Franzos Karl Emil
The Chief Justice: A Novel
"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 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?'
"'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.