CHAPTER V.

When the grey morning appeared, he could no longer endure to lie quietly in his bed while his soul was tormented with unrest, he got up, dressed himself, left his room and went out of doors.

It was a damp, cold, horrid autumn morning: the fog clung to the houses and to the uneven pavement of the old town: a heavy, yellow vapor, the smoke of a factory chimney kept sinking down lower and lower. The lonely wanderer met few people, those who recognized him greeted him respectfully, he did not often acknowledge the greeting and when he did, it was unconsciously. Most of them looked after him in utter astonishment; what could have brought the Chief Justice so early out of doors? It seemed at times as if he were looking for something he had lost; he would walk along slowly for a stretch with his looks fixed on the ground, then he would stop and go back the same way. And how broken down, how weary he looked today!--as if he had suddenly become an old man, the people thought.

Freezing with cold, while his pulses beat at fever-speed, he thus wandered for a long while aimlessly through the desolate streets, first this way, then that, until the morning bells of the Cathedral sounded in his ears. He stood still and listened as if he had never heard their mighty sound before; they appeared to vibrate in his heart; his features changed and grew gentler as he listened; a ray of tender longing gleamed in his white face, and, as if drawn by invisible cords, he hurried faster and faster towards the Cathedral. But when he stood before its open door and looked into the dark space, lit only by a dim light, the sanctuary lamp before the high-altar, he hesitated; he shook his head and sighed deeply, and his features again resumed their gloomy, painful look.

He looked up at the Cathedral clock, the hands were pointing to seven. "An hour more," he murmured and went over towards the Court-House. It was a huge, straggling, rectangular building, standing on its own ground. In front were the Chief Justice's residence and the offices; at the back the criminal prison.

He turned towards his own quarters. He had just set his foot on the steps, when a new idea seemed to occur to him. He hesitated. "I must," he hissed between his teeth and he clenched his hands till the nails ran painfully into the flesh; "I must, if only for a minute."

He stepped back into the street, went around the building and up to the door at the back. It was locked; there was a sentinel in front of it. He rang the bell, a warder opened the door and seeing the Chief Justice respectfully pulled off his hat.

"Fetch the Governor," muttered Sendlingen, so indistinctly that the man hardly understood him. But he hurried away and the Governor of the prison appeared. He was visibly much astonished. "Does your Lordship wish to make an inspection?" he asked.

"No, only in one or two particular cases."

"Which are they, my lord?"

But the unhappy man felt that his strength was leaving him. "Later on," he muttered, groping for the handle of the door so as to support himself. "Another time."

The Governor hastened towards him. "Your Lordship is ill again--just as you were yesterday--we are all much concerned! May I accompany you back to your residence? The nearest way is through the prison-yard, if you choose."

He opened a door and they stepped out into the prison-yard; it was separated by a wall from the front building; the only means of communication was an unostentatious little door in the bare, high, slippery wall. It seemed to be seldom used; the Governor was a long time finding the key on his bunch and when at length it opened, the lock and hinges creaked loudly.

"Thank you," said Sendlingen. "I have never observed this means of communication before."

"Your predecessor had it made," answered the Governor, "so that he might inspect the prison without being announced. The key must be in your possession."

"Very likely," answered Sendlingen, and he went back to his residence.

Franz placed his breakfast before him. "There'll be a nice ending to this," he growled. "We are dangerously ill and yet we trapse about the streets in all weathers. Dr. Berger, too, is surprised at our new ways."

"Has he been here already?"

"He was here a few minutes ago, but will be back at eight.... But now we have got to drink our tea." He did not budge till the cup had been emptied.

With growing impatience Sendlingen looked at the clock. "He can have nothing fresh to say," he thought. "He must guess my intention and want to hinder me. He will not succeed."

But he did succeed. As he entered, Sendlingen had just taken up his hat and stick.

"You are going to the trial?" began his faithful friend almost roughly, "You must not, Victor, I implore you. I forbid you. What will the judges think if you are too ill to preside, and yet well enough to be present with no apparent object. But the main thing is not to torment yourself, it is unmanly. Do not lessen your strength, you may require it."

He wrested his hat from him and forced him into an armchair.

"My restlessness will kill me if I stay here," muttered Sendlingen.

"You would not be better in there, but worse. I shall come back to you at once; I think, I fear, it will not last long. Don't buoy yourself up with any hopes, Victor. Before a jury, I could get her acquitted, with other judges, at a different time, we might have expected a short term of imprisonment ... but now----"

"Death!" Like a shriek the words escaped from his stifled breast.

"But she may not, she will not die!" continued Berger. "I will set my face against it as long as there is breath in my body, nay, I would have done so even if she had not been your daughter. God bless you, Victor."

Berger gathered up his bundle of papers and proceeded along the corridor and up some stairs, until he found himself outside the court where the trial was to take place. Even here a hum of noise reached him, for the court was densely crowded with spectators. As far as he could see by the glimmer of grey morning light that broke its difficult way in by the round windows, it was a well-dressed audience in which ladies preponderated. "Naturally," he muttered contemptuously.

For a few seconds eye-glasses and opera-glasses were directed upon him, to be then again immediately turned on the accused. But her face could not be seen; she was cowering in a state of collapse on her wooden seat, her forehead resting on the ledge of the dock; her left arm was spread out in front of her, her right hung listlessly by her side. Public curiosity had nothing to sate itself on but the shudders that at times convulsed her poor body; one of the long plaits of her coal-black, wavy hair had escaped from beneath the kerchief on her head and hung down low, almost to the ground, touching the muddy boots of the soldier who did duty as sentinel close beside her.

Berger stepped to his place behind her; she did not notice him until he gently touched her icy cold hand. "Be brave, my poor child," he whispered.

She started up in terror. "Ah!" went from every mouth in Court: now at length they could see her face. Berger drew himself up to his full height; his eyes blazed with anger as he stepped between her and the crowd.

"Oh, what crowds of people!" murmured the poor girl. Her cheeks and forehead glowed in a fever-heat of shame: but the colour soon went and her grief-worn face was white again; the look of her eyes was weary and faint. "To think that one should have to suffer so much before dying."

"You will not die!" He spoke slowly, distinctly, as one speaks to a deaf person. "You will live, and after you have satisfied the justice of men, you will begin life over again. And when you do friendship and love will not be wanting to you." While he was saying this, and at the same time looking her full in the face, her resemblance to his friend almost overpowered him. She was like her father in the colour of her hair and eyes, in her mouth and her forehead.

"Love and care are waiting for you!" he continued with growing warmth. "This I can swear. Do you hear? I swear that it is so! As regards the trial, I can only give you this advice: tell, as you have hitherto done, the whole truth. Bear up as well as you can; oppose every lie, every unjust accusation."

She had heard him without stirring, without a sign of agreement or dissent. It was doubtful whether she had understood him. But he had not time to repeat his admonition; the Crown-advocate and the five Judges had entered with Werner at their head. If Berger had hitherto cherished any hope, it must have vanished now; two of the other Judges were among the sternest on the bench; the fourth never listened and then always chimed in with the majority; it was but a slender consolation to Berger when he finally saw the wise and humane Baron Dernegg take his place beside the judges.

Werner opened the proceedings and the deed of accusation was then read out by the Secretary of the Court. Its compiler--a young, fashionably dressed junior Crown-advocate of an old aristocratic family, who had only been in the profession a short time,--listened to the recital of his composition with visible satisfaction. And indeed his representation of the matter was very effective.

According to him the Countess Riesner-Graskowitz was one of the noblest women who ever lived, the Accused one of the most abandoned. A helpless orphan, called by unexampled generosity to fill a post which neither her years nor abilities had fitted her for, she had requited this kindness by entangling the young Count Henry in her wiles in order to force him into a marriage. After he had disentangled himself from these unworthy bonds, and after Victorine Lippert knew her condition, instead of repentantly confiding in her noble protectress, she had exhausted all the arts of crafty dissembling in order not to be found out. And when at length she was, as a most just punishment, suddenly dismissed from the castle, she in cold blood murdered her child so as to be free from the consequences of her fault. In his opinion, the Accused's pretended unconsciousness was a manifest fable, and the crime a premeditated one, as her conduct at the castle sufficiently proved. Her character was not against the assumption, she was plainly corrupted at an early age, being the daughter of a woman of loose character.

"It is a lie! a scandalous lie!"

Like a cry from the deepest recesses of the heart, these words suddenly vibrated through the Court with piercing clearness.

It was the Accused who had spoken. She had listened to the greatest part of the document without a sound, without the slightest change of countenance, as if she were deaf. Only once at the place where it spoke of "manifest fable" she had gently and imperceptibly shaken her head; it was the first intimation Berger had that she was listening and understood the accusation. But now, hardly had the libel on her dead mother been read, when she rose to her feet and uttered those words so suddenly that Berger was not less motionless and dumfounded than the rest.

And then broke forth the hubbub; such an interruption, and in such language, had never before occurred in Court. The spectators had risen and were talking excitedly; the crown-advocate stood there helplessly; even Herr von Werner had to clear his throat repeatedly before he could ejaculate "Silence!"

But the command was superfluous for hardly had the poor girl uttered the words, when she fell back upon her seat, from thence to the ground, and was now lying in a faint on the boards.

She was carried out; it was noticed by many and caused much scandal, that the counsel for the Accused lifted the lifeless body and helped carry it, instead of leaving this to the warders.

The proceedings had to be interrupted. It was another half hour before the Accused appeared in Court again, leaning on Berger's arm, her features set like those of an animated corpse. There was a satirical murmur in the crowd, and Werner, too, reflected whether he should not, there and then, reprove the Counsel for unseemly behaviour. And this determined him to be all the severer in the reprimand which he addressed to the Accused on account of her unheard of impertinence. She should not escape her just punishment, the nature and extent of which he would determine by the opinion of the prison-doctor.

Then the reading of the deed of accusation was finished; the examination began. There was a murmur of eager expectation among the spectators; their curiosity was briefly but abundantly satisfied. To the question whether she pleaded guilty, Victorine Lippert answered quietly but with a steadier voice than one would have supposed her capable of:

"Yes!... What I know about my deed, I have already told in evidence. I deserve death, I wish to die. It is a matter of indifference to one about to die what men may think of her; God knows the truth. He knows that much, yes most, of what has just been read here, is incorrect. I do not contest it, but one thing I swear in the face of death, and may God have no mercy on me in my last hour if I lie; my mother was noble and good; no mother can ever have been better and no wife more pure. She trusted an unworthy wretch, and he must have been worse than ever any man was, if he could forsake her--but she was good. I implore you, read her testimonials, her letters to me--I beseech you, I conjure you, just a few of these letters.-For myself I have nothing to ask--"

Her voice broke, her strength again seemed to forsake her and she sank down on her seat.

There was a deep silence after she had ended: in her words, in her voice, there must have been something that the hearts of those present could not shut out; even the crown-advocate looked embarrassed. Herr von Werner alone was so resolutely armed to meet the Hydra of the social Revolution, which he was bent on combating in this forlorn creature, as to be above all pity. He would certainly have begun a wearisome examination and have spared the poor creature no single detail, but his daughter was expecting a happy event to-day, and Baron Sendlingen had, notwithstanding, not had sufficient professional consideration to take over the conduct of this trial, and the half hour's faint of the Accused had already unduly prolonged the proceedings--so he determined to cut the matter as short as was compatible with his position. The accused had just again unreservedly repeated her confession; further questions, he explained, would be superfluous.

The examination of the witnesses could be proceeded with at once. This also was quickly got through. There were the peasants, who had found Victorine and her lifeless child on the morrow of the deed, and the prison doctor, none of whom could advance any fresh or material fact.

The only witness of importance to the Accused was the servant-girl who had helped her in her last few months at the castle. The girl had been shortly after dismissed from the Countess' service, and in the preliminary inquiry, she had confirmed all Victorine's statements; if she to-day remained firm to her previous declarations, the accusation of premeditated murder would be severely shaken. To Berger's alarm she now evasively answered that her memory was weak,--she had in the meantime gone into service at Graskowitz again. In spite of this and of the protest of the defence, she was sworn: Berger announced his intention of appealing for a nullification of the trial.

Then the depositions of the Countess and her son were read; the Court had declined to subpœna them. The Countess had not spared time or trouble in depicting the murderess in all her abandonment; but the depositions which Count Henry had made at his embassy, were brief enough: as far as he recollected he had made the girl no promise of marriage, and indeed there was no reason for doing so. Berger demanded, as proof to the contrary, that the letters which had been taken from the Accused and put with the other papers, should he read aloud; this the Court also declined because they did not affect the question of her guilt.

Then followed the speeches for and against. The Crown-Advocate was brief enough: the trial, he contended, had established the correctness of the charge. If ever at all, then in the present case, should the full rigour of the law be enforced. By her protestation that she had received a most careful bringing up from a most excellent mother, she had herself cut from under her feet the only ground for mitigation. All the more energetically and fully did Berger plead for the utmost possible leniency; his knowledge of law, his intellect and his oratorical gifts had perhaps never before been so brilliantly displayed. When he had finished, the people in Court broke out into tumultuous applause.

The Judges retired to consider their verdict. They were not long absent; in twenty minutes they again appeared in Court. Werner pronounced sentence: death by hanging. The qualification of "unanimous" was wanting. Baron Dernegg had been opposed to it.

There was much excitement among the spectators. Berger, although not unprepared for the sentence, could with difficulty calm himself sufficiently to announce that every form of appeal would be resorted to. The Accused had closed her eyes for a moment and her limbs trembled like aspen-leaves, but she was able to rise by herself to follow the warders.

"Thank you," she said pressing Berger's hands. "But the appeal----"

"Will be lodged by me," he said hastily interrupting her. "I shall come and see you about it to-day."

He hurried away down the stairs. But when he got into the long corridor that led to Sendlingen's quarters, he relaxed his pace and at length stood still. "This is a difficult business," he murmured and he stepped to a window, opened it and eagerly drank in the cool autumn air as if to strengthen himself.

When a few minutes after he found himself in Sendlingen's lobby, he met Baron Dernegg coming out of his friend's study.

"Too late!" he thought with alarm. "And he has had to hear it from some one else."

The usually comfortable-looking Judge was much excited. "You are no doubt coming on the same errand, Dr. Berger," he began. "I felt myself in duty bound to let the Chief Justice know about this sentence without delay. The way in which he received it showed me once more what a splendid man he is, the pattern of a Judge, the embodiment of Justice! I assure you, he almost fainted, this--hm!--questionable sentence affected him like a personal misfortune. Please do not excite him any more about it and talk of something else first."

"Certainly," muttered Berger as he walked into the study.

Sendlingen lay back in his arm-chair, both hands pressed to his face. His friend approached him without a word; it was a long, sad silence. "Victor," he said at last, gently touching his shoulder, "we knew it would be so!"

Sendlingen let his hands fall. "And does that comfort me?" he cried wildly. And then he bowed his head still lower. "Tell me all!" he murmured.

Berger then began to narrate everything. One thing only he omitted: how Victorine had spoken of her mother's betrayer. "This very day," he concluded, "I shall lodge a nullity appeal with the Supreme Court. Perhaps it will consider the reasons weighty enough to order a new trial; in any case when it examines the question, it will alter the sentence."

"In any case?" cried Sendlingen bitterly.

"We cannot but expect as much from the sense of justice of our highest Judges. Perhaps the chief witness's suspicious weakness of memory may prove a lucky thing for us. If she had stuck by her former depositions, or if the Court had not put her on her oath, then a simple appeal to the Supreme Court would alone have been possible. Now, the case is more striking and more sensational."

"And therefore all the worse!" interrupted Sendlingen. "Woe to him for whom in these days the voice of the people makes itself heard; to the gentry in Vienna it is worse than the voice of the devil. Besides, just now, according to the opinion of the Minister of Justice, the world is to be rid of child-murder by the offices of the hangman! And this is the first case in educated circles, a much talked of case,--what a magnificent opportunity of striking terror!"

"You take too black a view of the matter, Victor."

"Perhaps!--and therefore an unjust view! But how can a man in my position be just and reasonable. Oh, George, I am so desolate and perplexed! What shall I do; merciful Heaven, what shall I do?"

"First of all--wait!" answered Berger. "The decision of the Supreme Court will be known in a comparatively short time, at latest in two months!"

"Wait--only two months!" Sendlingen wrung his hands. "Though what do I care for myself! But she--two months in the fear of death! To sit thus in a lonely cell without light or air, or consolation,--behind her unutterable misery, before her death----. Oh, she must either go mad or die!"

"I shall often be with her, and Father Rohn, too, I hope. And then, too," he added, half-heartedly, "one or other of the ladies of the Women's Society for Befriending Female Criminals. Certainly these comforters are not worth much."

"They are worth nothing," cried Sendlingen vehemently. "Oh, how they will torture the poor girl with their unctuous virtue and self-satisfied piety! I have to tolerate these tormentors, the Minister of Justice insists on it, but at least they shall not enter this cell, I will not allow it--or at least, only the single one among them who is any good, my old Brigitta----"

"Your housekeeper?" asked Berger, in perplexity and consternation. "That must not be! She might guess the truth. The girl!" he hesitated again--"is like you, very like you Victor--and anyone who sees you so often and knows you so well as Brigitta----"

"What does that matter?" Sendlingen rose. "She is discreet, and if she were not--what does it matter, I repeat. Do you suppose that I never mean to enter that cell?"

"You! Impossible!"

"I shall and I must! I will humour you in everything except in this one thing!"

"But under what pretext? Have you ever visited and repeatedly visited other condemned criminals?"

"What does that matter to me? A father must stand by his child!"

"And will you tell other people so?"

"Not until I am obliged; but then without a moment's hesitation. She, however, must be told at once, in fact this very day."

"You must not do that, Victor. Spare the poor girl this sudden revelation."

"Then prepare her beforehand! But to-morrow it must be!"

Berger was helpless; he knew what Victorine would say to her father if she suddenly encountered him.

"Give her a little more time!" he begged, "Out of pity for her shattered nerves and agitated mind, which will not bear any immediate shock."

This was a request that Sendlingen could not refuse.

"Very well, I will wait," he promised. "But you will not wish to prevent me from seeing her to-morrow. I have in any case to inspect the prison. But I promise you: I will not betray myself and the governor of the jail shall accompany me."

Weighed down by sorrow, Berger proceeded homewards. To the solitary bachelor Sendlingen was more than a friend, he was a dearly loved brother. He was struck to the heart, as by a personal affliction, with compassion for this fate, this terrible fate, so suddenly and destructively breaking in upon a beneficent life, like a desolating flood.

Would this flood ever subside again and the soil bring forth flowers and fruit? The strong man's looks darkened as he thought of the future: worse than the evil itself seemed to him the manner in which it affected his friend. Alas! how changed and desolated was this splendid soul, how hopeless and helpless this brave heart! And it was just their last interview, that sudden flight from the most melancholy helplessness to the heights of an almost heroic resolve, that gave Berger the greatest uneasiness.

"And it will not last!" he reflected with much concern. "Most certainly it will not! Perhaps even now, five minutes after, he is again lying back in his arm chair, broken down, without another thought, another feeling, save that of his misery! And could anything else be expected? That was not the energetic resolve of a clear, courageous soul, but the diseased, visionary effort of feverishly excited nerves! Again he does not know whether he will see her or what he ought to do.... And do I know, would any one know in the presence of such a fate?"

Had he deserved this fate?

"No!" cried Berger to himself. "No!" he passionately repeated as he paced up and down his study, trying to frame the wording of the appeal. Clumsy and uncouth, blind and cruel, seemed to him the power that had ordered things as they had come about. It seemed no better than some rude elemental force. "He can no more help it," he muttered, "than the fields can help a flood breaking in upon them."

But he could not long maintain this view, comforting as it was to him, much as he strove to harbour it. "He has done wrong," he thought, "and retribution is only the severer because delayed." Other cases in his experience occurred to him: long concealed wrongs and sins that had afterwards come into the light of day, doubly frightful. "And such offences increase by the interest accruing until they are paid," he was obliged to think. From the moment that he heard his friend's story, all the facts it brought to light seemed to him like the diabolical sport of chance; but now he no longer thought it chance but in everything saw necessity, and he was overcome by the same idea to which he had given voice at the conclusion of his friend's narration, namely that this was no mere sad fate, but a tragic one.

It was a singular idea, compounded of fear and reverence. When Berger reflected how one act dovetailed into another, how link fitted into link in the chain of cause and effect, how all these people could not have acted otherwise than they were obliged to act, how guilt had of necessity supervened, and now retribution, the strong man shuddered from head to foot: he had to bow his head before that pitiless, all-just power for which he knew no name ... But was it really all-just? If all these people, if Sendlingen and Victorine had not acted otherwise than their nature and circumstances commanded, why had they to suffer for it so frightfully? And why was there no end to this suffering, a great, a liberating, a redeeming end?

"No!" cried an inward voice of his deeply agitated soul, "there must be such a glorious solution. It cannot be our destiny to be dragged into sin by blind powers which we cannot in any way control, like puppets by the cords in a showman's hands, and then again, when it pleases those powers, into still greater sins, or into an atonement a thousand times greater than the sin itself, and so, on and on, until death snaps the cords. No! that cannot be our destiny, and if it were, then we should be greater than this Fate, greater, juster, more reasonable! There must be in Sendlingen's case also, a solution bringing freedom, theremust--and in his case precisely most of all! It would have been an extraordinary fate, no matter whom it had overtaken, but had it befallen a commonplace man, it would never have grown to such a crushing tragedy. A scoundrel would have lied to himself: 'She is not my daughter, her mother was a woman of loose character,' and he would have repeated this so often that he would have come to believe it. And if remorse had eventually supervened, he would have buried it in the confessional or in the bottle.

"Another man, no scoundrel,--on the contrary! a man of honour of the sort whose name is Legion,--would not have hesitated for a moment to preside in Court in order to obtain by his authority as Chief Justice, the mildest possible sentence. Then he would have been assiduous in ameliorating the lot of the prisoner by special privileges, and after she had been set at liberty, he would have bought her, somewhere at a distance, a little millinery business or a husband, and every time he thought of the matter, he would have said with emotion: 'What a good fellow you are!' This has only become a tragic fate because it has struck one of the most upright, most sensitive and noble of men, and because this is so, there must come from that most noble and upright heart a solution, an act of liberation bursting these iron bonds! There must be a means of escape by which he and his poor child and Justice herself will have their due! Theremustbe--simply because he is what he is!"

There was a gleam of light in Berger's usually placid, contented face, the reflection of the thought that filled his soul and raised him above the misery of the moment. Notwithstanding, his looks became serious and gloomy again.

"But what is this solution?" he asked, continuing his over-wrought reflections. "And how shall this broken-down, sick man, weary with his tortures, find it? And I--I know of none, perhaps no one save himself can find it. 'Against the burden of such a fate, no parade of sophistry will be of any avail,' I said to him yesterday. But can small expedients be of any use? Will it be a solution if I succeed with my appeal, if the sentence of death is commuted to penal servitude for life or for twenty years? Can this lessen the burden of the fate?--for her, for him?"

"What to do?" he suddenly exclaimed aloud. He wrung his hands and stared before him.

Suddenly there was a curious twitching about his mouth, and his eyes gleamed with an almost weird light. "No, no!" he muttered vehemently, "how can such a thought even occur to me. I feel it, I am myself becoming ill and unstrung!"

He bounded up with a heavy stamp and hastily passed his hand over his forehead, as though the thought which had just passed through his brain stood written there and must be swiftly wiped away. But that thought returned again and again and would not be scared away, that enticing but fearful thought; how she might be forcibly liberated from prison and carried off to new life and happiness in a distant country?

"Madness!" he muttered and added in thought: "He would rather die and let her die, than give his consent to this or set his hand to such a deed! He whose conscience would not allow him to preside at the trial! And if in his perplexity and despair he were to go so far, I should have to bar the way and stop him even if it cost me my life.... What was it he said yesterday: 'An offence should not be expiated by an injustice!' and will he attempt it by another offence. 'Cowardly and dishonourable!' yes, that it would be, and not that great deed of which I dream; greater and more just than Fate itself."

He seized the notes which he had made from the papers connected with the trial, and forced himself to read them through deliberately, to weigh them again point by point. This expedient helped him: that horrible thought did not return, but a new thought rose, bringing comfort in its train and took shape: "When a great act cannot be achieved, we should not on that account omit even the smallest thing that can possibly be done. I will set my energies against the sentence of death, because it is the most frightful thing that could happen!"

And now he recovered courage and eagerness for work.

He sat at his writing table hour after hour, marshalling his reasons and objections into a solid phalanx which in the fervour of the moment seemed to him as if they must sweep away every obstacle, even prejudice, even ill-will. He had bolted himself in, nobody was to disturb him, he only interrupted himself for a few minutes to snatch a hasty meal. Then he worked away until the last sentence stood on the paper.

For the first time he now looked at the clock; it was pointing to ten. It was too late to visit the poor prisoner, and he was grieved that he had not kept his promise. If she was perhaps secretly nourishing the hope of being saved, she would now be doubly despairing. But it could not now be helped and he resolved to make good his remissness early the next morning. Sendlingen, however, he would go and see. "Perhaps he is in want of me," he thought. "I should be much surprised if he were not now more helpless than ever."

He made his way through the wet, cold, foggy autumn night; things he had never dreamt of were in store for him.

When he pulled the bell, the door was at once opened: Fräulein Brigitta stood before him. The candlestick in her hand trembled: the plump, well-nourished face of the worthy lady was so full of anguish that Berger started. "What has happened?" he cried.

"Nothing!" she answered. "Nothing at all! It is only that I am so silly." But her hand was trembling so much that she had to put down her candle and the tears streamed down her cheeks as she continued with an effort: "He went out--and has not come back--and so I thought--but I am so silly."

"So it seems," Berger roughly exclaimed, trying to encourage both her and himself, but a sudden anguish so choked his utterance that what he next said sounded almost unintelligible. "May he not pay a visit to a friend and stay to supper there? Is he so much under your thumb that he must give you previous notice of his intention? He is at Baron Dernegg's I suppose."

"No," she sobbed. "He is not there, and Franz has already looked for him in vain in all the places where he might be. He was twice at your house, but your servant would not admit him. And now the old man is scouring the streets. He will not find him!" she suddenly screamed, burying her face in her hands.

"Nonsense!" cried Berger almost angrily. He forced the trembling woman into a chair, sat down beside her and took her hand. "Let us talk like reasonable beings," he said, "like men, Fräulein Brigitta. When did he go out?"

"Seven hours ago, just after his dinner, which he hardly touched; it must have been about four o'clock. And how he has been behaving ... and especially since mid-day yesterday.... Dr. Berger," she cried imploringly, clasping her hands, "what happened yesterday in Chambers? When he came back from Vienna he was still calm and cheerful. It must be here and yesterday that some misfortune struck him. I thought at first that it was illness, but I know better now: it is a misfortune, a great misfortune! Dr. Berger, for Christ's sake, tell me what it is!"

She would have sunk down at his feet, if he had not hastily prevented her. "Be reasonable!" he urged, "It is an illness, Fräulein Brigitta,--the heart, the nerves."

She shook her head vigorously. "I guess what it is." She pointed in the direction of the jail. "Something has happened in the prison over there that is a matter of life and death to him."

He started. "Why do you suppose that?"

"Because he behaved so strangely--just listen to this." But she had first the difficult task of calming herself before she could proceed. "Well, when I went into his room to-day to tell him dinner was ready, he was standing in front of his writing-table rummaging in all the drawers. 'What are you looking for, my Lord?' I asked. 'Nothing,' he muttered and he sent me away, saying he was just coming. Twenty minutes later I ventured to go back again; he was still searching. 'Have you ever,' he now himself asked, 'heard of any keys that my predecessor is said to have handed over?' 'Yes,' I replied, 'the keys of the residence.' 'No, others, and among them the key of the door which----' He checked himself suddenly and turned away as though he had already said too much. 'What door?' I asked in utter astonishment. He muttered something unintelligible and then roughly told me the soup could wait. It cuts me to the heart. Dear Heaven, how wretched he looks, and I am not accustomed to be spoken to by him in that way; but what does that matter? I went and spoke to Franz. 'Perhaps,' he said, 'he means the keys that are in the top drawer of his business table.' So we went and looked and there, sure enough, was a bunch of keys--quite rusty, Dr. Berger."

"Go on, to the point," said Berger impatiently.

"Well, I took them to him; as I said, a whole bunch with a written label on each. He looked through them with trembling hands. Dr. Berger, and at last his face lit up. 'That's the one!' he muttered and took the key off the bunch and put it in his breast pocket. Then he turned round and when he saw me--great Heaven! what eyes he had--wicked, frightened eyes. 'Are you still here?' he said flaring up into a rage. 'What do you want playing the spy here?' Yes, Dr. Berger, he said 'playing the spy'--and he has known me for fifteen years."

"He is ill you see!" said Berger soothingly. "But go on!"

"Then he sat down to dinner and there he behaved very strangely. God forgive me ... Usually he only drinks one glass of Rhine-wine--you know the sort--to-day he gulped down three glasses one after another, took a few spoonfuls of soup and then went back to his room. And then I said: Franz, I said--but you won't want to hear that. Dr. Berger. But what follows you must hear; it's very strange--God help us! only too strange."

"Well?"

"After about ten minutes or so, I heard his step in the lobby; the door slammed; well, he had gone out. 'By all that's sacred!' thinks I in great trouble of mind. Then Franz came in quite upset. 'Fräulein!' he whispered, 'he's going up and down in the court outside!' 'Impossible!' said I, 'what does he want there?' We went to the bedroom window that looks down into the court and there, sure enough, is his Lordship! He was going--or rather he was creeping along by the wall that separates our court from the prison yard. It was drizzling at the time and it was no longer quite light, but I could see his face plainly: it was the face of a man who doesn't know what to do--ah me! worse still--the face of a man who doesn't know what he's doing. And he behaved like it, Dr. Berger! He stopped in front of the little door in the wall, looked anxiously up at the windows to see if anyone was watching him--but the clerks and officials had all gone, we were the only people who saw him--he pulled out that key from his breast pocket and tried to unlock the door. For a long time he couldn't succeed, but at last the door opened. However, he only shut it again quickly and locked it. Then he began anxiously to pace up and down again. It was just as if he had only wanted to try whether the key would open the door. What do you think of that?"

"The door through which one can get from here into the prison?" Berger spoke slowly, in a muffled tone, as if he were speaking to himself. Then he continued in the same tone: "Oh, how frightful that would be! This soul in the mire, this splendid soul!--Go on!" he then muttered as he saw that the housekeeper was looking at him in amazement.

"Well, then he went quickly back through the hall into the street and on towards the square. Franz crept after him at a distance. He seemed at first as if he wanted to go to your house, then he came back here, but to the other door, on the prison side. There he stood, close up to it, for a long time, a quarter of an hour Franz says, and then went to the left down Cross Street and then--what do you think, Dr. Berger?"

"Back the same way," said Berger slowly, "and again stood for a long time in front of the prison."

"How can you know that?" asked the old lady in astonishment.

Berger's answer was a strange one. "I can see it!" he said. And indeed, with the eyes of his soul, Berger could see his unhappy friend wandering about in the misty darkness, dragged hither and thither, by whirling, conflicting thoughts. "Perhaps he is at this moment standing there again!" He had not meant to say this, but the thought had involuntarily given itself voice.

"What now!" Fräulein Brigitta crossed herself. "We will go and see at once! Come! Oh, that would be a good thing! I will just go and fetch my shawl. But you see I was right. This trouble is connected with the prison; some injustice has been done, and he feels it nearly because he is such a just judge."

"Because he is such a just judge," repeated Berger, mechanically, without thinking of what he was saying, for while he spoke those words he was saying to himself: "He has gone mad!"

Then, however, he shook off the spell of this horror that threatened to cripple both soul and body. "You stay at home," he said in a tone of command. "I will find him and bring him back, you may rely upon that. One thing more, where did Franz leave him?"

"Ah, he was too simple! When his Lordship came into the square for the third time, Franz went up to him and begged him to come home. Upon that he became very angry and sent Franz off with the strongest language. But he called after him that he was going to Baron Dernegg's, only as I said, he has not been there, and----"

"Keep up your spirits, Fräulein Brigitta! I shall be back soon." He went down the steps, "Keep up your spirits!" he called back to her once more; she was standing at the top of the steps holding the candle at arm's length before her.

Berger stepped into the street and walked swiftly round the building to the prison door. He himself was in need of the exhortation he had given: he felt as if in the next moment he might see something frightful.

But there was nothing to be seen when he at length reached the place and approached the door, nothing save the muddy slippery ground, the trickling, mouldy walls, the iron-work of the door shining in the wet--nothing else, so far as the red, smoky light of the two lanterns above the door could show through the fog and rain. And there was nothing to be heard save the low pattering of the rain-drops on the soft earth or, when a sudden gust of the east-wind blew, the creaking of some loosened rafter and a whirring, long-drawn, complaining sound that came from the bare trees on the ramparts when they writhed and bent beneath its icy breath.

"Victor!"

There was a movement in the sentry box by the door; the poor, frozen Venetian soldier of the Dom Miguel regiment who had sheltered himself inside as well as he could from the rain and cold, poked out his heavy sleepy head so that the shine of his wet leather shako was visible for an instant. He muttered an oath and wrapped himself the closer in his damp overcoat.

Berger sighed deeply. A minute before he was sure he had seen the poor madman standing motionless in the desolate night, his eyes rigidly fixed upon the door that separated him from his daughter, and now that he was spared the sight, he could take no comfort, for a far worse foreboding convulsed his brain.

Hesitatingly he returned to the front part of the building and, increasing his pace, he went down the street towards the market-place, aimlessly, but always swifter, as if he had to go where chance led him, so as to arrive in time to stop some frightful deed.

The streets were deserted, nothing but the wind roamed through the drenching solitude, nothing but the voices of the night greeted his ear; that ceaseless murmur and rustle and stir, which, drowned by the noise of the day, moves in the dark stillness, as though dead and dumb things had now first found a voice to reach the sense of men.

He often had to stop; it seemed to him as if he heard the piteous groaning of a sick man, or the half stifled cry for help of one wounded. But it was nothing; the wind had shaken some rotting roof, or somewhere in the far distance a watch-dog had given a short, sharp bark. The lonely wanderer held his breath in order to hear better, looked also perhaps into some dark corner and then hurried on.

He reached the market place. Here he came upon human beings again, the sentries before the principal guard-house, and as he passed the column commemorative of the cholera in the middle of the square, there was the night-watchman who had pitched upon a dry sleeping place in one of the niches of the irregular monument. Berger stopped irresolutely; should he wake him up and question him?

Another form at this moment emerged from a neighbouring street; a man who with bowed head and halting pace glided along by the houses: was this not Franz? Berger could not yet, by the light of the meagre lamps, accurately distinguish him in the all-pervading fog. But the man came nearer and nearer; he was behaving peculiarly; he was looking into every door-way, and when he came to the "Sign of the Arbour," a very ancient shop full of recesses, he went into each of these recesses, so that a spectator saw him alternately appearing and disappearing. When he at length reappeared just under a lamp Berger recognised him; it was really the old servant. "Like a faithful dog seeking his master," he said to himself as he hurried towards him.

Franz rushed to meet him. "You know nothing of him?"

"Be quiet, man. We will look for him together."

"No, separately!" He seized Berger's arm and grasped it convulsively. "You by the river-side and I up here. There is not a moment to lose."

Berger asked no more questions but hurried down the broad, inclined street that led to the river. Here, in Cross Street, where most of the pleasure-resorts were, there were still signs of life; he had repeatedly to get out of the way of drunken men who passed along bawling; poor forlorn looking girls brushed past him. In one of the quieter streets he noticed a moving light coming nearer and nearer: it was a large lantern in the hand of a servant who was carefully lighting the gentleman who followed him.

Berger recognised the features of the little, wizened creature who, in spite of the awful weather was contentedly tripping along, with satisfaction in every lineament, under the shelter of a mighty umbrella; it was the Deputy Chief-Justice, Herr von Werner. He would have passed by without a word, but Werner recognised him and called to him.

"Eh! eh! it's Dr. Berger!" he snickered. "Out so late! Hee, hee! I seem to be meeting all the important people! First--hee! hee! the Lord Chief Justice and now----"

"Have you seen him?"

"Why yes. You are surprised? So was I! Just as I stepped out of my son-in-law's house, he passed by. I called after him because I wanted to tell him the news. For you may congratulate me, Dr. Berger. Certainly, you annoyed me this morning, you annoyed me very much I but in my joy I will forgive you! My first grandson, a splendid boy, and how he can cry!"

"Where did you see him? When?"

"Eh! goodness me, what is the matter with you? It was scarcely five minutes ago, he was going--only fancy--towards Wurst Street. You seem upset! And he wouldn't listen to me! Why, what is the matter?"

Berger made no reply. Without a word of farewell, he rushed precipitately down the street out of which Werner had come and turned to the right into a narrow, dirty slum which led by a steep incline to the river.

This was Wurst Street, the poorest district of the town, the haunt of porters, boatmen and raftsmen; alongside the narrow quay in which the street ended, lay their craft; the corner building next the river was the public house which they frequented. A light still glimmered behind its small window-panes and, as Berger hurried by, the sound of rough song and laughter greeted his ears.

He did not stop till he came right up to the river's edge. Its waters were swollen by the autumn rains; swift and tumultuous they coursed along its broad bed, perceptible to the ear only, not to the eye, so fearfully dark was the night. Berger could not even distinguish the wooden foot-bridge that here crossed the river, until he was close up to it.

Hesitatingly he stepped upon the shaky structure. The bridge was scarcely two foot broad, its balustrade was rotten and the footway slippery. Over on the other side a solitary light, a lantern, was struggling against wind and fog; its reflection swayed uncertainly on the soaking bridge; when it suddenly flared up in the wind, its flickering, red light revealed for a moment the angry, swollen flood.

Berger stood still irresolutely; the place was so desolate, so uncanny; should he stay any longer? Then suddenly a low cry escaped him and he darted forward a step. The lantern opposite had just flared up and by its reflection he had seen a man approach the bridge and step upon it. It seemed to Berger as if this were Sendlingen, but he did not know for certain, as the lantern was again giving only the faintest glimmer.

The man approached nearer, slowly, and with uncertain step, groping for the balustrade as he came. Once more the lantern flared up--there was the long Inverness, the gray hat--Berger doubted no longer.

"Victor!"

He would have shouted at the top of his voice, but the word passed over his lips huskily, almost inaudibly: he would have darted forward ... but could only take one solitary step more, so greatly had the weirdness of the situation overpowered him.

Sendlingen did not perceive him: he stopped scarcely ten paces from his friend and bent over the balustrade. Resting on both arms, there he stood, staring at the wild and turbulent water.

Thus passed a few seconds.

Again the lantern flickered up, for a moment only it gave a clear light. Sendlingen had suddenly raised himself and Berger saw, or thought he saw, that the unfortunate man was now only resting with one hand on the railing, that his body was lifted up....

"Victor!"

In two bounds, in two seconds, he was beside him, had seized him, clasped him in his arms.

"George!"

Awful, thrilling was the cry--a cry for help?--or a cry of baffled rage?

Then Berger felt this convulsive body suddenly grow stiff and heavy--he was holding an unconscious burden in his arms.


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