The Chief Justice: A Novel

by Karl Emil Franzos

CHAPTER XIV.

Three years had passed, it was the summer of 1856. Bright and hot, the June sun shone upon the Valley of the Rhine ripening the vineyards that hung upon its rocky declivities. The boat steaming down the Valley from Mayence to the holy city of Cologne, had its sheltering awning carefully stretched over the deck, and all went merrily on board, merrily as ever. More beautiful landscapes there may be in the world, but none that make the heart more glad. And so thought two grave-looking men who had come aboard at Mayence that morning. They had come from Austria, and were going to London; they did not want to miss the opportunity of seeing the beautiful river, but at the beginning of the journey they made but a poor use of the favourable day. They sat there oppressed and scarcely looking up, consulting together about the weighty business that lay on their shoulders. But an hour later, when they got into Nassau, they yielded to the charm of the scenery, and as they glided by Rüdesheim, they began to consider whether, after all, the Rhine was not the proper place to drink Rhine-wine, and when they passed the Castle called the Pfalz at Caub, they first saw this venerable building through their spectacles, and then through the green-gold light of the brimming glasses they were holding to their eyes.

These two men were Dr. George Berger of Bolosch and a fellow barrister from Vienna. They had a difficult task to perform in London. One of the largest iron-foundries in Austria, that at Bolosch, had got into difficulties, and an attempt to stave off bankruptcy had failed, less from the action of the creditors, than from the miserable red-tapism of the Chief Justice of Bolosch, Herr von Werner. The foundry, which employed thousands of men, would be utterly ruined if it did not succeed in obtaining foreign capital. With this object, these two representatives of the firm were making their way to England.

On the Rhine, everybody forgets their cares and this was their good-fortune too. And so greatly had the lovely river, which both now saw for the first time, taken possession of their hearts, that they could not part company with it even at Cologne, where most people went ashore. They resolved to continue the journey by the river as far as Arnhem, and they paced up and down the now empty deck cheerfully talking in the cool of the evening. No mountains, no castles, were any longer reflected in the stream, but the look of its shores was still pleasant, and when they saw the light of dying day spread its rosy net over the broad and swiftly flowing waters, they did not repent their resolve, and extolled the day that had ended as beautiful as it had begun.

The shades of evening fell, the banks of the river grew more and more flat and bare, factories became more and more plentiful, and behind Dusseldorf, they saw the red glare of countless blast-furnaces, brightly glowing in the dark.

This sight reminded them of their task.

"Who knows," sighed Berger's friend Dr. Moldenhauer, "how soon these fires at home may not be extinguished! And why? Because of the narrow-mindedness of one single man. Nothing in my life ever roused my indignation more than our dealings with your Chief Justice! What pedantry! what shortsightedness! Now his predecessor, Baron Sendlingen, was a different sort of man!"

Berger sighed deeply. "That he was!" he replied.

"The Werners stay, the Sendlingens go," continued Dr. Moldenhauer. "And they are allowed to go cheerfully, nay, even forced to go! At least it was generally said that, when Baron Sendlingen suddenly retired a few years ago, it was not on account of heart-disease, as officially reported, but because he had had a difference with the Minister of Justice. The regret at this was so great that His Excellency had to hear many a reproach."

"Perhaps unjustly for once," said Berger, heavy at heart.

"I don't think so," cried Moldenhauer. "Sendlingen certainly went away in deep dudgeon, otherwise he would not have renounced his pension and then left Austria for ever. Even his brother-in-law, Count Karolberg, does not know where he has gone. You were very intimate with him, do you know?"

"No!"

"Count Karolberg thinks he may have died suddenly in some of his travels abroad."

"That too is possible," answered Berger shortly; he was anxious to drop the subject.

But Moldenhauer stuck to his theme. "What a thousand pities it is!" he continued. "How great a lawyer he was, his last work, 'On Responsibility and Punishment in Child-murder,' which appeared anonymously some three years ago, most clearly shows--You know the book of course."

"Yes," said Berger, "but I doubt whether it is by Sendlingen." This was an untruth, he had never doubted it.

"It is attributed to other writers as well," replied Dr. Moldenhauer, "but his brother-in-law is convinced that it is by him. He says he recognised the style and also some of the thoughts, which Sendlingen explained to him in conversation. Whoever the author may be, he need not have concealed his identity. The work is the finest ever written on this subject and has made a great sensation. It is chiefly owing to its influence, that our new penal code so definitely emphasizes the question of unsoundness of mind in such crimes, and has so materially lessened the punishment for them."

He talked for a long time of the excellencies of the work, but Berger hardly heard him, and was silent and absent-minded for the rest of the evening. When Moldenhauer retired to his cabin for the night, Berger still remained on deck; he was fascinated, he said, by this wondrous spectacle of the night.

And indeed the aspect of the scene was strange enough and not without its charm. The moon-light lay in a faint glimmer on the stream that here, having almost poured forth its endless waters, was slowly flowing with a gentle murmur towards its grave, the vast sandy plain of the sea. On the level shores, the dim light showed the distant, dusky outlines of solitary high houses and windmills, and then again came blast-furnaces, smoking and flaming, denser and denser was the forest of them the further the boat glided on, and, here and there, where one stood close to the shore, it threw its blood-red reflex far on to the waters reaching almost to the boat, so that its lurid light and the faint lustre of the celestial luminary, seemed to be struggling for the mastery of it.

The lonely passenger on the deck kept his eyes riveted on the scene, but his thoughts were far away. His recent conversation had powerfully stirred up the memory of his unhappy friend.

Since that last letter he had received no line, no sign or token of any sort from him. Why? he asked himself. From mistrust? Impossible. From caution? That would be exaggerated; the writing on the envelope would not betray to any meddlesome person in what corner of the earth he had buried himself with his child. Besides he had no need to be apprehensive of any inquiry; no one knew of his child, Victorine Lippert's escape from prison had never been cleared up, the investigation had soon after been discontinued without result. The Governor of the Prison had been reprimanded for want of care in searching the cell, the little door in the wall had been bricked up, so that Herr von Werner had never been able to make use of the arrangement which he had thought so "ingenious"--those were the only consequences. Among the prison officials as among the lower classes, the opinion was sometimes expressed that it was Count Riesner-Graskowitz who had liberated his sweetheart, but this was not believed in higher circles; against Sendlingen, however, there was never the slightest breath of suspicion. Sendlingen himself must know this well enough, otherwise he would not have dared to let his book appear, that curious work in which every reader might perceive beneath the stiff, solid legal terminology, the beatings of a deeply-moved heart. He had not put his name to it, but he must have known that his name would rise to the lips of anyone who had carefully read his earlier writings.

If he had not feared this, he might well have ventured upon a letter. If he was none the less silent, it must be because he preferred to be silent. Had he, perhaps, thought Berger, not had the courage to take that second step, had he perhaps renounced the intention and was now ashamed to confess it? That would be superfluous anxiety indeed. Is there a man in the wide world, who would have the heart to blame him for this?

Or was he silent because he could speak no more? The thought had never entered his head before; now in this lonely hour of night it overmastered him. Of course, his brother-in-law was right, he had died a sudden death and now slept his last sleep somewhere in a strange land and under a strange name. And if that were so, would it be cause for complaint? Would not Death have been a deliverer here?

Softly murmuring, the waters of the river glided on, not a sound came from its banks; in deep and solemn stillness, night lay upon the land and waters. The solitary figure on deck alone could find no rest, and the early dawn was trembling in the East over the distant hills of Guelderland, ere he at length went in search of sleep.

He had scarcely rested a couple of hours when the steward knocked at his cabin-door--the passengers were to come on deck, the boat was approaching Lobith, on the Dutch frontier, where the luggage had to be examined.

The two travellers answered to the call. The steamer was already nearing the shore by the landing stage of the village of which the custom-house seemed the only inhabitable building. The Dutch Customs officers in their curious uniforms came on deck.

The were speedily finished with the luggage of the two lawyers, as also with that of the few other passengers. On the other hand four mighty trunks, which the Captain had with him, gave them much trouble. They were full throughout of things liable to duty: new clothes, linen, lace and articles of luxury. They required troublesome measuring, weighing and calculation. Half an hour had passed, and scarcely the half had been gone through.

"We shall miss the train at Arnhem," said Berger turning impatiently to the Captain. "We must be in London to-morrow, you are responsible for the delay."

"I shall make up the time by putting on steam," he reassuringly said in his broad Cologne dialect. "Excuse me, Sir, but I did not imagine that women's finery would take up so much time."

"You are getting a trousseau for a daughter, I suppose."

"God forbid! Thank Heaven, I am unmarried. I have, out of pure goodnature, brought these things for someone else from Cologne and undertaken to pay the duty for him. It is the most convenient thing to him, though certainly not to me. But what would one not do for a compatriot. He is a Herr von Tessenau."

"Tessenau?" The name seemed familiar to Berger, but he could not remember where he had heard or read it.

"Yes, that is his name," said the captain. "He comes from Bavaria, and is said to have been in the diplomatic service. He is now living with his daughter at Oosterdaal House near Huissen, the station before Arnhem. I know both of them well, they sometimes use my boat for the journey to Arnhem, and as they are such nice people, I could not refuse them this service. The wedding, which is to take place the day after to-morrow, would otherwise have had to be postponed--ask women and lovers."

"So Fräulein von Tessenau is the happy bride?"

"The daughter of the old gentleman, yes--but she is a 'Frau,' a young widow. Her name is von Tessenau, because she was married to a cousin. It seems that she lost her husband after a brief married life, for she is still very young, scarcely twenty-two. A beautiful, gentle lady and still looks quite girlish. But I must hurry up these easy-going Mynheers."

He turned to the Customs officers and paid them the required duty. They left the steamer which now began to proceed at a much greater speed.

Notwithstanding this, Moldenhauer was pacing up and down excitedly, now and then consulting timetables and pulling out his watch every five minutes. It was another cause that robbed Berger of calm. "If it should be they?" The thought returned to him however often he might say: "Nonsense! an old father and a young daughter--the conjunction is common enough--and I know nothing else about them. That I must often have heard the name Tessenau tells rather against the supposition--for Sendlingen would hardly have chosen the name of some Austrian family for his pseudonym!"

Still his indefinite presentiment gave him no rest, and he at length went up to the captain! "I once," he began, "knew a family of von Tessenau, and would be very pleased if I were perhaps unexpectedly to come across them here. The old gentleman, you say, comes from Bavaria?"

"Yes, you must certainly be a countryman of his?"

"No. I am an Austrian."

"Then the two dialects must be very much alike for you speak just like him. That he comes from Bavaria I know for certain. Herr Willem van der Weyden told me so quite recently, and he must surely know, as he is to become his son-in-law."

"Who is the bridegroom?"

"A capital fellow," replied the captain. "A man of magnificent build--no longer young, somewhere in the forties I should say, but stately, brave and capable--all who know him, praise him. He holds a high position in Batavia, he is manager of the Java Mines. Some ten months ago he came back to Europe, after a long absence, on a year's furlough: to find a wife, people say. None seemed to please him however. Then he came to Arnhem where his brother is settled, and in an excursion in the country about, he accidentally got to know the young Frau von Tessenau at Oosterdaal House, and fell in love with her. There seemed at first to be great obstacles in the way; at all events he was always very melancholy when he rode on my boat from Arnhem to Huissen. Well one day he was very happy, the betrothal was solemnized, and now the wedding is to come off. Yes," added the Captain pleasantly, "when one is everlastingly taking the same journey, one gets to know people by degrees and kills time by sharing their joys and sorrows."

"And is Herr van der Weyden going back to Java again?"

"Yes, in a month from now, when his furlough will be up. He is naturally going to take his young wife with him, and the old gentleman is going to join them too. He has no other relations. The father and daughter lived hitherto in great retirement with an old house-keeper and an equally old man-servant. But if you are interested in the family, come and look over when we get to Huissen. The old man-servant at least, will be at the landing-stage to receive the trunks, and perhaps Herr von Tessenau himself."

"Do you know what the man-servant is called?" Berger's voice trembled at this question.

"Franz is his name."

The captain did not notice how pale Berger had become, how hastily he turned away. "No more room for doubt," he thought. But the doubt did rise again. That some details agreed, might only be a coincidence, and the name of the man-servant--such a common name--was not sufficient proof. Besides how much was against the supposition! It was inconceivable that Sendlingen should have deceived his future son-in-law and passed off Victorine as a widow! "It would be outrageous to impute such a thing to him!" he thought.

With growing impatience, he looked out for the landing-stage, the steamboat had long since left the river and was steaming along the narrow Pannerden Canal. The monotonous, fruitful, thoroughly Dutch landscape extended far and wide; rich meadows on which cattle were pasturing; narrow canals, on which heavily laden boats drawn by horses on the banks, slowly made their way; on the horizon a few windmills lazily turned by their large sails. At length a few large, villa-like buildings came in sight.

"That is Huissen," said the Captain. "We will see who is at the landing-stage." He produced a telescope. "Right, there is the man-servant," he said, handing Berger the telescope. "See if you know the man."

Berger only held the glass to his eye for a second and then handed it back to the Captain.

"No," he said, "I don't know him, it must be another family of von Tessenau."

He went down to the cabin and stayed there, till the boat had got well beyond the landing-stage.

It had been Franz.

Berger had to stay in London a week before his task was done. He left the completion of the agreement to his colleague, and began his journey home. At first he intended to go by Dover and Calais. But at the station in London he was overcome by his feelings; he could not let his friend depart forever without seeing him again. He went back by Holland, and the next day was in Arnhem.

Not until he was in the carriage which he had hired to take him to Oosterdaal, was he visited by scruples, the same sort of feeling which a week before had kept him from remaining on the deck of the steamer. Was it not indelicate and selfish to gratify his own longing at the price of deeply and painfully stirring up his friend's heart? Sendlingen did not wish to see him again, otherwise he would have written and told him of his whereabouts. And what would he not feel if he was so suddenly reminded of the fatality of his life, if his wounds were suddenly torn open again just as they were beginning to heal? And when Berger thought of Victorine, he altogether lost courage to continue the journey. Unfriendly,--nay it would be cruel, inhuman, to remind the newly-married girl of the misery of the past, and to plunge her in fatal embarrassment.

The roof of the house was already visible in the distance above the tops of the trees, when these reflections overmastered Berger. "Stop, back to Arnhem!" he ordered the driver.

But that could not be done at once; the horses would have to be fed first, explained the driver. The carriage proceeded still nearer the house, and stopped at a little friendly-looking inn opposite the entrance to the avenue of poplars which led up to the door. While the driver drove into the yard, the landlady suggested to Berger to take the refreshment he had ordered in front of the house. This, however, he declined and entered the inn-parlour. His remorse increased every minute, and he feared to be seen, if by chance one of the occupants of the house went by.

Sighing deeply, he looked out of the window at the driver leisurely unharnessing his horses. The landlady, a young, plump, little woman, tried to console him by telling him he would not have to wait more than an hour. She spoke in broken German; she had been maid to the young German lady up at the house, she said, and had learnt the language there. They were kind, good people at Oosterdaal, the driver had told her that the gentleman was going to have driven there, why had he given up the idea? They would certainly be very glad to see a countryman again, even if he were only a slight acquaintance. No German had ever come to see them, not even at the wedding. The festivities had altogether been very quiet, but very nice. Had the gentry no relations in Germany then?

"How can I tell you," replied Berger impatiently. "I don't know them."

"Indeed?" she asked astonished. "Then I suppose you have come to buy the house?" Several people had been with that intention, she added, but Herr von Tessenau had already made it over to his son-in-law, and he to his brother, Herr Jan van der Weyden. In a fortnight they were all going to Batavia. The Housekeeper, Fräulein Brigitta, too, and the old German man-servant. "But won't you go up to the house after all?" she asked again. Before he could answer, however, she cried out: "There they come!" and flew to the window.

A carriage went by at a leisurely trot. "Do come here," cried the landlady. Berger had retired deeper into the room, but he could still plainly see his friend. Sendlingen was looking fresher and stronger than when he saw him last; but his hair had the silver-white hue of old age, although he could hardly have reached the middle of the fifties. But in the young, blooming, happy woman at his side, Berger would scarcely have recognized his once unfortunate client, if he had met her under other circumstances. She was just laughingly bending forward and straightening the tie of her husband opposite her. The stately, fair-haired man smilingly submitted to the operation.

"How happy they are!" cried the landlady. "But they deserve it. Why the carriage is stopping," she cried, bending out of the window. "What an honour, they are going to come in."

Berger turned pale. But in the next instant he breathed again: the carriage drove on. "Oh, no!" cried the landlady, "only Franz has got down! Good day!" she cried to the old man as he went by. "A glass of wine!"

"No," answered Franz. "I am only to tell you to come up to the house. But for the matter of that as I am here----"

Then Berger heard his footsteps approaching on the floor outside; the door was opened. "Well, a glass of----" he began, but the words died on his lips. Pale as death, he started back and stared at Berger as if he had seen a ghost.

"It is I, Franz," said Berger, himself very pale. "Don't be afraid--I only want----"

"You have come to warn us?" he exclaimed, trembling all over as he approached Berger. "It is all discovered, is it not?"

"No!" replied Berger. "Why, what is there to discover?"

He made a sign to draw Franz's attention to the landlady, who was inquisitively drinking in the scene.

"I am glad to see you," he said meaningly. "I am going to continue my journey at once."

"Excuse me, Marie," said Franz, turning to her, "but I have something to say to this gentleman. He is an old acquaintance."

"After all!" she cried, and left the room shaking her head.

"She will listen," whispered Berger. "Come here, Franz, and sit beside me."

"Oh, how terrified I am," he replied in the same whisper. "So people suspect nothing? It would have been frightful if misfortune had come now, now, when everything is going so well. Certainly my fears were foolish; how should it be found out? We had arranged everything with such care: even the duplicate keys were not made at Bolosch, but at Dresden, where Brigitta was waiting for us."

"Enough!" said Berger, checking him. "I don't wish to know anything about it. How has Baron Sendlingen been since?"

"Bad enough at first!" replied Franz. "We did not eat, nor sleep, and we fell into a worse decline than at Bolosch--but it was perhaps less from the fear of discovery than from remorse. And yet we had only done, what had to be done--isn't that so, Dr. Berger?"

Berger looked on the ground and was silent. Old Franz sighed deeply. "If even you--" he began, but he interrupted himself and continued his story. "Gradually we became calmer again. Fear vanished though remorse remained, but for this too there was a salve in seeing how the poor child blossomed again. Then we began to write a book. It deals with the punishment of--h'm. Dr. Berger----"

"I know the work," said Berger.

"Indeed? We did not put our name to it. Well, while we were working at the book, we forgot our own sorrow, and later on, after the work had appeared and all the newspapers were saying that it would have great influence, there were moments when we seemed happy again. Then came this business with the Dutchman, and we got as sad and despairing as ever. But we took courage and told the man everything; our real name, and that we were only called von Tessenau here----"

"How did he come by this name?" asked Berger. "It sounds so familiar to me."

"Probably because it is one of the many titles of the family. Tessenau was the name of an estate in Carinthia, which once belonged to the family. We were obliged to choose this name, because on settling here it was necessary to prove our identity to the police. Well, we confessed this to Herr Willem and also what the young lady's plight was----"

Berger gave a sigh of relief.

"We said to him: she is not called von Tessenau because she was married to a cousin, but because we adopted the name here with the proper formalities. She was never married, she was betrayed by a scoundrel. That we said no more, nothing of the deed that brought her to prison, nothing of the way she was released--that, Dr. Berger, is surely excusable."

"Of course!" assented Berger. "And Herr van der Weyden?"

"Acted bravely and magnanimously, because he is a brave and magnanimous man, God bless him! He made her happy, her and himself. And now at length we got peace of heart once more. We are going to Batavia. May it continue as heretofore!"

"Amen!" said Berger deeply moved. "Farewell, Franz."

"You are not going up to the house?"

"No. Don't tell him of my visit till you are on the sea. And say to him that I will always think of him with love and respect. With respect, Franz, do not forget that!"

He shook hands with the old servant, got into his carriage, and drove back to Arnhem.