The Chief Justice: A Novel

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?"

"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."