund set forth +in paragraph 1.F.3, this work is provided to you 'AS-IS' WITH NO OTHER +WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO +WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR ANY PURPOSE. + +1.F.5. Some states do not allow disclaimers of certain implied +warranties or the exclusion or limitation of certain types of damages. +If any disclaimer or limitation set forth in this agreement violates the +law of the state applicable to this agreement, the agreement shall be +interpreted to make the maximum disclaimer or limitation permitted by +the applicable state law. The invalidity or unenforceability of any +provision of this agreement shall not void the remaining provisions. + +1.F.6. INDEMNITY - You agree to indemnify and hold the Foundation, the +trademark owner, any agent or employee of the Foundation, anyone +providing copies of Project Gutenberg-tm electronic works in accordance +with this agreement, and any volunteers associated with the production, +promotion and distribution of Project Gutenberg-tm electronic works, +harmless from all liability, costs and expenses, including legal fees, +that arise directly or indirectly from any of the following which you do +or cause to occur: (a) distribution of this or any Project Gutenberg-tm +work, (b) alteration, modification, or additions or deletions to any +Project Gutenberg-tm work, and (c) any Defect you cause. + + +Section 2. Information about the Mission of Project Gutenberg-tm + +Project Gutenberg-tm is synonymous with the free distribution of +electronic works in formats readable by the widest variety of computers +including obsolete, old, middle-aged and new computers. It exists +because of the efforts of hundreds of volunteers and donations from +people in all walks of life. + +Volunteers and financial support to provide volunteers with the +assistance they need are critical to reaching Project Gutenberg-tm's +goals and ensuring that the Project Gutenberg-tm collection will +remain freely available for generations to come. In 2001, the Project +Gutenberg Literary Archive Foundation was created to provide a secure +and permanent future for Project Gutenberg-tm and future generations. +To learn more about the Project Gutenberg Literary Archive Foundation +and how your efforts and donations can help, see Sections 3 and 4 +and the Foundation web page at https://www.pglaf.org. + + +Section 3. Information about the Project Gutenberg Literary Archive +Foundation + +The Project Gutenberg Literary Archive Foundation is a non profit +501(c)(3) educational corporation organized under the laws of the +state of Mississippi and granted tax exempt status by the Internal +Revenue Service. The Foundation's EIN or federal tax identification +number is 64-6221541. Its 501(c)(3) letter is posted at +https://pglaf.org/fundraising. Contributions to the Project Gutenberg +Literary Archive Foundation are tax deductible to the full extent +permitted by U.S. federal laws and your state's laws. + +The Foundation's principal office is located at 4557 Melan Dr. S. +Fairbanks, AK, 99712., but its volunteers and employees are scattered +throughout numerous locations. Its business office is located at +809 North 1500 West, Salt Lake City, UT 84116, (801) 596-1887, email +business@pglaf.org. Email contact links and up to date contact +information can be found at the Foundation's web site and official +page at https://pglaf.org + +For additional contact information: + Dr. Gregory B. Newby + Chief Executive and Director + gbnewby@pglaf.org + + +Section 4. Information about Donations to the Project Gutenberg +Literary Archive Foundation + +Project Gutenberg-tm depends upon and cannot survive without wide +spread public support and donations to carry out its mission of +increasing the number of public domain and licensed works that can be +freely distributed in machine readable form accessible by the widest +array of equipment including outdated equipment. Many small donations +($1 to $5,000) are particularly important to maintaining tax exempt +status with the IRS. + +The Foundation is committed to complying with the laws regulating +charities and charitable donations in all 50 states of the United +States. Compliance requirements are not uniform and it takes a +considerable effort, much paperwork and many fees to meet and keep up +with these requirements. We do not solicit donations in locations +where we have not received written confirmation of compliance. To +SEND DONATIONS or determine the status of compliance for any +particular state visit https://pglaf.org + +While we cannot and do not solicit contributions from states where we +have not met the solicitation requirements, we know of no prohibition +against accepting unsolicited donations from donors in such states who +approach us with offers to donate. + +International donations are gratefully accepted, but we cannot make +any statements concerning tax treatment of donations received from +outside the United States. U.S. laws alone swamp our small staff. + +Please check the Project Gutenberg Web pages for current donation +methods and addresses. Donations are accepted in a number of other +ways including including checks, online payments and credit card +donations. To donate, please visit: https://pglaf.org/donate + + +Section 5. General Information About Project Gutenberg-tm electronic +works. + +Professor Michael S. Hart was the originator of the Project Gutenberg-tm +concept of a library of electronic works that could be freely shared +with anyone. For thirty years, he produced and distributed Project +Gutenberg-tm eBooks with only a loose network of volunteer support. + + +Project Gutenberg-tm eBooks are often created from several printed +editions, all of which are confirmed as Public Domain in the U.S. +unless a copyright notice is included. Thus, we do not necessarily +keep eBooks in compliance with any particular paper edition. + + +Most people start at our Web site which has the main PG search facility: + + https://www.gutenberg.org + +This Web site includes information about Project Gutenberg-tm, +including how to make donations to the Project Gutenberg Literary +Archive Foundation, how to help produce our new eBooks, and how to +subscribe to our email newsletter to hear about new eBooks. + + +</pre> + +</body> +</html> + diff --git a/36854.txt b/36854.txt new file mode 100644 index 0000000..02613a4 --- /dev/null +++ b/36854.txt @@ -0,0 +1,7676 @@ +The Project Gutenberg EBook of The Chief Justice, by Karl Emil Franzos + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: The Chief Justice + A Novel + +Author: Karl Emil Franzos + +Translator: Miles Corbet + +Release Date: July 25, 2011 [EBook #36854] + +Language: English + +Character set encoding: ASCII + +*** START OF THIS PROJECT GUTENBERG EBOOK THE CHIEF JUSTICE *** + + + + +Produced by Charles Bowen, from page scans provided by the Web Archive + + + + + + + +Transcriber's Notes: + 1. Page scan source: + http://www.archive.org/details/chiefjusticenove00franiala + + 2. The diphthong oe is represented by [oe]. + + + + +Heinemann's International Library. + + + + + EDITOR'S NOTE. + + +There is nothing in which the Anglo-Saxon world differs more from the +world of the Continent of Europe than in its fiction. English readers +are accustomed to satisfy their curiosity with English novels, and it +is rarely indeed that we turn aside to learn something of the interior +life of those other countries the exterior scenery of which is often so +familiar to us. We climb the Alps, but are content to know nothing of +the pastoral romances of Switzerland. We steam in and out of the +picturesque fjords of Norway, but never guess what deep speculation +into life and morals is made by the novelists of that sparsely peopled +but richly endowed nation. We stroll across the courts of the Alhambra, +we are listlessly rowed upon Venetian canals and Lombard lakes, we +hasten by night through the roaring factories of Belgium; but we never +pause to inquire whether there is now flourishing a Spanish, an +Italian, a Flemish school of fiction. Of Russian novels we have lately +been taught to become partly aware, but we do not ask ourselves whether +Poland may not possess a Dostoieffsky and Portugal a Tolstoi. + +Yet, as a matter of fact, there is no European country that has +not, within the last half-century, felt the dew of revival on the +threshing-floor of its worn-out schools of romance. Everywhere there +has been shown by young men, endowed with a talent for narrative, a +vigorous determination to devote themselves to a vivid and sympathetic +interpretation of nature and of man. In almost every language, too, +this movement has tended to display itself more and more in the +direction of what is reported and less of what is created. Fancy has +seemed to these young novelists a poorer thing than observation; the +world of dreams fainter than the world of men. They have not been +occupied mainly with what might be or what should be, but with what is, +and, in spite of all their shortcomings, they have combined to produce +a series of pictures of existing society in each of their several +countries such as cannot fail to form an archive of documents +invaluable to futurity. + +But to us they should be still more valuable. To travel in a foreign +country is but to touch its surface. Under the guidance of a novelist +of genius we penetrate to the secrets of a nation, and talk the very +language of its citizens. We may go to Normandy summer after summer and +know less of the manner of life that proceeds under those gnarled +orchards of apple-blossom than we learn from one tale of Guy de +Maupassant's. The present series is intended to be a guide to the inner +geography of Europe. It presents to our readers a series of spiritual +Baedekers and Murrays. It will endeavour to keep pace with every truly +characteristic and vigorous expression of the novelist's art in each of +the principal European countries, presenting what is quite new if it is +also good, side by side with what is old, if it has not hitherto been +presented to our public. That will be selected which gives with most +freshness and variety the different aspects of continental feeling, the +only limits of selection being that a book shall be, on the one hand, +amusing, and, on the other, wholesome. + +One difficulty which must be frankly faced is that of subject. Life is +now treated in fiction by every race but our own with singular candour. +The novelists of the Lutheran North are not more fully emancipated from +prejudice in this respect than the novelists of the Catholic South. +Everywhere in Europe a novel is looked upon now as an impersonal work, +from which the writer, as a mere observer, stands aloof, neither +blaming nor applauding. Continental fiction has learned to exclude, in +the main, from among the subjects of its attention, all but those facts +which are of common experience, and thus the novelists have determined +to disdain nothing and to repudiate nothing which is common to +humanity; much is freely discussed, even in the novels of Holland and +of Denmark, which our race is apt to treat with a much more gingerly +discretion. It is not difficult, however, we believe--it is certainly +not impossible--to discard all which may justly give offence, and yet +to offer to an English public as many of the masterpieces of European +fiction as we can ever hope to see included in this library. It will be +the endeavour of the editor to search on all hands and in all languages +for such books as combine the greatest literary value with the most +curious and amusing qualities of manner and matter. + + EDMUND GOSSE. + + + + + + + THE CHIEF JUSTICE + + + + + + + THE + + Chief Justice + + A NOVEL + + + + BY + + EMIL FRANZOS + + + + TRANSLATED FROM THE GERMAN + + BY + + MILES CORBET + + + + + LONDON + + WILLIAM HEINEMANN + + 1890 + + [_All rights reserved_] + + + + + + + INTRODUCTION. + + +The remote Austrian province of Galicia has, in our generation, +produced two of the most original of modern novelists, Leopold von +Sacher-Masoch and Karl Emil Franzos. The latter, who is the author of +the volume here presented to English readers, was born on the 25th of +October 1848, just over the frontier, in a ranger's house in the midst +of one of the vast forests of Russian Podolia. His father, a Polish +Jew, was the district doctor of the town of Czorskow, in Galicia, where +the boy received his first lessons in literature from his German +mother. In 1858 Franzos was sent, on the death of his father, to the +German College at Czernowitz; at the age of fourteen, according to the +published accounts of his life, he was left entirely to his own +resources, and gained a precarious livelihood by teaching. After +various attempts at making a path for himself in science and in law, +and finding that his being a Jew stood in the way of a professional +career, he turned, as so many German Israelites have done before and +since, to journalism, first in Vienna, then at Pesth, then in Vienna +again, where he still continues to reside. + +In 1876 Franzos published his first book, two volumes entitled _Aus +Halb-Asia_ ("From Semi-Asia"), a series of ethnological studies on the +peoples of Galicia, Bukowina, South Russia, and Roumania, whom he +described as in a twilight of semi-barbaric darkness, not wholly in the +sunshine of Europe. This was followed in 1878 by _Vom Don zur Donau_ +("From the Don to the Danube"), a similar series of studies in +ethnography. Meanwhile, in _Die Juden von Barnow_ ("The Jews of +Barnow"), 1877, he had published his first collection of tales drawn +from his early experience. He followed it in 1879 by _Junge Liebe_ +("Young Love"), two short stories, "Brown Rosa" and "Brandenegg's +Cousins," extremely romantic in character, and written in an elaborate +and somewhat extravagant style. These volumes achieved a great and +instant success. + +The succeeding novels of Franzos have been numerous, and unequal in +value. _Moschko von Parma_, 1880, was a pathetic study of the +vicissitudes of a young Jewish soldier in the wars. In the same year +Franzos published _Die Hexe_ ("The Witch"). The best known of his +writings in this country is _Ein Kampf um's Recht_ ("A Battle for the +Right"), 1882, which was published in English, with an Introduction by +Mr. George MacDonald, and attracted the favourable, and even +enthusiastic, notice of Mr. Gladstone. _Der Praesident_, which is here +translated, appeared in Germany in 1884. + + EDMUND GOSSE. + + + + + THE CHIEF JUSTICE. + + + + + CHAPTER I. + + +In the Higher Court of Bolosch, an important Germano-Slavonic town of +northern Austria, there sat as Chief Justice some thirty years ago, one +of the bravest and best of those men on whom true justice might +hopefully rely in that sorely tried land. + +Charles Victor, Baron von Sendlingen, as he may be called in this +record of his fate, was the last descendant of a very ancient and +meritorious race which could trace its origin to a collateral branch of +the Franconian Emperors, and which had once upon a time possessed rich +lands and mines on the shores of the Woerther See: now indeed by reason +of an adverse fate and the love of splendour of some of its scions, +there had gradually come to be nothing left of all this save a series +of high sounding titles. But the decline of fame and influence had not +kept pace with the loss of lands and wealth; the Sendlingens had +entered the service of the Hapsburgs and in the last two hundred years +had given the Austrian Hereditary Dominions not only several brave +generals, but an almost unbroken line of administrators and guardians +of Justice. And so, although they were entirely dependent on their +slender official salaries, they were reckoned with good reason among +the first families of the Empire, and a Sendlingen might from his +cradle count upon the office of Chief Justice of one of the Higher +Courts. Even unkind envy, to say nothing of honest report, was obliged +to admit that these hereditary patricians of Justice had always shown +themselves worthy of their sacred office, and just as they regularly +inherited certain physical characteristics--great stature, bright eyes +and coal-black curly hair--so also gifted intellects, iron industry and +a sense of duty which often enough bordered on self-denial, were always +theirs. "The majesty of the Law is the most sacred majesty on earth." +Thus spake the first of this family who had entered the service of the +Imperial Courts of Justice, the Baron Victor Amadeus, Chief Judge of +the Vienna Senate, in answer to an irregular demand of Ferdinand the +Catholic, and his descendants held fast to the maxim in good days and +evil, even in those worst days when Themis threatened, in this country +also, to sink to the level of the venal mistress of Princes. The +greatest of the Hapsburgs, Joseph II., knew how to value this at its +right worth, and although he much disliked hereditary offices, he on +this account appointed the Baron Charles Victor, in spite of his youth, +as his father's successor in one of the most important offices of the +State. + +This was the grandfather of that Sendlingen whose story is to be told +here, a powerful man of unusual strength of will who had again raised +the reputation of the family to a most flourishing condition. But +although everything went so well with him, the dearest wish of his +heart was not to be realized: he was not to transmit office and +reputation to his son. This son, Franz Victor, our hero's father, had +to pass his life wretchedly in an insignificant position, the only one +among the Sendlingens who went to his grave in mature years, unrenowned +and indeed despised. + +This fate had not overtaken him through lack of ability or industry. He +too proved himself a true son of this admirable race; gifted, +persevering, thorough, devoted heart and soul to his studies and his +official duties. But a youthful escapade had embroiled him in the +beginning of his career with father and relations: a girl of the lower +orders, the daughter of the concierge at the Courts where his father +presided, had become dear to him and in a moment of passion he had +betrayed her. When the girl could no longer conceal the consequences of +her fault, she went and threw herself at the feet of the Chief Justice +imploring him to protect her from her parent's wrath. The old man could +hardly contain his agony of indignation, but he summoned his son and +having heard from his lips the truth of the accusation, he resolved the +matter by saying: "The wedding will take place next Sunday. A +Sendlingen may be thoughtless, he must never be a scoundrel." They were +married without show and in complete secresy, and at once started for a +little spot in the Tyrolean mountains whither Baron von Sendlingen had +caused his son and heir to be transferred. + +This event made a tremendous sensation. For the first time a Sendlingen +had married out of his rank, the daughter of a menial too, and +constrained to it by his father! People hardly knew how to decide which +of the two, father or son, had sinned most against the dignity of the +family; similar affairs were usually settled by the nobles of the land +in all secresy and without leaving a stain on their genealogical tree. +Even Kaiser Franz, although his opinions about morality were so rigid, +once signified something of the kind to the honourable old judge, but +he received the same answer as was given to his son. The embittered old +man was indeed equally steadfast in maintaining a complete severance of +the bonds between him and his only son; the letters which every mail +from the Tyrol brought, were left unopened, and even in his last +illness he would not suffer the outcast to be recalled. + +After the death of the Judge, his son came to be completely forgotten: +only occasionally his aristocratic relations used to recount with a +shrug of the shoulders, that they had again been obliged to return a +letter of this insolent fellow to the place where it came from. +Nevertheless they learnt the contents of these letters from a +good-natured old aunt: they told of the death of his first child, then +of the birth of a boy whom he had called after his grandfather, and +while he obstinately kept silence about the happiness or unhappiness of +his marriage, he more and more urgently begged for deliverance from the +God-forsaken corner of the globe in which he languished and for +promotion to a worthier post. + +Although the only person who read these letters was, with all her pity, +unable to help him, he never grew weary of writing. The tone of his +letters became year by year more bitter and despairing, and whereas he +had at first asked for special favours, he now fiercely demanded the +cessation of these hostile intrigues. Perhaps the embittered man was +unjust to his relations in making this reproach,--they seemed in no +way to concern themselves about him whether to his interest or his +injury--, but he really was badly treated, and leaving out the +influence of his name, he was not even able to obtain what he might +have expected according to the regulations of the service. An excellent +judge of exemplary industry, he was forced to continue for years in +this Tyrolean wilderness until at length, one day, he was promoted to a +judgeship on the Klagenfurth Circuit. But he was not long able to enjoy +his improved position: bitter repentance and the struggle with +wretchedness had prematurely undermined his strength. He died, soon +after his wife, and his last concern on earth was an imploring prayer +to his relations to adopt his boy. + +This prayer would perhaps not have been necessary to secure the orphan +that sympathy which his much-to-be-pitied father had in vain sought to +obtain for himself. Charles Victor, now fourteen years of age, was +carried off in a sort of triumph and brought to Vienna: even the +Emperor gratefully remembered the faithful services which this noble +house had for centuries rendered to his throne, and he caused its last +surviving male to be educated at his expense in the Academy of Maria +Theresa. + +The beautiful, slender boy won the sympathies of his natural guardians +by his mere appearance, the serious expression peculiar to his family +and his surprising resemblance to his grandfather; excellent gifts, a +quiet, steady love of work and a self-contained, manly sweetness of +disposition, made him dear to both his masters and his comrades. He was +the best scholar at the Academy, and he justified the hopes which he +had aroused by the brilliant success of his legal studies. But his +eagerness to obtain a knowledge of the world and to see foreign +countries was equally great, and the modest fortune left him by his +grandfather made the fulfilment of these desires possible. When, being +of age, he returned to Austria and entered on his legal duties, it +needed no particular insight to prophesy a rapid advancement in his +career. + +In fact after a brief term of office as judge-advocate in the Eastern +provinces, he was transferred to Bohemia, and shortly afterwards +married a beautiful, proud girl who had been much sought after, a +daughter of one of the most important Counts of the Empire. Nobody was +surprised that the lucky man had also this good luck, but the marriage +remained childless. This only served to unite the stately pair more +closely to one another, and this wedded love and the judge's triumphs +on the Bench and in the world of letters, sufficed to fully occupy his +life. His treatises on criminal law were among the best of the kind, +and the practical nature of his judgments obtained for him the +reputation of one of the most thorough and sagacious judges of Austria. +And so it was more owing to his services than to the influence attached +to the name and associations of this remarkable man, that he succeeded +in scaling by leaps and bounds that ladder of advancement on the lowest +rung of which, his unfortunate father had remained in life-long +torture. As early as in his fortieth year he had obtained the important +and honourable position of Chief Justice of Bolosch. + +The stormy times in which he lived served as a good test of his +character and abilities. The fierce flames of 1848 had been +extinguished and from the ruins rose the exhalation of countless +political trials. Those were sad days, making the strongest demands on +the independence of a Judge, and many an honest but weak man became the +compliant servant of the Authorities. The Chief Justice von Sendlingen, +a member of the oldest nobility, bound to the Imperial House by ties of +personal gratitude, related by marriage to the leaders of the reaction, +was nevertheless not one of the weak and cowardly judges; just as in +that stormy year he had boldly confessed his loyalty to the Emperor, so +now he showed that Justice was not to be abased to an instrument of +political revenge. This boldness was indeed not without danger; his +brother-in-law stormed, his wife was in tears; first warnings, then +threats, rained in upon him, but he kept his course unmoved, acting as +his sense of justice bade him. If those in authority did not actually +interfere with him, he owed this entirely to his past services, which +had made him almost indispensable. The methods of administering justice +were constantly changed, juries were empanelled and then dismissed, the +regulations of the Courts were repeatedly altered: everywhere there +were cases in arrear, and confusion and uncertainty. + +The Bolosch Circuit was one of the few exceptions. The Chief Justice +remained unmolested by the ministry, and the citizens honoured him as +the embodiment of Justice, and lawyers as the ornament of their +profession. + +Respected throughout the whole Empire, he was in his immediate circle +the object of almost idolatrous love. And certainly the personal +characteristics of this stately and serious man with his almost +youthful beauty, were enough to justify this feeling. He was gentle but +determined; dignified but affectionate: faithful in the extreme to +duty, and yet no stickler for forms. + +When his wife died suddenly in 1850, the sympathetic love and +veneration of all were manifested in the most touching manner. He felt +the loss keenly, but only his best friend, Dr. George Berger, learnt +how deep was the wound. This Dr. Berger was one of the most respected +barristers of the town, and in spite of the difference of their +political convictions--Berger was a Radical--he enjoyed an almost +fraternal intimacy with Sendlingen. This faithful friend did what he +could for the lonely Judge; and his best helper in the work of sympathy +was his sense of duty which forbade a weak surrender to sorrow. He +gradually became quiet and composed again, and some premature grey +hairs at the temples alone showed how exceedingly he had suffered. + +In the midst of the regular work of his profession--it was in May, +1850--he was surprised by a laconic command from the Minister of +Justice ordering him forthwith to surrender the conduct of his Court to +the Judge next him in position, von Werner, and to be in Vienna within +three days. This news caused general amazement; the reactionary party +was growing stronger, and it was thought that this sudden call might +mean the commencement of an inquiry into the conduct of this true but +independent Judge. He himself was prepared for the worst, but his +friend Berger took a more hopeful view; rudeness, he said, had become +the fashion again in Vienna, and perhaps something good was in store +for him. + +This supposition proved correct; the Minister wished the assistance of +the learned specialist in drawing up a new Statute for the +administration of Justice. The Commission of Inquiry, originally called +for two months, continued its deliberations till the autumn. It was not +till the beginning of November that Sendlingen started for home, having +received as a mark of the Minister's gratitude the nomination as Chief +Justice of the Higher Court at Pfalicz, a post which he was to enter +upon in four months. + +This was a brilliant and unexampled appointment for one of his years, +but the thought of leaving the much-loved circle of his labours made +him sorrowful. And this feeling was increased when the citizens +testified by a public reception at the station, how greatly they were +rejoiced at his return. His lonely dwelling too had been decorated by a +friendly hand, as also the Courts of Justice. He found it difficult to +announce his departure in answer to the speech of welcome delivered by +his Deputy. And indeed his announcement was received with exclamations +of regret and amazement, and it was only by degrees that his auditors +sufficiently recovered themselves to congratulate their beloved chief. + +Only one of them did so with a really happy heart, his Deputy, von +Werner, an old, industrious if not very gifted official, who now +likewise saw a certain hope of promotion. With a pleased smile, the +little weazened man followed Sendlingen into his chambers in order to +give him an account of the judicial proceedings of the last six months. +Herr von Werner was a sworn enemy of all oral reports, and had +therefore not only prepared two beautifully drawn-up lists of the civil +and criminal trials, but had written a memorial which he now read out +by way of introduction. + +Sendlingen listened patiently to this lengthy document. But when Werner +was going to take up the lists with the same intention, the Chief +Justice with a pleasant smile anticipated him. + +"We will look through them together," he said, and began with the +criminal list. It contained the name, age and calling of the accused, +the date of their gaol-delivery, their crime, as well as the present +position of the trial. + +"There are more arrears than I expected," he said with some surprise. + +"But the number of crimes has unfortunately greatly increased," +objected Herr von Werner, zealously. "Especially the cases of +child-murder." + +"You are right." Sendlingen glanced through the columns specifying the +crimes and then remained plunged in deep thought. + +"The number is nearly double," he resumed. "And it is not only here, +but in the whole Empire, that this horrible phenomenon is evident! The +Minister of Justice complained of it to me with much concern." + +"But what else could one expect?" cried old Werner. "This accursed +Revolution has undermined all discipline, morals and religion! And then +the leniency with which these inhuman women are treated--why it is +years since the death-sentence has been carried out in a case of +child-murder." + +"That will unfortunately soon be changed," answered Sendlingen in a +troubled tone. "The Minister of Justice thinks as you do, and would +like an immediate example to be made. It is unfortunate, I repeat, and +not only because, from principle, I am an opponent of the theory of +deterring by fear. Of all social evils this can least of all be cured +by the hangman. And if it is so rank nowadays, I do not think the +reason is to be found where you and His Excellency seek it, but in the +sudden impoverishment, the uncertainty of circumstances and the +brutality which, everywhere and always, follow upon a great war. The +true physicians are the political economist, the priest and the +schoolmaster!... Or have you ever perhaps known of a case among +educated people?" + +"Oh certainly!" answered Herr von Werner importantly. "I have, as it +happens, to preside to-morrow,--that is to say unless you will take the +case--at the conclusion of a trial against a criminal of that class; at +least she must be well-educated as she was governess in the house of a +Countess. See here--Case No. 19 on the list." He pointed with his +finger to the place. + +Then a dreadful thing happened. Hardly had Sendlingen glanced at the +name which Werner indicated, than he uttered a hollow choking cry, a +cry of deadly anguish. His face was livid, his features were distorted +by an expression of unutterable terror, his eyes started out of their +sockets and stared in a sort of fascination at the list before him. + +"Great Heavens!" cried Werner, himself much alarmed, as he seized his +chief's hand. "What is the matter with you? Do you know this girl?" + +Sendlingen made no reply. He closed his eyes, rested both arms on the +table and tried to rise. But his limbs refused to support him, and he +sank down in his chair like one in a faint. + +"Water! Help!" cried Werner, making for the bell. + +A movement of Sendlingen's stopped him. "It is nothing," he gasped with +white lips and parched throat. "An attack of my heart disease. It has +lately--become--much worse." + +"Oh!" cried Werner with genuine sympathy. "I never even suspected this +before. Everybody thought you were in the best of health. What do the +doctors say?" + +Again there was no answer. Breathing with difficulty, livid, his head +sunk on his breast, his eyes closed, Sendlingen lay back in his chair. +And when he raised his eyelids Werner met such a hopeless, despairing +look, that the old gentleman involuntarily started back. + +"May I," he began timidly, "call a doctor----" + +"No!" Sendlingen's refusal was almost angry. Again he attempted to rise +and this time he succeeded. + +"Thank you," he said feebly. "I must have frightened you. I am better +now and shall soon be quite well." + +"But you are going home?" +"Why should I? I will rest in this comfortable chair for half an hour +and then, my dear colleague, I shall be quite at your service again." + +The old gentleman departed but not without hesitation: even he was +really attached to Sendlingen. The other officials also received the +news of this attack with genuine regret, especially as Werner several +times repeated in his important manner: + +"Any external cause is quite out of the question, gentlemen, quite out +of the question. We were just quietly talking about judicial matters. +Ah, heart disease is treacherous, gentlemen, very treacherous." + +Hardly had the door closed, when Sendlingen sank down in his chair, +drew the lists towards him and again stared at that particular spot +with a look on his face as if his sentence of death was written there. + +The entry read thus: "Victorine Lippert. Born 25th January 1834 at +Radautz in the Bukowina. Governess. Child-murder. Transferred here from +the District Court at Goelotz on the 17th June 1852. Confessed. Trial to +be concluded 8th November 1852." + +The column headed "sentence" was still empty. + +"Death!" he muttered. "Death!" he repeated, loud and shrill, and a +shudder ran through his every fibre. + +He sank back and hid his face which had suddenly become wasted. + +"O my God!" he groaned. "I dare not let her die--her blood would cry +out against me, against me only." + +And he drew the paper towards him again and stared at the entry, +piteously and beseechingly, as though he expected a miracle from +Heaven, as though the letters must change beneath the intensity of his +gaze. + +The mid-day bells of the neighbouring cathedral aroused him from his +gloomy brooding. He rose, smoothed his disarranged hair, forced on his +accustomed look of quiet, and betook himself to Werner's room. + +"You see," he said. "I have kept my word and am all right again. Are +there any pressing matters to be rid of?" + +"Only one," answered Werner. "The Committee of Discipline has waited +your return, as it did not wish to decide an important case without +you." + +"Good, summon the Committee for five o'clock today." + +He now went the round of the other offices, answered the anxious +inquiries with the assurance that he was quite well again, and then +went down a long corridor to his own quarters which were in another +wing of the large building. + +His step was still elastic, his face pale but almost cheerful. Not +until he had given his servant orders to admit nobody, not even his +friend Berger, and until he had bolted his study-door, did he sink down +and then give himself up, without restraint, to the fury of a wild, +despairing agony. + + + + + CHAPTER II. + + +For an hour or more the unhappy man lay groaning, and writhing like a +worm under the intensity of his wretchedness. Then he rose and with +unsteady gait went to his secretaire, and began to rummage in the +secret drawers of the old-fashioned piece of furniture. + +"I no longer remember where it is," he muttered to himself. "It is long +since I thought of the old story--but God has not forgotten it." + +At length he discovered what he was looking for: a small packet of +letters grown yellow with time. As he unloosed the string which tied +them, a small watercolour portrait in a narrow silver frame fell out: +it depicted the gentle, sweet features of a young, fair, grey-eyed +girl. His eyes grew moist as he looked at it, and bitter tears suddenly +coursed down his cheeks. + +He then unfolded the papers and began to read: they were long letters, +except the last but one which filled no more than two small sheets. +This he read with the greatest attention of all, read and re-read it +with ever-increasing emotion. "And I could resist such words!" he +murmured. "Oh wretched man that I am." + +Then he opened the last of the letters. "You evidently did not yourself +expect that I would take your gift," he read out in an undertone. And +then: "I do not curse you; on the contrary, I ardently hope that you +may at least not have given me up in vain." + +He folded the letters and tied them up. Then he undid them again and +buried himself once more in their melancholy contents. + +A knock at the door interrupted him: his housekeeper announced that +dinner was ready. This housekeeper was an honest, elderly spinster, +Fraeulein Brigitta, whom he usually treated with the greatest +consideration. To-day he only answered her with a curt, impatient, +"Presently!" and he vouchsafed no lengthier reply to her question how +he was. + +But then he remembered some one else. "I must not fall ill," he said. +"I must keep up my strength. I shall need it all!" And after he had +locked up the letters, he went to the dining-room. + +He forced himself to take two or three spoonfuls of soup, and hastily +emptied a glass of old Rhine-wine. His man-servant, Franz, likewise a +faithful old soul, replenished it, but hesitatingly and with averted +countenance. + +"Where is Fraeulein Brigitta?" asked Sendlingen. + +"Crying!" growled the old man. "Hasn't got used to the new state of +things! Nor have I! Nice conduct, my lord! We arrive in the morning +ill, we say nothing to an old and faithful servant, we go straight into +the Courts. There we fall down several times; we send for no doctor, +but writhe alone in pain like a wounded stag." The faithful old +fellow's eyes were wet. + +"I am quite well again, Franz," said Sendlingen re-assuringly. + +"We were groaning!" said the old man in a tone of the bitterest +reproach. "And since when have we declined to admit Herr Berger?" + +"Has he been here?" + +"Yes, on most important business, and would not believe that we +ourselves had ordered him to be turned away.... And now we are eating +nothing," he continued vehemently, as Sendlingen pushed his plate from +him and rose. "My Lord, what does this mean! We look as if we had seen +a ghost!" + +"No, only an old grumbler!" He intended this for an airy pleasantry but +its success was poor. "Do not be too angry with me." + +Then he returned to his chambers. "The old fellow is right," he +thought. "It was a ghost, a very ancient ghost, and its name is +Nemesis!" His eyes fell on the large calendar on the door: "7th +November 1852" he read aloud. "A day like every other--and yet ..." + +Then he passed his hand over his brow as if trying to recall who he +was, and rang the bell. + +"Get me," he said to the clerk who entered, "the documents relating to +the next three criminal trials." + +He stepped to the window and awaited the clerk's return with apparent +calm. He had not long to wait; the clerk entered and laid two goodly +bundles of papers on the table. + +"I have to inform you, my lord," said the clerk standing at attention +(he had been a soldier), "that only the papers relating to the trials +of the 9th and 10th November are in the Court-house. Those for +tomorrow's trial of Victorine Lippert for child-murder are still in the +hands of Counsel for the accused, Dr. George Berger." + +Sendlingen started. "Did the accused choose her Counsel?" + +"No, my lord, she refused any defence because she is, so to speak, a +poor despairing creature who would prefer to die. Herr von Werner +therefore, ex-officio, allotted her Dr. Kraushoffer as Counsel, and, +when he became ill, Dr. Berger. Dr. Kraushoffer was only taken ill the +day before yesterday and therefore Dr. Berger has been allowed to keep +the papers till tomorrow morning early. Does your Lordship desire that +I should ask him for them?" + +"No. That will do." + +He went back to the niche by the window. "A poor creature who would +prefer to die!" he said slowly and gloomily. Frightful images thronged +into his mind, but the poor worn brain could no longer grasp any clear +idea. He began to pace up and down his room rapidly, almost staggering +as he went. + +"Night! night!" he groaned: he felt as if he were wandering aimlessly +in pitchy darkness, while every pulsation of lost time might involve +the sacrifice of a human life. Then his face brightened again, it +seemed a good omen that Berger was defending the girl: he knew his +friend to be the most conscientious barrister on the circuit. "And if I +were to tell him fully what she is to me--" But he left the sentence +unfinished and shook his head. + +"I could not get the words out," he murmured looking round quite +scared, "not even to him!" + +"And why should I?" he then thought. "Berger will in any case, from his +own love of justice, do all that is in his power." + +But what result was to be expected? The old judges, unaccustomed to +speeches, regarded the concluding proceedings rather as a formality, +and decided on their verdict from the documents, whatever Counsel might +say. It depended entirely on their opinion and what Werner thought of +the crime he had explained a few hours ago! And even if before that he +had been of another opinion, now that he knew the opinion of the +Minister of Justice.... "Fool that I am," said Sendlingen between his +teeth, "it was I who told him!" Again he looked half-maddened by his +anguish and wandered about the room wringing his hands. + +Suddenly he stopped. His face grew more livid, his brows contracted in +a dark frown, his lips were tightly pressed together. A new idea had +apparently occurred to him, a dark uncanny inspiration, against which +he was struggling but which returned again and again, and took +possession of him. "That would be salvation," he muttered. "If +to-morrow's sentence is only for a short term of imprisonment, the +higher Court would never increase it to a sentence of death!" + +He paced slowly to the window, his head bowed as if the weight of that +thought lay upon his neck like a material burden, and stared out into +the street. The early shades of the autumn evening were falling; on the +other side of a window in a building opposite, a young woman entered +with a lamp for her husband. She placed it on his work-table, and +lightly touched his hair with her lips. Sendlingen saw it plainly, he +could distinguish every piece of furniture in the room and also the +features of the couple, and as he knew them, he involuntarily whispered +their names. But his brain unceasingly continued to spin that dark web, +and at times his thoughts escaped him in a low whisper. + +"What is there to prevent me? Nobody knows my relationship to her and +she herself has no suspicion. I am entitled to it, and it would arouse +no suspicion. Certainly it would be difficult, it would be a horrible +time, but how much depends on me!" + +"Wretch!" he suddenly cried, in a hard, hoarse voice. "The world does +not know your relationship, but you know it! What you intend is a +crime, it is against justice and law!" + +"Oh my God!" he groaned: "Help me! Enlighten my poor brain! Would it +not be the lesser crime if I were to save her by dishonourable means, +than if I were to stand by with folded arms and see her delivered to +the hangman! Can this be against Thy will, Thou who art a God of love +and mercy? Can my honour be more sacred than her life?" + +He sank back and buried his face in his hands. "But it does not concern +my honour alone," he said. "It would be a crime against Justice, +against the most sacred thing on earth! O my God, have mercy upon me!" + +While he lay there in the dark irresolute, his body a prey to fever, +his soul torn by worse paroxysms, he heard first of all a gentle, then +a louder knocking at the door. At length it was opened. + +"My Lord!" said a loud voice: it was Herr von Werner. + +"Here I am," quickly answered Sendlingen rising. + +"In the dark?" asked old Werner with astonishment. "I thought perhaps +you had forgotten the appointment--it is five o'clock and the members +of the Committee of Discipline are waiting for us. Has your +indisposition perhaps returned?" + +"No! I was merely sitting in deep thought and forgot to light the +candles. Come, I am quite ready." + +"Will you allow me a question?" asked Werner, stepping forward as far +as the light which streamed in from the corridor. "In fact it is a +request. The clerk told me that you had been asking to see the +documents relating to to-morrow's trial. Would you perhaps like to +preside at it?" + +Sendlingen did not answer at once. "I am not posted up in the matter," +he at length said with uncertain voice. + +"The case is very simple and a glance at the deed of accusation would +sufficiently inform you. In fact I took the liberty of asking this +question in order to have the documents fetched at once from Herr +Berger. I myself--hm, my daughter, the wife of the finance counsellor, +is in fact expecting, as I just learn, tomorrow for the first +time--hm,--a happy event. It is natural that I should none the less be +at the disposal of the Court, but--hm,--trusting to your official +goodnature----" + +Sendlingen had supported himself firmly against the back of the chair. +His pulses leapt and his voice trembled as he answered: + +"I will take the case." + +Then both the men started for the Court. When they came out into the +full light of the corridor, Werner looked anxiously at his chief. "But +indeed you are still very white!" he cried. "And your face has quite a +strange expression. You appear to be seriously unwell, and I have just +asked you----" + +"It is nothing!" interrupted Sendlingen impatiently. "Whom does our +present transaction relate to?" + +"You will be sorry to hear of it," was the answer, "I know that you too +had the best opinion of the young man. It relates to Herbich, an +assistant at the Board of Trade office: he has unfortunately been +guilty of a gross misuse of his official position." + +"Oh--in what way?" + +"Money matters," answered Werner cursorily, and he beckoned to a +messenger and sent him to Berger's. + +They then entered the Court where the three eldest Judges were already +waiting for them. The Chief Justice opened the sitting and called for a +report of the case to be read. + +It was different from what one would have expected from Werner's +intimation: Herbich had not become a criminal through greed of gain. +His mother, an old widow, had, on his advice, lent her slender fortune +which was to have served as her only daughter's dowry, to a friend of +his, a young merchant of excellent reputation. Without any one +suspecting it, this honourable man had through necessity gradually +become bankrupt, and when Herbich one morning entered his office at the +Board of Trade, he found the manager of a factory there who, to his +alarm, demanded a decree summoning a meeting of his friend's creditors. +Instead of fulfilling this in accordance with the duties of his office, +he hurried to the merchant and induced him by piteous prayers to return +the loan on the spot. Not till then did he go back to the office and +draw up the necessary document. By the inquiries of other creditors +whose fractional share had been diminished by this, the matter came to +light. Herbich was suspended, though left at liberty. There was no +permanent loss to the creditors, as the sister had in the meantime +returned the whole of the amount to the administrator of the estate. +The report recommended that the full severity of the law should take +effect, and that the young man should not only be deprived of his +position, but should forthwith be handed over to justice. + +Sendlingen had listened to the lengthy report motionless. Only once had +he risen, to arrange the lampshade so that his face remained in +complete shadow. Then he asked whether the committee would examine the +accused. It was in no way bound to do so, though entitled to, and +therefore Herbich had been instructed to hold himself in waiting at the +Court at the hour of the inquiry. + +The conductor of the inquiry was opposed to any examination. Not so +Baron Dernegg, one of the Judges, a comfortable looking man with a +broad, kindly face. It seemed to him, he explained, that the +examination was a necessity, as in this way alone could the motives of +the act be brought fully to light. The Committee was equally divided on +the subject: the casting vote therefore lay with Sendlingen. He +hesitated a long while, but at length said with a choking voice: "It +seems to me, too, that it would be humane and just to hear the +unfortunate man." + +Herbich entered. His white, grief-worn face flushed crimson as he saw +the Judges, and his gait was so unsteady that Baron Dernegg +compassionately motioned him to sit down. The trembling wretch +supported himself on the back of a chair as he began laboriously, and +almost stutteringly, to reply to the Chief Justice's question as to +what he had to say in his defence. + +He told of his intimate friendship with the merchant and how it was +entirely his own doing that the loan had been made. When he came to +speak of his offence his voice failed him until at length he blurted +out almost sobbing: "No words can express how I felt then!... My sister +had recently been betrothed to an officer. The money was to have served +as the guarantee required by the war-office; if it was lost the wedding +could not take place and the life's happiness of the poor girl would +have been destroyed. I did not think of the criminality of what I was +doing. I only followed the voice of my heart which cried out: 'Your +sister must not be made unhappy through your fault!' My friend's +resistance first made me conscious of what I had begun to do! I sought +to reassure him and myself by sophisms, pointing out how insignificant +the sum was compared with his other debts, and that any other creditor +would have taken advantage of making the discovery at the last moment. +I seemed to have convinced him, but, as for myself, I went away with +the consciousness of being a criminal." + +He stopped, but as he continued his voice grew stronger and more +composed. + +"A criminal certainly! But my conscience tells me that of two crimes I +chose the lesser. But to no purpose: the thing came out; my sister +sacrificed her money and her happiness. I look upon my act now as I did +then. Happy is the man who is spared a conflict between two duties, +whose heart is not rent, whose honour destroyed, as mine has been; but +if he were visited as I was, he would act as I acted if he were a man +at all! And now I await your verdict, for what I have left to say, +namely what I once was, you know as well as I do!" + +A deep silence followed these words. It was for Sendlingen to break it +either by another question or by dismissing the accused. He, however, +was staring silently into space like one lost to his surroundings. At +length he murmured: "You may go." + +The discussion among the Judges then began and was hotly carried on, as +two opposite views were sharply outlined. Baron Dernegg and the fourth +Judge were in favour of simple dismissal without any further +punishment, while the promoter, supported by Werner, was in favour of +his original proposition. The matter had become generally known, he +contended, and therefore the dignity of Justice demanded a conspicuous +satisfaction for the outraged law. + +The decision again rested with Sendlingen, but it seemed difficult for +him to pronounce it. "It is desirable, gentlemen," he said, "that your +verdict should be unanimous. Perhaps you will agree more easily in an +informal discussion. I raise the formal sitting for a few minutes." + +But he himself took no part in their discussion, but stepped to the +window. He pressed his burning forehead against the cool glass: his +face again wore that expression of torturing uncertainty. But gradually +his features grew composed and assumed a look of quiet resolve. When +Werner approached and informed him that both parties still adhered +obstinately to their own opinion, he stepped back to the table and said +in a loud, calm voice: + +"I cast my vote for the opinion of Baron Dernegg. The dignity of +Justice does not, in my opinion, require to be vindicated only by +excessive severity; dismissal from office and ruin for life are surely +sufficient punishment for a fatal _error_." + +Werner in spite of his boundless respect for superiors, could not +suppress a movement of surprise. + +Sendlingen noticed it. "An error!" he repeated emphatically. "Whoever +can put himself in the place of this unfortunate man, whoever can +comprehend the struggles of his soul, must see that, according to his +own ideas, he had indeed to choose between two crimes. His error was to +consider that the lesser crime which in reality was the greater. I have +never been a blind partisan of the maxim: 'Fiat justitia et pereat +mundus,'--but I certainly do consider it a sacred matter that every +Judge should act according to law and duty, even if he should break his +heart in doing so! However, I repeat, it was an error, and therefore it +seems to me that the milder of the two opinions enforces sufficient +atonement." + +Then he went up to Werner. "Forgive me," he said, "if I withdraw my +promise in regard to tomorrow's trial. I am really not well enough to +preside." + +"Oh! please--hm!--well if it must be so." + +"It must be so," said Sendlingen, kindly but resolutely. "Good evening, +gentlemen." + + + + + CHAPTER III. + + +Sendlingen went to his own quarters; his old manservant let him in and +followed him with anxious looks into his study. + +"You may go, Franz!" he said shortly and sharply. "I am not at home to +anybody." + +"And should Dr. Berger?" + +"Berger?" He shook his head decidedly. Then he seemed to remember some +one else. "I will see him," he said, drawing a deep breath. + +The old man went out hesitatingly: Sendlingen was alone. But after a +few minutes the voice of his friend was audible in the lobby, and +Berger entered with a formidable bundle of documents under his arm. + +"Well, how goes it now?" cried the portly man, still standing in the +doorway. "Better, certainly, as you are going to preside to-morrow. +Here are the papers." + +He laid the bundle on the table and grasped Sendlingen's outstretched +hand. "A mill-stone was rolled from my neck when the messenger came. In +the first place, I knew you were better again, and secondly the chief +object of my visit at noon to-day was attained without my own +intervention." + +"Did you come on that account?" + +"Yes, Victor,--and not merely to greet you." The advocate's broad, open +face grew very serious. "I wanted to draw your attention to to-morrow's +trial, not only from motives of pity for the unfortunate girl, but also +in the interests of Justice. Old Werner, who gets more and more +impressed with the idea that he is combating the Revolution in every +case of child-murder, is not the right Judge for this girl. 'There are +cases,' once wrote an authority on criminal law, 'where a sentence of +death accords with the letter of the law, but almost amounts to +judicial murder.' I hope you will let this authority weigh with you, +though you yourself are he. Now then, if Werner is put in a position +to-morrow to carry out the practice to which he has accustomed himself +in the last few weeks, we shall have one of these frightful cases." + +Sendlingen made no reply. His limbs seemed to grow rigid and the +beating of his heart threatened to stop. "How--how does the case +stand?" he at length blurted out hoarsely and with great effort. + +"Your voice is hoarse," remarked Berger innocently. "You must have +caught cold on the journey. Well, as to the case." He settled himself +comfortably in his chair. "It is only one of the usual, sad stories, +but it moved me profoundly after I had seen and spoken to the poor +wretch. Victorine Lippert is herself an illegitimate child and has +never found out who her father was; even after her mother's death no +hint of it was found among her possessions. As she was born in Radautz, +a small town in the Bukowina, and as her mother was governess in the +house of a Boyar, it is probable that she was seduced by one of these +half-savages or perhaps even a victim to violence. I incline to the +latter belief, because Hermine Lippert's subsequent mode of life and +touching care for her child, are against the surmise that she was of +thoughtless disposition. She settled in a small town in Styria and made +a scanty living by music lessons. Forced by necessity, she hazarded the +pious fraud of passing as a widow,--otherwise she and her child must +have starved. After eight years a mere chance disclosed the deception +and put an end to her life in the town. She was obliged to leave, but +obtained a situation as companion to a kind-hearted lady in Buda-Pesth, +and being now no longer able to keep her little daughter with her, she +had her brought up at a school in Gratz. Mother and child saw one +another only once a year, but kept up a most affectionate +correspondence. Victorine was diligent in her studies, grave and +accomplished beyond her years, and justified the hope that she would +one day earn a livelihood by her abilities. This sad necessity came +soon enough. She lost her mother when she was barely fifteen: the +Hungarian lady paid her school fees for a short time, and then the +orphan had to help herself. Her excellent testimonials procured +her the post of governess in the family of the widowed Countess +Riesner-Graskowitz at Graskowitz near Golotz. She had the charge of two +small nieces of the Countess and was patient in her duties, in spite of +the hardness of a harsh and utterly avaricious woman. In June of last +year, her only son, Count Henry, came home for a lengthy visit." + +Sendlingen sighed deeply and raised his hand. + +"You divine the rest?" asked Berger. "And indeed it is not difficult to +do so! The young man had just concluded his initiation into the +diplomatic service at our Embassy in Paris, and was to have gone +on to Munich in September as attache. Naturally he felt bored in the +lonely castle, and just as naturally he sought to banish his boredom +by trying to seduce the wondrously beautiful, girlish governess. +He heaped upon her letters full of glowing protestations--I mean to +read some specimens to-morrow, and amongst them a valid promise of +marriage--and the girl of seventeen was easily fooled. She liked the +handsome, well-dressed fellow, believed in his love as a divine +revelation and trusted in his oaths. You will spare me details, I +fancy; this sort of thing has often happened." + +"Often happened!" repeated Sendlingen mechanically, passing his hand +over his eyes and forehead. + +"Well to be brief! When the noble Count Henry saw that the girl was +going to become a mother before she herself had any suspicion of it, he +determined to entirely avoid any unpleasantness with his formidable +mother, and had himself sent to St. Petersburg. Meantime a good-natured +servant girl had explained her condition to the poor wretch and had +faithfully comforted her in her boundless anguish of mind, and helped +her to avoid discovery. Her piteous prayers to her lover remained +unanswered. At length there came a letter--and this, too, I shall read +to-morrow--in which the scoundrel forbade any further molestation and +even threatened the law. And now picture the girl's despair when, +almost at the same time, the countess discovered her secret,--whether +by chance or by a letter of the brave count, is still uncertain. +Certainly less from moral indignation than from fear of the expense, +this noble lady was now guilty of the shocking brutality of having the +poor creature driven out into the night by the men-servants of the +house! It was a dark, cold, wet night in April: shaken with fever and +weary to death, the poor wretch dragged herself towards the nearest +village. She did not reach it; halfway, in a wood, some peasants from +Graskowitz found her the next morning, unconscious. Beside her lay her +dead, her murdered child." + +Sendlingen groaned and buried his face in his hands. + +"Her fate moves you?" asked Berger. "It is certainly piteous enough! +The men brought her to the village and informed the police at Golotz. +The preliminary examination took place the next day. It could only +establish that the child had been strangled; it was impossible to take +the depositions of the murderess: she was in the wildest delirium, and +the prison-doctor expected her to die. But Fate," Berger rose and his +voice trembled--"Fate was not so merciful. She recovered, and was sent +first to Golotz and then brought here. She admitted that in the +solitude of that dreadful night, overcome by her pains, forsaken of God +and man, she formed the resolve to kill herself and the child--when and +how she did the deed she could not say. I am persuaded that this is no +lie, and I believe her affirmation that it was only unconsciousness +that prevented her suicide. Doesn't that appear probable to you too?" + +Sendlingen did not answer. "Probable," he at length muttered, "highly +probable!" + +Berger nodded. "Thus much," he continued, "is recorded in the judicial +documents, and as all this is certainly enough to arouse sympathy, I +went to see her as soon as the defence was allotted to me. Since that I +have learnt more. I have learnt that a true and noble nature has been +wrecked by the baseness of man. She must have been not only +fascinatingly beautiful, but a character of unusual depth and purity. +One can still see it, just as fragments of china enable us to guess the +former beauty of a work of art. For this vessel is broken in pieces, +and her one prayer to me was: not to hinder the sentence of death!... +But I cannot grant this prayer," he concluded. "She must not die, were +it only for Justice's sake! And a load is taken off my heart to think +that a human being is to preside at the trial to-morrow, and not a +rhetoric machine!" + +He had spoken with increasing warmth, and with a conviction of spirit +which this quiet, and indeed temperate man, seldom evinced. + +His own emotion prevented him from noticing how peculiar was his +friend's demeanour. Sendlingen sat there for a while motionless, his +face still covered with his hands, and when he at length let them fall, +he bowed his head so low that his forehead rested on the edge of the +writing-table. In this position he at last blurted forth: + +"I cannot preside to-morrow." + +"Why not?" asked Berger in astonishment. "Are you really ill?" And as +he gently raised his friend's head and looked into his worn face he +cried out anxiously: "Why of course--you are in a fever." + +Sendlingen shook his head. "I am quite well, George! But even if it +cost me my life, I would not hand over this girl to the tender mercies +of others, if only I dared. But I dare not!" + +"You _dare_ not!" + +"The law forbids it!" + +"The law? You are raving!" + +"No! no!" cried the unhappy man springing up. "I would that I were +either mad or dead, but such is not my good fortune! The law forbids +it, for a father----" + +"Victor!" + +"Everything tallies, everything! The mother's name--the place--the year +of birth--and her name is Victorine." + +"Oh my God! She is your----" + +"My daughter," cried the unfortunate wretch in piercing tones and then +quite broke down. + +Berger stood still for an instant as if paralysed by pity and +amazement! Then he hurried to his friend, raised him and placed him in +his arm-chair. "Keep calm!" he murmured. "Oh! it is frightful!... Take +courage!... The poor child!" He was himself as if crushed by the weight +of this terrible discovery. + +Breathing heavily, Sendlingen lay there, his breast heaving +convulsively; then he began to sob gently; far more piteously than +words or tears, did these despairing, painfully subdued groans betray +how exceedingly he suffered. Berger stood before him helplessly; he +could think of no fitting words of comfort, and he knew that whatever +he could say would be said in vain. + +The door was suddenly opened loudly and noisily; old Franz had heard +the bitter lamenting and could no longer rest in the lobby. "My Lord!" +he screamed, darting to the sufferer. "My dear good master." + +"Begone!" Sendlingen raised himself hastily. "Go, Franz--I beg!" he +repeated, more gently. + +But Franz did not budge. "We are in pain," he muttered, "and Fraeulein +Brigitta may not come in and I am sent away! What else is Franz in the +world for?" He did not go until Berger by entreaties and gentle force +pushed him out of the door. + +Sendlingen nodded gratefully to his friend. + +"Sit here," he said, pointing to a chair near his own. "Closer +still--so! You must know all, if only for her sake! You shall have no +shred of doubt as to whom you are defending to-morrow, and perhaps you +may discover the expedient for which I have racked my brain in vain. +And indeed I desire it on my own account. Since the moment I discovered +it I feel as if I had lost everything. Everything--even myself! You are +one of the most upright men I know; you shall judge me, George, and in +the same way that you will defend this poor girl, with your noble heart +and clear head. Perhaps you will decide that some other course is +opened to me beside----" + +He stopped and cast a timid glance at a small neat case that lay on his +writing-table. Berger knew that it contained a revolver. + +"Victor!" he cried angrily and almost revolted. + +"Oh, if you knew what I suffer! But you are right, it would be +contemptible. I dare not think of myself. I dare not slink out of the +world. I have a duty to my child. I have neglected it long enough,--I +must hold on now and pay my debt. Ah! how I felt only this morning, and +now everything lies around me shivered to atoms. Forgive me, my poor +brain can still form no clear thought! But--I will--I must. Listen, I +will tell you, as if you were the Eternal Judge Himself, how everything +came about." + + + + + CHAPTER IV. + + +After a pause he began: "I must first of all speak of myself and what I +was like in those days. You have only known me for ten years: of my +parents, of my childhood, you know scarcely anything. Mine was a +frightful childhood, more full of venom and misery than a man can often +have been condemned to endure. My parents' marriage--it was hell upon +earth, George! In our profession we get to know many fearful things, +but I have hardly since come across anything like it. How they came to +be married, you know,--all the world knows. I am convinced that they +never loved one another; her beauty pleased his senses, and his +condescension may have flattered her. No matter! from the moment that +they were indissolubly bound, they hated one another. It is difficult +to decide with whom the fault began; perhaps it lay first of all at my +father's door. Perhaps the common, low-born woman would have been +grateful to him for having made her a Baroness and raised her to a +higher rank in life, if only he had vouchsafed her a little patience +and love. But he could not do that, he hated her as the cause of his +misfortune, and she repaid him ten-fold in insult and abuse, and in +holding him up, humbled enough already, to the derision and gossip of +the little town. + +"Betwixt these two people I grew up. I should have soon got to know the +terms they were on even if they had striven anxiously to conceal them, +but that they did not do. Or rather: he attempted to do so, and that +was quite sufficient reason for her to drag me designedly into their +quarrels, for she knew that this was a weapon wherewith to wound him +deeply. And when she saw that he idolized me as any poor wretch does +the last hope and joy that fate has left him, she hated me. On that +account and on that account alone, she knew that every scolding, every +blow, she gave me, cut him to the quick. No wonder that I hated and +feared her, as much as I loved and honoured my father. + +"What he had done I already accurately knew by the time I was a boy of +six: he had married out of his rank and a Sendlingen might not do that! +For doing so his father had disowned him, for doing so he had to go +through life in trouble and misery, in a paltry hole and corner where +the people mocked at his misfortune. My mother was our curse!--Oh, how +I hated her for this, how by every fresh ill-usage at her hands, my +heart was more and more filled with bitter rancour. + +"You shudder, George?" he said stopping in his story. "This glimpse +into a child's soul makes you tremble? Well--it is the truth, and you +shall hear everything that happened. + +"If I did not become wicked, I have to thank my father for it. I was +diligent because it gave him pleasure. I was kind and attentive to +people because he commanded it. He was often ill; what would have +become of me if I had lost him then and grown up under my mother's +scourge, I dare not think. I was spared this greatest evil: his +protecting hand continued to be stretched out over me, and when we +moved to Klagenfurth he began to live again. The intercourse with +educated people revived him and he was once more full of hope and +endeavour. My mother now began to be ill and a few months after our +arrival she died. We neither of us rejoiced at her death, but what we +felt as we stood by her open coffin was a sort of silent horror. + +"And now came more happy days, but they did not last long. Mental +torture had destroyed my father's vitality, and the rough +mountain-climate had injured his lungs. The mild air of the plain +seemed to restore him for a time, but then the treacherous disease +broke out in all its virulence. He did not deceive himself about his +condition, but he tried to confirm me in hope and succeeded in doing +so. When, after a melancholy winter, in the first days of spring, his +cough was easier and his cheeks took colour, I, like a thoughtless boy, +shouted for joy,--he however knew that it was the bloom of death. + +"And he acted accordingly. One May morning--I had just completed my +fourteenth year--he came to my bed-side very early and told me to dress +myself with all speed. 'We are going for an excursion,' he said. There +was a carriage at the door. We drove through the slumbering town and +towards the Woerther-see. It was a lovely morning, and my father was so +affectionate--it seemed to me the happiest hour I had ever had! When we +got to Maria Woerth, the carriage turned off from the lake-side and we +proceeded towards the Tauer Mountains through a rocky valley, until we +stopped at the foot of a hill crowned with a ruin. Slowly we climbed up +the weed-grown path; every step cost the poor invalid effort and pain, +but when I tried to dissuade him he only shook his head. 'It must be +so!' he said, with a peculiarly earnest look. At length we reached the +top. Of the old building, little remained standing except the outer +walls and an arched gateway. 'Look up yonder,' he said, solemnly. 'Do +you recognize that coat of arms?' It consisted of two swords and a St. +Andrew's cross with stars in the field." + +"Your arms?" asked Berger. + +Sendlingen nodded. "They were the ruins of Sendlingen Castle, once our +chief possession on Austrian soil. My father told me this, and began to +recount old stories, how our ancestor was a cousin of Kaiser Conrad and +had been a potentate of the Empire, holding lands in Franconia and +Suabia, and how his grandson, a friend of one of the Hapsburgs, had +come to Carinthia and there won fresh glory for the old arms. It was a +beautiful and affecting moment,--at our feet the wild, lonely +landscape, dreamily beautiful in the blue atmosphere of a spring day, +no sound around us save the gentle murmur of the wind in the wild +elder-trees, and with all this the tones of his earnest, enthusiastic +voice. My father had never before spoken as he did then, and while he +spoke, there rose before my eyes with palpable clearness the long line +of honourable nobles who had all gloriously borne first the sword and +then the ermine, and the more familiar their age and their names +became, the higher beat my heart, the prouder were my thoughts and +every thought was a vow to follow in their footsteps. + +"My father may have guessed what was passing in my heart, he drew me +tenderly to him, and as he told me of his own father, the first judge +and nobleman of the land, tears started from his eyes. 'He was the last +Sendlingen worthy of the name,' he concluded, 'the last!' + +"'Father,' I sobbed, 'whatever I can and may do will be done, but you +too will now have a better fate.' + +"'I!' he broke in, 'I have lived miserably and shall die miserably! But +I will not complain of my fate, if it serves as a warning to you. +Listen to me, Victor, my life may be reckoned by weeks, perhaps by +days, but if I know my cousins aright, they will not let you stand +alone after my death. They will not forget that you are a Sendlingen, +so long as you don't forget it yourself. And in order that you may +continue mindful of it, I have brought you hither before I die! Unhappy +children mature early; you have been in spite of all my love, a very +unhappy child, Victor, and you have long since known exactly why my +life went to pieces. Swear to me to keep this in mind and that you will +be strict and honourable in your conduct, as a Sendlingen is in duty +bound to be.' + +"'I swear it!' I exclaimed amid my tears. + +"'One thing more!' he continued, 'I must tell you, although you are +still a boy, but I have short time to stay and better now than not at +all! It is with regard to women. You will resist my temptations, I am +sure. But if you meet a woman who is noble and good but yet not of your +own rank, and if your heart is drawn to her, imperiously, irresistibly, +so that it seems as if it would burst and break within your breast +unless you win her, then fly from her, for no blessing can come of it +but only curses for you both. Curses and remorse, Victor--believe your +father who knows the world as it is.... Swear to me that you will never +marry out of your rank!' + +"'I swear it!' I repeated. + +"'Well and good,' he said solemnly. 'Now I have fulfilled my duty and +am ready ... let us go, Victor.' + +"He was going to rise, but he had taxed his wasted lungs beyond their +strength: he sank back and a stream of blood gushed from his lips. It +was a frightful moment. There I stood, paralysed with fear, helpless, +senseless, beside the bleeding man--and when I called for help, there +was not a soul to hear me in that deep solitude. I had to look on while +the blood gushed forth until my father utterly broke down. I thought he +was dead but he had only fainted. A shepherd heard the cry with which I +threw myself down beside him, he fetched the driver, they got us into +the carriage and then to Klagenfurth. Two days later my poor father +died." + +He stopped and closed his eyes, then drew a deep breath and continued: + +"You know what became of me afterwards. My dying father was not +deceived in his confidence: the innocent boy, the last of the +Sendlingens, was suddenly overwhelmed with favours and kindness. It was +strange how this affected me, neither moving me, nor exalting, nor +humbling me. Whatever kindness was done me, I received as my just due; +it was not done to me, but to my race in requital for their services, +and I had to make a return by showing myself worthy of that race. All +my actions were rooted in this pride of family: seldom surely has a +descendant of princes been more mightily possessed of it. If I strove +with almost superhuman effort to fulfil all the hopes that were set on +me at school, if I pitilessly suppressed every evil or low stirring of +the heart, I owe it to this pride in my family: the Sendlingen had +always been strong in knowledge, strict to themselves, just and good to +others,--_must_ I not be the same? And if duty at times seemed too +hard, my father's bitter fate rose before me like a terrifying +spectre, and his white face of suffering was there as a pathetic +admonition--both spurring me onward. But the same instinct too +preserved me from all exultation now that praise and honour were +flowing in upon me; it might be a merit for ordinary men to distinguish +themselves, with a Sendlingen it was a duty! + +"And so I continued all those years, first at school, then at the +University, moderate, but a good companion, serious but not averse to +innocent pleasures. I had a liking for the arts, I was foremost in the +ball-room and in the Students' Reunions,--in one thing only I kept out +of the run of pleasure: I had never had a love-affair. My father's +warning terrified me, and so did that old saying: 'A Sendlingen can +never be a scoundrel!' And however much travelling changed my views in +the next few years, in this one thing I continued true to myself. +Certainly this cost me no great struggle. Many a girl whom I had met in +the society I frequented appeared lovable enough, but I had not fallen +in love with any, much less with a girl not of my own rank, of whom I +hardly knew even one. + +"So I passed in this respect as an exemplary young man, too exemplary, +some thought, and perhaps not without reason. But whoever had taken me +at the time I entered upon my legal career, for an unfeeling calculator +with a list of the competitors to be outstripped at all costs, in the +place where other people carry a palpitating heart, would have done me +a great injustice. I was ambitious, I strove for special promotion, not +by shifts and wiles, but by special merit. And as to my heart,--oh! +George, how soon I was to know what heart-ache was, and bliss and +intoxication, and love and damnation!" + +He rose, opened his writing-table, and felt for the secret drawer. But +he did not open it; he shook his head and withdrew his hand. "It would +be of no use," he murmured, and remained for awhile silently brooding. + +"That was in the beginning of your career?" said Berger, to recall him. + +"Yes," he answered. "It was more than twenty years ago, in the winter +of 1832. I had just finished my year of probation at Lemburg under the +eyes of the nearest and most affectionate of my relations, Count +Warnberg, who was second in position among the judges there. He was an +uncle, husband of my father's only sister. He had evinced the most +cruel hardness to his brother-in-law, to me he became a second father. +At his suggestion and in accordance with my own wish, I was promoted to +be criminal Judge in the district of Suczawa. The post was considered +one of the worst in the circuit, both my uncle and I thought it the +best thing for me, because it was possible here within a very short +time, to give conclusive proof of my ability. Such opportunities, +however, were more abundant than the most zealous could desire: in +those days there prevailed in the southern border-lands of the +Bukowina, such a state of things as now exists only in the Balkan +Provinces or in Albania. It was perhaps the most wretched post in the +whole Empire, and in all other respects exceptionally difficult. The +ancient town, once the capital of the Moldavian Princes, was at +that time a mere confusion of crumbling ruins and poverty-stricken +mud-cabins crowded with dirty, half-brutalized Roumanians, Jews and +Armenians. Moreover my only colleague in the place was the civil judge, +a ruined man, whom I had never seen sober. My only alternative +therefore was either to live like an anchorite, or to go about among +the aristocracy of the neighborhood. + +"When I got to know these noble Boyars, the most educated of them ten +times more ignorant, the most refined ten times more coarse, the most +civilized ten times more unbridled than the most ignorant, the coarsest +and the most unbridled squireen of the West, I had no difficulty in +choosing: I buried myself in my books and papers. But man is a +gregarious animal--and I was so young and spoiled, and so much in need +of distraction from the comfortless impressions of the day, that I grew +weary after a few weeks and began to accept invitations. The +entertainments were always the same: first there was inordinate eating, +then inordinate drinking, and then they played hazard till all hours. +As I remained sober and never touched a card, I was soon voted a +wearisome, insupportable bore. Even the ladies were of this opinion, +for I neither made pretty speeches, nor would I understand the looks +with which they sometimes favoured me. That I none the less received +daily invitations was not to be wondered at; a real live Baron of the +Empire was, whatever he might be, a rare ornament for their 'salons,' +and to many of these worthy noblemen it seemed desirable in any case to +be on a good footing with the Criminal Judge. + +"One of them had particular reason for this, Alexander von Mirescul, a +Roumanianised Greek; his property lay close to the Moldavian frontier +and passed for the head-quarters of the trade in tobacco smuggling. He +was not to be found out, and when I saw him for the first time, I +realized that that would be a difficult business; the little man with +his yellow, unctuous face seemed as if he consisted not of flesh and +bone, but of condensed oil. It was in his voice and manner. He was +manifestly much better educated and better mannered than the rest, as +he was also much more cunning and contemptible. I did not get rid of +this first impression for a long while, but at length he managed to get +me into his house; I gradually became more favourable to him as he was, +in one respect at least, an agreeable exception; he was a tolerably +educated man, his daughters were being brought up by a German governess +and he had a library of German books which he really read. I had such a +longing for the atmosphere of an educated household that one evening I +went to see him. + +"This evening influenced years of my life, or rather, as I have learnt +to-day, my whole life. I am no liar, George, and no fanciful dreamer, +it is the literal truth: I loved this girl from the first instant that +I beheld her." + +Berger looked up in astonishment. + +"From the first instant," Sendlingen repeated, and he struggled with +all speed through his next words. + +"I entered, Mirescul welcomed me: my eye swept over black and grey +heads, over well-known, sharp-featured, olive-faces. Only one was +unknown to me: the face of an exquisitely beautiful girl encircled by +heavy, silver-blond, plaited hair. Her slender, supple figure was +turned away from me, I could only see her profile; it was not quite +regular, the forehead was too high, the chin too peculiarly prominent; +I saw all that, and yet I seemed as if I had never seen a girl more +beautiful and my heart began to beat passionately. I had to tear my +looks away, and talk to the lady of the house, but then I stared again, +as if possessed, at the beautiful, white unknown who stood shyly in a +corner gazing out into the night. 'Our governess, Fraeulein Lippert,' +said Frau von Mirescul, quietly smiling as she followed the direction +of my looks. + +"'I know,' I answered nervously, almost impatiently; I had guessed that +at once. Frau von Mirescul looked at me with astonishment, but I had +risen and hurried over to the lonely girl: one of the most insolent of +the company, the little bald Popowicz, had approached her. I was, +afraid that he might wound her by some insulting speech. How should +this poor, pale, timorous child defend herself alone against such a +man? He had leant over her and was whispering something with his +insolent smile, but the next instant he started back as if hurled +against the wall by an invisible hand, and yet it was only a look of +those gentle, veiled, grey eyes, now fixed in such a cold, hard stare +that I trembled as they rested on me. But they remained fixed upon me +and suddenly became again so pathetically anxious and helpless. + +"At length I was beside her: I no longer required to defend her from +the elderly scamp, he had disappeared. I could only offer her my hand +and ask: 'Did that brute insult you?' But she took my hand and held it +tight as if she must otherwise have fallen, her eyelids closed in an +effort to keep back her tears. 'Thank you,' she stammered. 'You are a +German, are you not Baron Sendlingen? I guessed as much when you came +in! Oh if you knew!' + +"But I do know all, I know what she suffers in this 'salon,' and now we +begin to talk of our life among these people and our conversation flows +on as if it had been interrupted yesterday. We hardly need words: I +understand every sigh that comes from those small lips at other times +so tightly closed, she, every glance that I cast upon the assembly. But +my glances are only fugitive for I prefer looking straight into that +beautiful face so sweetly and gently attractive, although the mouth and +chin speak of such firm determination. She often changes colour, but it +is more wonderful that I am at times suddenly crippled by the same +embarrassment, while at the next moment I feel as if my heart has at +length reached home after years and years,--perhaps a life-time's +sojourn in a chill strange land. + +"An hour or more passed thus. We did not notice it; we did not suspect +how much our demeanour surprised the others until Mirescul approached +and asked me to take his wife in to supper. We went in; Hermine was not +there. 'Fraeulein Hermine usually retires even earlier,' remarked Frau +von Mirescul with the same smile as before. I understood her, and with +difficulty suppressed a bitter reply: naturally this girl of inferior +rank, whose father had only been a schoolmaster, was unworthy of the +society of cattle-merchants, horse-dealers and slave-drivers whose +fathers had been ennobled by Kaiser Franz! + +"After supper I took my leave. Mirescul hoped to see me soon again and +I eagerly promised: 'As soon as possible.' And while I drove home +through the snow-lit winter's night, I kept repeating these words, for +how was I henceforth to live without seeing her?" + +"After the first evening?" said Berger, shaking his head. "That was +like a disease!" + +"It was like a fatality!" cried Sendlingen. "And how is it to be +explained? I do not know! I wanted at first to show you her likeness, +but I have not done so, for however beautiful she may have been, her +beauty does not unsolve the riddle. I had met girls equally beautiful, +equally full of character before, without taking fire. Was it because I +met her in surroundings which threw into sharpest relief all that was +most charming in her, because I was lonelier than I had ever been +before, because I at once knew that she shared my feelings? Then +besides, I had not as a young fellow lived at high pressure. I had not +squandered my heart's power of loving; the later the passion of love +entered my life, the stronger, the deeper would be its hold upon me. + +"Reasons like these may perhaps satisfy you; me they do not. He who has +himself not experienced a miracle, but learns of it on the report of +another, will gladly enough accept a natural explanation; but to him +whose senses it has blinded, whose heart it has convulsed, to him it +remains a miracle, because it is the only possible conception of the +strange, overmastering feelings of such a moment. When I think of those +days and how she and I felt--no words can tell, no subtlest speculation +explain it. Look at it as you may, I will content myself by simply +narrating the facts. + +"And it is a fact that from that evening I was completely +metamorphosed. For two days I forced myself to do my regular duties, on +the third I went to Oronesti, to Mirescul's. The fellow was too cunning +to betray his astonishment, he brimmed over with pleasure and suggested +a drive in sleighs, and as the big sleigh was broken we had to go in +couples in small ones, I with Hermine. This arrangement was evident +enough, but how could I show surprise at what made me so blessed? Even +Hermine was only startled for a moment and then, like me, gave herself +up unreservedly to her feelings. + +"And so it was in all our intercourse in the next two weeks. We talked +a great deal and between whiles there were long silences; perhaps these +blissful moments of speechlessness were precisely the most beautiful. +During those days I scarcely touched her hand: we did not kiss one +another, we did not speak of our hearts: the simple consciousness of +our love was enough. It was not the presence of others that kept us +within these bounds; we were much alone; Mirescul took care of that." + +"And did that never occur to you?" asked Berger. + +"Yes, at times, but in a way that may be highly significant of the +spell under which my soul and senses laboured at the time. A man in a +mesmeric trance distinctly feels the prick of a needle in his arm; he +knows that he is being hurt; but he has lost his sense of pain. In some +such way I looked upon Mirescul's friendliness as an insult and a +danger, but my whole being was so filled with fantastic, feverish bliss +that no sensation of pain could have penetrated my consciousness." + +"And did you never think what would come of this?" + +"No, I could swear to it, never! I speculated as little about my love, +as the first man about his life: he was on the earth to breathe and to +be happy; of death he knew nothing. And she was just the same; I know +it from her letters later, at that time we did not write. And so we +lived on, in a dream, in exaltation, without a thought of the morrow." + +"It must have been a cruel awakening," said Berger. + +"Frightful, it was frightful!" He spoke with difficulty, and his looks +were veiled. "Immediately, in the twinkling of an eye, happiness was +succeeded by misery, the most intoxicating happiness by the most +lamentable, hideous misery.... One stormy night in March I had had to +stay at Mirescul's because my horses were taken ill, very likely +through the food which Mirescul had given them.... I was given a room +next to Hermine's. + +"On the next day but one--I was in my office at the time--the customs +superintendent of the neighbouring border district entered the room. He +was a sturdy, honourable greybeard, who had once been a Captain in the +army. 'We have caught the rascal at last,' he announced. 'He has +suddenly forgotten his usual caution. We took him to-night in the act +of unloading 100 bales of tobacco at his warehouses. Here he is!' + +"Mirescul entered, ushered in by two of the frontier guards. + +"'My dear friend!' he cried. 'I have come to complain of an unheard-of +act of violence!' + +"I stared at him, speechless; had he not the right to call me his +friend,--how often had I not called him friend in the last few weeks. + +"'Send these men away.' I was dumb. The superintendent looked at me in +amazement. I nodded silently, he shrugged his shoulders and left the +room with his officials. 'The long and the short of it is,' said +Mirescul, 'that my arrest was a misunderstanding: the officials can be +let off with a caution!' + +"'The matter must first be inquired into,' I answered at length. + +"'Among friends one's word is enough.' + +"'Duty comes before friendship.' + +"'Then you take a different view of it from what I do,' he answered +coming still closer to me. 'It would have been my duty to protect the +honour of a respectable girl living in my house as a member of the +family. It would now be my duty to drive your mistress in disgrace and +dishonour from my doors. I sacrifice this duty to my friendship!' + +"Ah, how the words cut me! I can feel it yet, but I cannot yet describe +it. He went, and I was alone with my wild remorse and helpless misery." + +Sendlingen rose and walked up and down excitedly. Then he stood still +in front of his friend. + +"That was the heaviest hour of my life, George--excepting the present. +A man may perhaps feel as helpless who is suddenly struck blind. The +worst torture of all was doubt in my beloved; the hideous suspicion +that she might have been a conscious tool in the hands of this villain. +And even when I stifled this thought, what abominations there were +besides! I should act disgracefully if for her sake I neglected my +duty, disgracefully if I heartlessly abandoned her to the vengeance of +this man! She had a claim upon me--could I make her my wife? My +oath to my dying father bound me, and still more, even though I did +not like to admit it, my ambition, my whole existence as it had been +until I knew her. My father's fate--my future ruined--may a man fight +against himself in this way? Still--'A Sendlingen can never be a +scoundrel'--and how altogether differently this saying affected me +compared to my father! He had only an offence to expiate, I had a +sacred duty to fulfil: he perhaps had only to reproach himself with +thoughtlessness--but I with dishonour. + +"And did I really love her? It is incomprehensible to me now how I +could ever have questioned it, how I could ever have had those hideous +doubts: perhaps my nature was unconsciously revenging herself for the +strange, overpowering compulsion laid on her in the last few weeks, +perhaps since everything, even the ugliest things, had appeared +beautiful and harmonious in my dream, perhaps it was natural, now that +my heart had been so rudely shaken, that even the most beautiful things +should appear ugly. Perhaps--for who knows himself and his own heart? + +"Enough! this is how I felt on that day and on the night of that day. +Oh! how I writhed and suffered! But when at last the faint red light of +early morning peeped in at my window, I was resolved. I would do my +duty as a judge and a man of honour: I would have Mirescul imprisoned, +I would make Hermine my wife. I no longer had doubts about her or my +love, but even if it had not been so, my conscience compelled me to act +thus and not otherwise, without regard to the hopes of my life. + +"I went to my chambers almost before it was day, had the clerk roused +from bed and dictated the record of the superintendent's information +and a citation to the latter. Then I wrote a few lines to Hermine, +begging her to leave Mirescul's house at once and to come to me. 'Trust +in God and me,' I concluded. This letter I sent with my carriage to +Oronesti; two hours later I myself intended to set out to the place +with gendarmes to search the house and arrest Mirescul. But a few +minutes after my coachman had left the court, the Jewish waiter from +the hotel of the little town brought me a letter from my dear one. 'I +have been here since midnight and am expecting you.' The lady looked +very unwell, added the messenger compassionately, and was no doubt ill. + +"I hastened to her. When she came towards me in the little room with +tottering steps, my heart stood still from pity and fear; shame, +remorse and despair--what ravages in her fresh beauty had they not +caused in this short space? I opened my arms and with a cry she sank on +my breast. 'God is merciful,' she sobbed. 'You do not despise me +because I have loved you more than myself: so I will not complain.' + +"Then she told me how Mirescul--she had kept her room for the two last +days for it seemed to her as if she could never look anyone in the face +again--had compelled her to grant him an interview yesterday evening. +He requested her to write begging me to take no steps against him, +otherwise he would expose and ruin us both. 'Oh, how hateful it was!' +she cried out, with a shudder. 'It seemed to me as if I should never +survive the ignominy of that hour. But I composed myself; whatever was +to become of me, you should not break your oath as Judge. I told him +that I would not write the letter, that I would leave his house at +once, and when he showed signs of detaining me by force, I threatened +to kill myself that night. Then he let me go,--and now do you decide my +fate: is it to be life or death!' + +"'You shall live, my wife,' I swore, 'you shall live for me.' + +"'I believe you,' said she, 'but it is difficult. Oh! can perfect +happiness ever come from what has been so hideously disfigured!' + +"I comforted her as well as I could, for my heart gave utterance to the +same piteous question. + +"Then we took counsel about the future; she could not remain in +Suczawa: we could see what vulgar gossip there would be even without +this. So we resolved that she should go to the nearest large town, to +Czernowitz, and wait there till our speedy marriage. With that we +parted: it was to have been a separation for weeks and it proved to be +for a lifetime: I never saw the unhappy girl again. + +"How did it come about that I broke my oath? There is no justification +for it, at best but an explanation. I do not want to defend myself +before you any more than I have done: I am only confessing to you as I +would to a priest if I were a believer in the Church. + +"A stroke of fate struck me in that hour of my growth, I might have +overcome it but now came its pricks and stabs. When I left Hermine to +return to my chambers, I met the customs superintendent. I greeted him. +'Have you received my citation?' I asked. He looked at me +contemptuously and passed on without answering. 'What does this mean?' +cried I angrily, catching hold of his arm. + +"'It means,' he replied, shaking himself loose, 'that in future I shall +only speak to you, even on official matters, when my duty obliges me. +That, for a time, is no longer necessary. You released Mirescul +yesterday, you did not record my depositions. Both were contrary to +your duty: I have advised my superiors in the matter and await their +commands.' + +"He passed on; I remained rooted to the spot a long while like one +struck down; the honourable man was quite right! + +"But I roused myself; now at least I would neglect my duty no longer. +Scarcely, however, had I got back to my chambers, when my colleague, +the Civil-Judge entered; he was as usual not quite sober, but it was +early in the day and he had sufficient control of his tongue to insult +me roundly. 'So you are really going to Oronesti,' he began. 'I should +advise you not, the man[oe]uvre is too patent. After twenty-four hours +nothing will be found, as we set about searching the house just to show +our good intentions--eh?' + +"'I don't require to be taught by you,' I cried flaring up. + +"'Oh, but, perhaps you do, though!' he replied. 'I might for instance +teach you something about the danger of little German blondes. But--as +you like--I wish you every success!' + +"Smarting under these sensations, I drove to Oronesti. Mirescul met me +in the most brazen-faced way; he protested against such inroads +undertaken from motives of personal revenge. And he added this further +protest to his formal deposition; he would submit to examination at the +hands of any Judge but me who had yesterday testified that the +accusation was a mistake and promised to punish the customs officials, +and to-day suddenly appeared on the scene with gendarmes. Between +yesterday and to-day nothing had happened except that he had turned my +mistress out of his house, and surely this act of domestic propriety +could not establish his guilt as a smuggler. You know, George, that I +was obliged to take down his protest--but with what sensations! + +"The search brought to light nothing suspicious; the servants, carters, +and peasants whom I examined had all been evidently well-drilled +beforehand. I had to have Mirescul arrested: were there not the bales +of tobacco which the superintendent had seized? Not having the ordinary +means of transit at night, he had had them temporarily stored in one of +the parish buildings at Oronesti under the care of two officials. I now +had them brought at once to the town. + +"When I got back to my chambers in the evening and thought over the +events of this accursed day, and read over the depositions in which my +honour and my bride's honour were dragged in the mire, I had not a +single consolation left except perhaps this solitary one, that my +neglect would not hinder the course of justice, for the smuggled wares +would clearly prove the wretch's guilt. + +"But even this comfort was to be denied me. The next morning Mirescul's +solicitor called on me and demanded an immediate examination of the +bales: his client, he said, maintained that they did not contain +smuggled tobacco from Moldavia, but leaf tobacco of the country grown +by himself and other planters, and which he was about to prepare for +the state factories. The request was quite legitimate; I at once +summoned the customs superintendent as being an expert; the old man +appeared, gruffly made over the documents to my keeping and accompanied +us to the cellars of the Court house where the confiscated goods had +been stored. When his eye fell on them he started back indignantly, +pale with anger: 'Scandalous!' he cried, 'unheard of! These bales are +much smaller--they have been changed!' + +"'How is it possible?' + +"'You know that better than I do,' he answered grimly. + +"The bales were opened; they really contained tobacco in the leaf. My +brain whirled. After I had with difficulty composed myself, I examined +the two officials who had watched the goods at Oronesti; the exchange +could only have been effected there; the men protested their innocence; +they had done their duty to the best of their ability; certainly this +was the third night which they had kept watch although the +Superintendent, before hurrying to the town, had promised to release +them within a few hours. This too I had to take down; the proof namely +that my hesitation in doing my duty had not been without harm. And now +my conscience forbade me to arrest Mirescul, although by not doing so, +I only made my case worse. + +"So things stood when two days later an official from Czernowitz +circuit arrived in Suczawa to inquire into the case. You know him +George; he was a relation of yours, Matthias Berger, an honest, +conscientious man. 'Grave accusations have been made against you,' he +explained, 'by Mirescul's solicitor, by the Civil Judge and by the +Customs Superintendent, But they contradict each other: I still firmly +believe in your innocence: tell me the whole truth.' + +"But that I could not do: I could not be the means of dragging my +bride's name into legal documents, even if I were otherwise to be +utterly ruined. So in answer to the questions why I had delayed +twenty-four hours, I could only answer that an overwhelming private +matter had deprived me of the physical strength to attend to my duties. +With regard to Hermine, I refused to answer any questions. Berger shook +his head sadly; he was sorry for me, but he could not help me. He must +suspend me from my functions while the inquiry lasted and appoint a +substitute from Czernowitz: moreover he exacted an oath from me not to +leave the place without permission of the Court. Mirescul was let out +on bail. + +"A fortnight went by. It clings to my memory like an eternity of grief +and misery. I have told you what I strove for and hoped for, you will +be able to judge how I suffered. Four weeks before I was one of the +most rising officers of the State: now I was a prisoner on parole, +oppressed by the scorn and spite of men, held up to the ignominy of all +eyes. I dared hope nothing from my relations, least of all from my +uncle, Count Warnberg: I knew that he would not save me so that I might +marry a governess about whom--Mirescul and his friends took care of +that--there were the ugliest reports in circulation. And you will +consider it human, conceivable, that every letter of Hermine's was a +stab in my heart. + +"She wrote daily. When she spoke of her feelings during our brief span +of joy, it seemed to me as if she depicted my own innermost +experiences. This at least gave me the consolation of knowing that I +was not tied to an unworthy woman: but the bonds were none the less +galling and cut into the heart of my life. Only rarely, very gently, +and therefore with a twofold pathos, did she complain of her fate; but +her grief on my account was wild and passionate; she had heard of my +plight but not through me. I sought to comfort her as well as I might; +but ah me! there was no word of release or deliverance: how could I +have broached it, how have claimed it from her? + +"One day there came her usual letter; it was written with a visibly +trembling hand. My uncle had been to see her; he was hurrying from +Lemberg in great anxiety to see me, and had stopped at Czernowitz to +treat with her of the price for which she would release me. In every +line there was the deepest pathos; she had shown him the door. + +"'He will implore you to leave me,' she concluded; 'act as your +conscience bids you. And I will tell you something that I refused to +tell Count Warnberg; he asked me whether I had another, a more sacred +claim upon you. I don't know, Victor, but as I understand our bond in +which I live and suffer, that does not affect it; if you will not make +me your wife for my own sake, neither could regard for the mother of +your child be binding on you!' + +"Two hours after I received this letter, my uncle arrived. I was +terrified at the sight of him, his face was so dark, and hard, and +strange. My father had once said to me shortly before his death: 'Take +care never to turn that iron hand against you; it would crush you as it +has crushed me.' I had never before understood these words, indeed I +had completely forgotten them, but now they came back to me and I +understood them before my uncle opened his mouth. + +"'Tell your story,' he began, and his voice sounded to me as if I had +never heard it before. 'Tell the whole truth. This at least I expect of +you. You surely don't wish to sink lower than--than another member of +your family. A Sendlingen has at all events never lied! Now tell your +story.' + +"I obeyed: he was told what you have just been told, though no doubt it +sounded different; confused, passionate and scarcely intelligible. But +he understood it; he had no single question to ask after I had +finished. + +"'The same story as before,' he said, 'but uglier, much uglier. The +father only sullied his coat of arms, the son his judge's honour as +well.' + +"I fired up. I tried to defend myself, he would not allow it. 'Tirades +serve no good purpose,' he said, coldly. 'You wish to convince me that +you were not in criminal collusion with Mirescul? I have never thought +so. That he is really guilty and can be convicted in spite of your +neglect of duty? I have been through the papers and have just +cross-examined the customs superintendent. The police are already on +the way to re-arrest him; he will be put in prison. But your fault will +be none the less in consequence; if there is no lasting stigma on the +administration of justice, there is upon your honour. Your conduct in +this man's house, your hesitation,--it would be bad for you if you had +to suffer what you have merited! According to justice and the laws, +your fate is sealed; it is only a question whether you will prove +yourself worthy of pardon and pity!' + +"'In anything that you may ask,' I answered, 'except only in one thing: +Hermine is to be my wife. A Sendlingen can never be a scoundrel.' + +"He drew himself up to his full height and stepped close up to me. 'Now +listen to me, Victor, I will be brief and explicit. Whether you stain +your honour by marrying this girl, or whether you do so by not marrying +her, the all-just God above us knows. We, His creatures, can only judge +according to our knowledge and conscience, and in my judgment, the girl +is unworthy of you. In this matter there is your conviction against my +conviction. But what I do know better than you is, that this marriage +would load you with ignominy before the whole world! You will perhaps +answer: better the contempt of others than self-contempt, but that is +not the question. If you marry this girl, I am as sure as I am of my +existence, that you will soon be ashamed of it, not only before others +but in your own heart. For pure happiness could not come of such a +beginning--it is impossible. The gossip of the world, the ruin of your +hopes, would poison your mind and hers,--you would be wretched yourself +and make her wretched, and would at length become bad and miserable. +The man who forgets his duty to himself and to the world for a matter +of weeks and then recovers himself, is worthy of commiseration and +help; but he who is guilty of a moral suicide deserves no pity. And +therefore listen to me and choose. If you marry this girl your +subsequent fate is indifferent to me; you will very likely be stripped +of your office; or in the most favourable event, transferred, by way of +punishment, to some out of the way place where your father's fate may +be repeated in you. If you give her up you may still be saved, for +yourself, for our family and for the State: then I will do for you, +what my conscience would allow me to do for any subordinate of whose +sincere repentance I was convinced, and I will intercede for the +Emperor's pardon as if you were my own son. To-morrow I return to +Lemberg, whether alone or with you--you must decide by to-morrow.' He +went." + +Sendlingen paused. "How I struggled with myself," he began again, but +his voice failed him, until at length he gasped forth with hollow voice +and trembling lips: "Oh! what a night it was! The next morning I wrote +a farewell letter to Hermine, and started with Count Warnberg to +Lemberg." + +Then there followed a long silence. At length Berger asked: "You did +not know that she bore your child in her bosom?" + +"No, I know it to-day for the first time. In that last letter of mine I +had offered her a maintenance: she declined it at once. Then I left +that part of the country. A few months later I inquired after her; I +could only learn that she had disappeared without leaving a trace. And +then I forgot her, I considered that all was blotted out and washed +away like writing from a slate, and rarely, very rarely, in the dusk, +or in a sleepless night, did the strange reminiscence recur to me. But +Fate keeps a good reckoning--O George! I would I were dead!" + +"No, no!" said Berger with gentle reproof. He was deeply moved, his +eyes glistened with tears, but he constrained himself to be composed. +"Thank God, you are alive and willing, and I trust able to pay your +debt. How great this debt may be--or how slight--I will not determine. +Only one thing I do know: you are, in spite of all, worthy of the love +and esteem of men, even of the best men, of better men than I am. When +I think of it all; your life up to that event and what it has been +since, what you have made of your life for yourself and others, then +indeed it overcomes me and I feel as if I had never known a fate among +the children of men more worthy of the purest pity. This is no mere sad +fate, it is a tragic one. Against the burden of such a fate, no parade +of sophistry, no petty concealments or prevarications will be of avail. +You say it is against your feelings to preside at to-morrow's trial?" + +"Yes," replied Sendlingen. "It seems to me both cowardly and +dishonourable; cowardly, to sacrifice the law instead of myself, +dishonourable to break my Judge's oath! But I shrink from doing so for +another reason; an offence should not be expiated by an injustice; I +dread the all-just Fates." + +"I cannot gainsay you," said Berger rising. "But in this one thing we +are agreed. Let us wait for the verdict, and then we will consider what +your duty is. It is long past midnight, the trial will begin in seven +hours. I will try and get some sleep. I shall need all my strength +to-morrow. Follow my example, Victor, perhaps sleep may be merciful to +you." + +He seized his friend's hands and held them affectionately in his; his +feelings again threatened to overcome him and he hastily left the room +with a choking farewell on his lips. + +Sendlingen was alone. After brooding awhile, he again went to the +secret drawer of his writing-table. At this moment the old servant +entered. "We will go to bed now," he said. "We will do it out of pity +for ourselves, and Fraeulein Brigitta, and me!" + +His look and tone were so beseeching that Sendlingen could not refuse +him. He suffered himself to be undressed, put out the lamp, and closed +his eyes. But sleep refused to visit his burning lids. + + + + + CHAPTER V. + + +When the grey morning appeared, he could no longer endure to lie +quietly in his bed while his soul was tormented with unrest, he got up, +dressed himself, left his room and went out of doors. + +It was a damp, cold, horrid autumn morning: the fog clung to the houses +and to the uneven pavement of the old town: a heavy, yellow vapor, the +smoke of a factory chimney kept sinking down lower and lower. The +lonely wanderer met few people, those who recognized him greeted him +respectfully, he did not often acknowledge the greeting and when he +did, it was unconsciously. Most of them looked after him in utter +astonishment; what could have brought the Chief Justice so early out of +doors? It seemed at times as if he were looking for something he had +lost; he would walk along slowly for a stretch with his looks fixed on +the ground, then he would stop and go back the same way. And how broken +down, how weary he looked today!--as if he had suddenly become an old +man, the people thought. + +Freezing with cold, while his pulses beat at fever-speed, he thus +wandered for a long while aimlessly through the desolate streets, first +this way, then that, until the morning bells of the Cathedral sounded +in his ears. He stood still and listened as if he had never heard their +mighty sound before; they appeared to vibrate in his heart; his +features changed and grew gentler as he listened; a ray of tender +longing gleamed in his white face, and, as if drawn by invisible cords, +he hurried faster and faster towards the Cathedral. But when he stood +before its open door and looked into the dark space, lit only by a dim +light, the sanctuary lamp before the high-altar, he hesitated; he shook +his head and sighed deeply, and his features again resumed their +gloomy, painful look. + +He looked up at the Cathedral clock, the hands were pointing to seven. +"An hour more," he murmured and went over towards the Court-House. It +was a huge, straggling, rectangular building, standing on its own +ground. In front were the Chief Justice's residence and the offices; at +the back the criminal prison. + +He turned towards his own quarters. He had just set his foot on the +steps, when a new idea seemed to occur to him. He hesitated. "I must," +he hissed between his teeth and he clenched his hands till the nails +ran painfully into the flesh; "I must, if only for a minute." + +He stepped back into the street, went around the building and up to the +door at the back. It was locked; there was a sentinel in front of it. +He rang the bell, a warder opened the door and seeing the Chief Justice +respectfully pulled off his hat. + +"Fetch the Governor," muttered Sendlingen, so indistinctly that the man +hardly understood him. But he hurried away and the Governor of the +prison appeared. He was visibly much astonished. "Does your Lordship +wish to make an inspection?" he asked. + +"No, only in one or two particular cases." + +"Which are they, my lord?" + +But the unhappy man felt that his strength was leaving him. "Later on," +he muttered, groping for the handle of the door so as to support +himself. "Another time." + +The Governor hastened towards him. "Your Lordship is ill again--just as +you were yesterday--we are all much concerned! May I accompany you back +to your residence? The nearest way is through the prison-yard, if you +choose." + +He opened a door and they stepped out into the prison-yard; it was +separated by a wall from the front building; the only means of +communication was an unostentatious little door in the bare, high, +slippery wall. It seemed to be seldom used; the Governor was a long +time finding the key on his bunch and when at length it opened, the +lock and hinges creaked loudly. + +"Thank you," said Sendlingen. "I have never observed this means of +communication before." + +"Your predecessor had it made," answered the Governor, "so that he +might inspect the prison without being announced. The key must be in +your possession." + +"Very likely," answered Sendlingen, and he went back to his residence. + +Franz placed his breakfast before him. "There'll be a nice ending to +this," he growled. "We are dangerously ill and yet we trapse about the +streets in all weathers. Dr. Berger, too, is surprised at our new +ways." + +"Has he been here already?" + +"He was here a few minutes ago, but will be back at eight.... But now +we have got to drink our tea." He did not budge till the cup had been +emptied. + +With growing impatience Sendlingen looked at the clock. "He can have +nothing fresh to say," he thought. "He must guess my intention and want +to hinder me. He will not succeed." + +But he did succeed. As he entered, Sendlingen had just taken up his hat +and stick. + +"You are going to the trial?" began his faithful friend almost roughly, +"You must not, Victor, I implore you. I forbid you. What will the +judges think if you are too ill to preside, and yet well enough to be +present with no apparent object. But the main thing is not to torment +yourself, it is unmanly. Do not lessen your strength, you may require +it." + +He wrested his hat from him and forced him into an armchair. + +"My restlessness will kill me if I stay here," muttered Sendlingen. + +"You would not be better in there, but worse. I shall come back to you +at once; I think, I fear, it will not last long. Don't buoy yourself up +with any hopes, Victor. Before a jury, I could get her acquitted, with +other judges, at a different time, we might have expected a short term +of imprisonment ... but now----" + +"Death!" Like a shriek the words escaped from his stifled breast. + +"But she may not, she will not die!" continued Berger. "I will set my +face against it as long as there is breath in my body, nay, I would +have done so even if she had not been your daughter. God bless you, +Victor." + +Berger gathered up his bundle of papers and proceeded along the +corridor and up some stairs, until he found himself outside the court +where the trial was to take place. Even here a hum of noise reached +him, for the court was densely crowded with spectators. As far as he +could see by the glimmer of grey morning light that broke its difficult +way in by the round windows, it was a well-dressed audience in which +ladies preponderated. "Naturally," he muttered contemptuously. + +For a few seconds eye-glasses and opera-glasses were directed upon him, +to be then again immediately turned on the accused. But her face could +not be seen; she was cowering in a state of collapse on her wooden +seat, her forehead resting on the ledge of the dock; her left arm was +spread out in front of her, her right hung listlessly by her side. +Public curiosity had nothing to sate itself on but the shudders +that at times convulsed her poor body; one of the long plaits of her +coal-black, wavy hair had escaped from beneath the kerchief on her head +and hung down low, almost to the ground, touching the muddy boots of +the soldier who did duty as sentinel close beside her. + +Berger stepped to his place behind her; she did not notice him until he +gently touched her icy cold hand. "Be brave, my poor child," he +whispered. + +She started up in terror. "Ah!" went from every mouth in Court: now at +length they could see her face. Berger drew himself up to his full +height; his eyes blazed with anger as he stepped between her and the +crowd. + +"Oh, what crowds of people!" murmured the poor girl. Her cheeks and +forehead glowed in a fever-heat of shame: but the colour soon went and +her grief-worn face was white again; the look of her eyes was weary and +faint. "To think that one should have to suffer so much before dying." + +"You will not die!" He spoke slowly, distinctly, as one speaks to a +deaf person. "You will live, and after you have satisfied the justice +of men, you will begin life over again. And when you do friendship and +love will not be wanting to you." While he was saying this, and at the +same time looking her full in the face, her resemblance to his friend +almost overpowered him. She was like her father in the colour of her +hair and eyes, in her mouth and her forehead. + +"Love and care are waiting for you!" he continued with growing warmth. +"This I can swear. Do you hear? I swear that it is so! As regards the +trial, I can only give you this advice: tell, as you have hitherto +done, the whole truth. Bear up as well as you can; oppose every lie, +every unjust accusation." + +She had heard him without stirring, without a sign of agreement or +dissent. It was doubtful whether she had understood him. But he had not +time to repeat his admonition; the Crown-advocate and the five Judges +had entered with Werner at their head. If Berger had hitherto cherished +any hope, it must have vanished now; two of the other Judges were among +the sternest on the bench; the fourth never listened and then always +chimed in with the majority; it was but a slender consolation to Berger +when he finally saw the wise and humane Baron Dernegg take his place +beside the judges. + +Werner opened the proceedings and the deed of accusation was then read +out by the Secretary of the Court. Its compiler--a young, fashionably +dressed junior Crown-advocate of an old aristocratic family, who had +only been in the profession a short time,--listened to the recital of +his composition with visible satisfaction. And indeed his +representation of the matter was very effective. + +According to him the Countess Riesner-Graskowitz was one of the noblest +women who ever lived, the Accused one of the most abandoned. A helpless +orphan, called by unexampled generosity to fill a post which neither +her years nor abilities had fitted her for, she had requited this +kindness by entangling the young Count Henry in her wiles in order to +force him into a marriage. After he had disentangled himself from these +unworthy bonds, and after Victorine Lippert knew her condition, instead +of repentantly confiding in her noble protectress, she had exhausted +all the arts of crafty dissembling in order not to be found out. And +when at length she was, as a most just punishment, suddenly dismissed +from the castle, she in cold blood murdered her child so as to be free +from the consequences of her fault. In his opinion, the Accused's +pretended unconsciousness was a manifest fable, and the crime a +premeditated one, as her conduct at the castle sufficiently proved. Her +character was not against the assumption, she was plainly corrupted at +an early age, being the daughter of a woman of loose character. + +"It is a lie! a scandalous lie!" + +Like a cry from the deepest recesses of the heart, these words suddenly +vibrated through the Court with piercing clearness. + +It was the Accused who had spoken. She had listened to the greatest +part of the document without a sound, without the slightest change of +countenance, as if she were deaf. Only once at the place where it spoke +of "manifest fable" she had gently and imperceptibly shaken her head; +it was the first intimation Berger had that she was listening and +understood the accusation. But now, hardly had the libel on her dead +mother been read, when she rose to her feet and uttered those words so +suddenly that Berger was not less motionless and dumfounded than the +rest. + +And then broke forth the hubbub; such an interruption, and in such +language, had never before occurred in Court. The spectators had risen +and were talking excitedly; the crown-advocate stood there helplessly; +even Herr von Werner had to clear his throat repeatedly before he could +ejaculate "Silence!" + +But the command was superfluous for hardly had the poor girl uttered +the words, when she fell back upon her seat, from thence to the ground, +and was now lying in a faint on the boards. + +She was carried out; it was noticed by many and caused much scandal, +that the counsel for the Accused lifted the lifeless body and helped +carry it, instead of leaving this to the warders. + +The proceedings had to be interrupted. It was another half hour before +the Accused appeared in Court again, leaning on Berger's arm, her +features set like those of an animated corpse. There was a satirical +murmur in the crowd, and Werner, too, reflected whether he should not, +there and then, reprove the Counsel for unseemly behaviour. And this +determined him to be all the severer in the reprimand which he +addressed to the Accused on account of her unheard of impertinence. She +should not escape her just punishment, the nature and extent of which +he would determine by the opinion of the prison-doctor. + +Then the reading of the deed of accusation was finished; the +examination began. There was a murmur of eager expectation among the +spectators; their curiosity was briefly but abundantly satisfied. To +the question whether she pleaded guilty, Victorine Lippert answered +quietly but with a steadier voice than one would have supposed her +capable of: + +"Yes!... What I know about my deed, I have already told in evidence. I +deserve death, I wish to die. It is a matter of indifference to one +about to die what men may think of her; God knows the truth. He knows +that much, yes most, of what has just been read here, is incorrect. I +do not contest it, but one thing I swear in the face of death, and may +God have no mercy on me in my last hour if I lie; my mother was noble +and good; no mother can ever have been better and no wife more pure. +She trusted an unworthy wretch, and he must have been worse than ever +any man was, if he could forsake her--but she was good. I implore you, +read her testimonials, her letters to me--I beseech you, I conjure you, +just a few of these letters.-For myself I have nothing to ask--" + +Her voice broke, her strength again seemed to forsake her and she sank +down on her seat. + +There was a deep silence after she had ended: in her words, in her +voice, there must have been something that the hearts of those present +could not shut out; even the crown-advocate looked embarrassed. Herr +von Werner alone was so resolutely armed to meet the Hydra of the +social Revolution, which he was bent on combating in this forlorn +creature, as to be above all pity. He would certainly have begun a +wearisome examination and have spared the poor creature no single +detail, but his daughter was expecting a happy event to-day, and Baron +Sendlingen had, notwithstanding, not had sufficient professional +consideration to take over the conduct of this trial, and the half +hour's faint of the Accused had already unduly prolonged the +proceedings--so he determined to cut the matter as short as was +compatible with his position. The accused had just again unreservedly +repeated her confession; further questions, he explained, would be +superfluous. + +The examination of the witnesses could be proceeded with at once. This +also was quickly got through. There were the peasants, who had found +Victorine and her lifeless child on the morrow of the deed, and the +prison doctor, none of whom could advance any fresh or material fact. + +The only witness of importance to the Accused was the servant-girl who +had helped her in her last few months at the castle. The girl had been +shortly after dismissed from the Countess' service, and in the +preliminary inquiry, she had confirmed all Victorine's statements; if +she to-day remained firm to her previous declarations, the accusation +of premeditated murder would be severely shaken. To Berger's alarm she +now evasively answered that her memory was weak,--she had in the +meantime gone into service at Graskowitz again. In spite of this and of +the protest of the defence, she was sworn: Berger announced his +intention of appealing for a nullification of the trial. + +Then the depositions of the Countess and her son were read; the Court +had declined to subp[oe]na them. The Countess had not spared time or +trouble in depicting the murderess in all her abandonment; but the +depositions which Count Henry had made at his embassy, were brief +enough: as far as he recollected he had made the girl no promise of +marriage, and indeed there was no reason for doing so. Berger demanded, +as proof to the contrary, that the letters which had been taken from +the Accused and put with the other papers, should he read aloud; this +the Court also declined because they did not affect the question of her +guilt. + +Then followed the speeches for and against. The Crown-Advocate was +brief enough: the trial, he contended, had established the correctness +of the charge. If ever at all, then in the present case, should the +full rigour of the law be enforced. By her protestation that she had +received a most careful bringing up from a most excellent mother, she +had herself cut from under her feet the only ground for mitigation. All +the more energetically and fully did Berger plead for the utmost +possible leniency; his knowledge of law, his intellect and his +oratorical gifts had perhaps never before been so brilliantly +displayed. When he had finished, the people in Court broke out into +tumultuous applause. + +The Judges retired to consider their verdict. They were not long +absent; in twenty minutes they again appeared in Court. Werner +pronounced sentence: death by hanging. The qualification of "unanimous" +was wanting. Baron Dernegg had been opposed to it. + +There was much excitement among the spectators. Berger, although not +unprepared for the sentence, could with difficulty calm himself +sufficiently to announce that every form of appeal would be resorted +to. The Accused had closed her eyes for a moment and her limbs trembled +like aspen-leaves, but she was able to rise by herself to follow the +warders. + +"Thank you," she said pressing Berger's hands. "But the appeal----" + +"Will be lodged by me," he said hastily interrupting her. "I shall come +and see you about it to-day." + +He hurried away down the stairs. But when he got into the long corridor +that led to Sendlingen's quarters, he relaxed his pace and at length +stood still. "This is a difficult business," he murmured and he stepped +to a window, opened it and eagerly drank in the cool autumn air as if +to strengthen himself. + +When a few minutes after he found himself in Sendlingen's lobby, he met +Baron Dernegg coming out of his friend's study. + +"Too late!" he thought with alarm. "And he has had to hear it from some +one else." + +The usually comfortable-looking Judge was much excited. "You are no +doubt coming on the same errand, Dr. Berger," he began. "I felt myself +in duty bound to let the Chief Justice know about this sentence without +delay. The way in which he received it showed me once more what a +splendid man he is, the pattern of a Judge, the embodiment of Justice! +I assure you, he almost fainted, this--hm!--questionable sentence +affected him like a personal misfortune. Please do not excite him any +more about it and talk of something else first." + +"Certainly," muttered Berger as he walked into the study. + +Sendlingen lay back in his arm-chair, both hands pressed to his face. +His friend approached him without a word; it was a long, sad silence. +"Victor," he said at last, gently touching his shoulder, "we knew it +would be so!" + +Sendlingen let his hands fall. "And does that comfort me?" he cried +wildly. And then he bowed his head still lower. "Tell me all!" he +murmured. + +Berger then began to narrate everything. One thing only he omitted: how +Victorine had spoken of her mother's betrayer. "This very day," he +concluded, "I shall lodge a nullity appeal with the Supreme Court. +Perhaps it will consider the reasons weighty enough to order a new +trial; in any case when it examines the question, it will alter the +sentence." + +"In any case?" cried Sendlingen bitterly. + +"We cannot but expect as much from the sense of justice of our highest +Judges. Perhaps the chief witness's suspicious weakness of memory may +prove a lucky thing for us. If she had stuck by her former depositions, +or if the Court had not put her on her oath, then a simple appeal to +the Supreme Court would alone have been possible. Now, the case is more +striking and more sensational." + +"And therefore all the worse!" interrupted Sendlingen. "Woe to him for +whom in these days the voice of the people makes itself heard; to the +gentry in Vienna it is worse than the voice of the devil. Besides, just +now, according to the opinion of the Minister of Justice, the world is +to be rid of child-murder by the offices of the hangman! And this is +the first case in educated circles, a much talked of case,--what a +magnificent opportunity of striking terror!" + +"You take too black a view of the matter, Victor." + +"Perhaps!--and therefore an unjust view! But how can a man in my +position be just and reasonable. Oh, George, I am so desolate and +perplexed! What shall I do; merciful Heaven, what shall I do?" + +"First of all--wait!" answered Berger. "The decision of the Supreme +Court will be known in a comparatively short time, at latest in two +months!" + +"Wait--only two months!" Sendlingen wrung his hands. "Though what do I +care for myself! But she--two months in the fear of death! To sit thus +in a lonely cell without light or air, or consolation,--behind her +unutterable misery, before her death----. Oh, she must either go mad or +die!" + +"I shall often be with her, and Father Rohn, too, I hope. And then, +too," he added, half-heartedly, "one or other of the ladies of the +Women's Society for Befriending Female Criminals. Certainly these +comforters are not worth much." + +"They are worth nothing," cried Sendlingen vehemently. "Oh, how +they will torture the poor girl with their unctuous virtue and +self-satisfied piety! I have to tolerate these tormentors, the Minister +of Justice insists on it, but at least they shall not enter this cell, +I will not allow it--or at least, only the single one among them who is +any good, my old Brigitta----" + +"Your housekeeper?" asked Berger, in perplexity and consternation. +"That must not be! She might guess the truth. The girl!" he hesitated +again--"is like you, very like you Victor--and anyone who sees you so +often and knows you so well as Brigitta----" + +"What does that matter?" Sendlingen rose. "She is discreet, and if she +were not--what does it matter, I repeat. Do you suppose that I never +mean to enter that cell?" + +"You! Impossible!" + +"I shall and I must! I will humour you in everything except in this one +thing!" + +"But under what pretext? Have you ever visited and repeatedly visited +other condemned criminals?" + +"What does that matter to me? A father must stand by his child!" + +"And will you tell other people so?" + +"Not until I am obliged; but then without a moment's hesitation. She, +however, must be told at once, in fact this very day." + +"You must not do that, Victor. Spare the poor girl this sudden +revelation." + +"Then prepare her beforehand! But to-morrow it must be!" + +Berger was helpless; he knew what Victorine would say to her father if +she suddenly encountered him. + +"Give her a little more time!" he begged, "Out of pity for her +shattered nerves and agitated mind, which will not bear any immediate +shock." + +This was a request that Sendlingen could not refuse. + +"Very well, I will wait," he promised. "But you will not wish to +prevent me from seeing her to-morrow. I have in any case to inspect the +prison. But I promise you: I will not betray myself and the governor of +the jail shall accompany me." + + + + + CHAPTER VI. + + +Weighed down by sorrow, Berger proceeded homewards. To the solitary +bachelor Sendlingen was more than a friend, he was a dearly loved +brother. He was struck to the heart, as by a personal affliction, with +compassion for this fate, this terrible fate, so suddenly and +destructively breaking in upon a beneficent life, like a desolating +flood. + +Would this flood ever subside again and the soil bring forth flowers +and fruit? The strong man's looks darkened as he thought of the future: +worse than the evil itself seemed to him the manner in which it +affected his friend. Alas! how changed and desolated was this splendid +soul, how hopeless and helpless this brave heart! And it was just their +last interview, that sudden flight from the most melancholy +helplessness to the heights of an almost heroic resolve, that gave +Berger the greatest uneasiness. + +"And it will not last!" he reflected with much concern. "Most certainly +it will not! Perhaps even now, five minutes after, he is again lying +back in his arm chair, broken down, without another thought, another +feeling, save that of his misery! And could anything else be expected? +That was not the energetic resolve of a clear, courageous soul, but the +diseased, visionary effort of feverishly excited nerves! Again he does +not know whether he will see her or what he ought to do.... And do I +know, would any one know in the presence of such a fate?" + +Had he deserved this fate? + +"No!" cried Berger to himself. "No!" he passionately repeated as he +paced up and down his study, trying to frame the wording of the appeal. +Clumsy and uncouth, blind and cruel, seemed to him the power that had +ordered things as they had come about. It seemed no better than some +rude elemental force. "He can no more help it," he muttered, "than the +fields can help a flood breaking in upon them." + +But he could not long maintain this view, comforting as it was to him, +much as he strove to harbour it. "He has done wrong," he thought, "and +retribution is only the severer because delayed." Other cases in his +experience occurred to him: long concealed wrongs and sins that had +afterwards come into the light of day, doubly frightful. "And such +offences increase by the interest accruing until they are paid," he was +obliged to think. From the moment that he heard his friend's story, all +the facts it brought to light seemed to him like the diabolical sport +of chance; but now he no longer thought it chance but in everything saw +necessity, and he was overcome by the same idea to which he had given +voice at the conclusion of his friend's narration, namely that this was +no mere sad fate, but a tragic one. + +It was a singular idea, compounded of fear and reverence. When Berger +reflected how one act dovetailed into another, how link fitted into +link in the chain of cause and effect, how all these people could not +have acted otherwise than they were obliged to act, how guilt had of +necessity supervened, and now retribution, the strong man shuddered +from head to foot: he had to bow his head before that pitiless, +all-just power for which he knew no name ... But was it really +all-just? If all these people, if Sendlingen and Victorine had not +acted otherwise than their nature and circumstances commanded, why had +they to suffer for it so frightfully? And why was there no end to this +suffering, a great, a liberating, a redeeming end? + +"No!" cried an inward voice of his deeply agitated soul, "there must be +such a glorious solution. It cannot be our destiny to be dragged into +sin by blind powers which we cannot in any way control, like puppets by +the cords in a showman's hands, and then again, when it pleases those +powers, into still greater sins, or into an atonement a thousand times +greater than the sin itself, and so, on and on, until death snaps the +cords. No! that cannot be our destiny, and if it were, then we should +be greater than this Fate, greater, juster, more reasonable! There must +be in Sendlingen's case also, a solution bringing freedom, there +_must_--and in his case precisely most of all! It would have been an +extraordinary fate, no matter whom it had overtaken, but had it +befallen a commonplace man, it would never have grown to such a +crushing tragedy. A scoundrel would have lied to himself: 'She is not +my daughter, her mother was a woman of loose character,' and he would +have repeated this so often that he would have come to believe it. And +if remorse had eventually supervened, he would have buried it in the +confessional or in the bottle. + +"Another man, no scoundrel,--on the contrary! a man of honour of the +sort whose name is Legion,--would not have hesitated for a moment to +preside in Court in order to obtain by his authority as Chief Justice, +the mildest possible sentence. Then he would have been assiduous in +ameliorating the lot of the prisoner by special privileges, and after +she had been set at liberty, he would have bought her, somewhere at a +distance, a little millinery business or a husband, and every time he +thought of the matter, he would have said with emotion: 'What a good +fellow you are!' This has only become a tragic fate because it has +struck one of the most upright, most sensitive and noble of men, and +because this is so, there must come from that most noble and upright +heart a solution, an act of liberation bursting these iron bonds! There +must be a means of escape by which he and his poor child and Justice +herself will have their due! There _must_ be--simply because he is what +he is!" + +There was a gleam of light in Berger's usually placid, contented face, +the reflection of the thought that filled his soul and raised him above +the misery of the moment. Notwithstanding, his looks became serious and +gloomy again. + +"But what is this solution?" he asked, continuing his over-wrought +reflections. "And how shall this broken-down, sick man, weary with his +tortures, find it? And I--I know of none, perhaps no one save himself +can find it. 'Against the burden of such a fate, no parade of sophistry +will be of any avail,' I said to him yesterday. But can small +expedients be of any use? Will it be a solution if I succeed with my +appeal, if the sentence of death is commuted to penal servitude for +life or for twenty years? Can this lessen the burden of the fate?--for +her, for him?" + +"What to do?" he suddenly exclaimed aloud. He wrung his hands and +stared before him. + +Suddenly there was a curious twitching about his mouth, and his eyes +gleamed with an almost weird light. "No, no!" he muttered vehemently, +"how can such a thought even occur to me. I feel it, I am myself +becoming ill and unstrung!" + +He bounded up with a heavy stamp and hastily passed his hand over his +forehead, as though the thought which had just passed through his brain +stood written there and must be swiftly wiped away. But that thought +returned again and again and would not be scared away, that enticing +but fearful thought; how she might be forcibly liberated from prison +and carried off to new life and happiness in a distant country? + +"Madness!" he muttered and added in thought: "He would rather die and +let her die, than give his consent to this or set his hand to such a +deed! He whose conscience would not allow him to preside at the trial! +And if in his perplexity and despair he were to go so far, I should +have to bar the way and stop him even if it cost me my life.... What +was it he said yesterday: 'An offence should not be expiated by an +injustice!' and will he attempt it by another offence. 'Cowardly and +dishonourable!' yes, that it would be, and not that great deed of which +I dream; greater and more just than Fate itself." + +He seized the notes which he had made from the papers connected with +the trial, and forced himself to read them through deliberately, to +weigh them again point by point. This expedient helped him: that +horrible thought did not return, but a new thought rose, bringing +comfort in its train and took shape: "When a great act cannot be +achieved, we should not on that account omit even the smallest thing +that can possibly be done. I will set my energies against the sentence +of death, because it is the most frightful thing that could happen!" + +And now he recovered courage and eagerness for work. + +He sat at his writing table hour after hour, marshalling his reasons +and objections into a solid phalanx which in the fervour of the moment +seemed to him as if they must sweep away every obstacle, even +prejudice, even ill-will. He had bolted himself in, nobody was to +disturb him, he only interrupted himself for a few minutes to snatch a +hasty meal. Then he worked away until the last sentence stood on the +paper. + +For the first time he now looked at the clock; it was pointing to ten. +It was too late to visit the poor prisoner, and he was grieved that he +had not kept his promise. If she was perhaps secretly nourishing the +hope of being saved, she would now be doubly despairing. But it could +not now be helped and he resolved to make good his remissness early the +next morning. Sendlingen, however, he would go and see. "Perhaps he is +in want of me," he thought. "I should be much surprised if he were not +now more helpless than ever." + +He made his way through the wet, cold, foggy autumn night; things he +had never dreamt of were in store for him. + +When he pulled the bell, the door was at once opened: Fraeulein Brigitta +stood before him. The candlestick in her hand trembled: the plump, +well-nourished face of the worthy lady was so full of anguish that +Berger started. "What has happened?" he cried. + +"Nothing!" she answered. "Nothing at all! It is only that I am so +silly." But her hand was trembling so much that she had to put down her +candle and the tears streamed down her cheeks as she continued with an +effort: "He went out--and has not come back--and so I thought--but I am +so silly." + +"So it seems," Berger roughly exclaimed, trying to encourage both her +and himself, but a sudden anguish so choked his utterance that what he +next said sounded almost unintelligible. "May he not pay a visit to a +friend and stay to supper there? Is he so much under your thumb that he +must give you previous notice of his intention? He is at Baron +Dernegg's I suppose." + +"No," she sobbed. "He is not there, and Franz has already looked for +him in vain in all the places where he might be. He was twice at your +house, but your servant would not admit him. And now the old man is +scouring the streets. He will not find him!" she suddenly screamed, +burying her face in her hands. + +"Nonsense!" cried Berger almost angrily. He forced the trembling woman +into a chair, sat down beside her and took her hand. "Let us talk like +reasonable beings," he said, "like men, Fraeulein Brigitta. When did he +go out?" + +"Seven hours ago, just after his dinner, which he hardly touched; it +must have been about four o'clock. And how he has been behaving ... and +especially since mid-day yesterday.... Dr. Berger," she cried +imploringly, clasping her hands, "what happened yesterday in Chambers? +When he came back from Vienna he was still calm and cheerful. It must +be here and yesterday that some misfortune struck him. I thought at +first that it was illness, but I know better now: it is a misfortune, a +great misfortune! Dr. Berger, for Christ's sake, tell me what it is!" + +She would have sunk down at his feet, if he had not hastily prevented +her. "Be reasonable!" he urged, "It is an illness, Fraeulein +Brigitta,--the heart, the nerves." + +She shook her head vigorously. "I guess what it is." She pointed in the +direction of the jail. "Something has happened in the prison over there +that is a matter of life and death to him." + +He started. "Why do you suppose that?" + +"Because he behaved so strangely--just listen to this." But she had +first the difficult task of calming herself before she could proceed. +"Well, when I went into his room to-day to tell him dinner was ready, +he was standing in front of his writing-table rummaging in all the +drawers. 'What are you looking for, my Lord?' I asked. 'Nothing,' he +muttered and he sent me away, saying he was just coming. Twenty minutes +later I ventured to go back again; he was still searching. 'Have you +ever,' he now himself asked, 'heard of any keys that my predecessor is +said to have handed over?' 'Yes,' I replied, 'the keys of the +residence.' 'No, others, and among them the key of the door which----' +He checked himself suddenly and turned away as though he had already +said too much. 'What door?' I asked in utter astonishment. He muttered +something unintelligible and then roughly told me the soup could wait. +It cuts me to the heart. Dear Heaven, how wretched he looks, and I am +not accustomed to be spoken to by him in that way; but what does that +matter? I went and spoke to Franz. 'Perhaps,' he said, 'he means the +keys that are in the top drawer of his business table.' So we went and +looked and there, sure enough, was a bunch of keys--quite rusty, Dr. +Berger." + +"Go on, to the point," said Berger impatiently. + +"Well, I took them to him; as I said, a whole bunch with a written +label on each. He looked through them with trembling hands. Dr. Berger, +and at last his face lit up. 'That's the one!' he muttered and took the +key off the bunch and put it in his breast pocket. Then he turned round +and when he saw me--great Heaven! what eyes he had--wicked, frightened +eyes. 'Are you still here?' he said flaring up into a rage. 'What do +you want playing the spy here?' Yes, Dr. Berger, he said 'playing the +spy'--and he has known me for fifteen years." + +"He is ill you see!" said Berger soothingly. "But go on!" + +"Then he sat down to dinner and there he behaved very strangely. God +forgive me ... Usually he only drinks one glass of Rhine-wine--you know +the sort--to-day he gulped down three glasses one after another, took a +few spoonfuls of soup and then went back to his room. And then I said: +Franz, I said--but you won't want to hear that. Dr. Berger. But what +follows you must hear; it's very strange--God help us! only too +strange." + +"Well?" + +"After about ten minutes or so, I heard his step in the lobby; the door +slammed; well, he had gone out. 'By all that's sacred!' thinks I in +great trouble of mind. Then Franz came in quite upset. 'Fraeulein!' he +whispered, 'he's going up and down in the court outside!' 'Impossible!' +said I, 'what does he want there?' We went to the bedroom window that +looks down into the court and there, sure enough, is his Lordship! He +was going--or rather he was creeping along by the wall that separates +our court from the prison yard. It was drizzling at the time and it was +no longer quite light, but I could see his face plainly: it was the +face of a man who doesn't know what to do--ah me! worse still--the face +of a man who doesn't know what he's doing. And he behaved like it, Dr. +Berger! He stopped in front of the little door in the wall, looked +anxiously up at the windows to see if anyone was watching him--but the +clerks and officials had all gone, we were the only people who saw +him--he pulled out that key from his breast pocket and tried to unlock +the door. For a long time he couldn't succeed, but at last the door +opened. However, he only shut it again quickly and locked it. Then he +began anxiously to pace up and down again. It was just as if he had +only wanted to try whether the key would open the door. What do you +think of that?" + +"The door through which one can get from here into the prison?" Berger +spoke slowly, in a muffled tone, as if he were speaking to himself. +Then he continued in the same tone: "Oh, how frightful that would be! +This soul in the mire, this splendid soul!--Go on!" he then muttered as +he saw that the housekeeper was looking at him in amazement. + +"Well, then he went quickly back through the hall into the street and +on towards the square. Franz crept after him at a distance. He seemed +at first as if he wanted to go to your house, then he came back here, +but to the other door, on the prison side. There he stood, close up to +it, for a long time, a quarter of an hour Franz says, and then went to +the left down Cross Street and then--what do you think, Dr. Berger?" + +"Back the same way," said Berger slowly, "and again stood for a long +time in front of the prison." + +"How can you know that?" asked the old lady in astonishment. + +Berger's answer was a strange one. "I can see it!" he said. And indeed, +with the eyes of his soul, Berger could see his unhappy friend +wandering about in the misty darkness, dragged hither and thither, by +whirling, conflicting thoughts. "Perhaps he is at this moment standing +there again!" He had not meant to say this, but the thought had +involuntarily given itself voice. + +"What now!" Fraeulein Brigitta crossed herself. "We will go and see at +once! Come! Oh, that would be a good thing! I will just go and fetch my +shawl. But you see I was right. This trouble is connected with the +prison; some injustice has been done, and he feels it nearly because he +is such a just judge." + +"Because he is such a just judge," repeated Berger, mechanically, +without thinking of what he was saying, for while he spoke those words +he was saying to himself: "He has gone mad!" + +Then, however, he shook off the spell of this horror that threatened to +cripple both soul and body. "You stay at home," he said in a tone of +command. "I will find him and bring him back, you may rely upon that. +One thing more, where did Franz leave him?" + +"Ah, he was too simple! When his Lordship came into the square for the +third time, Franz went up to him and begged him to come home. Upon that +he became very angry and sent Franz off with the strongest language. +But he called after him that he was going to Baron Dernegg's, only as I +said, he has not been there, and----" + +"Keep up your spirits, Fraeulein Brigitta! I shall be back soon." He +went down the steps, "Keep up your spirits!" he called back to her once +more; she was standing at the top of the steps holding the candle at +arm's length before her. + +Berger stepped into the street and walked swiftly round the building to +the prison door. He himself was in need of the exhortation he had +given: he felt as if in the next moment he might see something +frightful. + +But there was nothing to be seen when he at length reached the place +and approached the door, nothing save the muddy slippery ground, the +trickling, mouldy walls, the iron-work of the door shining in the +wet--nothing else, so far as the red, smoky light of the two lanterns +above the door could show through the fog and rain. And there was +nothing to be heard save the low pattering of the rain-drops on the +soft earth or, when a sudden gust of the east-wind blew, the creaking +of some loosened rafter and a whirring, long-drawn, complaining sound +that came from the bare trees on the ramparts when they writhed and +bent beneath its icy breath. + +"Victor!" + +There was a movement in the sentry box by the door; the poor, frozen +Venetian soldier of the Dom Miguel regiment who had sheltered himself +inside as well as he could from the rain and cold, poked out his heavy +sleepy head so that the shine of his wet leather shako was visible for +an instant. He muttered an oath and wrapped himself the closer in his +damp overcoat. + +Berger sighed deeply. A minute before he was sure he had seen the poor +madman standing motionless in the desolate night, his eyes rigidly +fixed upon the door that separated him from his daughter, and now that +he was spared the sight, he could take no comfort, for a far worse +foreboding convulsed his brain. + +Hesitatingly he returned to the front part of the building and, +increasing his pace, he went down the street towards the market-place, +aimlessly, but always swifter, as if he had to go where chance led him, +so as to arrive in time to stop some frightful deed. + +The streets were deserted, nothing but the wind roamed through the +drenching solitude, nothing but the voices of the night greeted his +ear; that ceaseless murmur and rustle and stir, which, drowned by the +noise of the day, moves in the dark stillness, as though dead and dumb +things had now first found a voice to reach the sense of men. + +He often had to stop; it seemed to him as if he heard the piteous +groaning of a sick man, or the half stifled cry for help of one +wounded. But it was nothing; the wind had shaken some rotting roof, or +somewhere in the far distance a watch-dog had given a short, sharp +bark. The lonely wanderer held his breath in order to hear better, +looked also perhaps into some dark corner and then hurried on. + +He reached the market place. Here he came upon human beings again, the +sentries before the principal guard-house, and as he passed the column +commemorative of the cholera in the middle of the square, there was the +night-watchman who had pitched upon a dry sleeping place in one of the +niches of the irregular monument. Berger stopped irresolutely; should +he wake him up and question him? + +Another form at this moment emerged from a neighbouring street; a man +who with bowed head and halting pace glided along by the houses: was +this not Franz? Berger could not yet, by the light of the meagre lamps, +accurately distinguish him in the all-pervading fog. But the man came +nearer and nearer; he was behaving peculiarly; he was looking into +every door-way, and when he came to the "Sign of the Arbour," a very +ancient shop full of recesses, he went into each of these recesses, so +that a spectator saw him alternately appearing and disappearing. When +he at length reappeared just under a lamp Berger recognised him; it was +really the old servant. "Like a faithful dog seeking his master," he +said to himself as he hurried towards him. + +Franz rushed to meet him. "You know nothing of him?" + +"Be quiet, man. We will look for him together." + +"No, separately!" He seized Berger's arm and grasped it convulsively. +"You by the river-side and I up here. There is not a moment to lose." + +Berger asked no more questions but hurried down the broad, inclined +street that led to the river. Here, in Cross Street, where most of the +pleasure-resorts were, there were still signs of life; he had +repeatedly to get out of the way of drunken men who passed along +bawling; poor forlorn looking girls brushed past him. In one of the +quieter streets he noticed a moving light coming nearer and nearer: it +was a large lantern in the hand of a servant who was carefully lighting +the gentleman who followed him. + +Berger recognised the features of the little, wizened creature who, in +spite of the awful weather was contentedly tripping along, with +satisfaction in every lineament, under the shelter of a mighty +umbrella; it was the Deputy Chief-Justice, Herr von Werner. He would +have passed by without a word, but Werner recognised him and called to +him. + +"Eh! eh! it's Dr. Berger!" he snickered. "Out so late! Hee, hee! I seem +to be meeting all the important people! First--hee! hee! the Lord Chief +Justice and now----" + +"Have you seen him?" + +"Why yes. You are surprised? So was I! Just as I stepped out of my +son-in-law's house, he passed by. I called after him because I wanted +to tell him the news. For you may congratulate me, Dr. Berger. +Certainly, you annoyed me this morning, you annoyed me very much I but +in my joy I will forgive you! My first grandson, a splendid boy, and +how he can cry!" + +"Where did you see him? When?" + +"Eh! goodness me, what is the matter with you? It was scarcely five +minutes ago, he was going--only fancy--towards Wurst Street. You seem +upset! And he wouldn't listen to me! Why, what is the matter?" + +Berger made no reply. Without a word of farewell, he rushed +precipitately down the street out of which Werner had come and turned +to the right into a narrow, dirty slum which led by a steep incline to +the river. + +This was Wurst Street, the poorest district of the town, the haunt of +porters, boatmen and raftsmen; alongside the narrow quay in which the +street ended, lay their craft; the corner building next the river was +the public house which they frequented. A light still glimmered behind +its small window-panes and, as Berger hurried by, the sound of rough +song and laughter greeted his ears. + +He did not stop till he came right up to the river's edge. Its waters +were swollen by the autumn rains; swift and tumultuous they coursed +along its broad bed, perceptible to the ear only, not to the eye, so +fearfully dark was the night. Berger could not even distinguish the +wooden foot-bridge that here crossed the river, until he was close up +to it. + +Hesitatingly he stepped upon the shaky structure. The bridge was +scarcely two foot broad, its balustrade was rotten and the footway +slippery. Over on the other side a solitary light, a lantern, was +struggling against wind and fog; its reflection swayed uncertainly on +the soaking bridge; when it suddenly flared up in the wind, its +flickering, red light revealed for a moment the angry, swollen flood. + +Berger stood still irresolutely; the place was so desolate, so uncanny; +should he stay any longer? Then suddenly a low cry escaped him and he +darted forward a step. The lantern opposite had just flared up and by +its reflection he had seen a man approach the bridge and step upon it. +It seemed to Berger as if this were Sendlingen, but he did not know for +certain, as the lantern was again giving only the faintest glimmer. + +The man approached nearer, slowly, and with uncertain step, groping for +the balustrade as he came. Once more the lantern flared up--there was +the long Inverness, the gray hat--Berger doubted no longer. + +"Victor!" + +He would have shouted at the top of his voice, but the word passed over +his lips huskily, almost inaudibly: he would have darted forward ... +but could only take one solitary step more, so greatly had the +weirdness of the situation overpowered him. + +Sendlingen did not perceive him: he stopped scarcely ten paces from his +friend and bent over the balustrade. Resting on both arms, there he +stood, staring at the wild and turbulent water. + +Thus passed a few seconds. + +Again the lantern flickered up, for a moment only it gave a clear +light. Sendlingen had suddenly raised himself and Berger saw, or +thought he saw, that the unfortunate man was now only resting with one +hand on the railing, that his body was lifted up.... + +"Victor!" + +In two bounds, in two seconds, he was beside him, had seized him, +clasped him in his arms. + +"George!" + +Awful, thrilling was the cry--a cry for help?--or a cry of baffled +rage? + +Then Berger felt this convulsive body suddenly grow stiff and heavy--he +was holding an unconscious burden in his arms. + + + + + CHAPTER VII. + + +Shortly after there was such vigorous knocking at the windows of the +little river-side inn that the panes were broken. The landlord and his +customers rushed out into the street, cursing. But they ceased when +they saw the scared looking figure with its singular burden; silently +they helped to bring the prostrate form into the house. The landlord +had recognized the features; he whispered the news to the others, and +so great was the love and reverence that attached to this name, that +the rough, half-drunken fellows stood about in the bare inn-parlor, as +orderly and reverent as if they were in Church. + +The body lay motionless on the bench which they had fetched; a feather, +held to the lips, scarcely moved, so feebly did the breath come and go. +The one remedy in the poor place, the brandy with which his breast and +pulses were moistened, proved useless; not till the parish doctor, whom +a raftsman hurriedly fetched, had applied his essences, did the +unconscious man begin to breathe more deeply and at length open his +eyes. But his look was fixed and weird; the white lips muttered +confused words. Then the deep red eyelids closed again; they showed, as +did the tear-stains on his cheeks, how bitterly the poor wretch had +been weeping in his aimless wanderings. + +"We must get him home at once," said the Doctor. "There is brain fever +coming on." + +Berger sent to the hospital for a litter; it was soon on the spot; +the sick man was carefully laid on it. The bearers stepped away +rapidly; the doctor and Berger walked alongside. When they reached the +market-place they came across Franz. "Dead?" he screamed; but when he +heard the contrary, he said not another word, but hurried on ahead. + +In this way Fraeulein Brigitta was informed; she behaved more calmly +than Berger could have believed. The bed was all ready; the Doctor +attached to the Courts was soon on the spot. He was of the same opinion +as his colleague. "A mortal sickness," he told Berger, "the fever is +increasing, his consciousness is entirely clouded. Perhaps it is owing +to overwork at the Inquiry in Vienna?" he added. "He may have caught a +severe cold on the top of it." + +The parish doctor departed, Franz was obliged to go to the chemist's; +Berger and the resident doctor remained alone with the invalid. The +barrister had a severe struggle with himself; should he tell the +doctor the whole truth? To any unsuspecting person, Sendlingen's +demeanor must have seemed like the paroxysm of a fever, but he knew +better! Certainly the sufferer was physically ailing, but it was not +under the weight of empty fancies that he was gently sobbing, or +burying his anguish-stricken face in the pillow; the excess of his +suffering, the terror of his lonely wanderings had completely broken +down his strength; all mastery of self had vanished; he showed himself +as he was; in a torment of helplessness. And that which seemed to the +doctor the most convincing proof of a mind unhinged Berger understood +only too well; as for instance when Sendlingen beckoned to him, and +beseechingly whispered, as if filled with the deepest shame: "Go, +George, can't you understand that I can no longer bear your looks?" + +After this Berger went out and sank into a chair in the lobby, and the +gruesome scene rose before him again; the lonely bridge lit by the +flickering lantern; the roaring current beneath him ... "Oh, what +misery!" he groaned, and for the first time for many years, for the +first time perhaps, since his boyhood, he broke out into sobs, even +though his eyes remained dry. + +A rapid footstep disturbed him. It was Franz returning with the +medicine. Berger told him to send the doctor to him at once. + +"Doctor," he said, "you shall know the truth as far as I am at liberty +to tell it." A misfortune, he told him, had befallen Sendlingen, a +misfortune great enough to crush the strongest man. "Your art," he +concluded, "cannot heal the soul, I know. But you can give my poor +friend what he most of all needs; sleep! Otherwise his torture will +wear out both body and soul." + +The doctor asked no questions; for a long while he looked silently on +the ground. Then he said, briefly: "Good! Fortunately I have the +necessary means with me." + +He went back to the sick-room. Ten minutes later, he opened the door +and made Berger come in. Sendlingen was in a deep sleep; and it must +have been dreamless, for his features had smoothed themselves again. + +"How long will this sleep last?" asked Berger. + +"Perhaps till mid-day to-morrow," replied the doctor, "perhaps longer, +since the body is so exhausted. At least, we shall know to-morrow +whether there is a serious illness in store. But even if there is not, +if it is only the torture of the mind that returns, it will be bad +enough. Very bad, in fact. Do you know no remedy for it?" + +"None!" answered the honest lawyer, feebly. They parted without a word +in the deepest distress. + +By earliest dawn, when the bells of the Cathedral rang forth for the +first time, Berger was back again in his friend's lobby. "Thank God, he +is still sleeping," whispered Fraeulein Brigitta. "The worse has past, +hasn't it?" + +"We will hope so," he replied, constrainedly. For a long time he stood +at the window and stared out into the court-yard; involuntarily his +gaze fixed itself on the little door in the wall which was so small and +low that he had never noticed it before; now he observed it for the +first time. + +Then he roused himself and went to the other part of the building to +see his unfortunate client. "How is Victorine Lippert?" he asked of the +Governor who happened to be at the door. + +"Poor thing!" he said, with a shrug of the shoulders. "It will soon be +all over with her, and that will be the best thing for her." + +"Has she been suddenly taken ill?" + +"No, Dr. Berger, she is just the same as before, but the doctor does +not think she will last much longer. 'Snuffed out like a candle,' he +says. If she had any sort of hope to which her poor soul might cling; +but as it is ... Herr von Werner had sent him to her to see what +punishment she could bear for yesterday's scene in Court, but the +doctor said to him afterward: 'It would be sheer barbarity! Let her die +in peace!' But Herr von Werner was of opinion that he could not pass +over the offence without some punishment, and that she would survive +one day of the dark cell; he only relented when Father Rohn interceded +for her. The priest was with her yesterday at two o'clock, and has made +her peace with God. Do you still intend to appeal? Well, as you think +best. But it will be labor in vain, Dr. Berger! She will die before you +receive the decision." + +"God forbid!" cried Berger. + +The Governor shook his head. "She would be free in that case," he said. +"Why should you wish her to live? What do you hope to attain? +Commutation to penal servitude for life, or imprisonment for twenty +years! Does that strike you as being better? I don't think so; in my +profession it is impossible to believe it, Dr. Berger. Well, as you +think best! If you want to speak to Victorine Lippert, the warder shall +take you round." + +The Governor departed; Berger stood looking after him a long while. +Then he stepped out into the prison yard and paced up and down; he felt +the need of quieting himself before going into her cell. "That would be +frightful," he thought. "And yet, perhaps, the man is right, perhaps it +would really be best for her--and for him!" He tried to shake off the +thought, but it returned. "And it would mean the end of this fearful +complication, a sad, a pitiable end--but still an end!" But then he +checked himself. "No, it would be no end, because it would be no +solution. In misery he would drag out his whole existence; in remorse; +in despair! No, on the contrary, her death might be the worst blow that +could befal him! But what is to be done to prevent it? It would be +possible to get her ordered better food, a lighter cell, and more +exercise in the open. But all that would be no use if she is really as +bad as the doctor thinks! She will die--O God! she will die before the +decision of the Supreme Court arrives." + +More perplexed and despairing than before, he now repaired to her cell. +The warder unlocked it and he entered. + +Victorine was reclining on her couch, her head pressed against the +wall. At his entrance, she tried to rise, but he prevented her. "How +are you?" he asked. "Better, I hope?" + +"Yes," she answered softly, "and all will soon be well with me." + +He knew what she meant and alas! it was only too plainly visible that +this hope at least was not fallacious. Paler than she had latterly been +it was almost impossible that she should become, but more haggard +Berger certainly thought her; her whole bearing was more broken down +and feeble. "She is right," he thought, but he forced himself and made +every endeavour to appear more confident than he really was. + +"I am glad of that!" He tried to say it in the most unconstrained +manner in the world, but could only blurt it out in a suppressed tone +of voice. "I hope----" + +She looked at him, and, in the face of this look of immeasurable grief, +of longing for death, the like of which he had never seen in any human +eyes, the words died on his lips. It seemed to him unworthy any longer +to keep up the pretence of not understanding her. "My poor child," he +murmured, taking her hand, "I know. I know. But you are still young, +why will you cease to hope? I have drawn up the appeal, I shall lodge +it to-day--I am sure you will be pardoned." + +"That would be frightful!" she said in a low tone. "I begged you so +earnestly to leave it alone. But I am not angry with you. You have done +it because your pity constrained you, perhaps, too, your conscience and +sense of justice--and to me it is all one! My life at all events, is +only a matter of weeks: I shall never leave this cell alive! Thank +Heaven! since yesterday afternoon this has become a certainty!" + +"The doctor told you? Oh, that was not right of him." + +"Do not blame him!" she begged. "It was an act of humanity. If he had +only told me to relieve me of the fear of the hangman, he should be +commended, not reproved. But it happened differently; at first he did +not want to tell me the truth, it was evident from what he was saying, +and when the truth had once slipped out, he could no longer deny it. He +was exhorting me to hope, to cling to life, he spoke to me as you do, +'for otherwise' he said, 'you are lost! My medicines cannot give you +vital energy!' His pity moved him to dwell on this more and more +pointedly and decidedly. 'If you do not rouse yourself,' he said at +last, 'you will be your own executioner.' He was frightened at what he +had said almost before he had finished, and still more when I thanked +him as for the greatest kindness he could have done me. He only left me +to send Father Rohn. He came too, but----" + +She sighed deeply and stopped. + +"He surely didn't torture you with bigoted speeches?" asked Berger. "I +know him. Father Rohn is a worthy man who knows life; he is a human +being ..." + +"Of course! But just because he is no hypocrite he could say nothing +that would really comfort me for this life. At most for that other +life, which perhaps--no certainly!" she said hurriedly. "So many people +believe in it, good earnest men who have seen and suffered much +misfortune, how should a simple girl dare to doubt it? Certainly, Dr. +Berger, when I think of my own life and my mother's life, it is not +easy to believe in an all-just, all-merciful God. But I do believe in +Him--yes! though so good a man as Father Rohn could only say: amends +will be made up there. Only the way he said it fully convinced me! But, +after all, he could only give me hope in death, not hope for life." + +"Certainly against his will," cried Berger. "You did not want to +understand him." + +"Yes, Dr. Berger, I did want to understand him and understood him--in +everything--excepting only one thing," she added hesitatingly. "But +that was not in my power--I could not! And whatever trouble he took it +was in vain." + +"And what was this one thing?" + +"He asked me if there was no one I was attached to, who loved me, to +whom my life or death mattered? No, I answered, nobody--and then he +asked--but why touch upon the hateful subject! let us leave it alone, +Dr. Berger." + +"No," cried Berger, white with emotion, "I implore you, let us talk +about it. He asked you whether you did not know your father." + +She nodded; a faint red overspread her pale cheeks. + +"And you answered?" + +"What I have told you: that I did not know him, that if he were living +I should not love and reverence him as my father, but hate and despise +him as the wretch who ruined my mother!" She had half raised herself, +and had spoken with a strength and energy that Berger had not believed +possible. Now she sank back on her couch. + +He sighed deeply. "And you adhered to that," he began again, "whatever +Father Rohn might say? He told you that on the threshold of--that in +your situation one should not hate, but forgive, that whoever hopes for +God's mercy must not himself condemn unmercifully!" + +"Yes," she replied, "he said so, if perhaps in gentler words. For he +seemed to feel that I did not require to depend on God's mercy, but +only on His justice." + +"Forgive me!" muttered Berger. "For I know your fate and know you. +But just because I know your affectionate nature and your need of +affection----" He stopped. "Gently," he thought, "I must be cautious." +"Don't consider me unfeeling," he then continued, "if I dwell upon this +matter, however painful it may be to you. Just this one thing: does it +follow that this man must be a wretch? Were there not perhaps fatal +circumstances that bound him against his will and prevented him doing +his duty to your poor mother?" + +"No," she answered. "I know there were not!" + +"You know there were not?" murmured Berger in the greatest +consternation. "But do you know him?" + +"Yes. I know his heart, his character, and that is enough. What does it +matter to me what his name is, or his station? Whether he is living or +dead? To me he has never lived! I know him from my mother's judgment, +and that she, the gentlest of women, could not judge otherwise, proves +his unworthiness. Only one single time did she speak to me of him, when +I was old enough to ask and to be told why people sometimes spoke of us +with a shrug of the shoulders. 'If he had been thoughtless and weak,' +she said to me, 'I could have forgiven him. But I have never known a +man who viewed life more earnestly and intelligently: none who was so +strong and brave and resolute as he. It was only from boundless +selfishness, after mature, cold-blooded calculation that he delivered +me to dishonor, because I was an obstacle in his career.' You see he +was more pitiless than the man whom I trusted." + +"No," cried Berger in the greatest excitement. "You do him injustice!" + +"Injustice! How do you know that? Do you know him?" + +He turned away and was silent. "No," he then murmured, "how should I +know him?" + +"Then why do you dissent from me with such conviction? Oh, I +understand," she went on bitterly, "you, even you, don't think my +mother's words trustworthy, and simply because she allowed herself to +be deluded by a wretch!" + +"No, indeed!" returned Berger, trying to compose himself, "for I know +how noble, how true and good your mother was, I know it from her +letters. The remark escaped me unawares. But you are right. Let us drop +this subject." + +Then he asked her if she would like to have some books. She answered in +the negative and he left the cell. + +"Sendlingen must never see her!" he thought when he was back in the +street. "If he were to enter her cell he would betray himself and then +learn what she thinks of him! It would utterly crush him. That, at +least, he shall be spared." + +But the next few minutes were to show him that he had been planning +impossibilities. As he passed the Chief Justice's residence, an +upstairs window opened; he heard his name called loud and anxiously. It +was Fraeulein Brigitta. "Quickly," cried she, beckoning him to come up. + +He hurried up the stairs, she rushed to meet him. "Heaven has sent you +to us," she cried, weeping and wringing her hands. "How fortunate that +I accidentally saw you passing. We were at our wits' end? He insists on +going out. Franz is to dress him. We do not know what has excited him +so. Father Rohn has been to see him, but he talked so quietly with him +that we breathed again indeed. It is manifestly a sudden attack of +fever, but we cannot use force to him." + +Berger hurried to the bedroom. Sendlingen was reclining in an +arm-chair, Franz was attending to him. At his friend's entrance he +coloured, and held up his hand deprecatingly. "They have fetched you," +he cried impatiently. "It is useless! I am not going to be prevented!" + +Berger signed to Franz to leave the room. Not until the door was closed +behind him did he approach the sick man, and take his hand, and look +searchingly into his face. It reassured him to see that, though his +eyes were dim, they no longer looked wild and restless as they did a +few hours ago. + +"You are going to her?" he asked. "That must not be." + +"I must!" cried Sendlingen despairingly. "It is the one thought to +which I cling to avoid madness. When I awoke--I was so perplexed and +desolate, I felt my misery returning--then I heard Rohn's voice in the +next room. They were going to send him away: I was still asleep, they +said,--but I made him come in, because I wanted to hear some other +voice than that of my conscience, and because I was afraid of myself. I +did not dream that he was bringing me a staff by which I could raise +myself again." + +"You asked him about her?" + +"No, by the merest chance he began to tell me of his talk with her +yesterday, and how she was wasting away because there was no one on +earth for whose sake she could or would rouse herself. Oh, what I felt! +Despair shook my heart more deeply than ever, and yet I could have +thanked him on my knees for these good tidings. Now my life has an +object again, and I know why Fate has allowed me to survive this day." + +Berger was silent--should he, dared he, tell the truth? "Think it +over a while," he begged. "If you were to betray yourself to the +officials----" + +"I shall not do so. And if I did, how could that trouble me? Don't you +see that a man in my situation cannot think of himself or any such +secondary consideration?" + +"That would be no secondary consideration. And could you save her by +such a step? The situation remains as it was!" + +"Are you cruel enough to remind me of that?" cried Sendlingen. "But, +thank God! I am clear enough to give you the right answer instead of +allowing myself to be oppressed by misery. Now listen; I shall do what +I can! From the hangman, from the prison, I may not be able to save my +child, but perhaps I can save her from despair, from wasting away. I +shall say to her: live for your father, as your father lives for you! +Perhaps this thought will affect her as it has affected me; it has +saved me from the worst. Another night like last night, George!" He +stopped and a shudder ran through his body. "Such a night shall not +come again! I do not know what is to be done later on, but my immediate +duty is clear. I have been fighting against the instinct that drew me +to her, as against a suggestion of madness; I now see that it was +leading me aright." + +He laid his hand on the bell to summon Franz. Berger prevented him, +"Wait another hour," he implored. "I will not try to hinder you any +more; I see that it would be useless, perhaps unjust. But let me speak +to her first. Humour me in this one thing only. You agreed to do so +yesterday." + +"So be it!" said Sendlingen. "But you must promise not to keep me +waiting a minute longer than is absolutely necessary." + +Berger promised and took his leave. He was not a religious man in the +popular sense of the word, and yet as he again rang the prison bell, he +felt as if he must pray that his words would be of effect as a man only +can pray for a favour for himself. + +The warder was astonished when he again asked admission to the cell, +and Victorine looked at him with surprise. + +He went up to her. "Listen to me," he begged. "I have hitherto wished +to conceal the truth from you, with the best intentions, but still it +was not right. For falsehood kills and truth saves, always and +everywhere--I ought to have remembered that. Well then; I know your +father; he is my best friend, a man so noble and good, so upright and +full of heart, as are few men on this poor earth." + +She rose. "If that were so my mother would have lied," she cried. "Can +I believe you rather than my mother? Can you expect that of me?" + +"No," he replied. "Your mother judged him quite correctly. He did not +betray her through thoughtlessness, nor forsake her through weakness. +But much less still from cold-blooded calculation. No external +constraint weighed upon him but an internal,--the constraint of +education, of his convictions, of his views of the world and men, in +short, of his whole being, so that he could hardly have acted +differently. With all this there was such a fatal, peculiar +concatenation of external circumstances, that it would have needed a +giant soul not to have succumbed. We are all of us but men. I would not +trust anyone I know, not even myself, to have been stronger than he +was! Not one, Victorine! Will you believe me?" + +"My mother judged otherwise!" she replied. "And will you perhaps also +attempt to justify the fact that he never concerned himself about his +child?" + +"He knew nothing of you," cried Berger. "He did not dream that he had a +child in the world! And one thing I can assure you: if he had +accidentally heard that you were alive, he would not have rested until +he had drawn you to his heart, he would have sheltered you in his arms, +in his house, from the battle with misery and the wickedness of men. +Not only his heart would have dictated this, but the absence of +children by his marriage, and his sense of justice: so as to make good +through you what he could no longer make good to your poor mother. If +you could only imagine how he suffers!--You must surely be able to feel +for him: a noble man, who suddenly learns that his offence is ten times +greater than he had thought or dreamt; that he has a child in the world +against whom also he has transgressed, and who learns all this at a +moment when he can make no reparation--in such a moment--can you grasp +this, Victorine?" + +Her face remained unmoved. "What shall I say?" she exclaimed gloomily. +"If he really suffers, the punishment is only just. What did my mother +not suffer on his account! And I!" + +"But can we ascribe all the blame to him?" he cried. "All, Victorine?" + +"Perhaps," she answered. "But if not all, then the most, so much that I +will certainly believe you in one thing; if he is a human being at all, +then he should now be suffering all the tortures of remorse. Still, as +great as my sorrow, his cannot be! And is my guilt greater than his? +And has he, too, to expiate it with honour and life?" + +"Quite possibly!" he cried. "Perhaps with his life, seeing that he +cannot, situated as he now is, expiate it with his honour. Oh, if you +knew all! If you knew what an unprecedented combination of +circumstances has heightened the sense of his guilt, has increased his +sorrow to infinite proportions. And you shall know all." + +"I will not hear it," she cried with a swift movement of repulsion, "I +do not care, I may not care about it. I will not be robbed of my +feelings against this man. I will not! His punishment is just--let us +drop the subject." + +"Just! still this talk about just! You are young but you have +experienced enough of life, you have suffered enough, to know how far +this justice will bring us. An eye for an eye and a tooth for a +tooth--shall this pitiless web of guilt and expiation continue to spin +itself everlastingly from generation to generation? Can't you +understand that this life would be unendurable if a high-minded deed, a +noble victory over self, did not at times rend the web? You should +understand this, poor child, you more than anyone. Do such a deed, +forgive this unhappy man!" + +"Did he send you to me on this mission?" + +"No. I will be truthful in the smallest detail: I myself wrested from +him permission to prepare you for his coming. I wished to spare you and +him the emotions of a melancholy contest. For he does not even suspect +what you think of him." + +"He does not suspect it?" she cried. "He thinks that the balance is +struck, if he graces a fallen, a condemned creature with a visit! Oh, +and this man is noble and sensitive!" + +"You are unjust to him in that, too," protested Berger. "And in that +most of all. That he who can usually read the hearts of men like a +book, has not thought of this most obvious and natural thing, shows +best of all how greatly his misery has distracted and desolated him. He +only wants one thing: to come to you, to console you, to console +himself in you." + +"I will not see him, you must prevent it." + +"I cannot. I have tried in vain. He will come; his reason, perhaps his +life, depend upon the way you may receive him." + +"Do not burden me with such responsibilities," she sobbed despairingly. +"I cannot forgive him. But I desire nobody's death, I do not wish him +to die. Tell him what you like, even that I forgive him, but keep him +away, I implore you." + +She would have thrown herself at his feet but he prevented her. "No, +not that," he murmured. "I will not urge any more. As God wills." + +A few minutes later he was again with Sendlingen. "She knows all," he +told him, "except your name and station. She does not desire your +visit--she--dreads the excitement." + +He stopped short and looked anxiously at his friend; he feared another +sudden outburst of despair. + +But it did not come. Sendlingen certainly started as in pain, but then +he drew himself up to his full height. "You are concealing the truth +from me," he said. "She does not wish to see her mother's betrayer. I +did not think of it before, but I read it at once in your looks of +alarm. That is bad, very bad--but stop me, it cannot. Where the +stranger has tried in vain the father will succeed. My heart tells me +so." + +He called for his hat and stick and leaning on Berger's arm, went down +the steps. In the street he loosed his hold: the energy of his soul had +given his body new strength. With a firm step he walked to the prison +door, and the quiver in his voice was scarcely perceptible as he gave +the warder the order to open Victorine Lippert's cell. + +The official obeyed. The prisoner hardly looked up when she heard the +bolts rattle yet another time. The warder felt himself in duty bound to +call her attention to the importance of the visit she was about to +receive. "His Lordship, the Chief Justice, Baron Sendlingen!" he +whispered to her. "Inspection of the Cells. Stand up." He stepped back +respectfully to admit Sendlingen and locked the door after him. + +The two were alone. Victorine had risen as she had been told: once only +did she cast a transient and nonchalant look at the tall figure before +her, then she remained standing with bowed head. Similar inspections +had frequently taken place before; in each case the functionary had +briefly asked whether the prisoner wished anything or had any complaint +to make. This question she was waiting for now in order to reply as +briefly in the negative; she wanted nothing more. + +But he was silent, and as she looked up surprised--"Merciful God!" she +cried, and reeled back on to her couch, covering her face with her +trembling hands. + +She knew who this man was at once, at the first glance. How she had +recognised him with such lightning speed, she could not determine, even +later when she thought the matter over. It was half dark in the cell, +she had not properly seen his features and expression. Perhaps it was +his attitude which betrayed him. With bowed head, his hands listlessly +hanging by his sides, he stood there like a criminal before his judge. + +At her exclamation, he looked up and came nearer. "Victorine," he +murmured. She did not understand him, so low was his stifled +articulation. "My child!" he then cried aloud and darted towards her. +She rose to her feet and stretched out her hands as if to repel him, +gazing at him all the while with widely opened eyes. And again she did +not know what it was that suddenly penetrated and moved her heart. Was +it because his face seemed familiar to her, mysteriously familiar, as +if she had seen it ever since she could think?... Yes, it was so! For +what unknown to herself, had overpowered her, was the likeness to her +own face. Or was it perhaps the silent misery of his face, the +beseeching look of his eyes? She felt the bitter animosity to which she +had despairingly clung, the one feeling of which she would not be +robbed, suddenly melt away. + +"I cannot," she still faltered, but in the same breath she lifted up +her arms. "Father!" she cried and threw herself on his breast. + +He caught her in his arms and covered her head and face with tears and +kisses. Then he drew her upon his knees and laid her head on his +breast. Thus they sat and neither spoke a word; only their tears flowed +on and on. + + + + + CHAPTER VIII. + + +Half an hour might have passed since Sendlingen entered his daughter's +cell: to Berger, who was pacing up and down outside as sentry, it +seemed an eternity. The warder, too, was struck by the proceeding. This +zealous, but very loquacious official, whom Berger had known for many +years, approached him with a confidential smile. "There must--naturally +enough--be something strange going on in there," he said as he pointed +with a smirk towards the cell. "Something very strange." + +Berger at first stared at the man as much disconcerted as if he had +said that he knew the secret. "What do you mean by that," he then said +roughly. "Your opinions are not wanted." + +The warder looked at him amazed. "Well, such as we--naturally +enough--are at least entitled to our thoughts," he replied. "There has +been a run upon this cell since yesterday as if it contained a +princess! First the doctor. Father Rohn and you, Herr Berger--and now +his Lordship the Chief Justice, and all in little more than an hour's +time. That doesn't occur every day, and I know the reason for it." + +Berger forced himself to smile. "Of course you do, because you're such +a smart fellow, Hoebinger! What is the reason of it?" + +"Well with you, Dr. Berger, I can--naturally enough--talk about the +matter," replied the warder flattered, "although you are the prisoner's +counsel and a friend of the Chief Justice. But in 1848 you made great +speeches and were always on the side of the people; you will not betray +me, Dr. Berger. Well--naturally enough--it is the old story: there is +no such thing as equality in this world! If she, in there, were a +servant-girl who had been led astray by a servant-man, not a soul would +trouble their heads about her! But she is an educated person, and what +is the principal thing--her seducer is a Count--that alters matters. Of +course she had to be condemned--naturally enough--because the law +requires it, but afterwards every care is taken of her, and if she were +to get off with a slight punishment I, for one, shouldn't be surprised. +Of course the Governor says that that's nonsense; if it were a case of +favouritism he says, Herr von Werner would have behaved differently to +her; the Vice Chief Justice, he says, has a very keen scent for +favouritism; you, Hoebinger, he says--naturally enough--are an ass! But +I know what I know, and since his Lordship has taken the trouble to +come, not in a general inspection, but on a special visit that is +lasting longer than anything that has ever been heard or dreamt of, I +am quite convinced that it is not I, but on the contrary, the +Governor...." + +But the crafty fellow did not allow this disrespect to his superior to +pass his lips, but contented himself by triumphantly concluding: +"Naturally enough--is it not, Dr. Berger?" + +Berger thought it best to give no definite answer. If this chatter-box +were to confide his suspicions to the other prison officials, it would +at least be the most harmless interpretation and therefore he only +said: "You think too much, Hoebinger. That has often proved dangerous to +many men." + +Another half hour had gone by and Berger's anxiety and impatience +reached the highest pitch. He was uncertain whether to put a favourable +or an unfavourable interpretation upon this long stay of Sendlingen's, +and even if he had succeeded in touching his child's heart, yet any +further talk in this place and under these conditions was a danger. How +great a danger, Berger was soon to see plainly enough. + +The artful Hoebinger was slinking about near the cell more and more +restlessly. Only Berger's presence kept him from listening at the +key-hole, or from opening the little peep-hole at the door, through +which, unobserved by the prisoner, he could see the inside of every +cell. + +The desire was getting stronger and stronger; his fingers itched to +press the spring that would open it. At last, just as Berger had turned +his back, he succumbed to his curiosity; the little wooden door flew +open noiselessly--he was going to fix his eyes in the opening.... + +At that moment Berger happened to turn round. "What are you doing +there?" he cried in such a way that the man started and stepped back. +In a second Berger was beside him, had seized his arms and flung him +aside. "What impertinence!" he cried. + +The warder was trembling in every limb. "For God's sake," he begged, +"don't ruin me. I only wanted to see whether--whether his Lordship was +all right." + +"That's a lie!" cried Berger with intentional loudness. "You have +dared----" + +He did not require to finish the sentence; his object was attained: +Sendlingen opened the door and came out of the cell. His face bore once +more its wonted expression of kindly repose; he seemed to have +recovered complete mastery of himself. + +"You can lock up again," he said to the warder. He seemed to understand +what had just passed for he asked no questions. + +Still Hoebinger thought it necessary to excuse himself. "My Lord," +he stammered, "I only wanted to do my duty. It sometimes happens +that--that criminals become infuriated and attack the visitors." + +"Does that poor creature in here strike you as being dangerous?" asked +Sendlingen. It seemed to Berger almost unnatural that he could put +forth the effort to say this, nay more, that he could at the same time +force a smile. + +"My Lord----" + +"Never mind, Hoebinger! You were perhaps a little inquisitive, but that +shall be overlooked in consideration of your former good conduct. +Besides, prisoners are allowed no secrets, at all events after their +sentence." Turning to Berger he continued: "She must be taken to the +Infirmary this afternoon, it is a necessity. Have you anything else to +do here? No? Well, come back with me." + +It all sounded so calm, so business-like--Berger could hardly contain +his astonishment. He would never have believed his friend capable of +such strength and especially after such a night--after such an +interview! "I admire your strength of nerve," cried he when they got +out into the street. "That was a fearful moment." + +"Indeed it was!" agreed Sendlingen, his voice trembling for the first +time. "If the fellow had cast one single look through the peep-hole, we +should have both been lost! Fancy Hoebinger, the warder, seeing the +Chief Justice with a criminal in his arms!" + +"Ah then, it came to that?" + +"Should I otherwise be so calm? I am calm because I have now an object +again, because I see a way of doing my duty. Oh, George, how right you +were: happy indeed am I that I live and can pay my debt." + +"What do you think of doing?" + +"First of all the most important thing: to preserve her life, to +prepare her for life. As I just said, she shall be allotted a cell in +the Infirmary and have a patient's diet. I may do this without +dereliction of duty: I should have to take such measures with anyone +else if I knew the circumstances as accurately as I do in this case." + +"But you will not be able to visit her too often in the Infirmary," +objected Berger. + +"Certainly not," replied Sendlingen. "I see that the danger is too +great, and I told her so. Yes, you were right in that too: it is no +secondary consideration whether our relationship remains undiscovered +or not. I cannot understand how it was that I did not see this before: +why, as I now see, _everything_ depends upon that. And I see things +clearly now; this interview has worked a miracle in me, George--it has +rent the veil before my eyes, it has dispelled the mist in my brain. I +know I can see Victorine but seldom. On the other hand Brigitta will be +with her daily: for she is a member of the 'Women's Society,' and it +will strike nobody if she specially devotes herself to my poor child." + +"It will not strike others, but will she not herself guess the truth?" + +"Why, she shall know all! I will tell her this very day. She is +entirely devoted to me, brave and sterling, the best of women. Besides +I have no choice. Intercourse with a good, sensible woman is of the +most urgent necessity to my poor dear. But I have not resolved on this +step simply for that reason. I shall need this faithful soul later on +as well." + +"I understand--after the term of imprisonment is at an end." + +Sendlingen stood still and looked at his friend; it was the old look +full of wretchedness and despair. "Yes!" he said unsteadily. +"Certainly, I had hardly thought of that. I do not indulge any +extravagant hopes: I am prepared for anything, even for the worst. And +just in this event Brigitta's help would be more than ever +indispensable to me." + +"If the worst were to happen?" asked Bergen "How am I to understand +that?" + +Sendlingen made no reply. Not until Berger repeated the question did he +say, slowly and feebly: "Such things should not be talked about, not +with anyone, not even with a best friend, not even with one's self. +Such a thing is not even dwelt upon in thought; it is done when it has +to be done." + +His look was fixed as he spoke, like a man gazing into a far distance +or down into a deep abyss. Then his face became calm and resolved +again. "One thing more," he said. "You have finished drawing up the +appeal? May I read it? Forgive me, of course I have every confidence in +you. But see! so much depends upon it for me, perhaps something might +occur to me that would be of importance!" + +"What need of asking?" interrupted Berger. "It would be doing me a +service. We will go through the document together this very day." + +When he called on his friend in the evening with this object, Fraeulein +Brigitta came out to see him. The old lady's eyes were red with crying, +but her face was, as it were, lit up with a strong and noble emotion. + +"I have already visited her," she whispered to Berger. "Oh believe me, +she is an angel, a thousand times purer than are many who plume +themselves or their virtue. I bade her be of good cheer, and then I +told her much about his Lordship--who knows better how, who knows him +better? She listened to me peacefully, crying quietly all the time and +I had to cry too--. But all will come right; I am quite sure of it. If +the God above us were to let these two creatures perish, _these_ +two----" + +Her voice broke with deep emotion. Berger silently pressed her hand and +entered the study. + +He found his friend calm and collected. Sendlingen no longer +complained; no word, no look, betrayed the burden that oppressed his +soul. He dispatched his business with Berger conscientiously and +thoroughly, and as dispassionately as if it were a Law examination +paper. More than that--when he came to a place where Berger, in the +exaltation of the moment, had chosen too strong an expression, he +always stopped him: "That won't do: we must find calmer and more +temperate words!" And usually it was he too who found these calmer and +more temperate words. + +Down to the last word he maintained this clearness, this almost +unnatural calm. Not until Berger had folded his paper and was putting +it in his pocket did the consciousness of his misery seem to return. +Involuntarily he stretched forth his hand towards the paper. + +"You want to refer to something again?" asked Berger. + +"No!" His hand dropped listlessly. "Besides it is all labour in vain. +My lot is cast." + +"Your lot?" cried Berger. "However much you may be bound up with the +fate of your child, you must not say that!" + +"_My_ lot, _only_ my lot!" + +Berger observed the same peculiar look and tone he had before noticed +when Sendlingen said that such things should not be spoken of even to +one's self.... But this time Berger wanted to force him to an +explanation. "You talk in riddles," he began; but he got no further, +for, with a decision that made any further questions impossible, +Sendlingen interrupted him: + +"May I be spared the hour when you learn to know this riddle! Even you +can have no better wish than this for me! Why vainly sound the lowest +depths? Good night, George, and thanks a thousand, thousand times!" + + + + + CHAPTER IX. + + +Six weeks had elapsed since the dispatch of the appeal: Christmas was +at the door. The days had come and gone quickly without bringing any +fresh storm, any fresh danger, but certainly without dispelling even +one of the clouds that hung threateningly over the heads of these two +much-to-be-commiserated beings. + +Berger was with Sendlingen daily, and daily his questioning look +received the same answer; a mute shake of the head--the decision had +not yet arrived. The Supreme Court had had the papers connected with +the trial brought under its notice; beyond the announcement of this +self-evident fact, not a line had come from Vienna. This silence was +certainly no good sign, but it did not necessarily follow that it was a +bad one. To be sure the lawyer examining the case, unless, from the +first, he attributed no importance whatever to Berger's statements, +should have demanded more detailed information from the Court at +Bolosch, and all the more because Baron Dernegg's dissentient vote was +recorded in the papers. Still, perhaps this silence was simply to be +explained by the fact that he had not had an opportunity of going into +the case. + +Berger held fast to this consoling explanation, or at least pretended +to do so, when the subject came up in conversation, which was seldom +enough; he did not like to begin it, and Sendlingen equally avoided it. +It almost seemed to Berger as if his unhappy friend welcomed the delay +in the decision, as if he gladly dragged on in a torture of uncertainty +from day to day--anything so as not to look the dread horror in the +face. And indeed Sendlingen every morning sighed with relief, when the +moment of horrid suspense had gone by, when he had looked through the +Vienna mail and found nothing. But this did not arise from the motive +which Berger supposed, but from a better feeling. Sendlingen rejoiced +in every hour of respite that gave his poor child more time to gather +strength of soul and body. + +The shattered health of Victorine mended visibly, day by day. The +deathly pallor disappeared, her weakness lessened, the look of her eyes +was clearer and steadier. The doctor observed it with glad astonishment +and no little pride; he ascribed the improvement to his remedies, to +the better nourishment and care which on his representations had been +allotted her. When he boasted of it to his friend, Father Rohn, the +good priest met him with as bantering a smile as his kind heart would +allow; he knew better. If this poor child was blossoming again, the +merit was entirely his. Had not the doctor himself said that she could +only be saved by a change in her frame of mind? And had not this change +really set in even more visibly than her physical improvement? + +A new spirit had entered into Victorine. She no longer sat gazing in +melancholy brooding, she no longer yearned for death, and when the +priest sought to nourish in her the hope of pardon--in the sincerest +conviction, for he looked upon the confirmation of the death-sentence +as an impossibility--she nodded to him, touched and grateful. She +seemed, now, to understand him when he told her that the repentance of +a sinner and his after life of good works, were more pleasing to the +good God above than his death. And when he once more led the +conversation to the man who, in spite of everything, was her father and +perhaps at this moment was suffering the bitterest anguish on her +account, when he begged her not to harden her heart against the +unknown, he had the happiness of hearing her say with fervour in her +looks and voice: "I have forgiven him from the bottom of my heart. The +thought of him has completely restored me! Perhaps God will grant me to +be a good daughter to him some day!" So the words of comfort and the +exhortations of the good priest had really not been in vain. + +The true state of the case nobody even suspected; the secret was +stringently kept. No doubt it struck many people and gave occasion to a +variety of gossip, that Fraeulein Brigitta visited the condemned +prisoner almost daily, and the Chief Justice almost weekly, but a +sufficient explanation was sought and found. Good-natured and +inoffensive people thought that Victorine Lippert was a creature so +much to be pitied, that these two noble characters were only following +their natural instincts in according her a special pity; the malevolent +adopted the crafty Hoebinger's view, and talked of "favouritism"; the +aristocratic betrayer and his mother the Countess, they said, had after +all an uneasy conscience as to whether they had not behaved too harshly +to the poor creature, and the representations they had made to their +fellow-aristocrat, Baron von Sendlingen, had not been in vain. +Certainly this report could only be maintained in uninitiated circles; +anyone who was intimately acquainted with the aristocratic society of +the province knew well enough, that the Countess Riesner-Graskowitz was +assuredly the last person in the world to experience a single movement +of pity for the condemned girl. + +Be that as it might, Sendlingen behaved in this case as he had all his +life behaved in any professional matter: humanely and kindly, but +strictly according to the law and without over-stepping his duty by a +hair's breadth. The better attention, the separate cell in the +Infirmary, would certainly have been allotted to any one else about +whom the doctor had made the same representations. When Father Rohn, +moved by his sense of compassion, sought to obtain some insignificant +favour that went beyond these lines--it had reference to some +absolutely trifling regulation of the house--the Governor of the gaol +was ready to grant it, but the Chief Justice rigidly set his face +against the demand. + +When Berger heard of this trivial incident, a heavy burden which he had +been silently carrying for weeks, without daring to seek for certainty +in a conversation on the subject, was rolled from his heart. He had put +an interpretation on the mysterious words that Sendlingen had uttered +the day after the trial, which had filled him with the profoundest +sorrow,--more than that with terror. Now he saw his mistake: a man who +so strictly obeyed his conscience in small matters where there was no +fear of discovery, would assuredly in any greater conflict between +inclination and duty, hold fast unrelentingly to justice and honour. + +He was soon to be strengthened in this view. + +It was three days before Christmas-day when he once more entered his +friend's chambers. He found him buried in the perusal of letters which, +however, he now pushed from him. + +"The mail from Vienna is not in yet," he said, "the train must have got +blocked in the snow. But I have letters from Pfalicz. The Chief Justice +of the Higher Court there, to whose position I am to succeed, asks +whether it would not be possible for me to release him soon after the +New Year, instead of at the end of February, as the Minister of Justice +arranged. He is unwell, and ought to go South as soon as possible." + +"Great Heavens!" cried Berger. "Why, we have forgotten all about that." +And indeed those stormy days and the succeeding weeks of silent, +anxious suffering had hardly allowed him to think of Sendlingen's +impending promotion and departure. + +"I have not," replied Sendlingen, gloomily. "The thought that I had to +go, has often enough weighed me down more heavily than all my other +burdens. How gladly I would stay here now, even if they degraded me +to--to the post of Governor of the prison! But I have now no option. I +have definitely accepted the position at Pfalicz and I must enter upon +it." + +"And do you really think of departing at the New Year?" + +"No, that would be beyond my duty. I should be glad to oblige the +invalid, but as you know, I cannot. I shall stay till the end of +February; the decision must have come by that time." + +He again bent over a document that lay before him. Berger too, was +silent, he went to the window and stared out into the grey dusk; it +seemed as if the snow-storm would never cease. + +There was a knock at the door; a clerk of the Court of Record entered. +"From the Supreme Court," he announced, laying a packet with a large +seal on the table. "It has just arrived. Personally addressed to your +lordship." + +The clerk departed; Berger approached the table. When he saw how +excited Sendlingen was, how long he remained gazing at the letter, he +shook his head. "That cannot be the decision," he said. "It would +not be addressed to you. It is some indifferent matter, a question of +discipline, a pension." + +Sendlingen nodded and broke the seal. But at the first glance a deathly +pallor overspread his face, and the paper in his hands trembled so +violently that he had to lay it on the table in order to read it to the +end. "Read for yourself," he then muttered. + +Berger glanced through the paper; he too felt his heart beat +impetuously as he did so. It was certainly not the decision, only a +brief charge, but its contents were almost equivalent to it. + +The lawyers examining the appeal had, as Berger hoped, been struck by +Baron Dernegg's dissentient vote and the motives for this. Dernegg was +not of the opinion of his brother judges that this was a case of +premeditated murder, maliciously planned months beforehand, but a deed +done suddenly, in a paroxysm of despair, nay, most probably in a moment +when the girl was not accountable for her actions. Against this more +clement view, there certainly were the depositions of the Countess, and +Victorine's attempts to conceal her condition. But on the other hand, +her only _confidante_, the servant-girl, had deposed at the preliminary +inquiry that Victorine had only made these attempts by her advice and +with her help, and, moreover, with the sole object of staying in the +house until the young Count should come to her aid. This testimony, +however, she had withdrawn at the trial. Berger had chiefly based his +appeal to nullify the trial, on the fact that the witness, in spite of +this contradiction, had been put on her oath, and to the examining +lawyer, also, this seemed a point of decisive importance. The Chief +Justice was, therefore, commissioned to completely elucidate it by a +fresh examination of the witness. Probably the charge had been directed +to him personally because, as it stated, neither Herr von Werner nor +any of the other judges who had been in favour of putting her on oath, +could very well be entrusted with the inquiry. But if Sendlingen were +actually too busy with other matters to conduct the examination, he +might hand it over to the third Judge, Herr von Hoche. + +"What will you do?" asked Berger. "The matter is of the gravest +importance. That the girl gave false evidence at the trial, that this +was her return for being taken back into the Countess' service, we know +for a certainty. The only question is whether we can convict her of it. +An energetic Judge could without doubt do so, but will old Hoche, now +over seventy, succeed? He is a good man, but his years weigh heavily +upon him, he is dragging himself through his duties till the date of +his retirement--four weeks hence--I fancy as best he can. And therefore +once again--what will you do, Victor?" + +"I don't know," he murmured. "Leave me alone. I must think it out by +myself. Forgive me! my conscience alone can decide in such a matter. +Good-bye till this evening, George." + +Berger departed; his heart was as heavy as ever it had been. In the +first ebullition of feeling, moved by his pity for these two beings, he +had wished to compel his friend to undertake the inquiry, but now he +had scruples. Was not the position the same as on the day of the trial? +And if he then approved of his friend's resolution not to preside, +could he now urge him to undertake a similar task? Certainly the +conflict was now more acute, more painfully accentuated, but was +Sendlingen's duty as a Judge any the less on that account? Again the +thought rose in Berger's mind which a few weeks ago had comforted him +and lifted him above the misery of the moment: that there was a +solution of these complications, a great, a liberating solution--there +must be, just because this man was what he was! But even now he did not +know how to find this solution; one thing only was clear to him: if +Sendlingen undertook the inquiry and thus saved his child, it would be +an act for which there would be all manner of excuses but it would +assuredly not be that great, saving act of which he dreamt! And yet if +Hoche in his weakness ruined the case and did not bring the truth to +light, if she perhaps had to die now that she had begun to hope again, +now that she had waked to a new life ... Berger closed his eyes as if +to shut out the terrible picture that obtruded itself upon him, and yet +it rose again and again. + +At dusk, just as he was starting to his friend's, Fraeulein Brigitta +called to see him. + +"I am to tell you," she began, "that his Lordship wants you to postpone +your visit until to-morrow. But it is not on that account that I have +come, but because I am oppressed with anxiety. Has the decision +arrived? He is as much upset again as he was on the day of the trial." + +Berger comforted her as well as he could. "It is only a momentary +excitement," he assured her, "and will soon pass." + +"I only thought so because he is behaving just as he did then. It +is a singular thing; he has been rummaging for those keys again. You +know,--the one that opens the little door in the court-yard wall. I +came in just in the nick of time to see him take it out of his +writing-table drawer. And just as before, it seemed to annoy him to be +surprised in the act.--Isn't that strange?" + +"Very strange!" he replied. But he added hastily: "It must have been a +mere chance." + +"Certainly, it can only have been a coincidence," he thought after +Brigitta had gone, "it would be madness to impute such a thing to him, +to him who was horrified at the idea of conducting the trial and +equally at the thought of conducting this examination. And yet when he +first seized upon that key, the idea must certainly have taken a +momentary possession of him, and that it should have returned to him +to-day, to-day of all days." + +As he was the next day walking along the corridor that led to +Sendlingen's chambers, he met Mr. Justice Hoche. The hoary old man, +supporting himself with difficulty by the aid of a stick, was looking +very testy. + +"Only think," he grumbled, "what an odious task the Chief Justice has +just laid upon me. It will interest you, you were Counsel for the +defence in the case." And he told him of the charge at great length. +"Well, what do you say to that? Isn't it odious?" + +"It is a very serious undertaking!" said Berger. "The matter is one of +the greatest importance." + +"Yes, and just for that reason," grumbled the old man, almost +whimpering. "I do not want to undertake any such responsibility, now, +when merely thinking gives me a head-ache. I suffer a great deal from +head-aches, Dr. Berger. And it is such a ticklish undertaking! For you +see either the maid-servant told the truth at the trial, in which case +this fresh examination is superfluous, or she lied and _ergo_ was +guilty of perjury and _ergo_ is a very tricky female! And how am I ever +to get to the bottom of a tricky female, Dr. Berger?" + +"Did you tell the Chief Justice this?" asked Berger. + +"Oh, of course! For half an hour I was telling him about my condition +and how I always get a head-ache now if I have to think. But he stuck +to his point, 'you will have to undertake the matter: you must exert +yourself!' Good Heavens! what power of exertion has one left at +seventy years of age! Well, good morning, dear Dr. Berger! But it's +odious--most odious!" + +Berger looked after the old man as he painfully hobbled along: "And in +such hands," he thought, "rests the fate of my two friends." + +Under the weight of this thought, he had not the courage to face +Sendlingen. He turned and went home in a melancholy mood. + +When the next day towards noon, he was turning homewards after a trial +at which he had been the defending barrister, he again met Mr. Justice +Hoche, who was just leaving the building, in the portico of the Courts. +The old gentleman was manifestly in a high state of contentment. + +"Well," asked Berger, "is the witness here already? Have you begun the +examination?" + +"Begun? I have ended it!" chuckled the old man. + +"And _re bene gesta_ one is entitled to rest. I shall let the law take +care of itself to-day and go home. I haven't even got a head-ache over +it; certainly it didn't require any great effort of thought--I soon got +at the truth." + +"Indeed?--and what is the truth?" + +"H'm! I don't suppose it will be particularly agreeable to you," +laughed the old Judge, leaning confidentially on Berger's arm. "Though +for the matter of that you may be quite indifferent about it: you have +done your duty, your appeal was certainly splendidly drawn up, but what +further interest can you have in this person? For she is a thoroughly +good-for-nothing person, and that's why she is dying so young! What +stories that servant-girl has told me about her, stories, my dear +doctor, that an old barrack-wall would have blushed to hear. She was +hardly seventeen years old when she came to the Countess', but already +had a dozen intrigues on her record, and what things she told her +_confidante_ about them, and which were repeated to me to-day--why, it +is a regular Decameron, my dear doctor, or more properly speaking: +Boccaccio in comparison is a chaste Carthusian." + +Berger violently drew his arm out of the old man's. "That's a lie!" he +said between his teeth. "A scandalous calumny!" + +The old Judge looked at him, quite put out of countenance. "Why, what +an idea," he cried. "If it were not so, this servant-girl would be a +tricky female." + +"So she is." + +"She is not! Oh, I know human nature. On the contrary, she is +good-natured and stupid. No one could tell lies with such assurance, +after having just been solemnly admonished to speak the truth. It is +all incontestably true; all her adventures: and how from the first she +had hatched a regular plot to corrupt the young Count. The crafty young +person calculated in this way: if our _liaison_ has consequences, I +shall perhaps inveigle the young man into a marriage, and if I don't +succeed I shall kill the child and look out for another place!" + +"But just consider this one fact," cried Berger. "If this had actually +been Victorine Lippert's plan she would certainly have reflected: if I +can't force a marriage, I shall at least get a handsome maintenance! +and in that case she would not have killed her child, but carefully +have preserved its life." + +The old Judge meditatively laid his finger on his nose. "Look here, Dr. +Berger," he said importantly, "that is a very reasonable objection. But +it has been adduced already, not by me, to tell the truth, but by my +assistant, a very wise young man. But the witness was able to give a +perfectly satisfactory explanation on the subject. To be sure, she only +did so after repeated questions and in a hesitating and uncertain +manner--the good, kind-hearted girl could with difficulty bring herself +to add still more to the criminal's load, but at length she had to +speak out. Thus we almost accidentally extracted a very important +detail that proved to be of great importance in determining the case. +It is a truly frightful story. Only fancy, this mere girl, this +Victorine Lippert, has always had a sort of thirst for the murder of +little children. She repeatedly said to the girl long before the deed, +before the young Count came to the Castle at all: 'Strange! but +whenever I see a little child, I always feel my hands twitching to +strangle it.' Frightful--isn't it. Dr. Berger?" + +"Frightful indeed!" cried Berger, "if you have believed this +poorly-contrived story of the wretched, perjured woman--poorly-contrived, +and invented in the necessity of the moment so as to meet the objection +of your assistant, so as not to be caught in her net of lies, so as to +render the Countess another considerable service." + +"Really, you will not listen to reason," said the old man, now +seriously annoyed. "I feel my head-ache coming on again. Do you mean to +say that you accuse the Countess of conniving at perjury! A lady of the +highest aristocracy! Excuse me, Dr. Berger--that is going too far! You +are a liberal, a radical, I know, but that doesn't make every Countess +a criminal. But if this is really your opinion of the witness, take out +a summons for perjury at once!" + +"It may come to that," replied Berger. + +The old man shook his head. "Spare yourself the trouble," he said +good-naturedly, "it will prove ineffectual, but you may certainly get +yourself into great difficulties. Why expose yourself, for the sake of +such an abandoned creature, to an action for libel on the part of the +Countess and her servant? How abandoned she is, you have no suspicion! +I have, thank Heaven, concealed the worst of all from you, and you +shall not learn it at my hands. You may read for yourself in the +minutes. I do not wish to make a scene in the street. I was so enjoying +this fine afternoon, and you have quite spoilt my good humour. Well, +good-bye. Dr. Berger, I will forgive you. You have allowed yourself to +be carried away by your pity, but you are bestowing it upon an unworthy +creature! The witness gave me the impression of being absolutely +trustworthy, and I have stated so in the minutes! I considered myself +bound in conscience to do so." + +"Then you have a human life on your conscience!" Berger blurted out. He +had not meant to say anything so harsh, but the words escaped him +involuntarily. + +The old man started and clasped his hands. His face twitched, and +bright tears stood in his eyes. + +"What have I done to you?" he moaned. "Why do you say such a horrible +thing? Why do you upset me? I have always considered you a good man, +and now you behave like this to me!" + +Berger stepped up to him and offered his hand. "Forgive me," he said, +"your intention is good and pure, I know. And just for that reason I +implore you to reflect well before you let the minutes go out of your +hands." + +"That is already done. I have just handed them to the Chief Justice." + +"And what did he say?" + +"Nothing, what should he say? Certainly he too seemed to be put out +about something, for when I was about to enter on a brief discourse, he +dismissed me a little abruptly." + +"But it is open to you to demand the minutes back, and examine the +witness again. Keep a sterner eye upon her, and the contradictions in +which she gets involved will certainly become evident to you. At her +first examination she could only say the best things of Victorine +Lippert, at the trial she had lost her memory, and now of a sudden +nothing is too bad." + +"Oh, you barristers!" cried the Judge. "How you twist everything! The +kind-hearted creature wanted to save Victorine Lippert and pity moved +her to lie at first: she has just openly and repentantly confessed that +she did. But at the trial, before the Crucifix, before the Judges, her +courage left her. She was silent, because like a good and chaste girl, +she could not bring herself to speak before a crowd of people of all +those repulsive details. You see, everything is explained. You are +talking in vain." + +"In vain!" Berger sighed profoundly. "Good-bye," he said turning to go. + +But after he had gone a few steps, Hoche called after him. The old +man's eyes were full of tears. "You are angry with me?" he said. + +"No." + +"Well, you have no reason to be angry, though I have--but I forgive +you. By what you said you might easily have made me unhappy if the case +had not been so clear. Certainly I am upset now. To-morrow is Christmas +Eve; my children and grand-children will come and bring me presents, +and I shall give them presents, and I shall think all the time: Hoche, +what a frightful thing if you were a murderer! You will take back your +words, won't you? I am no murderer, am I?" + +Berger looked at the childish old man. "O tragicomedy of life!" he +thought, but added aloud: + +"No, Herr Hoche, you are no murderer." + +In the evening he went to see Sendlingen and look over the minutes +which he too had the right of disputing. He would have been +disconsolate enough if he had not already known their contents; as it +was the extraordinary tone of the document cheered him a little. The +'wise young man' was perhaps himself an author, or at least had +certainly read a great many cheap novels; the style in which he had +reproduced the servant girl's imaginations was, in the worst sense of +the word "fine!" How this lessened the danger of the contents was shown +especially, by that worst fact of all which Hoche could not bring +himself to pronounce, and which was of such monstrous baseness that the +faith of even the most vapid of judges must have been shaken in all the +rest. + +"That is quite harmless," said Berger. "More than that, these monstrous +lies are just the one bit of luck in all our misfortunes." + +"Certainly!" Sendlingen agreed. "But we must not count too much upon +them. The examining judge may not believe everything, but he will +certainly not discredit everything. It could not be expected after +Hoche's enthusiastic advocacy of the witness' credibility." + +"And yet these minutes must be sent off. Would it not be possible to +hand over the inquiry to some one else?" + +"Impossible, or I would have done so yesterday. Either I or Hoche--the +charge of the Supreme Court is clear enough! And _I_ could not do it! +It seemed to me mean and cowardly, treacherous and paltry, to break my +Judge's oath, trusting to the silence of the three people who beside me +know the secret, trusting moreover never to have to undergo punishment +for my offence. To this consideration it seemed to me that every other +must give way." + +Berger was silent. "Would it not be possible to take out a summons for +perjury?" he resumed. + +"No," cried Sendlingen, "it would be an utterly useless delay! Success +in the present position of things is not to be hoped for." + +Berger bowed his head. + +"Then Justice will suffer once again," he said in deep distress. "I +will not reproach you. When I put myself in your place--I cannot trust +myself to say that I should have done the same. I only presume I +should, but this one thing I do know, that in accordance with your +whole nature you have acted rightly. Still, ever since the moment that +I spoke to Hoche, I cannot silence a tormenting question. Ought +fidelity to the Law be stronger than fidelity to Justice? You would not +undertake the inquiry because a father may not take part in an +examination conducted against his child, but were you justified in +handing it over to a man who was no longer in a condition to find out +the truth, to fulfil his duty? Has not justice suffered at your hands +by your respect for the law, that justice, I mean, which speaks aloud +in the heart of every man?" + +Sendlingen was staring gloomily at the floor. Then he raised his eyes +and looked his friend full in the face. The expression of his +countenance, the tone of his voice became almost solemn. + +"I have fought out for myself an answer to this question. I may not +tell you what it is; but one thing I can solemnly swear: this outraged +justice to which you refer will receive the expiation which is its +due." + + + + + CHAPTER X. + + +Christmas was past, New Year had come, the year 1853, one of the most +melancholy that the Austrian Empire had ever known. The atmosphere was +more charged than ever, coercion more and more severe, the confederacy +between the authorities of Church and State closer and closer. +Melancholy reports alarmed the minds of peaceful citizens: the Italian +Provinces were in a state of ferment, a conspiracy was discovered in +Hungary, and a secret league of the Slavs at Prague. How strong or how +weak these occult endeavours against the authority and peace of the +state might be, no one knew. One thing only was manifest: the severity +with which they were treated; and perhaps in this severity lay the +greatest danger of all. It was the old sad story that so often repeats +itself in the life of nations, and was then appearing in a new shape; +tyranny had called forth a counter-tyranny and this, in its turn, a +fresh tyranny. The police had much to do everywhere, and in some +districts the Courts of Justice too. + +One of the greatest of the political investigations had, since +Christmas 1852, devolved upon the Court at Bolosch. The middle +classes of this manufacturing town were exclusively Germans, the +working-classes principally Slavs. It was among these latter that the +police believed they had discovered the traces of a highly treasonable +movement. About thirty workmen were arrested and handed over to +Justice. Sendlingen, assisted by Dernegg, personally conducted the +investigation. He had made the same selection in all the political +arrangements of the last few years, although he knew that any other +would have been more acceptable to the authorities. Certainly neither +he nor Dernegg were Liberals--much less Radicals--who sympathised with +Revolution and Revolutionaries. On the contrary both these aristocrats +had thoroughly conservative inclinations, at all events in that good +sense of the word which was then and is now so little understood in +Austria, and is so seldom given practical effect. They were, moreover, +entirely honourable and independent judges. But there was a prejudice +in those days against men of unyielding character, especially in the +case of political trials. There was an opinion that "pedantry" was out +of place where the interests of the state were at stake. Sendlingen, on +the other hand, was convinced that a political investigation should not +be conducted differently from any other, and it was precisely in this +inquisition into the conduct of the workmen that he manifested the +greatest zeal, but at the same time the most complete impartiality. + +Divers reasons had determined him to devote all his energy to the case. +The diversion of his thoughts from his own misery did him good: the +ceaseless work deadened the painful suspense in which he was awaiting +the decision from Vienna. Moreover his knowledge of men and things had +predisposed him to believe that these poor rough fellows had not so +much deserved punishment as pity, and after a few days he was convinced +of the justice of this supposition. + +These raftsmen and weavers and smiths who were all utterly ignorant, +who had never been inside a school, who scarcely knew a prayer save the +Lord's Prayer, who dragged on existence in cheerless wretchedness, were +perhaps more justified in their mute impeachment of the body politic, +than deserving of the accusations brought against them. They did not go +to confession, they often sang songs that had stuck in their minds +since 1848, and some of them had, in public houses and factories, +delivered speeches on the injustice of the economy of the world and +state as it was reflected in their unhappy brains. This was all; and +this did not make them enemies of the State or of the Emperor. On the +contrary, the record of their examination nearly always testified the +opinion: "the only misfortune was that the young Emperor knew nothing +of their condition, otherwise he would help them." Sendlingen's noble +heart was contracted with pity, whenever he heard such utterances. And +these men he was to convict of high treason! No! not an instant longer +than was absolutely necessary should they remain away from their +families and trades. + +On the Feast of the Epiphany Sendlingen was sitting in his Chambers +examining a raftsman, an elderly man of herculean build with a heavy, +sullen face, covered with long straggling, iron-grey hair; Johannes +Novyrok was his name. The police had indicated him as particularly +dangerous, but he did not prove to be worse than the rest. + +"Why don't you go to confession?" asked Sendlingen finally when all the +other grounds of suspicion had been discussed. + +"Excuse me, my Lord," respectfully answered the man in Czech. "But do +you go?" + +Sendlingen looked embarrassed and was about to sharply reprove him for +his impertinent question, but a look at the man's face disarmed him. +There was neither impertinence nor insolence written there, but rather +a painful look of anxiety and yearning that strangely affected +Sendlingen. "Why?" he asked. + +"Because I might be able to regulate my conduct by yours," replied the +raftsman. "You see, my Lord, I differ from my brethren. People such as +we, they think, have no time to sin, much less to confess. The God +there used to be, must surely be dead, they say, otherwise there would +be more justice in the world; and if he is still alive, he knows well +enough that anyhow we have got hell on this earth and will not suffer +us to be racked and roasted by devils in the next world. But I have +never agreed with such sentiments; they strike me as being silly and +when my mates say: rich people have a good time of it, let them go to +confession,--why, its arrant nonsense. For I don't believe that any one +on earth has a good time of it, not even the rich, but that everybody +has their trouble and torment. And therefore I should very much like to +hear what a wise and good man, who must understand these things much +better than I do, has to say to it all. It might meet my case. And I +happen to have particular confidence in you. In the first place because +you're better and wiser than most men, so at least says every one in +the town, and this can't be either hypocrisy or flattery, because they +say so behind your back. But I further want to hear your opinion, +because I know for certain that you have an aching heart and plenty of +trouble." + +"How do you know that?" + +Novyrok glanced at the short-hand clerk sitting near Sendlingen and who +was manifestly highly tickled at the simplicity of this ignorant +workman. "I could only tell you," he said shyly, "if you were to send +that young man out of the room. It is no secret, but such fledglings +don't understand life yet." + +The young clerk was much astonished when Sendlingen actually made a +sign to him to withdraw. + +"Thank you," said the raftsman after the door was shut "Well, how I +know of your trouble? In the first place one can read it in your +face, and secondly I saw you one stormy night--it may be eight weeks +ago--wandering about the streets by yourself. You went down to the +river; I was watchman on a raft at the time and I saw you plainly. +There were tears running down your cheeks, but even if your eyes had +been dry--well no one goes roaming alone and at random on such a night, +unless he is in great trouble." + +Sendlingen bowed his head lower over the papers before him. Novyrok +continued: + +"An hour later, your friend brought you into our inn whither I had come +in the meanwhile after my mate had relieved me of the watch. You were +unconscious. I helped to carry you and take you home.... I don't tell +you this in the hope that you may punish me less than I deserve, but +just that I may say to you: you too, my Lord, know what suffering +is--do you find the thought of God comforting, and what do you think of +confession?" + +Sendlingen made no reply; the recollection of that most fatal night of +his existence and the solemn question of the poor fellow, had deeply +moved him. "You must have experienced something, Novyrok," he said at +length, "that has shaken your Faith." + +"Something, my Lord? Alas, everything!--Alas, my whole life! I don't +believe there are many people to whom the world is a happy place, but +such men as I should never have been born at all. I have never known +father or mother, I came into the world in a foundling hospital on a +Sylvester's Eve some fifty years ago--the exact date I don't know--and +that's why they called me 'Novyrok' (New-Year). I had to suffer a great +deal because of my birth; it is beyond all belief how I was knocked +about as a boy and youth among strangers--even a dog knows its mother +but I did not. And therefore one thing very soon became clear to me: +many disgraceful things happen on this earth, but the most disgraceful +thing of all is to bring children into the world in this way. Don't you +think so, my Lord?" + +Sendlingen did not answer. + +"And I acted accordingly," continued Novyrok, "and had no love-affair, +though I had to put great restraint upon myself. I don't know whether +virtue is easy to rich people; to the poor it is very bitter. It was +not until I became steersman of a raft and was earning four gulden a +week that I married an honest girl, a laundress, and she bore me a +daughter. That was a bright time, my Lord, but it didn't last long. My +wife began to get sickly and couldn't any longer earn any thing; we got +into want, although I honestly did my utmost and often, after the raft +was brought to, I chopped wood or stacked coal all night through when I +got the chance. Well, however poorly we had to live, we did manage to +live; things didn't get really bad till she died. My mates advised me +then to give the care of my child to other people--and go as a raftsman +to foreign parts, on a big river, the Elbe or the Danube: 'Wages,' they +said, 'are twice as much there and you, as an able raftsman, can't help +getting on.' But I hadn't got it in my heart to leave my little +daughter. Besides I was anxious about her; to be sure she was only +just thirteen, and a good, honest child, but she promised to be very +nice-looking. If you go away, I said to myself, you may perhaps stay +away for many years, and there are plenty of men in this world without +a conscience, and temptation is great! So I stayed, and so as not to be +separated from her even for a week, I gave up being a raftsman and +became a workman at a foundry. But I was awkward at the work, the wages +were pitiful, and though my daughter, poor darling, stitched her eyes +out of her head, we were more often hungry than full. I frequently +complained, not to her, but to others, and cursed my wretched +existence--I was a fool! for I was happy in those days; I did my duty +to my child." + +Novyrok paused. Sendlingen sighed deeply. "And then?" he asked. + +"Then, my Lord," continued the raftsman, "then came the dark hour, when +I yielded to my folly and selfishness. Maybe I am too hard on myself in +saying this, for I thought more of my child's welfare than my own, and +many people thought what I did reasonable. But otherwise I must accuse +Him above, and before I do that I would rather accuse myself. But I +will tell you what happened in a few words. A former mate of mine who +was working at the salt shipping trade on the Traun, persuaded me to go +with him, just for one summer, and the high wages tempted me. My girl +was sixteen at that time; she was like a rose, my Lord, to look at. But +before I went I told her my story, where I was born and who my mother +very likely was, and I said to her: 'Live honestly, my girl, or when I +come back in the autumn I will strike you dead, and then jump into the +deepest part of the river.' She cried and swore to me she'd be good. +But when I came back in the autumn----" + +He sobbed. It was some time before he added in a hollow voice: "Hanka +was my daughter's name. Perhaps you remember the case, my Lord. It took +place in this house. Certainly it's a long while ago; it will be seven +years next spring." + +"Hanka Novyrok," Sendlingen laid his hand on his forehead. "I +remember!" he then said. "That was the name of the girl who--who died +in her cell during her imprisonment upon trial." + +"She hanged herself," said Novyrok, sepulchrally. "It happened in the +night; the next morning she was to have come before the Judges. She had +murdered her child." + +There was a very long silence after this. Novyrok then resumed: + +"You didn't examine me about the case, you would have understood me. +The other Judge before whom I was taken didn't understand me when I +said: 'This is a controversy between me and Him up above, for either He +is at fault or I am.' The Judge at first thought that grief had turned +my head, but when he understood what I said, he abused me roundly and +called me a blasphemer. But I am not that. I believe in Him. I do not +blaspheme Him, only I want to know how I stand with Him. It would be +the greatest kindness to me, my Lord, if you could decide for me." + +"Poor fellow," said Sendlingen, "don't torment yourself any more about +it; such things nobody can decide." + +Novyrok shook his head with a sigh. "A man like you ought to be able to +make it out," he said, "although I can see that it is not easy. For +look here--how does the case stand? A wretched blackguard, a +linendraper for whom she used to sew, seduced her in my absence. If I +had stayed here, it would not have happened. When I came back I learnt +nothing about it, she hid it from me out of fear of what I had said to +her at parting, and that was the reason why she killed her child, yes, +and herself too in the end. For I am convinced that it was not the fear +of punishment that drove her to death, but the fear of seeing me again, +and no doubt, she also wished to spare me the disgrace of that hour. +Now, my Lord, all this----" + +They were interrupted. A messenger brought in a letter which had +just arrived. Sendlingen recognised the writing of the count, his +brother-in-law, who was a Judge of the Supreme Court. He laid the +letter unopened on the table; very likely belated New-year's wishes, he +thought. "Go on!" he said to the Accused. + +"Well, my Lord, all this seems to tell against me, but it might be +turned against Him too. I might say to Him: 'Wasn't I obliged to try +and keep her from sin by using the strongest words? And why didst Thou +not watch over her when I was far away; Hanka was Thy child too, and +not only mine! And if Thou wouldst not do this, why didst Thou suffer +us two to be born? Thou wilt make reparation, sayst Thou, in Thy +Heaven? Well, no doubt it is very beautiful, but perhaps it is not so +beautiful that we shall think ourselves sufficiently compensated.' You +see, my Lord, I might talk like this--But if I were to begin. He too +would not be silent, and with a single question He could crush me. 'Why +did you go away?' He might ask me. 'Why did you not do your duty to +your child? I, O fool, have untold children; you had only this one to +whom you were nearest. You say in your defence that you did not act +altogether selfishly, that you wanted to better her condition as well. +May be, but you did think of _your own_ condition, _of yourself_ as +well, and that a father may not do! I warned you by your own life, and +by causing your conscience and presentiments to speak to you--why did +you not obey Me? Besides you would not have starved here?' You see, my +Lord, He might talk to me in this way and He would be right, for a +father may not think of himself for one instant where his child's +welfare is concerned. Isn't that so? + +"Yes, that is so!" answered Sendlingen solemnly. + +"Well, that is why I sometimes think: you should certainly go to +confession! What do you advise, my Lord?" + +This time, too, Sendlingen could find no relevant answer, much as he +tried to seek the right words of consolation for this troubled heart. +He strove to lessen his sense of guilt, that sensitive feeling which +had so deeply moved him, and finally assured him also of a speedy +release. But Novyrok's face remained clouded; the one thing which he +had wished to hear, a decision of his singular "controversy" with +"Him," he had to do without, and when Sendlingen rang for the turnkey +to remove the prisoner, the latter expressed his gratitude for "his +Lordship's friendliness" but not for any comfort received. + +Not until he had departed did Sendlingen take up his brother-in-law's +letter, which he meant hastily to run through. But after a few lines he +grew more attentive and his looks became overcast. "And this too," he +muttered, after he had read to the end, and his head sank heavily on +his breast. + +The Count informed him, after a few introductory lines, of the purport +of a conversation he had just had with the Minister of Justice. "You +know his opinion," said the letter, "he honestly desires your welfare, +and a better proof of this than your appointment to Pfalicz he could +not have given you. All the more pained, nay angered, is he at your +obstinate disregard of his wishes. He told you in plain language that +he did not desire you and Dernegg to take part in any political +investigations. You have none the less observed the same arrangement in +the present investigation against the workmen. I warn you, Victor, not +for the first time, but for the last. You are trifling with your +future; far more important people than Chief Judges, however able, are +now being sent to the right-about in Austria. The anger of the minister +is all the greater, because your defiance this time is notorious. +Scarcely a fortnight ago, the Supreme Court instructed you to undertake +the brief examination of a witness; you handed the matter over to Hoche +and excused yourself on the plea of the pressure of your regular work; +and yet this work now suddenly allows you personally to conduct a +complicated inquiry against some three dozen workmen." The letter +continued in this strain at great length and concluded thus: "I implore +you to assign the inquiry to Werner and to telegraph me to this effect +to-day. If this is not done, you will tomorrow receive a telegram from +the Minister commanding you to do so. And if you don't obey then, the +consequences will be at once fatal to you. You know that I am no lover +of the melodramatic, and you will therefore weigh well what I have +said." + +His brother-in-law--and Sendlingen knew it--certainly never affected a +melodramatic tone, and often as he had warned him, he had never before +written in such a key. What should he do? It was against his conscience +to submit and leave these poor fellows to their fate; but might he +concern himself more about men who were strangers to him, than about +the wellbeing of his own child? If he did not yield, would he not +perhaps be suddenly removed from his office, and just at the moment +when his unhappy daughter most of all required his help? + +He went to his residence in a state of grievous interior conflict, +impotently drawn from one resolve to another. He sighed with relief +when Berger entered; his shrewd, discreet friend could not have come at +a more opportune moment. + +But he, too, found it difficult to hit upon the right counsel, or at +least, to put it into words. "Don't let us confuse ourselves, Victor," +he said at length. "First of all, you know as well as I do, that the +Minister has no right to put such a command upon you. You are +responsible to him that every trial in your Court shall be conducted +with the proper formalities; the power to arrange for this is in your +hands. And therefore they dare not seriously punish your insistence on +your manifest right. Dismissal on such a pretext is improbable and +almost inconceivable, especially when it is a question of a man of your +name and services." + +"But it is possible." + +"Anything is possible in these days," Berger was obliged to admit. "But +ought this remote possibility to mislead you? You would certainly not +hesitate a moment, if consideration for your child did not fetter you. +Should this consideration be more authoritative than every other? In my +opinion, no!" + +"Because you cannot understand my feelings!" Sendlingen vehemently +interposed. "A father may not think of himself when his child's welfare +is concerned. The voice of nature speaks thus in the breast of every +man, even the roughest, and should it be silent in me?" + +"My poor friend," said Berger, "in your heart, too, it has surely +spoken loud enough. And yet, so far, you have not hesitated for a +moment to fulfil your duty as a judge when it came into conflict with +your inclination. You would not preside at the trial, you would not +conduct the examination. The struggle is entering on a new phase, you +cannot act differently now." + +"I must! I cannot help these poor people--besides Werner himself will +hardly be able to find them guilty. And the cases are not parallel; I +should have broken my oath if I had presided at the trial: I do not +break it if I obey the Minister's command." + +"That is true," retorted Berger. "But I can only say: Seek some other +consolation, Victor,--this is unworthy of you! For you have always +been, like me, of the opinion that it is every man's duty to protect +the right, and prevent wrong, so long as there is breath in his body! +If I admonish you, it is not from any fanatical love of Justice, but +from friendship for you, and because I know you as well as one man can +ever know another. Your mind could endure anything, even the most +grievous suffering, anything save one thing: the consciousness of +having done an injustice however slight. If you submit, and if these +men are condemned even to a few years' imprisonment, their fate would +prey upon your mind as murder would on any one else. This I know, and I +would warn you against it as strongly as I can.... Let us look at the +worst that could happen, the scarcely conceivable prospect of your +dismissal. What serious effect could this have upon the fate of your +child? You perhaps cling to the hope of yourself imparting to her the +result of the appeal; that is no light matter, but it is not so grave +as the quiet of your conscience. It can have no other effect. If the +purport of the decision is a brief imprisonment, you could have no +further influence upon her destiny, whether you were in office or not; +she would be taken to some criminal prison, and you would have to wait +till her term of imprisonment was over before you could care for her. +If the terms of the decision are imprisonment for life, or death (you +see, I will not be so cowardly as not to face the worst), the only +course left open to you is, to discover all to the Emperor and implore +his pardon for your child. Is there anything else to be done?" + +Sendlingen was silent. + +"There is no other means of escape. And if it comes to this, if you +have to sue for her pardon, it will assuredly be granted you, whether +you are in office or not. It will be granted you on the score of +humanity, of your services and of your family. It is inconceivable that +this act of grace should be affected by the fact that you had just +previously had a dispute with the Minister of Justice. It is against +reason, still more against sentiment. The young Prince is of a +chivalrous disposition." + +"That he is!" replied Sendlingen. "And it is not this consideration +that makes me hesitate, I had hardly thought of it. It was quite +another idea.... Thank you, George," he added. "Let us decide tomorrow, +let us sleep upon it." He said this with such a bitter, despairing +smile, that his friend was cut to the heart. + +The next morning when Berger was sitting in his Chambers engaged upon +some pressing work, the door was suddenly flung open and Sendlingen's +servant Franz entered. Berger started to his feet and could scarcely +bring himself to ask whether any calamity had occurred. + +"Very likely it is a calamity," replied the old man, continuing in his +peculiar fashion of speech which had become so much a habit with him, +that he could never get out of it. "We were taken ill again in +Chambers, very likely we fell down several times as before, we came +home deadly pale but did not send in for the Doctor, but for you, sir." + +Berger started at once, Franz following behind him. As they went along, +Berger fancied he heard a sob. He looked round: there were tears in the +old servant's eyes. When they got into the residence, Berger turned to +him and said: "Be a man, Franz." + +Then the old fellow could contain himself no longer; bright tears +coursed down his cheeks. "Dr. Berger," he stammered. He had bent over +his hand and kissed it before Berger could prevent him. "Have pity on +me! Tell me what has been going on the last two months! We often speak +to Brigitta about it--I am told nothing! Why? We know that this silence +is killing me. I could long ago have learned it by listening and +spying, but Franz doesn't do that sort of thing. If you cannot tell me, +at least put in a word for me. Surely we do not want to kill me!" + +Berger laid his hand on his shoulder. "Be calm, Franz, we have all +heavy burdens to bear." + +He then went into Sendlingen's room. "The minister's telegram?" he +asked. + +"Worse!" + +"The decision? What is the result?" The question was superfluous; the +result was plainly enough written in Sendlingen's livid, distorted +features. Berger, trembling in every limb, seized the fatal paper that +lay on the table. + +"Horrible!" he groaned--it was a sentence of death. + +He forced himself to read the motives given; they were briefly enough +put. The Supreme Court had rejected the appeal to nullify the trial, +although the credibility of the servant-girl had appeared doubtful +enough to it, too. At the same time, the decision continued, there was +no reason for ordering a new trial, as the guilt of the accused was +manifest without any of the evidence of this witness. The Supreme Court +had gone through this without noticing either her recent statement +incriminating the Accused, nor her first favorable evidence. The +Countess' depositions alone, therefore, must determine Victorine's +conduct before the deed, and her motives for the deed. These seemed +sufficient to the Supreme Court, not to alter the sentence of death. + +For a long time Berger held the paper in his hands as if stunned; at +length he went over to his unhappy friend, laid his arms around his +neck and gently lifted his face up towards him. But when he looked into +that face, the courage to say a word of consolation left him. + +He stepped to the window and stood there for, perhaps, half an hour. +Then he said softly, "I will come back this evening," and left the +room. + +Towards evening he received a few lines from his friend. Sendlingen +asked him not to come till to-morrow; by that time he hoped to have +recovered sufficient composure to discuss quietly the next steps to be +taken. He was of opinion that Berger should address a petition for +pardon to the Emperor, and asked him to draw up a sketch of it. + +Berger read of this request with astonishment. He would certainly have +lodged a petition for pardon, even if Victorine Lippert had been simply +his client and not Sendlingen's daughter. But he would have done it +more from a sense of duty than in the hope of success. That this hope +was slight, he well knew. The petition would have to take its course +through the Supreme Court, and it was in the nature of the case that +the recommendation of the highest tribunal would be authoritative with +the Emperor; exceptions had occurred, but their number was assuredly +not sufficient to justify any confident hopes. All this Sendlingen must +know as well as himself. Why, therefore, did he wish that the attempt +should be made? In this desperate state of things, there was but one +course that promised salvation; a personal audience with the Emperor. +Why did Sendlingen hesitate to choose this course? + +Berger made up his mind to lay all this strongly before him, and when +on the next day he rang the bell of the residence, he was determined +not to leave him until he had induced him to take this step. + +"We are still in Chambers," announced Franz. "We want you to wait here +a little. We have been examining workmen again since this morning +early, and have hardly allowed ourselves ten minutes for food." + +"So he has none the less resolved to go on with that?" said Berger. +Perhaps, he thought to himself, the telegram has not arrived yet. + +"None the less resolved?" cried Franz. "We have perhaps seldom worked +away with such resolution and Baron Dernegg, too, was dictating +to-day--I say it with all respect--like one possessed." + +Berger turned to go. It occurred to him that he had not seen Victorine +for a week, and he thought he would use the interval by visiting her. +"I shall be back in an hour," he said to Franz. "In the meanwhile I +have something to do in the prison." + +"In the prison?" The old man's face twitched, he seized Berger's arm +and drew him back into the lobby, shutting the door. "Forgive me, Dr. +Berger. My heart is so full.... You are going to her--are you not? To +our poor young lady, to Victorine?" + +"What? Since when?" ... + +"Do I know it?" interrupted Franz. "Since yesterday evening!" And with +a strange mixture of pride and despair he went on: "We told me +everything!... Oh, it is terrible. But we know what I am worth! My poor +master! ah! I couldn't sleep all night for sorrow.... But we shall see +that we are not deceived in me.... I have a favour to ask, Dr. Berger. +Brigitta has the privilege naturally, because she is a woman and a +member of the 'Women's Society.' But I, what can I appeal to? Certainly +I have in a way, been in the law for twenty-five years, and understand +more of these things than many a young fledgling who struts about in +legal toggery, but--a lawyer I certainly am not--so, I suppose, Dr. +Berger, it is unfortunately impossible?" + +"What? That you should pay her a visit? Certainly it is impossible, and +if you play any pranks of that kind----" + +"Oh! Dr. Berger," said the old man imploringly. "I did but ask your +advice because my heart is literally bursting. Well, if this is +impossible, I have another favour, and this you will do me! Greet our +poor young lady from me! Thus, with these words: 'Old Franz sends +Fraeulein Victorine his best wishes from all his heart--and begs her not +to despair.... and--and wants to remind her that the God above is still +living.'" + +Berger could scarcely understand his last words for the tears that +choked, the old man's voice. He himself was moved; as yesterday, so +to-day, Franz's tears strongly affected him, for the old servant was +not particularly soft by nature. "Yes, yes, Franz," he promised, and +then betook himself to the prison. He resolved to continue to be quite +candid with Victorine, but not to mention the result of the appeal by a +single word. + +But when he entered her cell, she came joyfully to meet him, her eyes +glistening with tears. "How shall I thank you?" she cried much moved +trying to take his hand. + +He fell back a step. "Thank me?--What for?" + +"Oh, I know," she said softly with a look at the door as if an +eavesdropper might have been there. "My father told me that it was not +official yet. He hurried to me this morning as soon as he had received +the news, but it is still only private information, and for the present +I must tell nobody! Whom else have I to thank but you?" + +"What?" he asked. And he added with an unsteady voice: "I have not seen +him for the last few days. Has he had news from Vienna?" + +"To be sure! The Supreme Court has pardoned me. My imprisonment during +trial is to be considered as punishment. In a few weeks I shall be +quite free." + +Berger felt all the blood rush to his heart. "Quite free!" he repeated +faintly. "In a few weeks!" And at the same time he was tortured by the +importunate question: "Great God! he has surely gone mad? How could he +do this? What is his object?" + +"Merciful Heaven!" she cried. "How pale you have turned. How sombre you +look! Merciful Heaven! you have not received other news? He has surely +not been deceived? Oh, if I had to die after all!--now--now----" + +She staggered. Berger took her hand and made her sink down on to the +nearest chair. "I have no other news," he said as firmly as possible. +"It came upon me with such a shock! I am surprised that he has not yet +told me anything. But then, of course, he did not hear of it till +to-day. If he has told you, you can, of course, look upon it as +certain." + +"May I not?" She sighed with relief. "I need not tremble any more? Oh, +how you frightened me!" + +"Forgive me--calm yourself!" + +He took up his hat again. + +"Are you going already? And I have not yet half thanked you!" + +"Don't mention it!" he said curtly, parrying her remark. "Au revoir," +he added with more friendliness, and leaving the cell, hurried to +Sendlingen's residence. + +He had just come in; Berger approached him in great excitement. "I have +just been to see Victorine," he began. "How could you tell this +untruth? How _could_ you?" + +Sendlingen cast down his eyes. "I had to do it. I was afraid that +otherwise the news of her condemnation might reach her." + +"No," cried Berger. "Forgive my vehemence," he then continued. "I have +reason for it. Such empty pretexts are unworthy of you and me. You +yourself see to the regulation of the Courts and the prison. The +Accused never hear their sentence until they are officially informed." + +"You do me an injustice," replied Sendlingen, his voice still +trembling, and it was not till he went on that he recovered himself: "I +have no particular reasons that I ought or want to hide from you. +I told her in an ebullition of feeling that I can hardly account +for to myself. When I saw her to-day she was much sadder, much more +hopeless, than has been usual with her lately. She certainly had a +presentiment--and I, in my flurry at this, feared that some report +might already have reached her. Such a thing, in spite of all +regulations, is not inconceivable; chance often plays strange pranks. +In my eager desire to comfort her, those words escaped me. The +exultation with which she received them, robbed me of the courage to +lessen their favourable import afterwards! That is all!" + +Berger looked down silently for a while. "I will not reproach you," he +then resumed. "How fatal this imprudence may prove, you can see as well +as I. She was prepared for the worst and therefore anything not so bad, +might perhaps have seemed like a favour of Heaven. Now she is expecting +the best, and whatever may be obtained for her by way of grace, it will +certainly dishearten and dispirit her. But there is no help for it now! +Let us talk of what we can help! You want me to lodge a petition for +pardon? It would be labour in vain!" + +"Well," said Sendlingen hesitatingly, "in some cases the Emperor has +revoked the sentence of death in spite of the decision of the Supreme +Court." + +"Yes, but we dared not build on this hope if we had no other. +Fortunately this is the case. You must go to Vienna; only on your +personal intercession is the pardon a _certainty_. And my petition +could at best only get the sentence commuted to imprisonment for life, +whereas your prayer would obtain a shorter imprisonment and, after a +few years, remission of the remainder. You must go to-morrow, +Victor--there is no time to lose." + +Sendlingen turned away without a word. + +"How am I to understand this?" cried Berger, anxiously approaching him. +"You _will_ not?" + +The poor wretch groaned aloud, "I will----" he exclaimed. "But later +on--later on----. As soon as your petition has been dispatched." + +"But why?" cried Berger. "I have hitherto appreciated and sympathised +with your every sentiment and act, but this delay strikes me as being +unreasonable, unpardonable. I would spare you if less depended on the +cast, but as it is, I will speak out. It is unmanly, it is----" He +paused. "Spare me having to say this to you, to you who were always so +brave and resolute. There is no time to lose, I repeat. Who will vouch +that it may not then be too late? If my petition is rejected, the Court +will at the same time order the sentence to be carried out. Do you know +so certainly that you will still be here then, that you will still have +time then to hurry to Vienna? Think! Think!" + +Berger had been talking excitedly and paused out of breath. But he was +resolved not to yield and was about to begin again when Sendlingen +said: "You have convinced me; I will go to Vienna sooner, even before +the dispatch of your petition." + +"Then you still insist that I shall proceed with it?" + +"Please; it can do no harm; it may do good. And at least we shall gain +time by it. I cannot undertake the journey to Vienna until the inquiry +against the working men is ended. In this, too, there is not a day to +be lost; neither Dernegg nor I know whether there is not an order on +the road that may in some way make us harmless. I trust we shall by +that time have succeeded in proving that no punishable offence has been +committed. I have received the Minister's telegram to-day, and at once +replied that the inquiry was so complicated, and had already proceeded +so far, that a change in the examining Judges would be impracticable." + +"I am glad that you have followed my advice," said Berger. "And in +spite of these aggravated conditions! You hesitated as long as the +decision was not known to you, as long as you simply feared it, and +when your fears were confirmed, you were brave again and did not +hesitate for an instant in doing your duty as an honourable man! +Victor, few people would have done the like!" He reached out his hand +to say good-bye. "You have now taken old Franz into your confidence?" +he asked, "another participator in the secret--it would have been well +to consider it first! But I will not begin to scold again. Adieu!" + + + + + CHAPTER XI. + + +More than two weeks had passed since this last interview. January of +1853 was drawing to a close and still there seemed no likelihood of an +end to the investigations against the workmen. + +Berger observed this with great anxiety. He had long since presented +the petition for pardon: the time was drawing near when it would be +laid before the Emperor, and yet, whenever the subject of the journey +to Vienna arose, Sendlingen had some reason or motive for urging that +he could not leave and that there was still time. When he made such a +remark Berger looked at him searchingly, as if he were trying to read +his inmost soul and then departed sadly, shaking his head. Every day +Sendlingen's conduct seemed to him more enigmatical and unnatural. For +this was the one means of saving Victorine's life! If he still +hesitated it could only proceed from fear of the agony of the moment, +from cowardice! + +But as often as Berger might and did say this to himself, he did not +succeed in convincing himself. For did not Sendlingen at the same time +evince in another matter and where the welfare and sufferings of +strangers to him were concerned, a moral courage rarely found in this +country and under this government. + +The conflict between Sendlingen and the Minister of Justice had +gradually assumed a very singular character; it had become a +"thoroughly Austrian business," as Berger sometimes thought with the +bitter smile of a patriot. To Sendlingen's respectful but decided +answer, the Minister had replied as rudely and laconically as possible, +commanding him to hand over the investigation forthwith to Werner. No +one could now doubt any longer that a further refusal would prove +dangerous, and Sendlingen sent his rejoinder,--a brief dignified +protest against this unjustifiable encroachment--with the feeling that +he had at the same time undersigned his own dismissal. And indeed in +any other country a violent solution would have been the only one +conceivable; but here it was different. Certainly a severe censure from +the Minister followed and he talked of "further steps" to be taken, but +the lightning that one might have expected after this thunder, did not +follow. The same result, was, however, sought by circuitous means, +attempts were made to weary the two Judges and to put them out of +conceit with the case. When they proposed to the Court that the case +against one of the Accused might be discontinued, the Crown-Advocate +promptly opposed it and called the Supreme Court to his assistance. +With all that, the police were feverishly busy and overwhelmed the two +Judges by repeatedly bringing forward new grounds of suspicion against +the prisoners, and these had to be gone through however evidently +worthless they might be at the first glance. + +There was not a single person attached to the Law-Courts with all their +diversity of character, who did not follow the struggle of Sendlingen +for the independence of the Judge's position, with sympathy, and the +townspeople were unanimous in their enthusiastic admiration. This +courageous steadfastness was all the more highly reckoned as it was +visibly undermining his strength. His hair grew gray, his bearing less +erect, and his face now almost always bore an expression of melancholy +disquiet. People were not surprised at this; it must naturally deeply +afflict this man who was so manifestly designed to attain the highest +places in his profession, perhaps even to become the Chief Judge of the +Empire--to be daily and hourly threatened with dismissal. + +Only the three participators in the secret, and Berger in particular, +knew that the unhappy man could scarcely endure any longer the torture +of uncertainty about his child's fate. All the more energetic, +therefore, were Berger's attempts to put an end at least to this +unnecessary torment but again and again he spoke in vain. + +This occurred too on the last day in January. Sendlingen stood by his +answer: "There is still time, the petition has not yet come into the +Emperor's hands," and Berger was sorrowfully about to leave his +Chambers, when the door was suddenly flung open and Herr von Werner +rushed in. + +"My Lord," cried the old gentleman almost beside himself with joy and +waving a large open letter in his hand like a flag, "I have just +received this; this has just been handed to me. It means that I am +appointed your successor, it is the decree." + +Sendlingen turned pale. "I congratulate you," he said with difficulty. +"When are you to take over the conduct of the Courts?" + +"On the 22nd February," was the answer. "Oh, how happy I am! And you I +am sure will excuse me! Why should the news distress you? You will in +any case be leaving here at the end of February to----" he, stopped in +embarrassment. "To go to Pfalicz as Chief Justice of the Higher Court +there," he continued hastily. "We will continue to believe so, to +suppose the contrary would be nonsensical. You have annoyed the +Minister and he is taking a slight revenge--that is all! Good-bye, +gentlemen, I must hurry to my wife!" The old gentleman tripped away +smiling contentedly. + +"That is plain enough," said Sendlingen, after a pause, turning to his +friend. "My successor is appointed without my being consulted: the +decree is sent direct to him and not through me; more than that, I am +not even informed at the same time, when I am to hand over the conduct +of the Courts to him. To the minister I am already a dead man! But what +can it matter to me in my position? Werner's communication only +frightened me for a moment, while I feared that I had to surrender to +him forthwith. But the 22nd February--that is three weeks hence. By +that time _everything_ will be decided." + +Two days later, on Candlemas Day, on which in some parts of Catholic +Austria people still observe the custom of paying one another little +attentions, Sendlingen also received a present from the minister. The +letter read thus: "You are to surrender the conduct of the Courts on +the 22nd February to the newly appointed Chief Justice, Herr von +Werner. Further instructions regarding yourself will be forwarded you +in due course." + +The tone of this letter spoke plainly enough. For "further +instructions" were unnecessary if the previous arrangement--his +appointment to Pfalicz--was adhered to. His dismissal was manifestly +decreed. + +All the functionaries of the Courts fell into the greatest state of +excitement: who was safe if Sendlingen fell? And wherever the news +penetrated, it aroused sorrow and indignation. On the evening of the +same day the most prominent men of the town met so as to arrange a fete +to their Chief Justice before his departure. It was determined to +present him with an address and to have a farewell banquet. + +Berger, who had been at the meeting, left as soon as the resolution was +arrived at, and hurried to Sendlingen for he knew that his friend would +need his consolation to-day most of all. But Sendlingen was so calm +that it struck Berger as almost peculiar. "I have had time to get +accustomed to these thoughts," he said. + +"How do you think of living now?" asked Berger. + +"I shall move to Gratz," replied Sendlingen quickly; he had manifestly +given utterance to a long-cherished resolve. + +"Won't you be too lonely there?" objected Berger. "Why won't you go to +Vienna? By the inheritance from your wife, you are a rich man who does +not require to select the Pensionopolis on the Mur on account of its +cheapness. In Vienna you have many friends, there you will have the +greatest incitement to literary work, besides you may not altogether +disappear from the surface. Your career is only forcibly interrupted +but not nearly ended. A change of system, or even a change in the +members of the Ministry, would bring you back into the service of the +State, and, perhaps, to a higher position than the one you are now +losing." + +"My mind is made up. Brigitta is going to Gratz in a few days to take a +house and make all arrangements." + +They talked about other things, about the fete that had been arranged +to-day. "I will accept the address," Sendlingen explained, "but not the +banquet. I have not the heart for it." Berger vehemently opposed this +resolution; he must force himself to put in an appearance at least for +an hour; the fete had reference not only to himself personally, but to +a sacred cause, the independence of Judges. All this he unfolded with +such warmth, that Sendlingen at length promised that he would consider +it. + +The next morning the Vienna papers published the news of the measures +taken with regard to Sendlingen, which they had learnt by private +telegrams. A severe censorship hampered the Austrian press in those +days; the papers had been obliged to accustom the public to read more +between the lines than the lines themselves: and this time, too, they +hit upon a safe method of criticism. As if by a preconcerted agreement, +all the papers pronounced the news highly incredible; and that it was, +moreover, wicked to attribute such conduct to the strict but just +government which Austria enjoyed. A severer condemnation than this +defence of the government against "manifestly malicious reports" could +not easily be imagined, and the public understood it as it was +intended. + +In a moment, Sendlingen's name was in every mouth, and the +investigation against the workmen the talk of the day, first in the +capital, soon throughout the whole country. + +A flood of telegrams and letters, inquiries and enthusiastic +commendations, suddenly burst upon Sendlingen. Had there been room in +his poor heart, in his weary tormented brain, for any lucid thought or +feeling, he would now have been able, in the days of his disgrace, to +have held up his head more proudly than ever. It was not saying too +much when Berger told him that a whole nation was now showing how +highly it valued him. But he scarcely noticed it and continued, dark +and hopeless, to do his duty and to drag on the Sisyphus-task of his +investigation in combat with both the police and the Crown lawyers. + +Suddenly those hindrances ceased. When Sendlingen one morning entered +his Chambers soon after the news of his deposal had appeared in the +papers, he for the first time, for weeks, found no information of the +police on the table. That might be an accident, but when there was none +the second day, he breathed again. The Superintendent of Police at +Bolosch was, the zealous servant of his masters; if he in twice +twenty-four hours did not discover the slightest trace of high treason, +there must be good reason for it. In the same way nothing more was +heard from the Crown-Advocate. + +"They have almost lost courage in the face of the general indignation!" +cried Berger triumphantly. "Franz has just told me that Brigitta is to +start the day after to-morrow for Gratz. Let her wait a few days, and +so spare the old lady having to make the journey to Pfalicz by the very +round about way of Gratz." + +"You cannot seriously hope that," said Sendlingen turning away, and so +Berger went into Brigitta's room later on to bid her good-bye. + +The old lady was eagerly reading a book which she hastily put on one +side as he entered. "I am disturbing you," he said. "What are you +studying so diligently?" + +"Oh, a novel," she replied quickly. Her eyes were red and she must have +been crying a great deal lately. + +"I thought perhaps it was a description of Gratz," said he jokingly. +"It seems to me that you have a genuine fear of this weird city where +life surges and swells so mightily!" And he attempted to remove her +fears by telling her much of the quiet, narrow life of the town on the +Mur. + +While he was speaking, the book, which she had laid on her workbox, +slid to the ground and he picked it up before she had time to bend down +for it. It was a French grammar. "Great heavens!" he cried in +astonishment. "You are taking up the studies of your youth again, +Fraeulein Brigitta?" + +The old lady stood there speechless, her face crimson, as if she had +been caught in a crime. "I have been told," she stammered, "that--that +one can hardly get along there with only German." + +"In Gratz?" Berger could not help laughing heartily. "Who has been +playing this joke upon you? Reassure yourself. You will get along with +the French in Gratz without any grammar." Still laughing, he said +good-bye and promised to visit her in Gratz. + +Meanwhile the excitement into which the press and the public were +thrown by the "Sendlingen incident" grew daily. In Bolosch new +proposals were constantly being made, to have the fete on a magnificent +and uncommon scale. It did not satisfy the popular enthusiasm that the +address to be presented was covered with thousands of signatures. A +proposal was made in the town-council to call the principal street +after Sendlingen: some of the prominent men of the town wanted to +collect subscriptions for a "Sendlingen Fund" whose revenue should be +devoted to such officers of the State as, like Sendlingen, had become +the victims of their faithfulness to conviction; the gymnastic +societies resolved upon a torch-light procession. The chairman of the +Committee arranging the festivities--he was the head of the first +Banking house of the town--was in genuine perplexity; he still did not +know which acts of homage Sendlingen would accept and he sought +Berger's interposition. + +"Save me," implored the active banker. "People are pressing me and the +Chief Justice is dumb. Yesterday I hoped to get a definite answer from +him but he broke off and talked of our business." + +"Business? What business?" asked Berger. + +"I am just doing a rather complicated piece of business for him," +answered the Banker. "I thought that you, his best friend, would have +known about it. He is converting the Austrian Stock in which his +property was hitherto invested, into French, English and Dutch stock, +and a small portion of it into ready money." + +"Why?" asked Berger in surprise. "He is going to stay in Austria?" + +"So I asked," replied the Banker, "and received an answer which I had, +willy nilly, to take as pertinent. For he is hardly to be blamed, if +after his experiences, his belief in the credit of the State has become +a little shaky." + +Berger could not help agreeing with this, and therefore did not refer +to it in his talk with Sendlingen. With regard to the fete he received +a satisfactory answer. Sendlingen without any further hesitation, +accepted the banquet and even the torch-light procession. Both were to +take place on the 21st February, the last day of his term of office. + +All this was telegraphed to Vienna and was bravely used by the papers. +Even in Bolosch, they said, these melancholy reports, so humiliating to +every Austrian, were not seriously believed; how long would the +government hesitate to contradict them? The demand was so universal, +the excitement so great, that an official notice of a reassuring +character was actually issued. The government, announced an official +organ, had in no way interfered with the investigation; that this was +evident, the present position of the inquiry, now without doubt near a +close, sufficiently proved. With regard, however, to Sendlingen's +dismissal there was some "misunderstanding" in question. + +As so often before, in the case of the like oracular utterances from a +similar source, everybody was now asking what this really meant. Berger +thought he had hit the mark and exultingly said to his friend: "Hurrah! +they have now entirely lost their courage! They are only temporising so +as not to have to admit that public opinion has made an impression upon +them." + +Sendlingen shrugged his shoulders. "It is all one to me, George," he +said. + +"Now--that I can understand," replied Berger warmly. "In a few months +you will speak differently! When do you go to Vienna?" + +Sendlingen reflected. "On the seventeenth I should say," he at length +replied hesitatingly. "That is to say if Dernegg and I can really +dismiss the workmen on the sixteenth as we hope to do." + +This hope was realised; on the 16th February 1852, the workmen were +released from prison. Their first step related to Sendlingen: in the +name of all, Johannes Novyrok made a speech of thanks of which this was +the peroration: + +"We know well what we ought to wish you in return for all you have done +for us: good-luck and happiness for you and for all whom you love! But +mere good wishes won't help you, and we can do nothing for you, +although every man of us would willingly shed his blood for your sake, +and as to praying, my Lord, it is much the same thing--you may +remember, perhaps, what I have already said to you on the subject. And +so we can only say: think of us when you are in affliction of mind and +you will certainly be cheered! You can say to yourself: 'I have lifted +these people out of their misfortune and lessened their burden as much +as I could,'--and you will breathe again. For I believe this is the +best consolation that any man can have on this poor earth. God bless +you! for you are noble and good, and what you do is well done, and sin +and evil are far from you. A thousand thanks, my Lord. Farewell!" + +"Farewell!" murmured Sendlingen, his voice choking as he turned away. + +... On the next day, the 17th February, Sendlingen should have started +by the morning train to Vienna; he had solemnly promised Berger to do +so the evening before. The latter, therefore, was much alarmed when he +accidentally heard, in the course of the afternoon, that Sendlingen was +still in Chambers. + +He hastened to him. "Why have you again put off going?" he asked +impetuously. + +Sendlingen had turned pale. "I have not been able to bring myself to +it," he answered softly. + +"And you know what is at stake!" cried Berger in great excitement, +wiping the cold sweat from his forehead. "Victor, this is cowardice!" + +"It is not," he replied as gently as before, but with the greatest +determination. "If I had been a coward, I would long since have had the +audience." + +Berger looked at him in astonishment. "I do not understand you," he +said. "It may be a sophism by which you are trying to lull your +conscience, but it is my duty to rouse you. O Victor!" he continued +with passionate grief, "you can yourself imagine what it costs me to +speak to you in this way. But I have no option." + +Sendlingen was silent. "I will talk about it later," he said. "Let me +first tell you a piece of news that will interest you. I have received +a letter from the Minister this morning.... You were right about their +'courage.'" He handed the letter to his friend. "The Minister reminds +me that it is my duty, in consequence of the appointment made last +November, to be in Pfalicz on the morning of the 1st March to take over +the conduct of the Higher Court there." + +"After all!" cried Berger. "And how polite! Do you see now that we +liberals and our newspapers are some good? The Minister has no other +motive for beating a retreat." + +"Perhaps this letter, which came at the same time, may throw some light +on it," observed Sendlingen taking up a letter as yet unopened. "It is +from my brother-in-law. Count Karolberg!" He opened it and glanced at +the first few lines. "True!" he exclaimed. "Just listen." + +"You do not deserve your good fortune," he read, "and I myself was +fully persuaded that you were lost. But it seems that the Minister +talked to us more sharply than he thought, and that from the first he +meant nothing serious. That he kept you rather long in suspense, proved +to be only a slight revenge which was perhaps permissible. He meant no +harm; I feel myself in duty bound to say this to his credit." + +"And your brother-in-law is a clever man," cried Berger, "and himself a +Judge! Does he not understand that this very explanation tells most of +all against the Minister? Oh, I always said that it was another +thoroughly Austrian----" + +A cry of pain interrupted him. "What is this?" cried Sendlingen +horror-struck and gazing in deadly pallor at the letter. + +Berger took the letter out of his trembling hands, in the next instant +he too changed colour. His eyes had lit upon the following passage. + +"When do you leave Bolosch? I hope that the last duty that you have to +do in your office, will not affect your soft heart too much. Certainly +it is always painful to order the execution of a woman, and especially +such a young one, and perhaps you can leave the arrangements for the +execution to your successor who fortunately is made of sterner stuff." + +The letter fell from Berger's hands. "O Victor----" he murmured. + +"Don't say a word," Sendlingen groaned; his voice sounded like a +drowning man's. "No reproaches!--Do you want to drive me mad." + +Then he made a great effort over himself. "The warrant must have come +already," he said, and he rang for the clerk and told him to bring all +the papers that had arrived that day. The fatal document was really +among them; it was a brief information to the Court at Bolosch stating +that the Emperor had rejected the petition for pardon lodged by Counsel +for the defence, and that he had confirmed the sentence of death. The +execution, according to the custom then prevailing, was to be carried +out in eight days. + +"I will not reproach you," said Berger after he had glanced through the +few lines. "But now you must act. You must telegraph at once to the +Imperial Chancellery and ask for an audience for the day after +tomorrow, the nineteenth, and to-morrow you must start for Vienna!" + +"I will do so," said Sendlingen softly. + +"You _must_ do it!" cried Berger, "and I will see that you do. I will +be back in the evening." + +When Berger returned at nightfall, Franz said to him in the lobby: +"Thank God, we are going to Vienna after all!" and Sendlingen himself +corroborated this. "I have already received an answer; the audience is +granted for the nineteenth. I have struggled severely with myself," he +then added, and continued half aloud, in an unsteady voice, as if he +were talking to himself; "I am a greater coward than I thought. However +fixed my resolve was, my courage failed me--and so I must go to +Vienna." + +Berger asked no further questions, he was content with the promise. + + + + + CHAPTER XII. + + +The 18th February 1853, was a clear, sunny day. At midday the snow +melted, the air was mild; there seemed a breath of spring on the +country through which the train sped along, bearing the unhappy man to +Vienna. But there was night in his heart, night before his eyes; he sat +in the corner of his carriage with closed lids, and only when the train +stopped, did he start up as from sleep, look out at the name of the +station, and deeply sighing, fall back again into his melancholy +brooding. + +Was the train too slow for him? + +There were moments when he wished for the wings of a storm to carry him +to his destination, and that the time which separated him from the +decisive moment might have the speed of a storm. And in the next +breath, he again dreaded this moment, so that every second of the day +which separated him from it, seemed like a refreshing gift of grace. +Alas! he hardly knew himself what he should desire, what he should +entreat, and one feeling only remained in his change of mood, despair +remained and spread her dark shadow over his heart and brain. + +The train stopped again, this time at a larger station. There were many +people on the platform, something extraordinary must have happened; +they were crowding round the station-master who held a paper in his +hand and appeared to be talking in the greatest excitement. The crowd +only dispersed slowly as the train came in; lingeringly and in eager +talk, the travellers approached the carriages. + +Sendlingen looked out; the guard went up to the station-master who +offered him the paper; it must have been a telegram. The man read it, +fell back a step turning pale and cried out: "Impossible!" upon which +those standing around shrugged their shoulders. + +Sendlingen saw and heard all this; but it did not penetrate his +consciousness. "Heldenberg," he said, murmuring the name of the +station. "Two hours more." + +The train steamed off, up a hilly country and therefore with diminished +speed. But to the unhappy man it was again going too swiftly--for each +turn of the wheels was dragging him further away from his child, for a +sight of whose white face of suffering, he was suddenly seized with a +feverish longing, his poor child, that now needed him most of all. + +"Frightful!" he groaned aloud. His over-wrought imagination pictured +how she had perhaps just received the news that she was to fall into +the hangman's hands! It was possible that the sentence had passed +through the Court of Records and been added to the rolls; some of the +lawyers attached to the Courts might have read it, or some of the +clerks--if one of them should tell the Governor, or the warders, if +Victorine should accidentally hear or it! + +"Back!" he hissed, springing up. "I must go back." Fortunately he was +alone, otherwise his fellow travellers would have thought him mad. And +there was something of madness in his eyes as he seized his portmanteau +from the rack, and grasped the handle of the door as if to open it and +spring from the train. + +The guard was just going along the foot-board of the carriages, the +engine whistled, the train slackened, and in the distance the roofs of +a station were visible. The guard looked in astonishment at the livid, +distorted features of the traveller; this look restored Sendlingen to +his senses, and he sank back into his seat. "It is useless," he +reflected. "I must go on to Vienna." + +The train pulled up, "Reichendorf! One minute's wait!" cried the guard. + +It was a small station, no one either got in or out; only an official +in his red cap stood before the building. Nevertheless, the wait +extended somewhat beyond the allotted time. The guards were engaged in +eager conversation with the official. + +Sendlingen could at first hear every word. "There is no doubt about +it!" said the official. "I arranged my apparatus so that I could hear +it being telegraphed to Pfalicz and Bolosch. What a catastrophe." + +"And is the wound serious?" asked one of the guards. He was evidently a +retired soldier, the old man's voice trembled as he put the question. + +"The accounts differ about that," was the answer. "Great Heavens! who +would have thought such a thing possible in Austria!" + +"Oh! it can only have been an Italian!" cried the old soldier. "I was +ten years there and know the treacherous brood!" + +Thus much Sendlingen heard, but without rightly understanding, without +asking himself what it might mean. More than that, the sound of the +voices was painful to him as it disturbed his train of thought; he drew +up the window so as to hear no more. + +And now another picture presented itself to him as the train sped on, +but it was no brighter or more consoling. He was standing before his +Prince who had said to him: "It is frightful, I pity you, poor father, +but I cannot help you! It is my duty to protect Justice without respect +of persons; I confirmed the sentence of death not because I knew +nothing of her father, and supposed him a man of poor origin, but +because she was guilty, by her own confession and the Judges' verdict. +Shall I pardon her now because she is the daughter of an influential +man of rank, because she is your daughter? Is her guilt any the less +for this, will this bring her child to life again? Can you expect this +of me, you, who are yourself a Judge, bound by oath to judge both high +and low with the same measure?" Thus had the Emperor spoken, and he had +found no word to say against it--alas! no syllable of a word--and had +gone home again. And it was a dark night--dark enough to conceal +thieving and robbery or the blackest crime ever done by man--and he was +creeping across the Court-yard at home; creeping towards the little +door that opened into the prison. + +"Oh!" he groaned stretching out his hands as if to repel this vision, +"not that!--not that!--And I am too cowardly to do it. I know--too +cowardly! too cowardly!" + +Once more the train stopped, this time at a larger station. Sendlingen +did not look out, otherwise he must have noticed that this was some +extraordinary news that was flying through the land and filling all who +heard it with horror. Pale and excited the crowd was thronging in the +greatest confusion; all seemed to look upon what had happened as a +common misfortune. Some were shouting, others staring as if paralyzed +by fear, others again, the majority, were impatiently asking one +another for fresh details. + +"It was a shot!" screamed an old gray-headed man in a trembling voice, +above the rest, before he got into the train. "So the telegram to the +prefect says." + +"A shot!" the word passed from mouth to mouth and some wept aloud.' + +"No!" cried another, "it was a stab from a dagger, the General himself +told me so." + +Confused and unintelligible, the cries reached Sendlingen's ears till +they were drowned by the rush of the wheels, and again nothing was to +be heard save the noise of the rolling train. + +And again his over-wrought imagination presented another picture. The +Emperor had heard his prayer and said: "I grant her her life, I will +commute the punishment to imprisonment for life, for twenty years. More +than this I dare not do; she would have died had she not been your +daughter, but I dare not remit the punishment altogether, nor so far +lessen it that she, a murderess, should suffer the same punishment as +the daughter of a common man had she committed a serious theft." And to +this too he had known of no answer, and had come home and had to tell +his poor daughter that he had deceived her by lies. She had broken down +under the blow, and had been taken with death in her heart to a +criminal prison, and a few months later as he sat in his office and +dignity at Pfalicz, the news was brought him that she had died. + +"Would this be justice?" cried a voice in his tortured breast. "Can I +suffer this? No, no! it would be my most grievous crime, more grievous +than any other." + +The train had reached the last station before Vienna, a suburb of the +capital. Here the throng was so dense, the turmoil so great, that +Sendlingen, in spite of his depression, started up and looked out. +"Some great misfortune or other must have happened," he thought, as he +saw the pale faces and excited gestures around him. But so great was +the constraining force of the spell in which his own misery held his +thoughts, that it never penetrated his consciousness so as to ask what +had happened. He leant back in his corner, and of the Babel of voices +outside only isolated, unintelligible sounds reached his ears. + +Here the people were no longer disputing with what weapon that deed had +been done which filled them with such deep horror. "It was a stab from +a dagger," they all said, "driven with full force into the neck." Their +only dispute was as to the nationality of the malefactor. + +"It was a Hungarian!" cried some. "A Count. He did it out of revenge +because his cousin was hanged." + +"That is a lie!" cried a man in Hungarian costume. "A Hungarian +wouldn't do it--the Hungarians are brave--the Austrians are +cowards--the blackguard was an Austrian, a Viennese!" + +"Oho!" cried the excited crowd, and in the same instant twenty fists +were clenched at the speaker so that he began to retire. "A Lie! It was +no Viennese! on the contrary, a Viennese came to the rescue!" + +"Yes, a Vienna citizen!" shouted others, "a butcher!" + +"Was not the assassin an Italian?" asked the guard of the train, +and this was enough for ten others to yell: "It was a +Milanese--naturally!--they are the worst of the lot!" while from +another corner of the platform there was a general cry: "It was a Pole! +a student! He belonged to a secret society and was chosen by lot!" + +Two Poles protested, the Hungarian and an Italian joined them; bad +language flew all over the place; fists and sticks were raised; the +police in vain tried to keep the peace. Then a smart little shoemaker's +apprentice hit upon the magic word that quieted all. + +"It was a Bohemian!" he screeched, "a journeyman tailor from +Pardubitz!" + +In a moment a hundred voices were re-echoing this. + +This cry alone penetrated the gloomy reflections in which Sendlingen +was enshrouded, but he only thought for an instant: "Probably some +particularly atrocious murder," and then continued the dark train of +his thoughts.--Now he tried to rouse himself, to cheer himself by new +hopes, and he strove hard to think the solution of which Berger had +spoken, credible. + +He clung to it, he pictured the whole scene--it was the one comfort +left to his unhappy mind. He chose the words by which he would +move his Prince's heart, and as the unutterable misery of the last +few months, the immeasurable torment of his present position once more +rose before him, he was seized with pity for himself and his eyes +moistened--assuredly! the Emperor, too, could not fail to be touched, +he would hear him and grant him the life of his child. Not altogether, +he could not possibly do that, but perhaps he would believe living +words rather than dead documentary evidence and would see that the poor +creature was deserving of a milder punishment. And when her term of +punishment was over--oh! how gladly he would cast from him all the pomp +and dignity of the world and journey with her into a foreign land where +her past was not known--how he would sacrifice everything to establish +her in a new life, in new happiness.... A consoling picture rose before +him: a quiet, country seat, apart from the stream of the world, far, +far away, in France or in Holland. Shady trees clustered around a small +house and on the veranda there sat a young woman, still pale and with +an expression of deep seriousness in her face, but her eyes were +brighter already, and there was a look about her mouth as if it could +learn to smile again. + +"Vienna." + +The train stopped; on the platform there was the same swaying, surging +crowd as at the suburb, but it was much quieter for the police +prevented all shouting and forming into groups. Sendlingen did not +notice how very strongly the station was guarded. The consoling picture +he had conjured up was still before his mind; like a somnambulist he +pushed through the crowd and got into a cab. "To the Savage," he called +to the driver; he gave the order mechanically, from force of habit, for +he always stayed at this hotel. + +The shadows of the dusk had fallen upon the streets as the cab drove +out of the station, the lamps' red glimmer was visible through the damp +evening mist that had followed upon the sunny day. Sendlingen leant +back in the cushions and closed his eyes to continue his dream; he did +not notice what an unusual stir there was in the streets. It was as if +the whole population was making its way to the heart of the city; the +vehicles moved in long rows, the pedestrians streamed along in dense +masses. There was no shouting, no loud word, but the murmur of the +thousands, excitedly tramping along, was joined to a strange hollow +buzz that floated unceasingly in the air, and grew stronger and +stronger as the carriage neared the centre of the town. More and more +police were visible, and at the Glacis there was even a battalion at +attention, ready for attack at a moment's notice. + +Even this Sendlingen did not notice, it hardly entered his mind +that the cab was driving much more slowly than usual. That picture +of his brain was still before him and hope had visited his heart +again. "Courage!" he whispered to himself. "One night more of this +torment--and then she is saved! He is the only human being who can help +us, and he will help us." + +His cab had at length made way through the crowd that poured in an ever +denser throng across the Stefansplatz and up the Graben towards the +Imperial Palace--and it was able to turn into the Kaertnerstrasse. It +drew up before the hotel. The hall-porters darted out and helped +Sendlingen to alight, the proprietor himself hurried forward and bowed +low when he recognised him. + +"His Lordship, the Chief Justice!" he cried. "Rooms 7 and 8. What does +your Lordship say to this calamity? It has quite dazed me!" + +"What has happened?" asked Sendlingen. + +"Your Lordship does not know?" cried the landlord in amazement. "That +is almost impossible! A journey-man tailor from Hungary, Johann +Libenyi, attempted His Majesty's life to-day at the Glacis. The dagger +of the miscreant struck the Emperor in the neck. His Majesty is +severely wounded, if it had not been for the presence of mind of the +butcher, Ettenreich----" + +He stopped abruptly, "What is the matter?" he cried darting towards +Sendlingen. + +Sendlingen tottered, and but for his help would have fallen to the +ground. + + + + + CHAPTER XIII. + + +On the evening of the next day Count Karolberg, Sendlingen's +brother-in-law, entered his room at the hotel. "Well, here you are at +last!" he cried, still in the door-way. "Is this the way to go on after +a bad attack of the heart on the evening before? Three times to-day +have I tried to get hold of you, the first time at nine in the morning +and you had already gone out." + +"Thank you very much!" replied Sendlingen. "My anxiety for authentic +news about the Emperor's condition, drove me out of doors betimes, and +so I went to the Imperial Chancellery as early as was seemly. But I +only learnt what is in all the papers: that there was no danger of his +life, but that he would need quite three weeks of absolute rest to +bring about his complete recovery. Meanwhile the Cabinet is to see to +all current affairs: the sovereign authority of the Emperor is +suspended, and none of the princes of the blood are to act as Regent +during the illness." + +"But you surely did not inquire about that?" cried Count Karolberg in +astonishment. "That goes without saying." + +"Goes without saying!" muttered Sendlingen, and for a moment his +self-command left him and his features became so listless and gloomy +that his brother-in-law looked at him much concerned. + +"Victor!" he said, "you are really ill! You must see Oppolzer +to-morrow." + +"I cannot. I must go back to Bolosch to-night. I require two days at +least, to arrange the surrender of matters to my successor. But then I +shall come back here at once." + +"Good! You are going to spend the week before entering on your new +position here; the Minister of Justice has just told me. It was very +prudent of you to visit him at once." + +"It was only fitting that I should," said Sendlingen. Alas! not from +any motives of fitness or prudence had he gone to the Minister of +Justice; it was despair that drove him there after the information he +got at the Chancellery, a remnant of a hope that by his help, he might +at least attain the postponement of the execution till the Emperor was +better again. + +Not until he was in the Minister's ante-room, and had already been +announced, did he recover his senses and recognise that the Minister +could as little command a postponement as he himself, and so he kept +silence. "He was very friendly to me!" he added aloud. + +"He is completely reconciled to you," Count Karolberg eagerly +corroborated. "He spoke to me of your ill-health with the sincerest +sympathy, and told me that you had hinted at not accepting the post at +Pfalicz but contemplated retiring. I hope that is far from being your +resolve! If you require a lengthy cure somewhere in the South, leave of +absence would be sufficient. How could you have the heart to renounce a +career that smiles upon you as yours does?" + +"Of, course," replied Sendlingen, "I shall consider the subject +thoroughly." He then asked to be excused for a minute in order to write +a telegram to Bolosch. + +He sat down at the writing-table. He found the few words needed hard to +choose. He crossed them out and altered them again and again--it was +the first lie that that hand had ever set down. + +At length he had finished. The telegram read as follows: + +"George Berger, Bolosch. End desired as good as attained. Have procured +postponement till recovery of decisive arbiter. Return to-morrow +comforted. Victor." + +He then drove with Count Karolberg to his house and spent the evening +there in the circle of his relations. He was quiet and cheerful at he +used to be, and when he took his leave of the lady of the house to go +to the station, he jokingly invited himself to dinner on the 22d of +February. + +The weather had completely changed, since the morning heavy snow had +fallen: the Bolosch train had to wait a long time at the next station +till the snow-ploughs had cleared the line, and it was not till late +next morning that it reached its destination. Sendlingen was deeply +moved that, notwithstanding, the first face he saw on getting out of +the train, was that of his faithful friend. And at the same time it +frightened him: for how could he look him in the face? + +But in his impetuous joy, Berger did not observe how Sendlingen shrank +at his gaze. "At last!" he cried, embracing him, and with moistened +eyes, he pressed his hand, incapable of uttering a word. + +"Thank you!" said Sendlingen in an uncertain voice. "It--it came upon +you as a surprise?" + +"You may imagine that!" cried Berger. "Soon after your departure, I +heard the news of the attempt on the Emperor's life. I thought all was +lost and was about to hurry to you when your telegram came. And then, +picture my delight! I sent for Franz--the old man was mad with joy!" + +They had come out to the front of the station and had got into Berger's +sleigh. "To my house!" he called to the driver! + +"What are you thinking of?" asked Sendlingen. + +"You forget that you have no longer a habitable home!" cried Berger. +"There is such a veritable hurly-burly at the residence, that even +Franz hardly knows his way about--where do you mean to stay?" + +"At the Hofmann Hotel," replied Sendlingen. "I have already +commissioned Franz to take rooms there. It is impossible for me to stay +with you, George. Please do not press me. I cannot do it." + +Berger looked at him astonished. "But why not? And how tragically it +affects you? To the Hofmann Hotel!" he now ordered the driver. "But now +tell me everything," he begged, when the sleigh had altered its +direction. "Who granted you the postponement?" + +"The Archduke Ferdinand Maximilian," replied Sendlingen quickly, "the +Emperor's eldest brother. I had an interview with him yesterday. The +order to Werner to postpone the execution, should be here by the day +after to-morrow. For my own part, I shall stay in Vienna until the +Emperor has recovered. The Archduke himself could not give a final +decision." + +"Once more my heartiest congratulations!" cried Berger. "I will +faithfully watch over Victorine till you return. And now as to other +things. Do you know whom this concerns?" He pointed to some bundles of +fir-branches that were being unloaded at several houses. Here and +there, too, some black and yellow, or black, red and yellow flags were +being hung out. "You, Victor. The whole of Bolosch is preparing itself +for to-morrow, it will be such a fete as the town has not seen for a +long time. The Committee has done nothing either about the decorations +or the illuminations. Both are spontaneous, and done without any +preconcerted arrangement." + +"This must not take place!" cried Sendlingen impatiently. "I cannot +allow it! It would rend my heart!" + +"I understand you," said Berger. "But in for a penny etc. Besides your +heart may be easier now, than at the time you agreed to accept the +torch-light procession and the banquet. Do not spoil these good +people's pleasure, they have honorably earned your countenance. Every +third man in Bolosch is inconsolable to-day because there are no more +tickets left for the banquet, although we have hired the biggest room +in the place, the one in the town-hall. The only compensation that we +could offer them, was the modest pleasure of carrying a torch in your +honour and at the same time burning a few holes in their Sunday +clothes. Notwithstanding, torches have since yesterday become the +subject of some very swindling jobbery." + +In this manner he gossiped away cheerfully until the sleigh drew up at +the hotel. Herr Hofmann, the landlord, was almost speechless with +pleasure. "What an honour," stammered the fat man, his broad features +colouring a sort of purple-red. "Your Lordship is going to receive the +procession on my balcony?" + +"Yes indeed," sighed Berger, "and it is I who got you this honour!" He +drove away, promising to send Franz who was waiting at his house. + +After a short interval Franz appeared at the hotel; his face beamed as +he entered his master's room, and a few minutes later, when he came out +again, it was pale and distorted and his eyes seemed blinded; the old +man was reeling like a drunkard as he went back to Berger's house to +fetch the trunks to the hotel. + +Without making good his lost night's rest, Sendlingen betook himself to +his Chambers. Herr von Werner was already waiting for him; they at once +went to their task and began with the business of the Civil Court. It +was not difficult work, but it consumed much time, especially as Werner +in accordance with his usual custom would not dispatch the most +insignificant thing by word of mouth. Seldom can any mortal have +written his signature with the same pleasure as he to-day signed: "von +Werner, Chief Justice." + +Sendlingen held out patiently, without a sign of discomposure, "like a +lamb for the sacrifice" thought Baron Dernegg who was assisting with +the transfer. They only interrupted their work to take a scanty meal in +Chambers; twice, moreover, Franz sent for his master to make a brief +communication. At length, about ten at night, the work was done. For +the next day, when the affairs of the Criminal Court were to be +disposed of, Werner promised to be more brief. "You had better, if you +value your life," cried Dernegg laughing. "The Citizens of Bolosch +won't be made fools of. Woe to you if you don't release the hero of +to-morrow's fete in good time!" + +Sendlingen went to Berger who had now been waiting for him several +hours with increasing impatience. "I shall never forgive Herr von +Werner this!" he swore as they sat down to their belated meal. "And it +is the last evening in which I shall have you to myself! Franz told me +that you were going to Vienna by the express at four in the morning, +Why will you not take a proper rest after the excitement of the fete? +You had better go the day after to-morrow by the midday train." + +"I cannot," replied Sendlingen. "The Minister of Justice has asked me +to attend an important conference the day after to-morrow, and +therefore I am even thinking of going by the mail-train to-morrow. It +starts shortly after midnight and----" + +"That is quite impossible!" interrupted Berger. "Just consider, the +procession takes place between eight and nine, the banquet begins at +ten, it will be eleven before the first speeches are made--then you are +to reply in all speed, rush out, hurry to the hotel, change your +clothes, fly to the station----Why, it is quite impossible, and the +people would be justly offended if you fled from the feast in an hour's +time as if it were a torment!" + +"And so it is!" cried Sendlingen. "When you consider what my feelings +are likely to be at leaving Bolosch, then you will certainly not try to +stop me, but will rather help me, so that the torment be not too long +drawn out." + +Berger shrugged his shoulders. "You always get your own way!" he said. +"But it is not right to offend the people and then victimise yourself +all night in a train that stops at even the smallest stations." + +Then they talked of the political bearings, of the consequences, which +the crime of the 18th February, the act of a half-witted creature, +might have on the freedom of Austria. Victorine's name was not +mentioned by either of them this time. + +Sendlingen never closed his eyes all that night, although Herr Hofmann +had personally selected for him the best pillows in the hotel. It was a +dark, wild night; the snow alone gave a faint glimmer. An icy +northeast wind whistled its wild song through the streets, fit +accompaniment to the thoughts of the sleepless man. + +Towards eight in the morning--it had just become daylight--he heard the +sound of military music; the band was playing a buoyant march. At the +same time there was a knock at his door and Franz entered. The old man +was completely broken down. "We must dress," he said. "The band of the +Jaegers and the choral society are about to serenade. Besides I suppose +we have not slept!" + +"Nor you either, Franz?" + +"What does that matter! But we will not survive it!" he groaned. "Oh! +that this day, that this night, were already past." + +"It must be, Franz." + +"Yes, it must be!" + +The band came nearer and nearer. At the same time the footsteps, the +laughter and shouts of a large crowd were audible. The old man +listened. "That's the Radetzky March!" he said. "Ah! how merrily they +are piping to our sorrow." + +The procession had reached the hotel. + +"Three cheers for Sendlingen!" cried a stentorian voice. The band +struck up a flourish and from hundreds and hundreds of throats came the +resounding shout: "Hip, hip, Hurrah! Hurrah! Hurrah!" Then the band +played a short overture and the fingers followed with a chorus. +Meanwhile Sendlingen had finished dressing; he went into the adjoining +room, and, after the song was finished and the cheering had begun +again, he opened a window and bowed his thanks. + +At his appearance the shouts were louder and louder; like the voice of +a storm they rose again and again: "Hurrah for Sendlingen! Hurrah! +Hurrah!" and mingling with them was the cry of the Czech workmen: +"Slava--Na zdar!" All the windows in the street were open; the women +waved their handkerchiefs, the men their hats; as far as the eye could +see, bright flags were floating before the snow-covered houses, and +decorations of fir were conspicuous in all the windows and balconies. +The unhappy man stared in stupefaction at the scene beneath him, then a +burning crimson flushed his pale face and he raised his hand as if to +expostulate. + +The crowd put another interpretation on the sign and thought that he +wanted to make a speech. "Silence," shouted a hundred voices together +and there was a general hush. But Sendlingen quickly withdrew, while +the cheering broke forth afresh. + +"My hat!" he cried to Franz. He wanted to escape to the Courts by the +back door of the hotel. But it was too late; the door of the room +opened, and the Committee entered and presented the address of the +inhabitants of Bolosch. Then the mayor and town-council appeared +bringing the greatest distinction that had ever been conferred on a +citizen of Bolosch--not only the freedom of the city, but the +resolution of the town-council to change the name of Cross Street +forthwith into Sendlingen Street. Various other deputations followed: +the last was that of the workmen. Their leader was Johannes Novyrok; he +presented as a gift, according to a Slavonic custom, a loaf of bread +and a plated salt-cellar, adding: + +"Look at that salt-cellar, my Lord! If you imagine that it is silver +you will be much mistaken, it is only very thinly plated and cost no +more than four gulden, forty kreutzer, and I must candidly say that the +dealer has very likely swindled us out of a few groschen in the +transaction; for what do we understand of such baubles? Well, four +gulden and forty kreutzer, besides fifteen kreutzer for the bread and +five kreutzer for the salt, make altogether five gulden of the realm. +Now you will perhaps think to yourself, my Lord: Are these men mad that +they dare offer _me_ such a trifling gift--but to that I answer: Five +gulden are three hundred kreutzer of the realm, and these three hundred +kreutzer were collected in this way: three hundred workmen of this town +after receiving their wages last Saturday, each subscribed one kreutzer +to give you a bit of pleasure. And now that you know this, you will +certainly honour their trifling gift. We beg you to keep this +salt-cellar on your table, so that your heart may be always rejoiced by +the gift of poor men whose benefactor you have been." + +In the Law Courts, too, a solemn ovation was awaiting him. Two Judges +received him at the entrance and conducted him to the hall of the +Senate, where all the members of the Court were gathered. Werner handed +him their parting-gift: a water-colour painting of the Courts of +Justice, and an album with the photographs of all connected with them. +"To the model of every judicial virtue," was stamped on it in gold +letters. Then Dernegg stepped forward. A number of the Court officials +had clubbed together to adorn the walls with Sendlingen's portrait. +Dernegg made a sign and the curtain was withdrawn from the picture. + +"Not only to honour you," he continued turning to Sendlingen, "have we +placed this picture here, but because we desire that your portrait +should look down upon us to admonish and encourage us, whenever we are +assembled here in solemn deliberation. It was here that four months ago +you gave utterance to a sentiment that, to me, will always be more +significant of your character than anything I ever heard you say. We +were discussing the condemnation of an unfortunate government clerk. 'I +have never been,' you said on that occasion, 'a blind adherent of the +maxim Fiat justitia et pereat mundum--but at least it must so far be +considered sacred, as binding each of us Judges to act according to law +and duty, even if our hearts should break in doing so.' Such things are +easily said, but hard to do. Fate, however, had decreed that you were, +since then, to give a proof that this conviction had indeed been the +loadstar of your life. Who should know that better than I, your +colleague in those sorrowful days. You never hesitated, even when all +that the heart of man may cling to, was at stake in your life." + +He had intended to go into this at greater length, but he came to a +speedy conclusion when he saw how pale Sendlingen had turned. "Very +likely his heart is troubling him again," he thought. But the attack +seemed to pass quickly. Certainly Sendlingen only replied in a very few +words, but he went to work again with Werner zealously. + +The three men--Dernegg was assisting to-day as well--betook themselves +to the prison. In the Governor's office, the register of prisoners was +gone through. Werner started when he saw the list of the sick. + +"So many?" he cried. "Our doctor would be more suited to a +philanthropic institute than here. Here, for instance, I read: +'Victorine Lippert. Since the 9th November, 1852.' Why that must be the +child-murderess, that impertinent person who made such a scene at the +trial. And here it says further: 'Convalescent since the middle of +December, but must remain in the infirmary till her complete recovery +on account of grave general debility.' This person has been well for +two months, and is still treated as if she were ill! Isn't that +unjustifiable?" + +Sendlingen made no reply; he was holding one of the lists close to his +eyes, so that his face was not visible. Dernegg, however, answered: +"Perhaps the contrary would be unjustifiable. The doctor knows the +case, we don't. He is a conscientious man." + +"Certainly," agreed Werner, "of course he is--but much too +soft-hearted. Let us keep to this particular case. Well, this person +has been tended as an invalid for more than two months. That adds an +increase of more than twenty kreutzer daily to the public expenditure, +altogether, since the middle of December, fourteen gulden of the realm. +We should calculate, gentlemen, calculate. And is such a person worth +so much money? Well, we can soon see for ourselves whether she is ill!" + +They began to go the rounds of the prison. That was soon done with, but +in the first room of the Infirmary, Werner began a formal examination +of the patients. + +Sendlingen went up to him. "Finish that tomorrow," he said sharply, in +an undertone. "You are my successor, not my supervisor." + +Werner almost doubled up. "Excuse me--" he muttered in the greatest +embarrassment. "You are right,--but I did not dream of offending +you--you whom I honour so highly. Let us go." + +They went through the remainder of the rooms without stopping, until +they came to the separate cells for female patients. Here, only two +female warders kept guard. Werner looked through the list of the +patients' names. "Why, Victorine Lippert is here," he said. "Actually +in a separate cell. My Lord Chief Justice," he continued in an +almost beseeching tone of voice, turning to Sendlingen, "this one case +I should like at once to--I beg--it really consumes me with +indignation--otherwise I must come over this afternoon." + +Sendlingen had turned away. "As you wish," he then muttered, and they +entered her cell. + +Victorine had just sat down at her table and was reading the Bible. She +looked up, a crimson flush overspread her face, trembling with a glad +excitement she rose--the pardon must at length have arrived from +Vienna, and the Judges were coming to announce it. + +The danger increased Sendlingen's strength. He had not been able to +endure Dernegg's words of praise, but now that the questioning look of +his child rested on him, now that his heart threatened to stand still +from compassion and from terror of what the next moment might bring +forth, not a muscle of his face moved. + +Perhaps it decisively affected his and Victorine's fate, that this +unspeakable torture only lasted a few moments. "There we are!" Werner +broke forth. "Rosy and healthy and out of bed. A nice sort of illness. +But this shall be put a stop to to-day." + +With a low cry, her face turning white, Victorine staggered back. +Werner did not hear her, he had already left the cell, the other two +followed him. "It was on account of your request that I was so brief," +said Werner in the corridor turning to Sendlingen. "Besides one glance +is sufficient! Tell me yourself, my Lord, does she look as if she were +ill?" + +"You must take the Doctor's opinion about that," said Dernegg. + +"That would be superfluous," said Sendlingen, his voice scarcely +trembling. "The sentence of death is confirmed; she must be executed in +a few days; the 25th February at the latest, as the sentence reached +here on the seventeenth. I can only share your view," he continued +turning to Werner, "she really looks healthy enough to be removed into +the common prison. But what would be the good? We have not got any +special 'black hole' in which condemned criminals spend the day before +their execution, and one of these cells in the Infirmary is always used +for the purpose." + +"You are right as usual," Werner warmly agreed. + +"She can remain in the cell for the two days: that will be the most +practical thing to do. On the twenty-third, I will announce the +sentence, on the twenty-fourth, the execution can take place." + +Sendlingen gave a deep sigh. "We have finished with the prisons now," +he said, "let us go back to Chambers. Allow me to show you the nearest +way." + +He beckoned to the Governor of the Prison to follow them. The +cells of the Infirmary were in a short corridor that opened into the +prison-yard. The Governor opened the door and they stepped out into the +yard. "I have a key to this door," said Sendlingen to Werner, "as well +as to that over there." He pointed to the little door in the wall which +separated the prison-yard from the front part of the building. "I will +hand both these keys over to you presently. My predecessor had this +door made, so as to convince himself, from time to time, that the +prison officials were doing their duty. But he forgot to tell me +about this, and so the keys have been rusting unused in my official +writing-table. I first heard of this accidentally a few months ago." + +"Certainly this means of access requires some consideration," observed +Dernegg. "An attempt at escape would meet with very slight obstacles +here. Anyone once in the Infirmary Corridor, would only need to break +through two weak doors, the one in the yard and this one in the wall, +and then get away scot free by the principal entrance which leads to +the offices and private residence of the Chief Justice!" + +"What an idea!" laughed Werner. "In the first place: how would the +fellow get out of the sick-room or out of his cell into the corridor of +the female patients? He would first have to break through two or three +doors. And if he should succeed in getting out into the yard, he would +perhaps never notice the door, it is so hidden away; and if, groping +about in the dark, he were to find it, he would not know where it led +to, or whether there might not be a sentry on the other side with a +loaded rifle. No, no, I think this arrangement is very ingenious, very +ingenious, gentlemen, and I purpose often to make use of it." + +Sendlingen took no part in this talk; he had altogether become very +taciturn and remained so, as they set to work again in Chambers. But +the evening had long set in, the illumination of the town had begun, +and the lights were burning in the windows of the room where they were +working, before they had completed all the formalities. When all was +finished, Sendlingen handed his successor the keys of which he had +spoken. + +Franz was waiting outside with a carriage from the hotel. It was a +nasty night; an icy wind was driving the snow-flakes before it. +Notwithstanding Sendlingen wanted to proceed on foot. "My forehead +burns," he complained. But Franz urged: "I have brought it on account +of the crowds of people about. If we are recognised, we should never +get along or escape from the cheering." So Sendlingen got in. + +This precaution proved to be well-founded. In spite of the stormy +weather, the streets were densely packed with people slowly streaming +hither and thither, and admiring the unwonted spectacle of the +illuminations. The carriage could only proceed at a walking pace: +Sendlingen buried himself deeper in its cushions so as not to be +recognised. + +"The good people!" said old Franz who was sitting opposite him. "I have +always known who it was I was serving, but how much we are loved and +honoured in this town, was not manifest till to-night. But we are not +looking at the illuminations, they are very beautiful." + +"And who is it they are there for!" cried Sendlingen burying his face +in his hands. + +The carriage which had been going slower and slower, was now obliged to +stop; it had come to the beginning of Cross Street which since the +morning bore the superscription: "Sendlingen Street!" The inhabitants +of this street in order to show themselves worthy of the honour, had +illuminated more lavishly than anyone else, and as the Hofmann Hotel +was situated here, the crowd had formed into such a dense mass at this +point, that a passage through it was not to be thought of. Sendlingen +had to quit the carriage and, half deafened with the cheers, he hurried +through the ranks and breathed again when he reached the shelter of the +hotel. + +There Berger, who had been impatiently awaiting him, met him. "Now +quick into your dress clothes," he cried, "in ten minutes the +procession will be here." Sendlingen had hardly finished dressing, when +the sound of music and the shouts of the crowd, announced the approach +of the procession. He was obliged to yield to his friend's pressure and +go out on the balcony. There was a red glimmer from the direction of +the river, and like a giant fire-serpent, the procession wound its way +through the crowd. It stopped before the hotel, the torch-bearers +formed themselves in line in the broad street. Unceasingly, endlessly, +like the roar of wild waves, resounded the cheers. + +Berger's eyes sparkled. "This is a moment which few men live to see," +he said. "Know this, and be glad of it! He who has won such love is, in +spite of anything that could happen, one of the favoured of this +earth!" + +Then they drove to the banquet at the town-hall. The large room was +full to overflowing, and all agreed that this was the most brilliant +assembly that had ever been gathered together within its walls, "But he +deserves it," all said. "What has this man not suffered in the last +few weeks through his fidelity to conviction! One can see it in his +face--this agitation has broken his strength for years!" People +therefore did not take it ill that his replies to the two toasts, "Our +last honorary citizen" proposed by the Mayor, and the "Rock of Justice" +proposed by the chairman of the committee, were very briefly put. He +thanked them for the unmerited honour that had been done him, assured +them that he would never forget their kindness, and, to be brief, made +only the most commonplace remarks, without fulfilling either by his +style or his thoughts, the expectation with which this speech had been +looked forward to. Nevertheless, after he had finished, he was greeted +with wild cheering, and the same thundering applause followed him as he +left the hall towards eleven o'clock. + +Berger and Dernegg accompanied him to the hotel, then to the station. +The first bell had already rung when they got there; so their farewell +had to be brief. Silently, with moistened eyes, Sendlingen embraced his +friend before he got into the train; Franz took his place in a +second-class compartment of the same carriage. Both waved from the +windows after the train had moved off and was gliding away, swifter and +swifter, into the stormy night. + + * * * * * + +Next morning about nine o'clock, when Berger had just sat down at his +writing-table, there was a violent knock at his door and a clerk of the +Law Courts rushed in. "Dr. Berger!" he cried, breathlessly, "Herr von +Werner urgently begs you to go to him at once. Victorine Lippert has +escaped from the prison in the night." + +Berger turned deadly pale. "Escaped?" + +"Or been taken out!" continued the clerk. "Herr von Werner hopes you +may be able to give some hint as to who could have interested +themselves in the person." + +"Very well," muttered Berger. "I know little enough about the matter, +but I will come at once." + +The clerk departed; Berger sat at his table a long time, staring before +him, his head heavily sunk on his breast. "Unhappy wretch!" he thought. +"Now I understand all!" + +Now he understood all: why Sendlingen had hesitated so long in taking +the journey to Vienna, why he had taken Franz and Brigitta into his +confidence, why he had spent the last two days at the hotel where he +and his servant could make all preparations undisturbed, and why he had +chosen the mail train which stopped at every station. The next station +to Bolosch was not distant more than half an hour's drive by sleigh. +"They must both have left the train there," he thought, "and hurried +back in a sleigh that was waiting for them, then released Victorine and +hastened away with her, perhaps to the first station where the express +stops, perhaps in the opposite direction towards Pfalicz. At this +moment, very likely, she is journeying under Franz's protection to some +foreign country where Brigitta awaits her, somewhere in France, or +England, or Italy, while he is hurrying to Vienna, so as not to miss +his appointment with the Minister of Justice!" + +"Monstrous!" he groaned. And surely, the world had never before seen +such a thing: such a crime committed by such a man, and on the very day +when his fellow-citizens had done honour to him as the "Rock of +Justice!" And such he would be for all time, in the eyes of all the +world; it was not to be supposed that the very faintest suspicion would +turn against him: he would go to Pfalicz and there continue to judge +the crimes of others. The honest lawyer boiled over, he could no longer +sit still but began to pace up and down excitedly. Bitter, grievous +indignation filled his heart; the most sacred thing on earth had been +sullied, Justice, and by a man whom of all men he had loved and +honoured. + +And then this same love stirred in his heart again. He thought of last +night, of the moment when he had stood by his friend, while the +thousands surged below making the air ring with their cheers. Pity +incontinently possessed his soul again. "What the poor wretch must have +suffered at this moment!" he thought. "It is a marvel that he did not +go mad. And what he must have suffered on his journey to Vienna, and +long weeks before, when the resolve first took shape in him!" + +He bowed his head. "Judge not, that ye be not judged," cried a voice of +admonition within him. His bitterness disappeared, and deep sorrow +alone filled his heart: sin had bred other sins, crime, another crime +and fresh remorse and despair. How to judge this deed, what was there +to be said in condemnation, what in vindication of it: that deed of +which he had once dreamed, it certainly was not; it was no great, +liberating solution of these complications, but only an end of them, a +hideous end! Certainly Victorine might have now suffered enough to have +been granted freedom, and the opportunity of new life, and no less +certainly would Sendlingen, honourable and loving justice in the +extreme, carry in his conscience through life, the punishment for his +crime--but Justice had been outraged, and this sacred thing would never +receive the expiation that was its due. "A wrong should not be expiated +by a crime!" Sendlingen had once said to him--but now he had done it +himself. "Re-assure yourself," he had once exclaimed at a later date, +"outraged Justice shall receive the expiation that is its due!" This +would not, could not be--never--never! + +Berger roused himself and went forth on his bitter errand. When he +reached the Courts of Justice, old Hoche, who had entered on his +retirement some weeks ago, was just coming out. Berger was going to +pass him with a brief salutation, but the old gentleman button-holed +him. + +"What do you say to this?" he cried. "Monstrous, isn't it? I am +heartily glad that the misfortune has not befallen Sendlingen! But do +not imagine that I wish it to Herr von Werner. On the contrary, I have +just given him a piece of advice--ha! ha! ha!--that should relieve him +of his perplexity. You cross-examine Dr. Berger sharply, I said to him; +that is the safest way of getting to know the secret of who took her +out. For the way Dr. Berger interested himself in this person, is not +to be described. Me, a Judge, he called a murderer for her sake, upon +my word, a murderer. Ha! ha! ha! there you have it." + +Berger had turned pale. "This is not a subject of jest," he said, +angrily. + +"Oh, my dear Dr. Berger!" replied the old man soothingly, "I have only +advised Herr von Werner--and naturally without the slightest suspicion +against you--to formally examine you on oath as a witness. For anyone +connected with the prisoner is likely to know best. And besides: a +record of evidence can never do any harm--_ut aliquid fecisse +videatur_, you know. They will see in Vienna that Werner has taken a +lot of trouble. Well, good-bye, my dear doctor, good-bye." + +He went. Berger strode up the steps. His face was troubled and a sudden +terror shook his limbs. He had never thought of that. Supposing he +should now be examined on oath? Could he then say: 'I have no suspicion +who could have helped her?' Could he be guilty of perjury to save them +both? "May God help them then," he hissed, "for I cannot." + +He entered the corridor that led to the Chief Justice's Chambers. The +examination of the prison officials had just been concluded, but a few +warders were standing about and attentively listening to the crafty +Hoebinger's explanation of this extraordinary case. "Favouritism!" +Berger heard him say as he went by, "her lover, the young Count, has +got her out." The two female warders of the Infirmary cells were there +too, sobbing. + +Berger entered the Chief Justice's Chambers. Baron Dernegg and the +Governor of the prison were with Werner. At a side-table sat a clerk; a +crucifix and two unlighted candles were beside him. "At last!" +cried Werner. "I begged you so particularly to come at once. There is +not a moment to be lost. Light the candles!" he called to the clerk. + +"But that may be quite useless," cried Dernegg. "Do you know anything +about the matter?" he then asked Berger. + +"No!" The sound came hoarsely, almost unintelligibly, from his stifled +breast. + +Werner stood irresolute. "But Dr. Berger was her Counsel," he said, +"and the authorities in Vienna----" + +"Must see that you have taken trouble," supplemented Dernegg. "They +will hardly see this from documents with nothing in them. We have more +important things to do now: the escape was discovered three hours ago, +and the description of her appearance has not yet been drawn up and +telegraphed to Vienna and the frontier stations." + +Werner still looked irresolutely at the lighted candles for a few +seconds: to Berger they seemed an eternity of bitter anguish such as +his conscience had never endured before. "Put out the candles! Come, +the description of her appearance!" He seized the papers relating to +the trial. "Please help me!" he said turning to Dernegg. "My head is +swimming! O God! that I should have lived to see this day!" + +While the clerks were writing at the dictation of the two judges, +Berger turned to the Governor and asked him how the escape had been +effected. + +"It is like magic!" he replied. "When one of the female warders was +taking her breakfast to her this morning, she found the door merely +latched and the cell empty. The lock must have been opened from the +inside. Her course can be plainly traced: she escaped through the yard; +the locks of all the doors have been forced from inside by a file used +by someone with great strength. This is the first riddle. Such a thing +could hardly be done by the hand of the strongest man; it is quite +impossible that Victorine Lippert had sufficient strength! The doctor +vouches for it, and for the matter of that you knew her yourself, Dr. +Berger." + +Berger shrugged his shoulders and the Governor continued: "You see the +theory of external assistance forces itself imperatively upon us, and +yet it is not tenable. The help cannot have come from outside, as all +the locks were forced on the inside. And in the prison she can likewise +have received no assistance. There is not one of the warders capable of +such a crime, besides there is only one door between the general prison +and the corridor of the female patients, and that was locked and +remained locked. Since any external help is not to be thought of, we +are obliged, difficult as it is, to credit Victorine Lippert with +sufficient strength. But there we are confronted with the second +riddle: how did she come by the file? And in the face of such +incomprehensibilities, it is a small thing that she should also have +been aware of an exit that is known to few!" + +"Mysterious in every way!" said Berger. "Most extraordinary!" To him +the rationale of the thing was plain enough: Master and servant had by +means of the official keys or of duplicates which they had had made, +penetrated the prison, and on their return had filed the locks. By this +ruse, all suspicion of external help would be removed, and at the same +time, as far as Sendlingen could do so, it would be averted from the +prison officials. + +Meanwhile the two Judges had drawn up the description of the fugitive's +appearance, and Dernegg renewed his advice to telegraph it abroad at +once. Werner objected that this was "a new method" that he would not +agree to. "Everything according to rule!" he said. "We will publish the +description in the official paper, distribute it among the police, and +send a copy to Vienna. It is inconceivable that the person has got out +of the country; where would she get the money from? We will therefore +not telegraph, and that is enough!" + +But after the old man had roused himself to this judgment of Solomon, +his self-control deserted him altogether. "What a calamity!" he moaned. +"What a beginning to my life as Chief Justice! But I am innocent! Alas! +I shall, none the less, receive a reprimand from the Minister which I +shall carry about me all my life, unless Sendlingen saves me. But my +friend Sendlingen, that best of colleagues, will speak for me and save +me. Excuse me, gentlemen--but I shall have no peace, until I have +written and asked for his help!" + +He sat down to his writing-table, the others took their leave. + +The next morning Berger received a letter from Vienna, the handwriting +of the address was known to him and, with trembling hands, he opened +the envelope. This was the letter. + +"I know that you cannot forgive me and I do not ask you to do so. One +favour only do I implore: do not give up hope that the time will one +day come when I shall again be worthy of your regard. The first step to +this I took yesterday: I have left the service of the State for ever, +and I do not doubt that I shall have courage to take the second step, +the step that will resolve all; when God will grant me the grace to do +this, I know not. Pray with me that I may not have too long to wait. + + "Farewell, George, farewell for ever! + + "Victor." + +Berger stared for a long while at these lines, his lips trembled--he +was very sore at heart. + +Then he drew a candle towards him, lit it, and held the letter in its +flame until it had turned to ashes. + +"Farewell, thou best and purest of men," he whispered to himself, and a +sudden tear ran down his cheek. + + + + + CHAPTER XIV. + + +Three years had passed, it was the summer of 1856. Bright and hot, the +June sun shone upon the Valley of the Rhine ripening the vineyards that +hung upon its rocky declivities. The boat steaming down the Valley from +Mayence to the holy city of Cologne, had its sheltering awning +carefully stretched over the deck, and all went merrily on board, +merrily as ever. More beautiful landscapes there may be in the +world, but none that make the heart more glad. And so thought two +grave-looking men who had come aboard at Mayence that morning. They had +come from Austria, and were going to London; they did not want to miss +the opportunity of seeing the beautiful river, but at the beginning of +the journey they made but a poor use of the favourable day. They sat +there oppressed and scarcely looking up, consulting together about the +weighty business that lay on their shoulders. But an hour later, when +they got into Nassau, they yielded to the charm of the scenery, and as +they glided by Ruedesheim, they began to consider whether, after all, +the Rhine was not the proper place to drink Rhine-wine, and when they +passed the Castle called the Pfalz at Caub, they first saw this +venerable building through their spectacles, and then through the +green-gold light of the brimming glasses they were holding to their +eyes. + +These two men were Dr. George Berger of Bolosch and a fellow barrister +from Vienna. They had a difficult task to perform in London. One of the +largest iron-foundries in Austria, that at Bolosch, had got into +difficulties, and an attempt to stave off bankruptcy had failed, less +from the action of the creditors, than from the miserable red-tapism of +the Chief Justice of Bolosch, Herr von Werner. The foundry, which +employed thousands of men, would be utterly ruined if it did not +succeed in obtaining foreign capital. With this object, these two +representatives of the firm were making their way to England. + +On the Rhine, everybody forgets their cares and this was their +good-fortune too. And so greatly had the lovely river, which both now +saw for the first time, taken possession of their hearts, that they +could not part company with it even at Cologne, where most people went +ashore. They resolved to continue the journey by the river as far as +Arnhem, and they paced up and down the now empty deck cheerfully +talking in the cool of the evening. No mountains, no castles, were any +longer reflected in the stream, but the look of its shores was still +pleasant, and when they saw the light of dying day spread its rosy net +over the broad and swiftly flowing waters, they did not repent their +resolve, and extolled the day that had ended as beautiful as it had +begun. + +The shades of evening fell, the banks of the river grew more and more +flat and bare, factories became more and more plentiful, and behind +Dusseldorf, they saw the red glare of countless blast-furnaces, +brightly glowing in the dark. + +This sight reminded them of their task. + +"Who knows," sighed Berger's friend Dr. Moldenhauer, "how soon these +fires at home may not be extinguished! And why? Because of the +narrow-mindedness of one single man. Nothing in my life ever roused my +indignation more than our dealings with your Chief Justice! What +pedantry! what shortsightedness! Now his predecessor, Baron Sendlingen, +was a different sort of man!" + +Berger sighed deeply. "That he was!" he replied. + +"The Werners stay, the Sendlingens go," continued Dr. Moldenhauer. "And +they are allowed to go cheerfully, nay, even forced to go! At least it +was generally said that, when Baron Sendlingen suddenly retired a few +years ago, it was not on account of heart-disease, as officially +reported, but because he had had a difference with the Minister of +Justice. The regret at this was so great that His Excellency had to +hear many a reproach." + +"Perhaps unjustly for once," said Berger, heavy at heart. + +"I don't think so," cried Moldenhauer. "Sendlingen certainly went away +in deep dudgeon, otherwise he would not have renounced his pension and +then left Austria for ever. Even his brother-in-law, Count Karolberg, +does not know where he has gone. You were very intimate with him, do +you know?" + +"No!" + +"Count Karolberg thinks he may have died suddenly in some of his +travels abroad." + +"That too is possible," answered Berger shortly; he was anxious to drop +the subject. + +But Moldenhauer stuck to his theme. "What a thousand pities it is!" he +continued. "How great a lawyer he was, his last work, 'On +Responsibility and Punishment in Child-murder,' which appeared +anonymously some three years ago, most clearly shows--You know the book +of course." + +"Yes," said Berger, "but I doubt whether it is by Sendlingen." This was +an untruth, he had never doubted it. + +"It is attributed to other writers as well," replied Dr. Moldenhauer, +"but his brother-in-law is convinced that it is by him. He says he +recognised the style and also some of the thoughts, which Sendlingen +explained to him in conversation. Whoever the author may be, he need +not have concealed his identity. The work is the finest ever written on +this subject and has made a great sensation. It is chiefly owing to its +influence, that our new penal code so definitely emphasizes the +question of unsoundness of mind in such crimes, and has so materially +lessened the punishment for them." + +He talked for a long time of the excellencies of the work, but Berger +hardly heard him, and was silent and absent-minded for the rest of the +evening. When Moldenhauer retired to his cabin for the night, Berger +still remained on deck; he was fascinated, he said, by this wondrous +spectacle of the night. + +And indeed the aspect of the scene was strange enough and not without +its charm. The moon-light lay in a faint glimmer on the stream that +here, having almost poured forth its endless waters, was slowly flowing +with a gentle murmur towards its grave, the vast sandy plain of the +sea. On the level shores, the dim light showed the distant, dusky +outlines of solitary high houses and windmills, and then again came +blast-furnaces, smoking and flaming, denser and denser was the forest +of them the further the boat glided on, and, here and there, where one +stood close to the shore, it threw its blood-red reflex far on to the +waters reaching almost to the boat, so that its lurid light and the +faint lustre of the celestial luminary, seemed to be struggling for the +mastery of it. + +The lonely passenger on the deck kept his eyes riveted on the scene, +but his thoughts were far away. His recent conversation had powerfully +stirred up the memory of his unhappy friend. + +Since that last letter he had received no line, no sign or token of any +sort from him. Why? he asked himself. From mistrust? Impossible. From +caution? That would be exaggerated; the writing on the envelope would +not betray to any meddlesome person in what corner of the earth he had +buried himself with his child. Besides he had no need to be +apprehensive of any inquiry; no one knew of his child, Victorine +Lippert's escape from prison had never been cleared up, the +investigation had soon after been discontinued without result. The +Governor of the Prison had been reprimanded for want of care in +searching the cell, the little door in the wall had been bricked up, so +that Herr von Werner had never been able to make use of the arrangement +which he had thought so "ingenious"--those were the only consequences. +Among the prison officials as among the lower classes, the opinion was +sometimes expressed that it was Count Riesner-Graskowitz who had +liberated his sweetheart, but this was not believed in higher circles; +against Sendlingen, however, there was never the slightest breath of +suspicion. Sendlingen himself must know this well enough, otherwise he +would not have dared to let his book appear, that curious work in which +every reader might perceive beneath the stiff, solid legal terminology, +the beatings of a deeply-moved heart. He had not put his name to it, +but he must have known that his name would rise to the lips of anyone +who had carefully read his earlier writings. + +If he had not feared this, he might well have ventured upon a letter. +If he was none the less silent, it must be because he preferred to be +silent. Had he, perhaps, thought Berger, not had the courage to take +that second step, had he perhaps renounced the intention and was now +ashamed to confess it? That would be superfluous anxiety indeed. Is +there a man in the wide world, who would have the heart to blame him +for this? + +Or was he silent because he could speak no more? The thought had never +entered his head before; now in this lonely hour of night it +overmastered him. Of course, his brother-in-law was right, he had died +a sudden death and now slept his last sleep somewhere in a strange land +and under a strange name. And if that were so, would it be cause for +complaint? Would not Death have been a deliverer here? + +Softly murmuring, the waters of the river glided on, not a sound came +from its banks; in deep and solemn stillness, night lay upon the land +and waters. The solitary figure on deck alone could find no rest, and +the early dawn was trembling in the East over the distant hills of +Guelderland, ere he at length went in search of sleep. + +He had scarcely rested a couple of hours when the steward knocked at +his cabin-door--the passengers were to come on deck, the boat was +approaching Lobith, on the Dutch frontier, where the luggage had to be +examined. + +The two travellers answered to the call. The steamer was already +nearing the shore by the landing stage of the village of which the +custom-house seemed the only inhabitable building. The Dutch Customs +officers in their curious uniforms came on deck. + +The were speedily finished with the luggage of the two lawyers, as also +with that of the few other passengers. On the other hand four mighty +trunks, which the Captain had with him, gave them much trouble. They +were full throughout of things liable to duty: new clothes, linen, lace +and articles of luxury. They required troublesome measuring, weighing +and calculation. Half an hour had passed, and scarcely the half had +been gone through. + +"We shall miss the train at Arnhem," said Berger turning impatiently to +the Captain. "We must be in London to-morrow, you are responsible for +the delay." + +"I shall make up the time by putting on steam," he reassuringly said in +his broad Cologne dialect. "Excuse me, Sir, but I did not imagine that +women's finery would take up so much time." + +"You are getting a trousseau for a daughter, I suppose." + +"God forbid! Thank Heaven, I am unmarried. I have, out of pure +goodnature, brought these things for someone else from Cologne and +undertaken to pay the duty for him. It is the most convenient thing to +him, though certainly not to me. But what would one not do for a +compatriot. He is a Herr von Tessenau." + +"Tessenau?" The name seemed familiar to Berger, but he could not +remember where he had heard or read it. + +"Yes, that is his name," said the captain. "He comes from Bavaria, and +is said to have been in the diplomatic service. He is now living with +his daughter at Oosterdaal House near Huissen, the station before +Arnhem. I know both of them well, they sometimes use my boat for the +journey to Arnhem, and as they are such nice people, I could not refuse +them this service. The wedding, which is to take place the day after +to-morrow, would otherwise have had to be postponed--ask women and +lovers." + +"So Fraeulein von Tessenau is the happy bride?" + +"The daughter of the old gentleman, yes--but she is a 'Frau,' a young +widow. Her name is von Tessenau, because she was married to a cousin. +It seems that she lost her husband after a brief married life, for she +is still very young, scarcely twenty-two. A beautiful, gentle lady and +still looks quite girlish. But I must hurry up these easy-going +Mynheers." + +He turned to the Customs officers and paid them the required duty. They +left the steamer which now began to proceed at a much greater speed. + +Notwithstanding this, Moldenhauer was pacing up and down excitedly, now +and then consulting timetables and pulling out his watch every five +minutes. It was another cause that robbed Berger of calm. "If it should +be they?" The thought returned to him however often he might say: +"Nonsense! an old father and a young daughter--the conjunction is +common enough--and I know nothing else about them. That I must often +have heard the name Tessenau tells rather against the supposition--for +Sendlingen would hardly have chosen the name of some Austrian family +for his pseudonym!" + +Still his indefinite presentiment gave him no rest, and he at length +went up to the captain! "I once," he began, "knew a family of von +Tessenau, and would be very pleased if I were perhaps unexpectedly to +come across them here. The old gentleman, you say, comes from Bavaria?" + +"Yes, you must certainly be a countryman of his?" + +"No. I am an Austrian." + +"Then the two dialects must be very much alike for you speak just like +him. That he comes from Bavaria I know for certain. Herr Willem van der +Weyden told me so quite recently, and he must surely know, as he is to +become his son-in-law." + +"Who is the bridegroom?" + +"A capital fellow," replied the captain. "A man of magnificent +build--no longer young, somewhere in the forties I should say, but +stately, brave and capable--all who know him, praise him. He holds a +high position in Batavia, he is manager of the Java Mines. Some ten +months ago he came back to Europe, after a long absence, on a year's +furlough: to find a wife, people say. None seemed to please him +however. Then he came to Arnhem where his brother is settled, and in an +excursion in the country about, he accidentally got to know the young +Frau von Tessenau at Oosterdaal House, and fell in love with her. There +seemed at first to be great obstacles in the way; at all events he was +always very melancholy when he rode on my boat from Arnhem to Huissen. +Well one day he was very happy, the betrothal was solemnized, and now +the wedding is to come off. Yes," added the Captain pleasantly, "when +one is everlastingly taking the same journey, one gets to know people +by degrees and kills time by sharing their joys and sorrows." + +"And is Herr van der Weyden going back to Java again?" + +"Yes, in a month from now, when his furlough will be up. He is +naturally going to take his young wife with him, and the old gentleman +is going to join them too. He has no other relations. The father and +daughter lived hitherto in great retirement with an old house-keeper +and an equally old man-servant. But if you are interested in the +family, come and look over when we get to Huissen. The old man-servant +at least, will be at the landing-stage to receive the trunks, and +perhaps Herr von Tessenau himself." + +"Do you know what the man-servant is called?" Berger's voice trembled +at this question. + +"Franz is his name." + +The captain did not notice how pale Berger had become, how hastily he +turned away. "No more room for doubt," he thought. But the doubt did +rise again. That some details agreed, might only be a coincidence, and +the name of the man-servant--such a common name--was not sufficient +proof. Besides how much was against the supposition! It was +inconceivable that Sendlingen should have deceived his future +son-in-law and passed off Victorine as a widow! "It would be outrageous +to impute such a thing to him!" he thought. + +With growing impatience, he looked out for the landing-stage, the +steamboat had long since left the river and was steaming along the +narrow Pannerden Canal. The monotonous, fruitful, thoroughly Dutch +landscape extended far and wide; rich meadows on which cattle were +pasturing; narrow canals, on which heavily laden boats drawn by horses +on the banks, slowly made their way; on the horizon a few windmills +lazily turned by their large sails. At length a few large, villa-like +buildings came in sight. + +"That is Huissen," said the Captain. "We will see who is at the +landing-stage." He produced a telescope. "Right, there is the +man-servant," he said, handing Berger the telescope. "See if you know +the man." + +Berger only held the glass to his eye for a second and then handed it +back to the Captain. + +"No," he said, "I don't know him, it must be another family of von +Tessenau." + +He went down to the cabin and stayed there, till the boat had got well +beyond the landing-stage. + +It had been Franz. + +Berger had to stay in London a week before his task was done. He left +the completion of the agreement to his colleague, and began his journey +home. At first he intended to go by Dover and Calais. But at the +station in London he was overcome by his feelings; he could not let his +friend depart forever without seeing him again. He went back by +Holland, and the next day was in Arnhem. + +Not until he was in the carriage which he had hired to take him to +Oosterdaal, was he visited by scruples, the same sort of feeling which +a week before had kept him from remaining on the deck of the steamer. +Was it not indelicate and selfish to gratify his own longing at the +price of deeply and painfully stirring up his friend's heart? +Sendlingen did not wish to see him again, otherwise he would have +written and told him of his whereabouts. And what would he not feel if +he was so suddenly reminded of the fatality of his life, if his wounds +were suddenly torn open again just as they were beginning to heal? And +when Berger thought of Victorine, he altogether lost courage to +continue the journey. Unfriendly,--nay it would be cruel, inhuman, to +remind the newly-married girl of the misery of the past, and to plunge +her in fatal embarrassment. + +The roof of the house was already visible in the distance above the +tops of the trees, when these reflections overmastered Berger. "Stop, +back to Arnhem!" he ordered the driver. + +But that could not be done at once; the horses would have to be fed +first, explained the driver. The carriage proceeded still nearer the +house, and stopped at a little friendly-looking inn opposite the +entrance to the avenue of poplars which led up to the door. While the +driver drove into the yard, the landlady suggested to Berger to take +the refreshment he had ordered in front of the house. This, however, he +declined and entered the inn-parlour. His remorse increased every +minute, and he feared to be seen, if by chance one of the occupants of +the house went by. + +Sighing deeply, he looked out of the window at the driver leisurely +unharnessing his horses. The landlady, a young, plump, little woman, +tried to console him by telling him he would not have to wait more than +an hour. She spoke in broken German; she had been maid to the young +German lady up at the house, she said, and had learnt the language +there. They were kind, good people at Oosterdaal, the driver had told +her that the gentleman was going to have driven there, why had he given +up the idea? They would certainly be very glad to see a countryman +again, even if he were only a slight acquaintance. No German had ever +come to see them, not even at the wedding. The festivities had +altogether been very quiet, but very nice. Had the gentry no relations +in Germany then? + +"How can I tell you," replied Berger impatiently. "I don't know them." + +"Indeed?" she asked astonished. "Then I suppose you have come to buy the +house?" Several people had been with that intention, she added, but +Herr von Tessenau had already made it over to his son-in-law, and he to +his brother, Herr Jan van der Weyden. In a fortnight they were all +going to Batavia. The Housekeeper, Fraeulein Brigitta, too, and the old +German man-servant. "But won't you go up to the house after all?" she +asked again. Before he could answer, however, she cried out: "There +they come!" and flew to the window. + +A carriage went by at a leisurely trot. "Do come here," cried the +landlady. Berger had retired deeper into the room, but he could still +plainly see his friend. Sendlingen was looking fresher and stronger +than when he saw him last; but his hair had the silver-white hue of old +age, although he could hardly have reached the middle of the fifties. +But in the young, blooming, happy woman at his side, Berger would +scarcely have recognized his once unfortunate client, if he had met her +under other circumstances. She was just laughingly bending forward +and straightening the tie of her husband opposite her. The stately, +fair-haired man smilingly submitted to the operation. + +"How happy they are!" cried the landlady. "But they deserve it. Why the +carriage is stopping," she cried, bending out of the window. "What an +honour, they are going to come in." + +Berger turned pale. But in the next instant he breathed again: the +carriage drove on. "Oh, no!" cried the landlady, "only Franz has got +down! Good day!" she cried to the old man as he went by. "A glass of +wine!" + +"No," answered Franz. "I am only to tell you to come up to the house. +But for the matter of that as I _am_ here----" + +Then Berger heard his footsteps approaching on the floor outside; the +door was opened. "Well, a glass of----" he began, but the words died on +his lips. Pale as death, he started back and stared at Berger as if he +had seen a ghost. + +"It is I, Franz," said Berger, himself very pale. "Don't be afraid--I +only want----" + +"You have come to warn us?" he exclaimed, trembling all over as he +approached Berger. "It is all discovered, is it not?" + +"No!" replied Berger. "Why, what is there to discover?" + +He made a sign to draw Franz's attention to the landlady, who was +inquisitively drinking in the scene. + +"I am glad to see you," he said meaningly. "I am going to continue my +journey at once." + +"Excuse me, Marie," said Franz, turning to her, "but I have something +to say to this gentleman. He is an old acquaintance." + +"After all!" she cried, and left the room shaking her head. + +"She will listen," whispered Berger. "Come here, Franz, and sit beside +me." + +"Oh, how terrified I am," he replied in the same whisper. "So people +suspect nothing? It would have been frightful if misfortune had come +now, now, when everything is going so well. Certainly my fears were +foolish; how should it be found out? We had arranged everything with +such care: even the duplicate keys were not made at Bolosch, but at +Dresden, where Brigitta was waiting for us." + +"Enough!" said Berger, checking him. "I don't wish to know anything +about it. How has Baron Sendlingen been since?" + +"Bad enough at first!" replied Franz. "We did not eat, nor sleep, and +we fell into a worse decline than at Bolosch--but it was perhaps less +from the fear of discovery than from remorse. And yet we had only done, +what had to be done--isn't that so, Dr. Berger?" + +Berger looked on the ground and was silent. Old Franz sighed deeply. +"If even you--" he began, but he interrupted himself and continued his +story. "Gradually we became calmer again. Fear vanished though remorse +remained, but for this too there was a salve in seeing how the poor +child blossomed again. Then we began to write a book. It deals with the +punishment of--h'm. Dr. Berger----" + +"I know the work," said Berger. + +"Indeed? We did not put our name to it. Well, while we were working at +the book, we forgot our own sorrow, and later on, after the work had +appeared and all the newspapers were saying that it would have great +influence, there were moments when we seemed happy again. Then came +this business with the Dutchman, and we got as sad and despairing as +ever. But we took courage and told the man everything; our real name, +and that we were only called von Tessenau here----" + +"How did he come by this name?" asked Berger. "It sounds so familiar to +me." + +"Probably because it is one of the many titles of the family. Tessenau +was the name of an estate in Carinthia, which once belonged to the +family. We were obliged to choose this name, because on settling here +it was necessary to prove our identity to the police. Well, we +confessed this to Herr Willem and also what the young lady's plight +was----" + +Berger gave a sigh of relief. + +"We said to him: she is not called von Tessenau because she was married +to a cousin, but because we adopted the name here with the proper +formalities. She was never married, she was betrayed by a scoundrel. +That we said no more, nothing of the deed that brought her to prison, +nothing of the way she was released--that, Dr. Berger, is surely +excusable." + +"Of course!" assented Berger. "And Herr van der Weyden?" + +"Acted bravely and magnanimously, because he is a brave and magnanimous +man, God bless him! He made her happy, her and himself. And now at +length we got peace of heart once more. We are going to Batavia. May it +continue as heretofore!" + +"Amen!" said Berger deeply moved. "Farewell, Franz." + +"You are not going up to the house?" + +"No. Don't tell him of my visit till you are on the sea. And say to him +that I will always think of him with love and respect. With _respect_, +Franz, do not forget that!" + +He shook hands with the old servant, got into his carriage, and drove +back to Arnhem. + + + + + CHAPTER XV. + + +Three weeks later, on a glowing hot August day, the Austrian Minister +of Justice sat in his office, conferring with one of his subordinates, +when an attendant brought him a card; the gentleman, he said, was +waiting in the ante-room and would not be denied admittance. + +"Sendlingen!" read the Minister. "This is a surprise; it has not been +known for years whether he was alive or dead. Excuse me," he said to +his companion, "but I cannot very well keep him waiting." + +The official departed, Sendlingen was shown in. He was very pale; the +expression of his features was gloomy, but resolved. + +The Minister rose and offered his hand with the friendliest smile. +"Welcome to Vienna," he cried. "I hope that you are completely +recovered, and are coming to me to offer your services to the State +once more." + +"No, your Excellency," replied Sendlingen. "Forgive me, if I cannot +take your hand. I will spare you having to regret it in the next +instant. For I do not come to offer you my services as Judge, but to +deliver myself into the hands of Justice. I am a criminal and desire to +undergo the punishment due to me." + +The Minister turned pale and drew back: "The man is mad," he thought. +The thought must have been legible in his face, for Sendlingen +continued: + +"Do not be afraid, I am in my senses. I have indeed abused my office in +a fashion so monstrous, that perhaps nothing like it has ever happened +before. I released from prison, by means of official keys, a condemned +woman, who was to have been executed the next day, and suggested, +furthered, and carried out her flight to a foreign country. Her name +was Victorine Lippert: the crime was done on the night of 21-22 +February, 1853." + +"I remember the case," muttered the Minister. "She escaped in the most +mysterious way. But you! Why should you have done this?" + +"A father saved his child: Victorine is my natural daughter." + +The Minister wiped the sweat from his forehead. "This is a frightful +business." He once more searchingly looked at his uncomfortable +visitor. "He certainly seems to be in his senses," he thought. + +"Allow me to tell you how every thing came about?" + +The Minister nodded and pointed to a chair. + +Sendlingen remained standing. He began to narrate. Clearly and quietly, +in a hollow, monotonous voice, he told of his relations with Herminie +Lippert, then how he had made the discovery in the lists of the +Criminal Court, and of his struggles whether he should preside at the +trial or not. + +"I had the strength to refuse," he continued. "My sense of duty +conquered. Sentence of death was pronounced. It was--and perhaps you +will believe me although you hear it at such a moment, from such a +man--it was a judicial murder, such as could have been decreed by a +Court of Justice alone. And therefore my first thought was: against +this wrong, wrong alone can help. I sought out the prison keys, and for +some hours was firmly resolved to release my daughter. But then my +sense of duty--perhaps more strictly speaking my egoism--conquered. For +I said to myself that I, constituted as I was, could not commit this +crime without some day making atonement for it. I knew quite well even +then, that an hour would come in my life, like the present, and I could +not find it in my heart to end as a criminal. But my conscience cried: +'Then your child will die!' and so suicide seemed to me the only thing +left. I was resolved to kill myself; whether I could not bring myself +to it at the last moment, whether a chance saved me--I do not know: +there is a veil cast over that hour that I have never since been able +to pierce. I survived, I saw my daughter, and recovered my clearness of +mind; the voice of nature had conquered. I now knew that it was highly +probable that there was no means that could save us both, that the +question was whether I should perish, or she, and I no longer doubted +that it must be I. I was resolved to liberate her, and then to expiate +my crime; but until extreme necessity compelled, I wanted to act +according to law and justice. That I did so, my conduct proves when the +Supreme Court ordered a fresh examination of the chief witness. +Everything depended upon that; I made over this inquiry also to +another--who assuredly did not bring the truth to light. The Supreme +Court confirmed the sentence of death; it was pronounced upon me, not +upon my child; that extreme necessity had now arrived, I now knew that +I must become a criminal, and only waited for the result of the +Counsel's petition for pardon, because the preparations for the act +required time, and because I first wanted to save some men unjustly +accused of political offences." + +"I remember, the workmen," said the Minister. He still seemed dazed, it +cost him an effort to follow the unhappy man's train of thought. "One +thing only I do not understand," he slowly said, passing his hand over +his forehead. "Why did you not discover yourself to me, or why did you +not appeal to the Emperor for pardon?" + +"For two reasons," replied Sendlingen. "I have all my life striven to +execute Justice without respect of persons. It was ever a tormenting +thought to me that the Aristocrat, the Plutocrat, often receives where +the law alone should decide, favours that would never fall to the lot +of the poor and humble. And therefore it was painful to me to lay claim +to such a favour for myself." + +"You are indeed a man of rare sense of justice," cried the Minister. +"And that such a fate should have, befallen you....." + +He paused. + +"Is tragic indeed," supplemented Sendlingen, his lips trembling. +"Certainly it is---- But I will not make, myself out better than I am; +there was another reason why I hesitated to appeal to the Emperor. What +would have been the result, your Excellency? Commutation to penal +servitude for life, or for twenty years. The mere announcement of this +punishment would have so profoundly affected this weakly, broken-down +girl, that she would scarcely have survived it, and if she had--a +complete pardon could not have been attained for ten, for eight, in the +most favourable case for five years, and she would not have lived to +see it. I was persuaded of that, quite firmly persuaded, still," his +voice became lower, "I too was only a human being. When I received the +confirmation of the death-sentence by the Emperor, cowardice and +selfishness got the better of me, I journeyed to Vienna--it was the +18th February." + +"The date of the attempt!" cried the Minister. "What a frightful +coincidence! Thus does fate sport with the children of men." + +"So I thought at first!" replied Sendlingen. "But then I saw that that +coincidence had not decided my fate: it was sealed from the first. By +my whole character and by all that had happened. In this sense there is +a Fate, in this sense what happens in the world _must_ happen, and my +fate is only a proof of what takes place in millions of cases. I +returned to Bolosch and liberated my daughter. How I succeeded, I am +prepared to tell my Judges so far as my own share in the act is +concerned. I had no accomplice among the prison officials. Your +Excellency will believe me, although I can only call to witness my own +word, the word of honour of a criminal!" + +"I believe you," said the Minister. "You took the girl abroad?" + +"Yes, and sought to make good my neglect. Fate was gracious to me, my +daughter is cared for. And I may now do that which I was from the first +resolved to do, although I did not know when the day would be +vouchsafed me to dare it--I may present myself to you, the supreme +guardian of Justice in this land, and say: 'Deliver me to my Judges!'" + +Sendlingen was silent; the Minister, too, at first could find no words. +White as a ghost, he paced up and down the room. "But there can be no +question of such a thing!" he cried at length. "For thousands of +reasons! We are not barbarians!" + +"It can be and must be! I claim my right!" + +"But just consider!" cried the Minister, wringing his hands. "It would +be the most fearful blow that the dignity of Justice could receive. A +former Chief-Justice as a criminal in the dock! A man like you! Besides +you deserve no punishment! When I consider what you have suffered, how +all this has come about--good God, I should be a monster if I were not +moved, if I did not say: if this man were perhaps really a criminal, he +has already atoned for it a thousand times over." + +"Then you refuse me justice?" + +"It would be injustice! Go in peace, my Lord, and return to your +daughter." + +"I cannot. I could not endure the pangs of my conscience! If you refuse +to punish me, I shall openly accuse myself!" + +"Great Heavens! this only was wanting!" The Minister drew nearer to +him. "I beseech you, let these things rest in peace! Do not bring upon +that office of which you were so long an ornament, the worst blemish +that could befal it. And your act would have still worse consequences: +it would undermine the authority of the State. Consider the times in +which we live--the Revolution is smouldering under its ashes." + +"I cannot help it, your Excellency. Do your duty voluntarily, and do +not oblige me to compel you to it." + +The Minister looked at him: in his face there was the quiet of +immovable resolve. "A fanatic," he thought, "what shall I do with him?" +He walked about the room in a state of irresolution. + +"My Lord," he then began, "you would oblige the State to take defensive +measures. Accuse yourself openly by a pamphlet published abroad, and I +would give out that you were mad. I should be believed, you need not +doubt." + +"I do doubt it," replied Sendlingen. "I should take care that there was +no room left for any question as to my sanity. Once more, and for the +last time, I ask your Excellency, to what Court am I to surrender +myself?" + +Again the Minister for a long while paced helplessly up and down. At +length a saving thought seemed to occur to him. + +"Be it so," he said. "Do what you cannot help doing; we, on the other +hand, will do what our duty commands. You naturally want to conceal +where your daughter is now living?" + +Sendlingen turned still paler and made no reply. + +"But we shall endeavor to find out, even if it should cost thousands, +and if we should have to employ all the police in the world. We shall +find your daughter and demand her extradition. There is no state that +would refuse to deliver a legally condemned murderess! You must decide, +my Lord, whether this is to happen." + +Sendlingen's face had grown deadly pale--a fit of shuddering shook his +limbs. There was a long silence in the room, it endured perhaps five +minutes. At length Sendlingen muttered: + +"I submit to your Excellency's will. May God forgive you what you have +just done to me." + +The Minister gave a sigh of relief. "I will take that on my +conscience," he said. "I restore the father to his child. Farewell, my +Lord." + +Sendlingen did not take the proffered hand, he bowed silently and +departed. + + * * * * * + +Two days later Dr. George Berger received a letter of Sendlingen's, +dated from Trieste. It briefly informed his friend of the purport of +his interview with the Minister of Justice, and concluded as follows: + + +"It is denied me to expiate my crime: it is impossible to me, a +criminal, to go unpunished through life; so I am going to meet death. +When you read this, all will be over. Break the news to my daughter, +who has already set out on her journey, as gently as possible; hide the +truth from her, I shall help you by the manner in which I am doing the +deed. And do not forget Franz, he is waiting for me at Cologne; I was +only able to get quit of him under a pretext. + +"Farewell, thou good and faithful friend, and do not condemn me. You +once said to me: there must be a solution of these complications, a +liberating solution. I do not know if there was any other, any better +than that which has come to pass. For see, my child has received her +just due, and so too has Justice: with a higher price than that of his +life, nobody can atone for a crime. And I--I have seen my child's +happiness, I have honourably paid all my debts, and now I shall find +peace forever--I too have received my due!... And now I may hope for +your respect again! + +"Farewell! and thanks a thousand times! + + "Victor." + + +Berger, deeply moved, had just finished reading this letter, when his +clerk entered with the morning paper in his hand. + +"Have you read this, Sir?" he asked. "Baron Sendlingen----" + +He laid the paper before his chief and this was what was in it: + +"A telegram from Vienna brings us the sad news that Baron von +Sendlingen, the retired Chief Justice and one of the most highly +esteemed men in Austria, fell overboard while proceeding by the Lloyd +steamer last night from Trieste to Venice. He was on deck late in the +evening and has not been seen since; very likely, while leaning too far +over the bulwarks, a sudden giddiness may have seized him so that he +fell into the sea and disappeared. The idea of suicide cannot for +personal reasons be entertained for a moment; the last person he spoke +to, the captain of the steamer, testifies to the cheerful demeanour of +the deceased. He leaves no family, but everyone who knew him will mourn +him. + +"All honour to his memory!" + +"All honour to his memory!" muttered Berger, burying his face in his +hands. + + + + THE END. + + + + + + + + + +End of the Project Gutenberg EBook of The Chief Justice, by Karl Emil Franzos + +*** END OF THIS PROJECT GUTENBERG EBOOK THE CHIEF JUSTICE *** + +***** This file should be named 36854.txt or 36854.zip ***** +This and all associated files of various formats will be found in: + https://www.gutenberg.org/3/6/8/5/36854/ + +Produced by Charles Bowen, from page scans provided by the Web Archive + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. Special rules, +set forth in the General Terms of Use part of this license, apply to +copying and distributing Project Gutenberg-tm electronic works to +protect the PROJECT GUTENBERG-tm concept and trademark. Project +Gutenberg is a registered trademark, and may not be used if you +charge for the eBooks, unless you receive specific permission. If you +do not charge anything for copies of this eBook, complying with the +rules is very easy. You may use this eBook for nearly any purpose +such as creation of derivative works, reports, performances and +research. They may be modified and printed and given away--you may do +practically ANYTHING with public domain eBooks. Redistribution is +subject to the trademark license, especially commercial +redistribution. + + + +*** START: FULL LICENSE *** + +THE FULL PROJECT GUTENBERG LICENSE +PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK + +To protect the Project Gutenberg-tm mission of promoting the free +distribution of electronic works, by using or distributing this work +(or any other work associated in any way with the phrase "Project +Gutenberg"), you agree to comply with all the terms of the Full Project +Gutenberg-tm License (available with this file or online at +https://gutenberg.org/license). + + +Section 1. General Terms of Use and Redistributing Project Gutenberg-tm +electronic works + +1.A. By reading or using any part of this Project Gutenberg-tm +electronic work, you indicate that you have read, understand, agree to +and accept all the terms of this license and intellectual property +(trademark/copyright) agreement. If you do not agree to abide by all +the terms of this agreement, you must cease using and return or destroy +all copies of Project Gutenberg-tm electronic works in your possession. +If you paid a fee for obtaining a copy of or access to a Project +Gutenberg-tm electronic work and you do not agree to be bound by the +terms of this agreement, you may obtain a refund from the person or +entity to whom you paid the fee as set forth in paragraph 1.E.8. + +1.B. "Project Gutenberg" is a registered trademark. It may only be +used on or associated in any way with an electronic work by people who +agree to be bound by the terms of this agreement. There are a few +things that you can do with most Project Gutenberg-tm electronic works +even without complying with the full terms of this agreement. See +paragraph 1.C below. There are a lot of things you can do with Project +Gutenberg-tm electronic works if you follow the terms of this agreement +and help preserve free future access to Project Gutenberg-tm electronic +works. See paragraph 1.E below. + +1.C. The Project Gutenberg Literary Archive Foundation ("the Foundation" +or PGLAF), owns a compilation copyright in the collection of Project +Gutenberg-tm electronic works. Nearly all the individual works in the +collection are in the public domain in the United States. If an +individual work is in the public domain in the United States and you are +located in the United States, we do not claim a right to prevent you from +copying, distributing, performing, displaying or creating derivative +works based on the work as long as all references to Project Gutenberg +are removed. Of course, we hope that you will support the Project +Gutenberg-tm mission of promoting free access to electronic works by +freely sharing Project Gutenberg-tm works in compliance with the terms of +this agreement for keeping the Project Gutenberg-tm name associated with +the work. You can easily comply with the terms of this agreement by +keeping this work in the same format with its attached full Project +Gutenberg-tm License when you share it without charge with others. + +1.D. The copyright laws of the place where you are located also govern +what you can do with this work. Copyright laws in most countries are in +a constant state of change. If you are outside the United States, check +the laws of your country in addition to the terms of this agreement +before downloading, copying, displaying, performing, distributing or +creating derivative works based on this work or any other Project +Gutenberg-tm work. The Foundation makes no representations concerning +the copyright status of any work in any country outside the United +States. + +1.E. Unless you have removed all references to Project Gutenberg: + +1.E.1. The following sentence, with active links to, or other immediate +access to, the full Project Gutenberg-tm License must appear prominently +whenever any copy of a Project Gutenberg-tm work (any work on which the +phrase "Project Gutenberg" appears, or with which the phrase "Project +Gutenberg" is associated) is accessed, displayed, performed, viewed, +copied or distributed: + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + +1.E.2. If an individual Project Gutenberg-tm electronic work is derived +from the public domain (does not contain a notice indicating that it is +posted with permission of the copyright holder), the work can be copied +and distributed to anyone in the United States without paying any fees +or charges. If you are redistributing or providing access to a work +with the phrase "Project Gutenberg" associated with or appearing on the +work, you must comply either with the requirements of paragraphs 1.E.1 +through 1.E.7 or obtain permission for the use of the work and the +Project Gutenberg-tm trademark as set forth in paragraphs 1.E.8 or +1.E.9. + +1.E.3. If an individual Project Gutenberg-tm electronic work is posted +with the permission of the copyright holder, your use and distribution +must comply with both paragraphs 1.E.1 through 1.E.7 and any additional +terms imposed by the copyright holder. Additional terms will be linked +to the Project Gutenberg-tm License for all works posted with the +permission of the copyright holder found at the beginning of this work. + +1.E.4. Do not unlink or detach or remove the full Project Gutenberg-tm +License terms from this work, or any files containing a part of this +work or any other work associated with Project Gutenberg-tm. + +1.E.5. Do not copy, display, perform, distribute or redistribute this +electronic work, or any part of this electronic work, without +prominently displaying the sentence set forth in paragraph 1.E.1 with +active links or immediate access to the full terms of the Project +Gutenberg-tm License. + +1.E.6. You may convert to and distribute this work in any binary, +compressed, marked up, nonproprietary or proprietary form, including any +word processing or hypertext form. However, if you provide access to or +distribute copies of a Project Gutenberg-tm work in a format other than +"Plain Vanilla ASCII" or other format used in the official version +posted on the official Project Gutenberg-tm web site (www.gutenberg.org), +you must, at no additional cost, fee or expense to the user, provide a +copy, a means of exporting a copy, or a means of obtaining a copy upon +request, of the work in its original "Plain Vanilla ASCII" or other +form. Any alternate format must include the full Project Gutenberg-tm +License as specified in paragraph 1.E.1. + +1.E.7. Do not charge a fee for access to, viewing, displaying, +performing, copying or distributing any Project Gutenberg-tm works +unless you comply with paragraph 1.E.8 or 1.E.9. + +1.E.8. You may charge a reasonable fee for copies of or providing +access to or distributing Project Gutenberg-tm electronic works provided +that + +- You pay a royalty fee of 20% of the gross profits you derive from + the use of Project Gutenberg-tm works calculated using the method + you already use to calculate your applicable taxes. The fee is + owed to the owner of the Project Gutenberg-tm trademark, but he + has agreed to donate royalties under this paragraph to the + Project Gutenberg Literary Archive Foundation. Royalty payments + must be paid within 60 days following each date on which you + prepare (or are legally required to prepare) your periodic tax + returns. Royalty payments should be clearly marked as such and + sent to the Project Gutenberg Literary Archive Foundation at the + address specified in Section 4, "Information about donations to + the Project Gutenberg Literary Archive Foundation." + +- You provide a full refund of any money paid by a user who notifies + you in writing (or by e-mail) within 30 days of receipt that s/he + does not agree to the terms of the full Project Gutenberg-tm + License. You must require such a user to return or + destroy all copies of the works possessed in a physical medium + and discontinue all use of and all access to other copies of + Project Gutenberg-tm works. + +- You provide, in accordance with paragraph 1.F.3, a full refund of any + money paid for a work or a replacement copy, if a defect in the + electronic work is discovered and reported to you within 90 days + of receipt of the work. + +- You comply with all other terms of this agreement for free + distribution of Project Gutenberg-tm works. + +1.E.9. If you wish to charge a fee or distribute a Project Gutenberg-tm +electronic work or group of works on different terms than are set +forth in this agreement, you must obtain permission in writing from +both the Project Gutenberg Literary Archive Foundation and Michael +Hart, the owner of the Project Gutenberg-tm trademark. Contact the +Foundation as set forth in Section 3 below. + +1.F. + +1.F.1. Project Gutenberg volunteers and employees expend considerable +effort to identify, do copyright research on, transcribe and proofread +public domain works in creating the Project Gutenberg-tm +collection. Despite these efforts, Project Gutenberg-tm electronic +works, and the medium on which they may be stored, may contain +"Defects," such as, but not limited to, incomplete, inaccurate or +corrupt data, transcription errors, a copyright or other intellectual +property infringement, a defective or damaged disk or other medium, a +computer virus, or computer codes that damage or cannot be read by +your equipment. + +1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the "Right +of Replacement or Refund" described in paragraph 1.F.3, the Project +Gutenberg Literary Archive Foundation, the owner of the Project +Gutenberg-tm trademark, and any other party distributing a Project +Gutenberg-tm electronic work under this agreement, disclaim all +liability to you for damages, costs and expenses, including legal +fees. YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT +LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE +PROVIDED IN PARAGRAPH 1.F.3. YOU AGREE THAT THE FOUNDATION, THE +TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE +LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR +INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH +DAMAGE. + +1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a +defect in this electronic work within 90 days of receiving it, you can +receive a refund of the money (if any) you paid for it by sending a +written explanation to the person you received the work from. If you +received the work on a physical medium, you must return the medium with +your written explanation. The person or entity that provided you with +the defective work may elect to provide a replacement copy in lieu of a +refund. If you received the work electronically, the person or entity +providing it to you may choose to give you a second opportunity to +receive the work electronically in lieu of a refund. If the second copy +is also defective, you may demand a refund in writing without further +opportunities to fix the problem. + +1.F.4. Except for the limited right of replacement or refund set forth +in paragraph 1.F.3, this work is provided to you 'AS-IS' WITH NO OTHER +WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO +WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR ANY PURPOSE. + +1.F.5. Some states do not allow disclaimers of certain implied +warranties or the exclusion or limitation of certain types of damages. +If any disclaimer or limitation set forth in this agreement violates the +law of the state applicable to this agreement, the agreement shall be +interpreted to make the maximum disclaimer or limitation permitted by +the applicable state law. The invalidity or unenforceability of any +provision of this agreement shall not void the remaining provisions. + +1.F.6. INDEMNITY - You agree to indemnify and hold the Foundation, the +trademark owner, any agent or employee of the Foundation, anyone +providing copies of Project Gutenberg-tm electronic works in accordance +with this agreement, and any volunteers associated with the production, +promotion and distribution of Project Gutenberg-tm electronic works, +harmless from all liability, costs and expenses, including legal fees, +that arise directly or indirectly from any of the following which you do +or cause to occur: (a) distribution of this or any Project Gutenberg-tm +work, (b) alteration, modification, or additions or deletions to any +Project Gutenberg-tm work, and (c) any Defect you cause. + + +Section 2. Information about the Mission of Project Gutenberg-tm + +Project Gutenberg-tm is synonymous with the free distribution of +electronic works in formats readable by the widest variety of computers +including obsolete, old, middle-aged and new computers. It exists +because of the efforts of hundreds of volunteers and donations from +people in all walks of life. + +Volunteers and financial support to provide volunteers with the +assistance they need are critical to reaching Project Gutenberg-tm's +goals and ensuring that the Project Gutenberg-tm collection will +remain freely available for generations to come. In 2001, the Project +Gutenberg Literary Archive Foundation was created to provide a secure +and permanent future for Project Gutenberg-tm and future generations. +To learn more about the Project Gutenberg Literary Archive Foundation +and how your efforts and donations can help, see Sections 3 and 4 +and the Foundation web page at https://www.pglaf.org. + + +Section 3. Information about the Project Gutenberg Literary Archive +Foundation + +The Project Gutenberg Literary Archive Foundation is a non profit +501(c)(3) educational corporation organized under the laws of the +state of Mississippi and granted tax exempt status by the Internal +Revenue Service. The Foundation's EIN or federal tax identification +number is 64-6221541. Its 501(c)(3) letter is posted at +https://pglaf.org/fundraising. Contributions to the Project Gutenberg +Literary Archive Foundation are tax deductible to the full extent +permitted by U.S. federal laws and your state's laws. + +The Foundation's principal office is located at 4557 Melan Dr. S. +Fairbanks, AK, 99712., but its volunteers and employees are scattered +throughout numerous locations. Its business office is located at +809 North 1500 West, Salt Lake City, UT 84116, (801) 596-1887, email +business@pglaf.org. Email contact links and up to date contact +information can be found at the Foundation's web site and official +page at https://pglaf.org + +For additional contact information: + Dr. Gregory B. Newby + Chief Executive and Director + gbnewby@pglaf.org + + +Section 4. Information about Donations to the Project Gutenberg +Literary Archive Foundation + +Project Gutenberg-tm depends upon and cannot survive without wide +spread public support and donations to carry out its mission of +increasing the number of public domain and licensed works that can be +freely distributed in machine readable form accessible by the widest +array of equipment including outdated equipment. Many small donations +($1 to $5,000) are particularly important to maintaining tax exempt +status with the IRS. + +The Foundation is committed to complying with the laws regulating +charities and charitable donations in all 50 states of the United +States. Compliance requirements are not uniform and it takes a +considerable effort, much paperwork and many fees to meet and keep up +with these requirements. We do not solicit donations in locations +where we have not received written confirmation of compliance. To +SEND DONATIONS or determine the status of compliance for any +particular state visit https://pglaf.org + +While we cannot and do not solicit contributions from states where we +have not met the solicitation requirements, we know of no prohibition +against accepting unsolicited donations from donors in such states who +approach us with offers to donate. + +International donations are gratefully accepted, but we cannot make +any statements concerning tax treatment of donations received from +outside the United States. U.S. laws alone swamp our small staff. + +Please check the Project Gutenberg Web pages for current donation +methods and addresses. Donations are accepted in a number of other +ways including including checks, online payments and credit card +donations. To donate, please visit: https://pglaf.org/donate + + +Section 5. General Information About Project Gutenberg-tm electronic +works. + +Professor Michael S. Hart was the originator of the Project Gutenberg-tm +concept of a library of electronic works that could be freely shared +with anyone. For thirty years, he produced and distributed Project +Gutenberg-tm eBooks with only a loose network of volunteer support. + + +Project Gutenberg-tm eBooks are often created from several printed +editions, all of which are confirmed as Public Domain in the U.S. +unless a copyright notice is included. Thus, we do not necessarily +keep eBooks in compliance with any particular paper edition. + + +Most people start at our Web site which has the main PG search facility: + + https://www.gutenberg.org + +This Web site includes information about Project Gutenberg-tm, +including how to make donations to the Project Gutenberg Literary +Archive Foundation, how to help produce our new eBooks, and how to +subscribe to our email newsletter to hear about new eBooks. diff --git a/36854.zip b/36854.zip Binary files differnew file mode 100644 index 0000000..3a0e171 --- /dev/null +++ b/36854.zip diff --git a/LICENSE.txt b/LICENSE.txt new file mode 100644 index 0000000..6312041 --- /dev/null +++ b/LICENSE.txt @@ -0,0 +1,11 @@ +This eBook, including all associated images, markup, improvements, +metadata, and any other content or labor, has been confirmed to be +in the PUBLIC DOMAIN IN THE UNITED STATES. + +Procedures for determining public domain status are described in +the "Copyright How-To" at https://www.gutenberg.org. + +No investigation has been made concerning possible copyrights in +jurisdictions other than the United States. Anyone seeking to utilize +this eBook outside of the United States should confirm copyright +status under the laws that apply to them. diff --git a/README.md b/README.md new file mode 100644 index 0000000..846a5db --- /dev/null +++ b/README.md @@ -0,0 +1,2 @@ +Project Gutenberg (https://www.gutenberg.org) public repository for +eBook #36854 (https://www.gutenberg.org/ebooks/36854) |