The Chief Justice: A Novel

"Here I am," quickly answered Sendlingen rising.

"In the dark?" asked old Werner with astonishment. "I thought perhaps you had forgotten the appointment-it is five o'clock and the members of the Committee of Discipline are waiting for us. Has your indisposition perhaps returned?"

"No! I was merely sitting in deep thought and forgot to light the candles. Come, I am quite ready."

"Will you allow me a question?" asked Werner, stepping forward as far as the light which streamed in from the corridor. "In fact it is a request. The clerk told me that you had been asking to see the documents relating to to-morrow's trial. Would you perhaps like to preside at it?"

Sendlingen did not answer at once. "I am not posted up in the matter," he at length said with uncertain voice.

"The case is very simple and a glance at the deed of accusation would sufficiently inform you. In fact I took the liberty of asking this question in order to have the documents fetched at once from Herr Berger. I myself-hm, my daughter, the wife of the finance counsellor, is in fact expecting, as I just learn, tomorrow for the first time-hm, – a happy event. It is natural that I should none the less be at the disposal of the Court, but-hm, – trusting to your official goodnature-"

Sendlingen had supported himself firmly against the back of the chair. His pulses leapt and his voice trembled as he answered:

"I will take the case."

Then both the men started for the Court. When they came out into the full light of the corridor, Werner looked anxiously at his chief. "But indeed you are still very white!" he cried. "And your face has quite a strange expression. You appear to be seriously unwell, and I have just asked you-"

"It is nothing!" interrupted Sendlingen impatiently. "Whom does our present transaction relate to?"

"You will be sorry to hear of it," was the answer, "I know that you too had the best opinion of the young man. It relates to Herbich, an assistant at the Board of Trade office: he has unfortunately been guilty of a gross misuse of his official position."

"Oh-in what way?"

"Money matters," answered Werner cursorily, and he beckoned to a messenger and sent him to Berger's.

They then entered the Court where the three eldest Judges were already waiting for them. The Chief Justice opened the sitting and called for a report of the case to be read.

It was different from what one would have expected from Werner's intimation: Herbich had not become a criminal through greed of gain. His mother, an old widow, had, on his advice, lent her slender fortune which was to have served as her only daughter's dowry, to a friend of his, a young merchant of excellent reputation. Without any one suspecting it, this honourable man had through necessity gradually become bankrupt, and when Herbich one morning entered his office at the Board of Trade, he found the manager of a factory there who, to his alarm, demanded a decree summoning a meeting of his friend's creditors. Instead of fulfilling this in accordance with the duties of his office, he hurried to the merchant and induced him by piteous prayers to return the loan on the spot. Not till then did he go back to the office and draw up the necessary document. By the inquiries of other creditors whose fractional share had been diminished by this, the matter came to light. Herbich was suspended, though left at liberty. There was no permanent loss to the creditors, as the sister had in the meantime returned the whole of the amount to the administrator of the estate. The report recommended that the full severity of the law should take effect, and that the young man should not only be deprived of his position, but should forthwith be handed over to justice.

Sendlingen had listened to the lengthy report motionless. Only once had he risen, to arrange the lampshade so that his face remained in complete shadow. Then he asked whether the committee would examine the accused. It was in no way bound to do so, though entitled to, and therefore Herbich had been instructed to hold himself in waiting at the Court at the hour of the inquiry.

The conductor 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

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 after her mother's death no hint of it was found among her possessions. As she was born in Radautz, a small town in the Bukowina, and as her mother was governess in the house of a Boyar, it is probable that she was seduced by one of these half-savages or perhaps even a victim to violence. I incline to the latter belief, because Hermine Lippert's subsequent mode of life and touching care for her child, are against the surmise that she was of thoughtless disposition. She settled in a small town in Styria and made a scanty living by music lessons. Forced by necessity, she hazarded the pious fraud of passing as a widow, – otherwise she and her child must have starved. After eight years a mere chance disclosed the deception and put an end to her life in the town. She was obliged to leave, but obtained a situation as companion to a kind-hearted lady in Buda-Pesth, and being now no longer able to keep her little daughter with her, she had her brought up at a school in Gratz. Mother and child saw one another only once a year, but kept up a most affectionate correspondence. Victorine was diligent in her studies, grave and accomplished beyond her years, and justified the hope that she would one day earn a livelihood by her abilities. This sad necessity came soon enough. She lost her mother when she was barely fifteen: the Hungarian lady paid her school fees for a short time, and then the orphan had to help herself. Her excellent testimonials procured her the post of governess in the family of the widowed Countess Riesner-Graskowitz at Graskowitz near Golotz. She had the charge of two small nieces of the Countess and was patient in her duties, in spite of the hardness of a harsh and utterly avaricious woman. In June of last year, her only son, Count Henry, came home for a lengthy visit."

Sendlingen sighed deeply and raised his hand.

"You divine the rest?" asked Berger. "And indeed it is not difficult to do so! The young man had just concluded his initiation into the diplomatic service at our Embassy in Paris, and was to have gone on to Munich in September as attaché. Naturally he felt bored in the lonely castle, and just as naturally he sought to banish his boredom by trying to seduce the wondrously beautiful, girlish governess. He heaped upon her letters full of glowing protestations-I mean to read some specimens to-morrow, and amongst them a valid promise of marriage-and the girl of seventeen was easily fooled. She liked the handsome, well-dressed fellow, believed in his love as a divine revelation and trusted in his oaths. You will spare me details, I fancy; this sort of thing has often happened."

"Often happened!" repeated Sendlingen mechanically, passing his hand over his eyes and forehead.

"Well to be brief! When the noble Count Henry saw that the girl was going to become a mother before she herself had any suspicion of it, he determined to entirely avoid any unpleasantness with his formidable mother, and had himself sent to St. Petersburg. Meantime a good-natured servant girl had explained her condition to the poor wretch and had faithfully comforted her in her boundless anguish of mind, and helped her to avoid discovery. Her piteous prayers to her lover remained unanswered. At length there came a letter-and this, too, I shall read to-morrow-in which the scoundrel forbade any further molestation and even threatened the law. And now picture the girl's despair when, almost at the same time, the countess discovered her secret, – whether by chance or by a letter of the brave count, is still uncertain. Certainly less from moral indignation than from fear of the expense, this noble lady was now guilty of the shocking brutality of having the poor creature driven out into the night by the men-servants of the house! It was a dark, cold, wet night in April: shaken with fever and weary to death, the poor wretch dragged herself towards the nearest village. She did not reach it; halfway, in a wood, some peasants from Graskowitz found her the next morning, unconscious. Beside her lay her dead, her murdered child."

Sendlingen groaned and buried his face in his hands.

"Her fate moves you?" asked Berger. "It is certainly piteous enough! The men brought her to the village and informed the police at Golotz. The preliminary examination took place the next day. It could only establish that the child had been strangled; it was impossible to take the depositions of the murderess: she was in the wildest delirium, and the prison-doctor expected her to die. But Fate," Berger rose and his voice trembled-"Fate was not so merciful. She recovered, and was sent first to Golotz and then brought here. She admitted that in the solitude of that dreadful night, overcome by her pains, forsaken of God and man, she formed the resolve to kill herself and the child-when and how she did the deed she could not say. I am persuaded that this is no lie, and I believe her affirmation that it was only unconsciousness that prevented her suicide. Doesn't that appear probable to you too?"

Sendlingen did not answer. "Probable," he at length muttered, "highly probable!"