The Chief Justice Part 17

"What?" he asked. And he added with an unsteady voice: "I have not seen him for the last few days. Has he had news from Vienna?"

"To be sure! The Supreme Court has pardoned me. My imprisonment during trial is to be considered as punishment. In a few weeks I shall be quite free."

Berger felt all the blood rush to his heart. "Quite free!" he repeated faintly. "In a few weeks!" And at the same time he was tortured by the importunate question: "Great G.o.d! he has surely gone mad? How could he do this? What is his object?"

"Merciful Heaven!" she cried. "How pale you have turned. How sombre you look! Merciful Heaven! you have not received other news? He has surely not been deceived? Oh, if I had to die after all!--now--now----"

She staggered. Berger took her hand and made her sink down on to the nearest chair. "I have no other news," he said as firmly as possible.

"It came upon me with such a shock! I am surprised that he has not yet told me anything. But then, of course, he did not hear of it till to-day. If he has told you, you can, of course, look upon it as certain."

"May I not?" She sighed with relief. "I need not tremble any more? Oh, how you frightened me!"

"Forgive me--calm yourself!"

He took up his hat again.

"Are you going already? And I have not yet half thanked you!"

"Don't mention it!" he said curtly, parrying her remark. "Au revoir,"

he added with more friendliness, and leaving the cell, hurried to Sendlingen's residence.

He had just come in; Berger approached him in great excitement. "I have just been to see Victorine," he began. "How could you tell this untruth? How _could_ you?"

Sendlingen cast down his eyes. "I had to do it. I was afraid that otherwise the news of her condemnation might reach her."

"No," cried Berger. "Forgive my vehemence," he then continued. "I have reason for it. Such empty pretexts are unworthy of you and me. You yourself see to the regulation of the Courts and the prison. The Accused never hear their sentence until they are officially informed."

"You do me an injustice," replied Sendlingen, his voice still trembling, and it was not till he went on that he recovered himself: "I have no particular reasons that I ought or want to hide from you.

I told her in an ebullition of feeling that I can hardly account for to myself. When I saw her to-day she was much sadder, much more hopeless, than has been usual with her lately. She certainly had a presentiment--and I, in my flurry at this, feared that some report might already have reached her. Such a thing, in spite of all regulations, is not inconceivable; chance often plays strange pranks.

In my eager desire to comfort her, those words escaped me. The exultation with which she received them, robbed me of the courage to lessen their favourable import afterwards! That is all!"

Berger looked down silently for a while. "I will not reproach you," he then resumed. "How fatal this imprudence may prove, you can see as well as I. She was prepared for the worst and therefore anything not so bad, might perhaps have seemed like a favour of Heaven. Now she is expecting the best, and whatever may be obtained for her by way of grace, it will certainly dishearten and dispirit her. But there is no help for it now!

Let us talk of what we can help! You want me to lodge a pet.i.tion for pardon? It would be labour in vain!"

"Well," said Sendlingen hesitatingly, "in some cases the Emperor has revoked the sentence of death in spite of the decision of the Supreme Court."

"Yes, but we dared not build on this hope if we had no other.

Fortunately this is the case. You must go to Vienna; only on your personal intercession is the pardon a _certainty_. And my pet.i.tion could at best only get the sentence commuted to imprisonment for life, whereas your prayer would obtain a shorter imprisonment and, after a few years, remission of the remainder. You must go to-morrow, Victor--there is no time to lose."

Sendlingen turned away without a word.

"How am I to understand this?" cried Berger, anxiously approaching him.

"You _will_ not?"

The poor wretch groaned aloud, "I will----" he exclaimed. "But later on--later on----. As soon as your pet.i.tion has been dispatched."

"But why?" cried Berger. "I have hitherto appreciated and sympathised with your every sentiment and act, but this delay strikes me as being unreasonable, unpardonable. I would spare you if less depended on the cast, but as it is, I will speak out. It is unmanly, it is----" He paused. "Spare me having to say this to you, to you who were always so brave and resolute. There is no time to lose, I repeat. Who will vouch that it may not then be too late? If my pet.i.tion is rejected, the Court will at the same time order the sentence to be carried out. Do you know so certainly that you will still be here then, that you will still have time then to hurry to Vienna? Think! Think!"

Berger had been talking excitedly and paused out of breath. But he was resolved not to yield and was about to begin again when Sendlingen said: "You have convinced me; I will go to Vienna sooner, even before the dispatch of your pet.i.tion."

"Then you still insist that I shall proceed with it?"

"Please; it can do no harm; it may do good. And at least we shall gain time by it. I cannot undertake the journey to Vienna until the inquiry against the working men is ended. In this, too, there is not a day to be lost; neither Dernegg nor I know whether there is not an order on the road that may in some way make us harmless. I trust we shall by that time have succeeded in proving that no punishable offence has been committed. I have received the Minister's telegram to-day, and at once replied that the inquiry was so complicated, and had already proceeded so far, that a change in the examining Judges would be impracticable."

"I am glad that you have followed my advice," said Berger. "And in spite of these aggravated conditions! You hesitated as long as the decision was not known to you, as long as you simply feared it, and when your fears were confirmed, you were brave again and did not hesitate for an instant in doing your duty as an honourable man!

Victor, few people would have done the like!" He reached out his hand to say good-bye. "You have now taken old Franz into your confidence?"

he asked, "another partic.i.p.ator in the secret--it would have been well to consider it first! But I will not begin to scold again. Adieu!"

CHAPTER XI.

More than two weeks had pa.s.sed since this last interview. January of 1853 was drawing to a close and still there seemed no likelihood of an end to the investigations against the workmen.

Berger observed this with great anxiety. He had long since presented the pet.i.tion for pardon: the time was drawing near when it would be laid before the Emperor, and yet, whenever the subject of the journey to Vienna arose, Sendlingen had some reason or motive for urging that he could not leave and that there was still time. When he made such a remark Berger looked at him searchingly, as if he were trying to read his inmost soul and then departed sadly, shaking his head. Every day Sendlingen's conduct seemed to him more enigmatical and unnatural. For this was the one means of saving Victorine's life! If he still hesitated it could only proceed from fear of the agony of the moment, from cowardice!

But as often as Berger might and did say this to himself, he did not succeed in convincing himself. For did not Sendlingen at the same time evince in another matter and where the welfare and sufferings of strangers to him were concerned, a moral courage rarely found in this country and under this government.

The conflict between Sendlingen and the Minister of Justice had gradually a.s.sumed a very singular character; it had become a "thoroughly Austrian business," as Berger sometimes thought with the bitter smile of a patriot. To Sendlingen's respectful but decided answer, the Minister had replied as rudely and laconically as possible, commanding him to hand over the investigation forthwith to Werner. No one could now doubt any longer that a further refusal would prove dangerous, and Sendlingen sent his rejoinder,--a brief dignified protest against this unjustifiable encroachment--with the feeling that he had at the same time undersigned his own dismissal. And indeed in any other country a violent solution would have been the only one conceivable; but here it was different. Certainly a severe censure from the Minister followed and he talked of "further steps" to be taken, but the lightning that one might have expected after this thunder, did not follow. The same result, was, however, sought by circuitous means, attempts were made to weary the two Judges and to put them out of conceit with the case. When they proposed to the Court that the case against one of the Accused might be discontinued, the Crown-Advocate promptly opposed it and called the Supreme Court to his a.s.sistance.

With all that, the police were feverishly busy and overwhelmed the two Judges by repeatedly bringing forward new grounds of suspicion against the prisoners, and these had to be gone through however evidently worthless they might be at the first glance.

There was not a single person attached to the Law-Courts with all their diversity of character, who did not follow the struggle of Sendlingen for the independence of the Judge's position, with sympathy, and the townspeople were unanimous in their enthusiastic admiration. This courageous steadfastness was all the more highly reckoned as it was visibly undermining his strength. His hair grew gray, his bearing less erect, and his face now almost always bore an expression of melancholy disquiet. People were not surprised at this; it must naturally deeply afflict this man who was so manifestly designed to attain the highest places in his profession, perhaps even to become the Chief Judge of the Empire--to be daily and hourly threatened with dismissal.

Only the three partic.i.p.ators in the secret, and Berger in particular, knew that the unhappy man could scarcely endure any longer the torture of uncertainty about his child's fate. All the more energetic, therefore, were Berger's attempts to put an end at least to this unnecessary torment but again and again he spoke in vain.

This occurred too on the last day in January. Sendlingen stood by his answer: "There is still time, the pet.i.tion has not yet come into the Emperor's hands," and Berger was sorrowfully about to leave his Chambers, when the door was suddenly flung open and Herr von Werner rushed in.

"My Lord," cried the old gentleman almost beside himself with joy and waving a large open letter in his hand like a flag, "I have just received this; this has just been handed to me. It means that I am appointed your successor, it is the decree."

Sendlingen turned pale. "I congratulate you," he said with difficulty.

"When are you to take over the conduct of the Courts?"

"On the 22nd February," was the answer. "Oh, how happy I am! And you I am sure will excuse me! Why should the news distress you? You will in any case be leaving here at the end of February to----" he, stopped in embarra.s.sment. "To go to Pfalicz as Chief Justice of the Higher Court there," he continued hastily. "We will continue to believe so, to suppose the contrary would be nonsensical. You have annoyed the Minister and he is taking a slight revenge--that is all! Good-bye, gentlemen, I must hurry to my wife!" The old gentleman tripped away smiling contentedly.

"That is plain enough," said Sendlingen, after a pause, turning to his friend. "My successor is appointed without my being consulted: the decree is sent direct to him and not through me; more than that, I am not even informed at the same time, when I am to hand over the conduct of the Courts to him. To the minister I am already a dead man! But what can it matter to me in my position? Werner's communication only frightened me for a moment, while I feared that I had to surrender to him forthwith. But the 22nd February--that is three weeks hence. By that time _everything_ will be decided."

Two days later, on Candlemas Day, on which in some parts of Catholic Austria people still observe the custom of paying one another little attentions, Sendlingen also received a present from the minister. The letter read thus: "You are to surrender the conduct of the Courts on the 22nd February to the newly appointed Chief Justice, Herr von Werner. Further instructions regarding yourself will be forwarded you in due course."

The tone of this letter spoke plainly enough. For "further instructions" were unnecessary if the previous arrangement--his appointment to Pfalicz--was adhered to. His dismissal was manifestly decreed.

All the functionaries of the Courts fell into the greatest state of excitement: who was safe if Sendlingen fell? And wherever the news penetrated, it aroused sorrow and indignation. On the evening of the same day the most prominent men of the town met so as to arrange a fete to their Chief Justice before his departure. It was determined to present him with an address and to have a farewell banquet.

Berger, who had been at the meeting, left as soon as the resolution was arrived at, and hurried to Sendlingen for he knew that his friend would need his consolation to-day most of all. But Sendlingen was so calm that it struck Berger as almost peculiar. "I have had time to get accustomed to these thoughts," he said.

"How do you think of living now?" asked Berger.