CHAPTER XXX.
Landolin sat perfectly still, and looked at his hands. They had grown soft and white in prison. Only when a new witness was called, he raised his eyes and watched him narrowly.
The witnesses in favor of the accused spoke hesitatingly. They had seen Vetturi fall on a heap of paving-stones, but whether the stone that had been thrown had gone past him, that they could not say with certainty. The blacksmith, from the upper village, was the only one who was sure that he had seen it quite plainly.
"Take care you don't commit perjury," called out the prosecuting counsel. The lawyer for the defense arose in great excitement, and earnestly protested against this intimidation of the witness. Even the jurymen put their heads together, and whispered to one another. The presiding judge said politely, but with marked decision, to the youthful counselor, that he must leave such matters to him. The counsel for the defense did not let this incident escape him; but made quite a point of it, and it was some little time before matters moved on in their usual quiet way. When Anton was called, Landolin's counsel asked to have the district physician heard first, as he was obliged to leave immediately. But the doctor's testimony proved to be of no importance. Then Anton was called, and all eyes were fastened upon him.
The iron cross on his breast rose and fell, as he breathed deeply and rapidly.
To the preliminary question, as to whether he was related to the prisoner, he answered in a tremulous voice, but in well chosen words, that at the time of the accident he was betrothed to the daughter of the accused.
At this the government counselor moved that Anton should not be sworn, but the counsel for the accused insisted that he should be. The judges retired for consultation. They soon returned, and the presiding judge announced that Anton Armbruster was not to be sworn. He added, however, with impressiveness, that because of Anton's high character for honesty, he should confidently expect him to tell the truth, and the whole truth, with a clear conscience.
"That I will do," said Anton. Every one held his breath, and Landolin clutched the railing of the bench with both hands. Plainly and readily Anton said that it was his conviction that Landolin had not intended to kill Vetturi. Still, he could not say that he had seen the occurrence distinctly. He had just stepped through the gate, holding his betrothed's hand, and had no eyes for any one else.
He drew a long breath, and paused. The counsel for the defense asked him if he did not remember what he had said to Landolin, on his return from the unfortunate man's house. Anton replied that it was Landolin who had spoken, not he.
With soldierly precision he answered each question, and ended by saying that it could not be imagined that a man like Landolin, that a father, would willingly kill a man on the day of his daughter's betrothal.
Without looking toward Landolin, Anton returned to his seat, and when there, he did not look up. His eyes glistened, and his face burned.
When Tobias was called, he came forward with long strides, bowed to the judge, to the jury, and most deeply to his master. He then said, with the utmost assurance in his manner, that he would not have believed that the good-for-nothing Vetturi, who was too lazy to lift a sheaf of grain, could have been able to throw such a stone; but as good luck would have it, the stone had fallen just at his master's feet. Otherwise Vetturi would have been sitting in the prisoner's dock, and his master lying in the grave.
The government counselor tried to drive Tobias into a corner with questions, but he seemed prepared for everything, and gave smiling answers; and at last, even said pertly, that he, who had been there and seen it all, must know what happened better than the counselor.
Fidelis was then called. Some discussion arose as to whether he could be sworn; as he had been Landolin's servant at the time of the occurrence.
Landolin made a good impression by saying that Fidelis was a good fellow, and would say nothing against him out of spite.
At these words of his master, Fidelis seemed disconcerted for a moment, but he soon gave his testimony, briefly and succinctly; that Vetturi had not bent over and picked up a stone, but that his master had thrown one, and that it had seemed to him that it would hit his own head.
The counsel for the defense inquired if any one had spoken to the witness regarding what he had seen. Whereupon the government counsel rejoined that, if such questions were to be allowed, he should put the question whether Tobias had not endeavored to persuade Fidelis to testify otherwise.
"Must I answer?" asked Fidelis.
The presiding judge replied that he need answer neither question.
The examination of witnesses was now closed, and a pause ensued, during which there was a final arming of the forces upon both sides.
It had grown dark and candles were lighted in the court-room. They lit up first the judge's desk, then the jury, then Landolin and his counsel, and at last the spectators, of whom not one seemed to be missing; indeed their numbers had apparently increased.
It was damp and sultry in the room. The battle began.