The Chief Justice. Karl Emil Franzos

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СКАЧАТЬ 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.

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      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 СКАЧАТЬ