The Chief Justice: A Novel

by Karl Emil Franzos

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, there must--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! There must be--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."