Freaks of Fanaticism, and Other Strange Events

Whilst this confession was being taken down, however, he again hesitated, broke down, and denied having sold them to Kaltofen, or any one else. "I can't say anything more," he cried out; "my head is dazed."

By this statement he remained, protesting his innocence, and he declared that he had only confessed his guilt because he was afraid of ill-treatment in the prison if he continued to assert his innocence. It must be remembered that the gaolers were as convinced of his guilt as were the public of Dresden; and it is noticeable that under pressure from them Fischer always acknowledged his guilt; whereas, when before the magistrates he was ready to proclaim that he was innocent. At this time it was part of the duty of a gaoler, or was supposed to be such, to use every possible effort to bring a prisoner to confession. And now, on April 27th, a third gunner appeared on the scene. His name was Kiessling, and he asked the magistrate to take down his statement, which was to the effect that Kaltofen, who had been discharged, had admitted to him that he had murdered Kügelgen with a cudgel, and that he had still got some of his garments hidden in his lodgings. But – so said Kiessling – Kaltofen had jauntily said he would lay it all on Fischer. Kiessling, moreover, produced a pair of boots, that he said Kaltofen had left with him to be re-soled, as he was regimental shoemaker. And these boots were at once recognised as having been those worn by Kügelgen when he was murdered.

Kaltofen was at once re-arrested, and brought into confrontation with Kiessling. He retained his composure, and said that it was quite true that he had given a pair of boots to Kiessling to re-sole, but they were a pair that he had bought in the market. But, in the meantime, another investigation of his lodgings had been made, and a number of articles found that had certainly belonged to the murdered men, Winter and Kügelgen. They were ranged on the table, together with the pair of boots confided to Kiessling, and Kaltofen was shown them. Hitherto, the young man had displayed phlegmatic composure, and an openness of manner that had impressed all who saw him in his favour. His intelligence, had, moreover, contrasted favourably with that of Fischer. But the sight of all these articles, produced before him, staggered Kaltofen, and, losing his presence of mind, he turned in a fury upon his comrade, the shoemaker, and swore at him for having betrayed his confidence. Only after he had poured forth a torrent of abuse, could the magistrate bring him to say anything about the charge, and then – still hot and panting from his onslaught on Kiessling – he admitted that he, not Fischer, was the murderer in both cases. Fischer, he said, was wholly innocent, not only of participation in, but of knowledge of the crimes. The summary of his confession, oft repeated and never withdrawn, was as follows: – Being in need of money, he had gone outside the town thrice in one week, at the end of December, 1819, with the intent of murdering and robbing the first person he could attack with security. For this purpose, he had provided himself with a cudgel under his cloak. On the 29th December he selected Winter as his first victim. He allowed him to pass, then stole after him, and suddenly dealt him a blow on the back of his head, before the young man turned to see who was following him. Winter dropped, whereupon he, Kaltofen, had struck him twice again on the head. Then he divested his victim of collar, coat, hat, kerchief, watch, and a little money – not more than four shillings in English coins, and a few tools. He was engaged on pulling off his boots and trousers, when he was alarmed by hearing the tramp of horses and the sound of wheels, and he ran off across the fields with his spoil. He got Kiessling to dispose of the hat for him, the other articles he himself sold to Jews. Whether it was he also who assaulted the poor woman we are not informed. In like manner Kaltofen proceeded with Kügelgen. He was again in want of money. He had been gambling, and had lost what little he had. On the Monday in Holy Week, 1820, he took his cudgel again and went out along the Bautzen Road. The moon shone brightly, and he met a gentleman walking slowly towards Dresden, in a blue cloak. He allowed him to pass, then followed him. As a woman was walking in the same direction, but at a quicker rate, he delayed his purpose till she had disappeared behind the first houses of the suburb. Then he hastened on, walking lightly, and springing up behind Kügelgen, struck him on the right temple with his cudgel from behind. Kügelgen fell without uttering a cry. Kaltofen at once seized him by the collar and dragged him across a field to the edge of the river. There he dealt him several additional blows, and then proceeded to strip him. Whilst thus engaged, he remembered that the dead man had dropped his walking-stick on the high road when first struck. Kaltofen at once desisted from what he was about, to return to the road and recover the walking-stick. On coming back to his victim, he thought there was still life in him; Kügelgen was moving and endeavouring to rise. Whereupon, with his cudgel, Kaltofen repeatedly struck him, till all signs of life disappeared. He now completed his work of spoliation, pulled off the boots, untied the neckerchief, and ransacked the pockets. He found in addition to the watch the sum of about half-a-guinea. He then stole away among the rushes till he reached the Linkes Bad, where he returned to the main road. He concealed the cloak at the Black Gate, but carried the rest of his plunder to his lodgings.

His confession was confirmed by several circumstances. Kiessling was again required to repeat what he had heard from Kaltofen, and the story as told by him agreed exactly with that now confessed by the murderer. Kiessling added that Kaltofen had told him he was puzzled to account for Fischer's self-examination, as he knew that the man had nothing to do with the murder. A third examination of Kaltofen's lodgings resulted in the discovery of all the rest of the murdered man's effects. Moreover, when Kaltofen was confronted with the two Jews who had taken the silver watch on the 24th, they immediately recognised him as the man who had disposed of it to them.

Finally, he confessed to having been associated with Kiessling in two robberies, one of which was a burglarious attack on his own master.

The case was made out clearly enough against Kaltofen, and it seemed equally clear that Fischer was innocent. Moreover, from the 24th April onwards, Fischer never swerved from his protestation of complete innocence. When questioned why he had confessed himself guilty, he said that he had been pressed to do so by the gaoler, who had several times fastened him for a whole night into the stocks, and had threatened him with severer measures unless he admitted his guilt. The gaoler admitted having so treated Fischer once, but Fischer insisted that he had been thus tortured on two consecutive nights.

It was ascertained that Fischer had not only known about the murder of Kügelgen, but had attended his funeral, and yet he had pretended entire, or almost entire, ignorance when first arrested. When asked to explain this, he replied that he was so frightened that he took refuge in lies. That he was a dull-minded, extremely ignorant man, was obvious to the judges and to all who had to do with him; he was aged thirty, and had spent thirteen years in the army, had conducted himself well, but had never been trusted with any important duties on account of his stupidity. He had a dull eye, and a heavy countenance. Kaltofen, on the other hand, was a good-looking, well-built young fellow, of twenty-four, with a bright, intelligent face; his education was above what was ordinary in his class. It was precisely this that had excited in him vanity, and craving for pleasures and amusements which he could not afford. His obliging manners, his trimness, and cheerfulness, had made him a favourite with the officers.

As already intimated, he was fond of play, and it was this that had induced him to commit his murders. He admitted that he had felt little or no compunction, and he said frankly that it was as well for society that he was taken, otherwise the death of Kügelgen would have been followed by others. He spoke of the crimes he had committed with openness and indifference, and maintained this condition of callousness to the end. It seems to have been customary on several occasions for the Lutheran pastors who attended the last hours of criminals to publish their opinions as to the manner in which they prepared for death, and their ideas as to the motives for the crimes committed, an eminently indecent proceeding to our notions. In this case, the chaplain who attended on Kaltofen rushed into the priest after the execution. He said, "Play may have occasioned that want of feeling which will commit the most atrocious crime, without compunction, for the gratification of a temporary requirement. Kaltofen, without being rude and rough towards his fellows, but on the contrary obliging and courteous, came to regard them with brutal indifference." Only twice did he feel any twinge of conscience, he said, once before his first murder, and again at the funeral of his second victim, which he attended. The criminal was now known, had confessed, and had confessed that he had no accomplice. Moreover, he declared that Fischer was wholly innocent. Not a single particle of evidence was forthcoming to incriminate Fischer, apart from his own retracted confessions. Nevertheless he was not liberated.

The police could not believe that Kaltofen had been without an accomplice. There were stabs in the face and body of Kügelgen, and Kaltofen had professed to have used no other weapon than a cudgel. The murderer said that he had dragged the body over the field to the rushes, and it was agreed that there must have been evidence of this dragging. Some witnesses had, indeed, said they had seen such, but others protested that there were footprints as of two men. This, however, could be explained by Kaltofen's admission that he had gone back to the road for the walking-stick.

Then, again, Fischer, when interrogated, had given particulars which agreed with the circumstances in a remarkable manner. He was asked to explain this. "Well," said he, "he had heard a good deal of talk about the murders, and he was miserable at the thought of spending long years in prison, and so had confessed." When asked how he knew the particulars of the murder of Winter, he said that he had been helped to it by the gaoler. He had said first, "I went to his left side" – whereupon the gaoler had said, "Surely you are wrong, it was on the right," thereat Fischer had corrected himself and said, "Yes, of course – on the right."

The case was now ready for final sentence, and for this purpose all the depositions were forwarded on September 12th to the Judicial Court at Leipzig. But, before judgment was pronounced, the depositions were hastily sent for back to Dresden – for, in the meantime, the case had passed into a new phase. On October 5th, the gaoler – the same man who had brought about the confession of Fischer – announced that Kaltofen had confided to him that Fischer really had been his accomplice in both the murders. Kaltofen at once was summoned before the magistrate, and he calmly, and with emphasis, declared that Fischer had assisted him on both occasions, and that he had not allowed this before, because he and Fischer had sworn that neither would betray the other. Fischer had never mentioned his name, and he had accordingly done his utmost to exculpate Fischer.

According to his account, he and Fischer had been walking together on the morning of March 26th, between 9 and 10, when they planned a murder together for the following day. However, there was rebutting evidence to the effect that on the morning in question Fischer had been on guard, at the hour named, before the powder magazine; he had not been released till noon. Other statements of Kaltofen proved to be equally untrue.

What could have induced Kaltofen to deliberately charge a comrade in arms with participation in the crime, if he were guiltless? There was no apparent motive. He could gain no reprieve by it. It did not greatly diminish his own guilt.

It was necessary to enter into as close investigation as was possible into the whereabouts of Fischer at the time of the two murders. It was not found possible to determine where he was at the time when Winter was killed, but some of his comrades swore that on March 27th he had been present at the roll-call at 6 p.m., and had come into barrack before the second roll-call at half-past eight. The murder of Kügelgen had taken place at eight o'clock, and the distance between the barrack and the spot where it had been committed was 3487 paces, which would take a man about 25 minutes to traverse. If, as his comrades asserted, Fischer had come in shortly after eight, then it was quite impossible that he could have been present when Kügelgen was murdered; but not great reliance can be placed on the testimony of soldiers as to the hour at which a comrade came into barrack just seven months before on a given day.

The case was perplexing. The counsel for Fischer – his name was Eisenstück – took a bold line of defence. He charged the gaoler with having manipulated Kaltofen, as he had Fischer. This gaoler's self-esteem was wounded by the discovery that Kaltofen and not Fischer was the murderer, and his credit was damaged by the proceedings which showed that he had goaded an unhappy man, confided to his care, into charging himself with a crime he had never committed. Eisenstück asserted that this new charge was fabricated in the prison by the gaoler in concert with Kaltofen for his own justification. But, whatever may be thought of the character and conduct of this turnkey, it is difficult to understand how he could prevail on a cool-headed man like Kaltofen thus to take on himself the additional guilt of perjury, and such perjury as risked the life of an innocent man. Kaltofen never withdrew this assertion that Fischer was an accomplice. He persisted in it to his last breath.

The depositions were again sent to the faculty at Leipzig, on Dec. 18th, to give judgment on the following points.

1. The examination of the body of Kügelgen had revealed stabs made with a sharp, two-edged instrument, as well as blows dealt by a blunt weapon. Kaltofen would admit that he had used no other instrument than a cudgel.

2. It would have been a difficult matter for one man to drag a dead body from the road to the bed of rushes, without leaving unmistakable traces on the field traversed; and such were not, for certain, found. It was therefore more probable that the dead man had been carried by two persons to the place where found.

It must be observed that crowds poured out of Dresden to see the place where the body lay as soon as it was known that Kügelgen had been discovered, and consequently no accurate and early examination of tracks across the field had been made.

3. That it would have been difficult for Kaltofen alone to strip the body. This may be doubted; it would be difficult possibly, but not impossible, whilst the body was flexible.

4. A witness had said that she had met two men outside the Black Gate on the evening of the 27th March, of whom one was wrapped in a cloak and seemed to be carrying something under it. We should much like to know when the woman gave this evidence. Unfortunately, that is what is not told us.

5. Kaltofen, in a letter to his parents, had stated that he had an accomplice, but had not named him.

These were the points that made it appear that Kaltofen had an accomplice. An accomplice in some of his crimes he had – Kiessling.

There were other points that made it appear that Fischer had assisted him in the murders.

6. Fischer's denial that he knew anything about the murder of Kügelgen when he was arrested, whereas it was established that he had attended the funeral of the murdered man.

7. His repeated confessions that he had assisted at the murders, and his acquaintance with the particulars and with the localities.

8. Kaltofen's asseverations that Fischer was his associate in the murders.

In favour of Fischer it may be said that his conduct in the army had for thirteen years been uniformly good, and there was no evidence that he had been in any way guilty of dishonesty. Nor was he a man of extravagant habits like Kaltofen, needing money for his pleasures. He was a simple, inoffensive, and very stupid man. His confessions lose all their effect when we consider how they were extorted from him by undue influence.

Against Kaltofen's later accusation must be set his repeated declaration, during six months, that Fischer was innocent. Not only this, but his assertion in confidence to Kiessling that he was puzzled what could have induced Fischer to avow himself guilty of a crime, of which he – Kaltofen – knew him to be innocent. When Kiessling gave this evidence on April 24th, Kaltofen did not deny that he had said this, but flew into a paroxysm of fury with his comrade for betraying their private conversation.

Again, not a single article appertaining to either of the murdered men was found with Fischer. All had been traced, without exception, to Kaltofen. It was the latter who had concealed Kügelgen's coat, and had given his watch to the Jews. It was he who had got Kiessling to dispose of Winter's hat for him, and had given the boots of the last victim to Kiessling to be repaired.

On January 4th, 1821, the Court at Leipzig issued its judgment; that Kaltofen, on account of two murders committed and confessed, was to be put to death on the wheel; "but that John George Fischer be discharged on account of lack of evidence of complicity in the murders." The gaoler was discharged his office.

Kaltofen appealed against the sentence, but in vain. The sentence was confirmed. The ground of his appeal was, that he was not alone guilty. The King commuted the penalty of the wheel into execution by the sword.

The sentence of the court produced the liveliest commotion in Dresden. The feeling against Fischer was strong and general; the gaoler had but represented the universal opinion. Fischer – who had confessed to the murder – Fischer, whom Kaltofen protested was as deeply stained in crime as himself, was to go scot free. The police authorities did not carry out the sentence of discharge in its integrity; they indeed released him from prison, but placed him under police supervision, and he was discharged from the Artillery on the plea that he had forsworn himself. The pastor Jaspis was entrusted with the preparation of Kaltofen for death; and we know pretty well what passed between him and the condemned man, as he had the indecency to publish it to the world. Jaspis had, indeed, visited him in prison when he was first arrested, and then Kaltofen had asserted that he had committed the murders entirely unassisted. On Jaspis remarking to him in April, 1820, that there were circumstances that rendered this eminently improbable, Kaltofen cut him short with the answer, "I was by myself." Afterwards, when he had changed his note, Jaspis reminded him of his previous declaration, but Kaltofen pretended not to remember ever having made it.

Towards the end of his days, Kaltofen was profoundly agitated, and was very restless. When Jaspis gave him a book of prayers and meditations for such as were in trouble, he put it from him, and said the book was unsuitable, and was adapted only to the innocent. He had visitors who combined piety with inquisitiveness, and came to discuss with him the state of his soul. Kaltofen's vanity was inflamed, and he was delighted to pose before these zealots. When he heard that Jaspis had preached about him in the Kreuz Kirche on the Sunday before his execution, he was greatly gratified, and said, "He would really like to hear what had been said about him."

Jaspis thereupon produced his sermon, and read it over to the wretched man – but tells us that even the most touching portions of the address failed to awake any genuine compunction in his soul. Unless he could play the saint, before company, he was cold and indifferent. His great vanity, however, was hurt at the thought that his assertion was disbelieved, that Fischer was his associate in his crimes. He was always eager and inquisitive to know what rumours circulated in the town concerning him, and was gratified to think that he was the topic of the general conversation.

On the night before his execution he slept soundly for five hours, and then lit his pipe and smoked composedly. His condition was, however, not one of bluntness of sense, for he manifested considerable readiness and consciousness up to the last. He had drawn up a dying address which he handed to pastor Jaspis, and on which he evidently placed great importance, as when his first copy had caught fire when he was drying it, he set to work to compose a second. He knew his man – Jaspis – and was sure he would publish it after the execution. The paper was a rigmarole in which he posed to the world.

On reaching the market-place where the execution was to take place, he repeated his confession, but on this occasion without mention of a confederate. His composure gave way, and he began to sob. On reaching the scaffold, however, the sight of the vast crowd assembled to see him die restored to him some of his composure, as it pleased his vanity; but he again broke down, as he made his last confession to the Lutheran pastor. His voice trembled, and the sweat broke out on his brow. Then he sprang up and shouted, so that all could hear – "Gentlemen, Fischer deserved the same punishment as myself." In another moment his head fell from his body.

The words had been audible throughout the market-place by everyone. Who could doubt that his last words were true?

Fischer happened that very day (July 12th) to be in Dresden. He had been seen, and had been recognised.

He had come to Dresden to see his counsel, and ask him to use his influence to obtain his complete discharge from police supervision, and restoration to his rights as an honest man and a soldier, with a claim to a pension.

A vast crowd of people rolled from the place of execution to the house of Eisenstück, shouting, and threatening to tear Fischer to pieces.

But Eisenstück was not the man to be terrified. He summoned a carriage, entered it along with Fischer, and drove slowly, with the utmost composure, through the angry crowd.

On August 26th, 1822, by command of the king, Fischer's name was replaced in the army list, and he received his complete discharge from all the consequences of the accusations made against him. He was guaranteed his pension for his "faithful services through 16 years, and in the campaigns of 1813, 1814, and 1815, in which he had conducted himself to the approval of all his officers."

How are we to explain the conduct of Kaltofen? The simplest way is to admit that he spoke the truth; but against this is to be opposed his denial that Fischer was guilty during the first six months that he was under arrest. And it is impossible to believe that Fischer was guilty, on the sole testimony of Kaltofen, without any confirmatory evidence.

It is rather to be supposed that the inordinate vanity of the young culprit induced him to persist in denouncing his innocent brother gunner, so as to throw off his own shoulders some of the burden of that crime, which, he felt, made him hateful in the eyes of his fellow-citizens, and perhaps to induce them to regard him as misled by an older man, more hardened and experienced in crime, thus arousing their pity and sympathy in place of their disgust.

Jaspis, the pastor, did not himself believe in the criminality of Fischer, and proposes a solution which he gives conjecturally only. He suggests that Kaltofen was misled by the confession of Fischer into the belief that he really had committed a murder or two, though not those of Winter and Kügelgen, and that when he declared on the scaffold that "Fischer deserved to die as much as himself," he spoke under this conviction. This explanation is untenable, for the miserable man had repeatedly charged Fischer with assisting him in committing these two particular crimes. The explanation must be found in his self-conceit and eagerness to present himself in the best and most affecting light before the public. And he gained his point to some extent. The mob believed him, pitied him, became sentimental over him, wept tears at his death, and cursed the unfortunate Fischer. The apparent piety, the mock heroics, the graceful attitudes, and the good looks of the murderer had won their sympathies, and the general opinion of the vulgar was that they had assisted at the sublimation of a saint to the seventh heaven, and not at the well-deserved execution of a peculiarly heartless and brutal murderer.