The Chief Justice: A Novel

by Karl Emil Franzos

CHAPTER XI.

More than two weeks had passed 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 petition 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 assumed 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 assistance. 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 participators 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 petition 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 embarrassment. "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 fête 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.

"I shall move to Gratz," replied Sendlingen quickly; he had manifestly given utterance to a long-cherished resolve.

"Won't you be too lonely there?" objected Berger. "Why won't you go to Vienna? By the inheritance from your wife, you are a rich man who does not require to select the Pensionopolis on the Mur on account of its cheapness. In Vienna you have many friends, there you will have the greatest incitement to literary work, besides you may not altogether disappear from the surface. Your career is only forcibly interrupted but not nearly ended. A change of system, or even a change in the members of the Ministry, would bring you back into the service of the State, and, perhaps, to a higher position than the one you are now losing."

"My mind is made up. Brigitta is going to Gratz in a few days to take a house and make all arrangements."

They talked about other things, about the fête that had been arranged to-day. "I will accept the address," Sendlingen explained, "but not the banquet. I have not the heart for it." Berger vehemently opposed this resolution; he must force himself to put in an appearance at least for an hour; the fête had reference not only to himself personally, but to a sacred cause, the independence of Judges. All this he unfolded with such warmth, that Sendlingen at length promised that he would consider it.

The next morning the Vienna papers published the news of the measures taken with regard to Sendlingen, which they had learnt by private telegrams. A severe censorship hampered the Austrian press in those days; the papers had been obliged to accustom the public to read more between the lines than the lines themselves: and this time, too, they hit upon a safe method of criticism. As if by a preconcerted agreement, all the papers pronounced the news highly incredible; and that it was, moreover, wicked to attribute such conduct to the strict but just government which Austria enjoyed. A severer condemnation than this defence of the government against "manifestly malicious reports" could not easily be imagined, and the public understood it as it was intended.

In a moment, Sendlingen's name was in every mouth, and the investigation against the workmen the talk of the day, first in the capital, soon throughout the whole country.

A flood of telegrams and letters, inquiries and enthusiastic commendations, suddenly burst upon Sendlingen. Had there been room in his poor heart, in his weary tormented brain, for any lucid thought or feeling, he would now have been able, in the days of his disgrace, to have held up his head more proudly than ever. It was not saying too much when Berger told him that a whole nation was now showing how highly it valued him. But he scarcely noticed it and continued, dark and hopeless, to do his duty and to drag on the Sisyphus-task of his investigation in combat with both the police and the Crown lawyers.

Suddenly those hindrances ceased. When Sendlingen one morning entered his Chambers soon after the news of his deposal had appeared in the papers, he for the first time, for weeks, found no information of the police on the table. That might be an accident, but when there was none the second day, he breathed again. The Superintendent of Police at Bolosch was, the zealous servant of his masters; if he in twice twenty-four hours did not discover the slightest trace of high treason, there must be good reason for it. In the same way nothing more was heard from the Crown-Advocate.

"They have almost lost courage in the face of the general indignation!" cried Berger triumphantly. "Franz has just told me that Brigitta is to start the day after to-morrow for Gratz. Let her wait a few days, and so spare the old lady having to make the journey to Pfalicz by the very round about way of Gratz."

"You cannot seriously hope that," said Sendlingen turning away, and so Berger went into Brigitta's room later on to bid her good-bye.

The old lady was eagerly reading a book which she hastily put on one side as he entered. "I am disturbing you," he said. "What are you studying so diligently?"

"Oh, a novel," she replied quickly. Her eyes were red and she must have been crying a great deal lately.

"I thought perhaps it was a description of Gratz," said he jokingly. "It seems to me that you have a genuine fear of this weird city where life surges and swells so mightily!" And he attempted to remove her fears by telling her much of the quiet, narrow life of the town on the Mur.

While he was speaking, the book, which she had laid on her workbox, slid to the ground and he picked it up before she had time to bend down for it. It was a French grammar. "Great heavens!" he cried in astonishment. "You are taking up the studies of your youth again, Fräulein Brigitta?"

The old lady stood there speechless, her face crimson, as if she had been caught in a crime. "I have been told," she stammered, "that--that one can hardly get along there with only German."

"In Gratz?" Berger could not help laughing heartily. "Who has been playing this joke upon you? Reassure yourself. You will get along with the French in Gratz without any grammar." Still laughing, he said good-bye and promised to visit her in Gratz.

Meanwhile the excitement into which the press and the public were thrown by the "Sendlingen incident" grew daily. In Bolosch new proposals were constantly being made, to have the fête on a magnificent and uncommon scale. It did not satisfy the popular enthusiasm that the address to be presented was covered with thousands of signatures. A proposal was made in the town-council to call the principal street after Sendlingen: some of the prominent men of the town wanted to collect subscriptions for a "Sendlingen Fund" whose revenue should be devoted to such officers of the State as, like Sendlingen, had become the victims of their faithfulness to conviction; the gymnastic societies resolved upon a torch-light procession. The chairman of the Committee arranging the festivities--he was the head of the first Banking house of the town--was in genuine perplexity; he still did not know which acts of homage Sendlingen would accept and he sought Berger's interposition.

"Save me," implored the active banker. "People are pressing me and the Chief Justice is dumb. Yesterday I hoped to get a definite answer from him but he broke off and talked of our business."

"Business? What business?" asked Berger.

"I am just doing a rather complicated piece of business for him," answered the Banker. "I thought that you, his best friend, would have known about it. He is converting the Austrian Stock in which his property was hitherto invested, into French, English and Dutch stock, and a small portion of it into ready money."

"Why?" asked Berger in surprise. "He is going to stay in Austria?"

"So I asked," replied the Banker, "and received an answer which I had, willy nilly, to take as pertinent. For he is hardly to be blamed, if after his experiences, his belief in the credit of the State has become a little shaky."

Berger could not help agreeing with this, and therefore did not refer to it in his talk with Sendlingen. With regard to the fête he received a satisfactory answer. Sendlingen without any further hesitation, accepted the banquet and even the torch-light procession. Both were to take place on the 21st February, the last day of his term of office.

All this was telegraphed to Vienna and was bravely used by the papers. Even in Bolosch, they said, these melancholy reports, so humiliating to every Austrian, were not seriously believed; how long would the government hesitate to contradict them? The demand was so universal, the excitement so great, that an official notice of a reassuring character was actually issued. The government, announced an official organ, had in no way interfered with the investigation; that this was evident, the present position of the inquiry, now without doubt near a close, sufficiently proved. With regard, however, to Sendlingen's dismissal there was some "misunderstanding" in question.

As so often before, in the case of the like oracular utterances from a similar source, everybody was now asking what this really meant. Berger thought he had hit the mark and exultingly said to his friend: "Hurrah! they have now entirely lost their courage! They are only temporising so as not to have to admit that public opinion has made an impression upon them."

Sendlingen shrugged his shoulders. "It is all one to me, George," he said.

"Now--that I can understand," replied Berger warmly. "In a few months you will speak differently! When do you go to Vienna?"

Sendlingen reflected. "On the seventeenth I should say," he at length replied hesitatingly. "That is to say if Dernegg and I can really dismiss the workmen on the sixteenth as we hope to do."

This hope was realised; on the 16th February 1852, the workmen were released from prison. Their first step related to Sendlingen: in the name of all, Johannes Novyrok made a speech of thanks of which this was the peroration:

"We know well what we ought to wish you in return for all you have done for us: good-luck and happiness for you and for all whom you love! But mere good wishes won't help you, and we can do nothing for you, although every man of us would willingly shed his blood for your sake, and as to praying, my Lord, it is much the same thing--you may remember, perhaps, what I have already said to you on the subject. And so we can only say: think of us when you are in affliction of mind and you will certainly be cheered! You can say to yourself: 'I have lifted these people out of their misfortune and lessened their burden as much as I could,'--and you will breathe again. For I believe this is the best consolation that any man can have on this poor earth. God bless you! for you are noble and good, and what you do is well done, and sin and evil are far from you. A thousand thanks, my Lord. Farewell!"

"Farewell!" murmured Sendlingen, his voice choking as he turned away.

... On the next day, the 17th February, Sendlingen should have started by the morning train to Vienna; he had solemnly promised Berger to do so the evening before. The latter, therefore, was much alarmed when he accidentally heard, in the course of the afternoon, that Sendlingen was still in Chambers.

He hastened to him. "Why have you again put off going?" he asked impetuously.

Sendlingen had turned pale. "I have not been able to bring myself to it," he answered softly.

"And you know what is at stake!" cried Berger in great excitement, wiping the cold sweat from his forehead. "Victor, this is cowardice!"

"It is not," he replied as gently as before, but with the greatest determination. "If I had been a coward, I would long since have had the audience."

Berger looked at him in astonishment. "I do not understand you," he said. "It may be a sophism by which you are trying to lull your conscience, but it is my duty to rouse you. O Victor!" he continued with passionate grief, "you can yourself imagine what it costs me to speak to you in this way. But I have no option."

Sendlingen was silent. "I will talk about it later," he said. "Let me first tell you a piece of news that will interest you. I have received a letter from the Minister this morning.... You were right about their 'courage.'" He handed the letter to his friend. "The Minister reminds me that it is my duty, in consequence of the appointment made last November, to be in Pfalicz on the morning of the 1st March to take over the conduct of the Higher Court there."

"After all!" cried Berger. "And how polite! Do you see now that we liberals and our newspapers are some good? The Minister has no other motive for beating a retreat."

"Perhaps this letter, which came at the same time, may throw some light on it," observed Sendlingen taking up a letter as yet unopened. "It is from my brother-in-law. Count Karolberg!" He opened it and glanced at the first few lines. "True!" he exclaimed. "Just listen."

"You do not deserve your good fortune," he read, "and I myself was fully persuaded that you were lost. But it seems that the Minister talked to us more sharply than he thought, and that from the first he meant nothing serious. That he kept you rather long in suspense, proved to be only a slight revenge which was perhaps permissible. He meant no harm; I feel myself in duty bound to say this to his credit."

"And your brother-in-law is a clever man," cried Berger, "and himself a Judge! Does he not understand that this very explanation tells most of all against the Minister? Oh, I always said that it was another thoroughly Austrian----"

A cry of pain interrupted him. "What is this?" cried Sendlingen horror-struck and gazing in deadly pallor at the letter.

Berger took the letter out of his trembling hands, in the next instant he too changed colour. His eyes had lit upon the following passage.

"When do you leave Bolosch? I hope that the last duty that you have to do in your office, will not affect your soft heart too much. Certainly it is always painful to order the execution of a woman, and especially such a young one, and perhaps you can leave the arrangements for the execution to your successor who fortunately is made of sterner stuff."

The letter fell from Berger's hands. "O Victor----" he murmured.

"Don't say a word," Sendlingen groaned; his voice sounded like a drowning man's. "No reproaches!--Do you want to drive me mad."

Then he made a great effort over himself. "The warrant must have come already," he said, and he rang for the clerk and told him to bring all the papers that had arrived that day. The fatal document was really among them; it was a brief information to the Court at Bolosch stating that the Emperor had rejected the petition for pardon lodged by Counsel for the defence, and that he had confirmed the sentence of death. The execution, according to the custom then prevailing, was to be carried out in eight days.

"I will not reproach you," said Berger after he had glanced through the few lines. "But now you must act. You must telegraph at once to the Imperial Chancellery and ask for an audience for the day after tomorrow, the nineteenth, and to-morrow you must start for Vienna!"

"I will do so," said Sendlingen softly.

"You must do it!" cried Berger, "and I will see that you do. I will be back in the evening."

When Berger returned at nightfall, Franz said to him in the lobby: "Thank God, we are going to Vienna after all!" and Sendlingen himself corroborated this. "I have already received an answer; the audience is granted for the nineteenth. I have struggled severely with myself," he then added, and continued half aloud, in an unsteady voice, as if he were talking to himself; "I am a greater coward than I thought. However fixed my resolve was, my courage failed me--and so I must go to Vienna."

Berger asked no further questions, he was content with the promise.