The Chief Justice: A Novel

"Great Heavens!" cried Berger. "Why, we have forgotten all about that." And indeed those stormy days and the succeeding weeks of silent, anxious suffering had hardly allowed him to think of Sendlingen's impending promotion and departure.

"I have not," replied Sendlingen, gloomily. "The thought that I had to go, has often enough weighed me down more heavily than all my other burdens. How gladly I would stay here now, even if they degraded me to-to the post of Governor of the prison! But I have now no option. I have definitely accepted the position at Pfalicz and I must enter upon it."

"And do you really think of departing at the New Year?"

"No, that would be beyond my duty. I should be glad to oblige the invalid, but as you know, I cannot. I shall stay till the end of February; the decision must have come by that time."

He again bent over a document that lay before him. Berger too, was silent, he went to the window and stared out into the grey dusk; it seemed as if the snow-storm would never cease.

There was a knock at the door; a clerk of the Court of Record entered. "From the Supreme Court," he announced, laying a packet with a large seal on the table. "It has just arrived. Personally addressed to your lordship."

The clerk departed; Berger approached the table. When he saw how excited Sendlingen was, how long he remained gazing at the letter, he shook his head. "That cannot be the decision," he said. "It would not be addressed to you. It is some indifferent matter, a question of discipline, a pension."

Sendlingen nodded and broke the seal. But at the first glance a deathly pallor overspread his face, and the paper in his hands trembled so violently that he had to lay it on the table in order to read it to the end. "Read for yourself," he then muttered.

Berger glanced through the paper; he too felt his heart beat impetuously as he did so. It was certainly not the decision, only a brief charge, but its contents were almost equivalent to it.

The lawyers examining the appeal had, as Berger hoped, been struck by Baron Dernegg's dissentient vote and the motives for this. Dernegg was not of the opinion of his brother judges that this was a case of premeditated murder, maliciously planned months beforehand, but a deed done suddenly, in a paroxysm of despair, nay, most probably in a moment when the girl was not accountable for her actions. Against this more clement view, there certainly were the depositions of the Countess, and Victorine's attempts to conceal her condition. But on the other hand, her only confidante, the servant-girl, had deposed at the preliminary inquiry that Victorine had only made these attempts by her advice and with her help, and, moreover, with the sole object of staying in the house until the young Count should come to her aid. This testimony, however, she had withdrawn at the trial. Berger had chiefly based his appeal to nullify the trial, on the fact that the witness, in spite of this contradiction, had been put on her oath, and to the examining lawyer, also, this seemed a point of decisive importance. The Chief Justice was, therefore, commissioned to completely elucidate it by a fresh examination of the witness. Probably the charge had been directed to him personally because, as it stated, neither Herr von Werner nor any of the other judges who had been in favour of putting her on oath, could very well be entrusted with the inquiry. But if Sendlingen were actually too busy with other matters to conduct the examination, he might hand it over to the third Judge, Herr von Hoche.

"What will you do?" asked Berger. "The matter is of the gravest importance. That the girl gave false evidence at the trial, that this was her return for being taken back into the Countess' service, we know for a certainty. The only question is whether we can convict her of it. An energetic Judge could without doubt do so, but will old Hoche, now over seventy, succeed? He is a good man, but his years weigh heavily upon him, he is dragging himself through his duties till the date of his retirement-four weeks hence-I fancy as best he can. And therefore once again-what will you do, Victor?"

"I don't know," he murmured. "Leave me alone. I must think it out by myself. Forgive me! my conscience alone can decide in such a matter. Good-bye till this evening, George."

Berger departed; his heart was as heavy as ever it had been. In the first ebullition of feeling, moved by his pity for these two beings, he had wished to compel his friend to undertake the inquiry, but now he had scruples. Was not the position the same as on the day of the trial? And if he then approved of his friend's resolution not to preside, could he now urge him to undertake a similar task? Certainly the conflict was now more acute, more painfully accentuated, but was Sendlingen's duty as a Judge any the less on that account? Again the thought rose in Berger's mind which a few weeks ago had comforted him and lifted him above the misery of the moment: that there was a solution of these complications, a great, a liberating solution-there must be, just because this man was what he was! But even now he did not know how to find this solution; one thing only was clear to him: if Sendlingen undertook the inquiry and thus saved his child, it would be an act for which there would be all manner of excuses but it would assuredly not be that great, saving act of which he dreamt! And yet if Hoche in his weakness ruined the case and did not bring the truth to light, if she perhaps had to die now that she had begun to hope again, now that she had waked to a new life … Berger closed his eyes as if to shut out the terrible picture that obtruded itself upon him, and yet it rose again and again.

At dusk, just as he was starting to his friend's, Fräulein Brigitta called to see him.

"I am to tell you," she began, "that his Lordship wants you to postpone your visit until to-morrow. But it is not on that account that I have come, but because I am oppressed with anxiety. Has the decision arrived? He is as much upset again as he was on the day of the trial."

Berger comforted her as well as he could. "It is only a momentary excitement," he assured her, "and will soon pass."

"I only thought so because he is behaving just as he did then. It is a singular thing; he has been rummaging for those keys again. You know, – the one that opens the little door in the court-yard wall. I came in just in the nick of time to see him take it out of his writing-table drawer. And just as before, it seemed to annoy him to be surprised in the act. – Isn't that strange?"

"Very strange!" he replied. But he added hastily: "It must have been a mere chance."

"Certainly, it can only have been a coincidence," he thought after Brigitta had gone, "it would be madness to impute such a thing to him, to him who was horrified at the idea of conducting the trial and equally at the thought of conducting this examination. And yet when he first seized upon that key, the idea must certainly have taken a momentary possession of him, and that it should have returned to him to-day, to-day of all days."

As he was the next day walking along the corridor that led to Sendlingen's chambers, he met Mr. Justice Hoche. The hoary old man, supporting himself with difficulty by the aid of a stick, was looking very testy.

"Only think," he grumbled, "what an odious task the Chief Justice has just laid upon me. It will interest you, you were Counsel for the defence in the case." And he told him of the charge at great length. "Well, what do you say to that? Isn't it odious?"

"It is a very serious undertaking!" said Berger. "The matter is one of the greatest importance."

"Yes, and just for that reason," grumbled the old man, almost whimpering. "I do not want to undertake any such responsibility, now, when merely thinking gives me a head-ache. I suffer a great deal from head-aches, Dr. Berger. And it is such a ticklish undertaking! For you see either the maid-servant told the truth at the trial, in which case this fresh examination is superfluous, or she lied and ergo was guilty of perjury and ergo is a very tricky female! And how am I ever to get to the bottom of a tricky female, Dr. Berger?"

"Did you tell the Chief Justice this?" asked Berger.

"Oh, of course! For half an hour I was telling him about my condition and how I always get a head-ache now if I have to think. But he stuck to his point, 'you will have to undertake the matter: you must exert yourself!' Good Heavens! what power of exertion has one left at seventy years of age! Well, good morning, dear Dr. Berger! But it's odious-most odious!"

Berger looked after the old man as he painfully hobbled along: "And in such hands," he thought, "rests the fate of my two friends."

Under the weight of this thought, he had not the courage to face Sendlingen. He turned and went home in a melancholy mood.

When the next day towards noon, he was turning homewards after a trial at which he had been the defending barrister, he again met Mr. Justice Hoche, who was just leaving the building, in the portico of the Courts. The old gentleman was manifestly in a high state of contentment.

"Well," asked Berger, "is the witness here already? Have you begun the examination?"

"Begun? I have ended it!" chuckled the old man.

"And re bene gesta one is entitled to rest. I shall let the law take care of itself to-day and go home. I haven't even got a head-ache over it; certainly it didn't require any great effort of thought-I soon got at the truth."

"Indeed? – and what is the truth?"

"H'm! I don't suppose it will be particularly agreeable to you," laughed the old Judge, leaning confidentially on Berger's arm. "Though for the matter of that you may be quite indifferent about it: you have done your duty, your appeal was certainly splendidly drawn up, but what further interest can you have in this person? For she is a thoroughly good-for-nothing person, and that's why she is dying so young! What stories that servant-girl has told me about her, stories, my dear doctor, that an old barrack-wall would have blushed to hear. She was hardly seventeen years old when she came to the Countess', but already had a dozen intrigues on her record, and what things she told her confidante about them, and which were repeated to me to-day-why, it is a regular Decameron, my dear doctor, or more properly speaking: Boccaccio in comparison is a chaste Carthusian."

Berger violently drew his arm out of the old man's. "That's a lie!" he said between his teeth. "A scandalous calumny!"

The old Judge looked at him, quite put out of countenance. "Why, what an idea," he cried. "If it were not so, this servant-girl would be a tricky female."

"So she is."

"She is not! Oh, I know human nature. On the contrary, she is good-natured and stupid. No one could tell lies with such assurance, after having just been solemnly admonished to speak the truth. It is all incontestably true; all her adventures: and how from the first she had hatched a regular plot to corrupt the young Count. The crafty young person calculated in this way: if our liaison has consequences, I shall perhaps inveigle the young man into a marriage, and if I don't succeed I shall kill the child and look out for another place!"

"But just consider this one fact," cried Berger. "If this had actually been Victorine Lippert's plan she would certainly have reflected: if I can't force a marriage, I shall at least get a handsome maintenance! and in that case she would not have killed her child, but carefully have preserved its life."

The old Judge meditatively laid his finger on his nose. "Look here, Dr. Berger," he said importantly, "that is a very reasonable objection. But it has been adduced already, not by me, to tell the truth, but by my assistant, a very wise young man. But the witness was able to give a perfectly satisfactory explanation on the subject. To be sure, she only did so after repeated questions and in a hesitating and uncertain manner-the good, kind-hearted girl could with difficulty bring herself to add still more to the criminal's load, but at length she had to speak out. Thus we almost accidentally extracted a very important detail that proved to be of great importance in determining the case. It is a truly frightful story. Only fancy, this mere girl, this Victorine Lippert, has always had a sort of thirst for the murder of little children. She repeatedly said to the girl long before the deed, before the young Count came to the Castle at all: 'Strange! but whenever I see a little child, I always feel my hands twitching to strangle it.' Frightful-isn't it. Dr. Berger?"

"Frightful indeed!" cried Berger, "if you have believed this poorly-contrived story of the wretched, perjured woman-poorly-contrived, and invented in the necessity of the moment so as to meet the objection of your assistant, so as not to be caught in her net of lies, so as to render the Countess another considerable service."

"Really, you will not listen to reason," said the old man, now seriously annoyed. "I feel my head-ache coming on again. Do you mean to say that you accuse the Countess of conniving at perjury! A lady of the highest aristocracy! Excuse me, Dr. Berger-that is going too far! You are a liberal, a radical, I know, but that doesn't make every Countess a criminal. But if this is really your opinion of the witness, take out a summons for perjury at once!"

"It may come to that," replied Berger.

The old man shook his head. "Spare yourself the trouble," he said good-naturedly, "it will prove ineffectual, but you may certainly get yourself into great difficulties. Why expose yourself, for the sake of such an abandoned creature, to an action for libel on the part of the Countess and her servant? How abandoned she is, you have no suspicion! I have, thank Heaven, concealed the worst of all from you, and you shall not learn it at my hands. You may read for yourself in the minutes. I do not wish to make a scene in the street. I was so enjoying this fine afternoon, and you have quite spoilt my good humour. Well, good-bye. Dr. Berger, I will forgive you. You have allowed yourself to be carried away by your pity, but you are bestowing it upon an unworthy creature! The witness gave me the impression of being absolutely trustworthy, and I have stated so in the minutes! I considered myself bound in conscience to do so."

"Then you have a human life on your conscience!" Berger blurted out. He had not meant to say anything so harsh, but the words escaped him involuntarily.

The old man started and clasped his hands. His face twitched, and bright tears stood in his eyes.

"What have I done to you?" he moaned. "Why do you say such a horrible thing? Why do you upset me? I have always considered you a good man, and now you behave like this to me!"

Berger stepped up to him and offered his hand. "Forgive me," he said, "your intention is good and pure, I know. And just for that reason I implore you to reflect well before you let the minutes go out of your hands."

"That is already done. I have just handed them to the Chief Justice."

"And what did he say?"

"Nothing, what should he say? Certainly he too seemed to be put out about something, for when I was about to enter on a brief discourse, he dismissed me a little abruptly."

"But it is open to you to demand the minutes back, and examine the witness again. Keep a sterner eye upon her, and the contradictions in which she gets involved will certainly become evident to you. At her first examination she could only say the best things of Victorine Lippert, at the trial she had lost her memory, and now of a sudden nothing is too bad."

"Oh, you barristers!" cried the Judge. "How you twist everything! The kind-hearted creature wanted to save Victorine Lippert and pity moved her to lie at first: she has just openly and repentantly confessed that she did. But at the trial, before the Crucifix, before the Judges, her courage left her. She was silent, because like a good and chaste girl, she could not bring herself to speak before a crowd of people of all those repulsive details. You see, everything is explained. You are talking in vain."

"In vain!" Berger sighed profoundly. "Good-bye," he said turning to go.

But after he had gone a few steps, Hoche called after him. The old man's eyes were full of tears. "You are angry with me?" he said.

"No."

"Well, you have no reason to be angry, though I have-but I forgive you. By what you said you might easily have made me unhappy if the case had not been so clear. Certainly I am upset now. To-morrow is Christmas Eve; my children and grand-children will come and bring me presents, and I shall give them presents, and I shall think all the time: Hoche, what a frightful thing if you were a murderer! You will take back your words, won't you? I am no murderer, am I?"

Berger looked at the childish old man. "O tragicomedy of life!" he thought, but added aloud:

"No, Herr Hoche, you are no murderer."

In the evening he went to see Sendlingen and look over the minutes which he too had the right of disputing. He would have been disconsolate enough if he had not already known their contents; as it was the extraordinary tone of the document cheered him a little. The 'wise young man' was perhaps himself an author, or at least had certainly read a great many cheap novels; the style in which he had reproduced the servant girl's imaginations was, in the worst sense of the word "fine!" How this lessened the danger of the contents was shown especially, by that worst fact of all which Hoche could not bring himself to pronounce, and which was of such monstrous baseness that the faith of even the most vapid of judges must have been shaken in all the rest.

"That is quite harmless," said Berger. "More than that, these monstrous lies are just the one bit of luck in all our misfortunes."

"Certainly!" Sendlingen agreed. "But we must not count too much upon them. The examining judge may not believe everything, but he will certainly not discredit everything. It could not be expected after Hoche's enthusiastic advocacy of the witness' credibility."

"And yet these minutes must be sent off. Would it not be possible to hand over the inquiry to some one else?"

"Impossible, or I would have done so yesterday. Either I or Hoche-the charge of the Supreme Court is clear enough! And I could not do it! It seemed to me mean and cowardly, treacherous and paltry, to break my Judge's oath, trusting to the silence of the three people who beside me know the secret, trusting moreover never to have to undergo punishment for my offence. To this consideration it seemed to me that every other must give way."

Berger was silent. "Would it not be possible to take out a summons for perjury?" he resumed.

"No," cried Sendlingen, "it would be an utterly useless delay! Success in the present position of things is not to be hoped for."

Berger bowed his head.

"Then Justice will suffer once again," he said in deep distress. "I will not reproach you. When I put myself in your place-I cannot trust myself to say that I should have done the same. I only presume I should, but this one thing I do know, that in accordance with your whole nature you have acted rightly. Still, ever since the moment that I spoke to Hoche, I cannot silence a tormenting question. Ought fidelity to the Law be stronger than fidelity to Justice? You would not undertake the inquiry because a father may not take part in an examination conducted against his child, but were you justified in handing it over to a man who was no longer in a condition to find out the truth, to fulfil his duty? Has not justice suffered at your hands by your respect for the law, that justice, I mean, which speaks aloud in the heart of every man?"

Sendlingen was staring gloomily at the floor. Then he raised his eyes and looked his friend full in the face. The expression of his countenance, the tone of his voice became almost solemn.

"I have fought out for myself an answer to this question. I may not tell you what it is; but one thing I can solemnly swear: this outraged justice to which you refer will receive the expiation which is its due."

CHAPTER X

Christmas was past, New Year had come, the year 1853, one of the most melancholy that the Austrian Empire had ever known. The atmosphere was more charged than ever, coercion more and more severe, the confederacy between the authorities of Church and State closer and closer. Melancholy reports alarmed the minds of peaceful citizens: the Italian Provinces were in a state of ferment, a conspiracy was discovered in Hungary, and a secret league of the Slavs at Prague. How strong or how weak these occult endeavours against the authority and peace of the state might be, no one knew. One thing only was manifest: the severity with which they were treated; and perhaps in this severity lay the greatest danger of all. It was the old sad story that so often repeats itself in the life of nations, and was then appearing in a new shape; tyranny had called forth a counter-tyranny and this, in its turn, a fresh tyranny. The police had much to do everywhere, and in some districts the Courts of Justice too.

One of the greatest of the political investigations had, since Christmas 1852, devolved upon the Court at Bolosch. The middle classes of this manufacturing town were exclusively Germans, the working-classes principally Slavs. It was among these latter that the police believed they had discovered the traces of a highly treasonable movement. About thirty workmen were arrested and handed over to Justice. Sendlingen, assisted by Dernegg, personally conducted the investigation. He had made the same selection in all the political arrangements of the last few years, although he knew that any other would have been more acceptable to the authorities. Certainly neither he nor Dernegg were Liberals-much less Radicals-who sympathised with Revolution and Revolutionaries. On the contrary both these aristocrats had thoroughly conservative inclinations, at all events in that good sense of the word which was then and is now so little understood in Austria, and is so seldom given practical effect. They were, moreover, entirely honourable and independent judges. But there was a prejudice in those days against men of unyielding character, especially in the case of political trials. There was an opinion that "pedantry" was out of place where the interests of the state were at stake. Sendlingen, on the other hand, was convinced that a political investigation should not be conducted differently from any other, and it was precisely in this inquisition into the conduct of the workmen that he manifested the greatest zeal, but at the same time the most complete impartiality.

Divers reasons had determined him to devote all his energy to the case. The diversion of his thoughts from his own misery did him good: the ceaseless work deadened the painful suspense in which he was awaiting the decision from Vienna. Moreover his knowledge of men and things had predisposed him to believe that these poor rough fellows had not so much deserved punishment as pity, and after a few days he was convinced of the justice of this supposition.

These raftsmen and weavers and smiths who were all utterly ignorant, who had never been inside a school, who scarcely knew a prayer save the Lord's Prayer, who dragged on existence in cheerless wretchedness, were perhaps more justified in their mute impeachment of the body politic, than deserving of the accusations brought against them. They did not go to confession, they often sang songs that had stuck in their minds since 1848, and some of them had, in public houses and factories, delivered speeches on the injustice of the economy of the world and state as it was reflected in their unhappy brains. This was all; and this did not make them enemies of the State or of the Emperor. On the contrary, the record of their examination nearly always testified the opinion: "the only misfortune was that the young Emperor knew nothing of their condition, otherwise he would help them." Sendlingen's noble heart was contracted with pity, whenever he heard such utterances. And these men he was to convict of high treason! No! not an instant longer than was absolutely necessary should they remain away from their families and trades.

On the Feast of the Epiphany Sendlingen was sitting in his Chambers examining a raftsman, an elderly man of herculean build with a heavy, sullen face, covered with long straggling, iron-grey hair; Johannes Novyrok was his name. The police had indicated him as particularly dangerous, but he did not prove to be worse than the rest.