CHAPTER XLIV
SENTENCE OF DEATH
And there, standing by the place of pleading, with his foot on the first step, I saw Dessauer, in his black doctorial gown, leaning reverently upon a long staff.
He made a courteous salutation to Duke Otho upon the high seat.
"I am a stranger, most noble Duke," he began, "and as such have no standing in this your High Court of Justice. But there is a certain courtesy extended to doctors of the law—the right of speech in great trials—in many of the lands to which I have adventured in the search of wisdom. I am encouraged by my friend, the most venerable prelate, Bishop Peter, to ask your forbearance while I say a word on behalf of the prisoner, in reply to that learned and most celebrated jurisconsult, Master Gerard von Sturm, who, in support of his cause, has spoken things so apt and eloquent. This is my desire ere judgment be passed. For in a multitude of councils there is wisdom."
He was silent, and looked at the Duke and his tool, Michael Texel.
They conferred together in whispers, and at first seemed on the point of refusing. But the folk began to sway so dangerously, and the voice of their muttering sank till it became a growl, as of a caged wild beast which has broken all bars save the last, and which only waits an opportunity to put forth its strength in order to shiver that also.
"You are heartily welcome, most learned doctor," said Duke Otho, sullenly. "We would desire to hear you briefly concerning this matter."
"I shall assuredly be brief, my noble lord—most brief," said Dessauer. "I am a stranger, and must therefore speak by the great principles of equity which underlie all law and all evidence, rather than according to the statutes of the province over which you are the distinguished ruler.
"The crime of witchcraft is indeed a heinous one, if so be that it can be proven—not by the compelled confession of crazed and tortured crones, but by the clear light of reason. Now there is no evidence that I have heard against this young girl which might not be urged with equal justice against every cup-bearer in the Castle of the Wolfsberg.
"The Duke Casimir died indeed after having partaken of the wine. But so may a man at any time by the visitation of God, by the stroke which, from the void air, falleth suddenly upon the heart of man. No poison has been found on or about the girl. No evil has been alleged against her, save that which has been compelled (as all must have seen) by torture, and the fear of torture, from the palsied and reluctant lips of a frantic hag."
"Hear him! Great is the Stranger!" cried the folk in the hall. And the shouting of the guards commanding silence could scarce be heard for the roar of the populace. It was some time before the speech of Dessauer was again audible.
Ho was beginning to speak again, but Duke Otho, without rising, called out rudely and angrily:
"Speak to the reason of the judges and not to the passions of the mob!"
"I do indeed speak from the reason to the reason," said Dessauer, calmly; "for in this matter there is no true averment, even of witchcraft, but only of the administration of poison—which ought to be proven by the ordinary means of producing some portion of the drug, both in the possession of the criminal and from the body of the murdered man. This has not been done. There has been no evidence, save, as I have shown, such as may be easily compelled or suborned. If this maid be condemned, there is no one of you with a wife, a daughter, a sweetheart, who may not have her burned or beheaded on just as little evidence—if she have a single enemy in all the city seeking for the sake of malice or thwarted lust to compass her destruction.
"Moreover, it indeed matters little for the argument that this damsel is fair to the eye. Save in so far as she is more the object of desire, and that when the greed of the lustful eye is balked" (here he paused and looked fixedly between his knees), "disappointment oft in such a heart turns to deadly poison. And so that which was desired is the more bitterly hated, and revenge awakes to destroy.
"But if beauty matters little, character matters greatly. And what, by common consent, has been known in the city concerning this maid?
"I ask not you, Duke Otho, who have lived apart in your castle or in far lands, a stranger to the city like myself. But I ask the people among whom, during all these; past months of the plague, she has dwelt. Is she not known among them as Saint Helena?"
"Aye," cried the people, "Saint Helena, indeed—our savior when there was none to help! God save Saint Helena!"
Dessauer waved his hand for silence.
"Did she not go among you from house to house, carrying, not the poison-cup, but the healing draught? Was not her hand soft on the brow of the dying, comfortable about the neck of the bereaved? Day and night, whose fingers reverently wrapped up the poor dead bodies of your beloved? Who quieted your babes in her arms, fed thorn, nursed them, healed them, buried them—wore herself to a shadow for your sakes ?"
"Saint Helena!" they cried; "Saint Helena, the angel of the Red Tower!"
"Aye," said Dessauer, in tones like thunder, "hear their voices! There are a thousand witnesses in this house untortured, unsuborned. I tell you, the guilt of innocent blood will lie on you, great Duke—on you counsellors of evil things, if you condemn this maid. Your throne, Duke Otho, shall totter and fall, and your life's sun shall set in a sea of blood!"
He sat down calm and fearless as the Duke raged to Michael Texel, as I think, desiring that the fearless pleader could be seized on the instant, and punished for his insolence. But as the folk shouted in the hall, and the thunder of cheering came in through the open windows from the great concourse without, Michael Texel calmed his master, urging upon him that the temper of the people was for the present too dangerous. And also, doubtless, that they could easily compass their ends by other means.
I saw Texel despatch a messenger to the lictors who stood on either side of Helene. The body-guard of the Duke stood closer about her as the Duke Otho himself stood up to read the sentence.
I saw that the form of it had been written out upon a paper. Doubtless, therefore, all had been prearranged, so that neither evidence nor eloquence could possibly have had any effect upon it.
"We, the Court of the Wolfmark, find the prisoner, Helene, called Gottfried, guilty of witchcraft, and especially of compassing and causing the death of our predecessor, the most noble Duke Casimir, and we do hereby adjudge that, on the morning of Sunday presently following, Helene Gottfried shall be executed upon the common scaffold by the axe of the executioner. Of our clemency is this sentence delivered, instead of the torture and the burning alive at the stake which it was within our power to command. This is done in consideration of the youth of the criminal, and as the first exercise of our ducal prerogative of high mercy."
With an angry roar the people closed in.
"Take her!" they cried; "rescue her out of their hands!"
And there was a fierce rush, in which the outer barriers were snapped like straw. But the lictors had pulled down the trap-door on the instant, and the people surged fiercely over the spot where a moment before Helene had stood. Before them were the levelled pikes and burning matches of the Duke's guard.
"Have at them!" was still the cry. "Kill the wolves! Tear them to pieces!"
But the mob was undisciplined, and the steady advance of the soldiers soon cleared the hall. Nevertheless the streets without continued angry and throbbing with incipient rebellion. Duke Otho could scarce win scathless across the court-yard to his own apartments. Tiles from the nearest roofs were cast upon the heads of his escort. The streets were impassable with angry men shaking their fists at every courier and soldier of the Duke. Women hung sobbing out of the windows, and all the city of Thorn lamented with uncomforted tears because of the cruel condemnation of their Saint of the plague, Helena, the maiden of the Red Tower.