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Franzos Karl Emil
The Chief Justice: A Novel

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?"