The first idea was that in the minds of the magistrates. They were prepossessed with it. They saw nothing that could militate against it. Moreover, the Count was Chamberlain at Court, a favourite of the sovereign and much liked by the princes, also a man generally respected. Unquestionably this had something to do with the hasty and superficial manner in which the examination was gone through. The magistrates desired to have the tragedy hushed up.
A little consideration shows that the theory of accident was untenable. The candles were on the chiffonier, and no traces of candlesticks were found on the spot where the fire had burned. Moreover, the appearance of the secretaire was against this theory. The writing-desk and table consisted of a falling flap, on which the Countess wrote, and which she could close and lock. Above this table were several small drawers which contained her letters, receipted bills, and her jewelry. Below it were larger drawers. The upper drawers were not completely burnt; on the other hand, the lower drawers were completely consumed, and their bottoms and contents had fallen in cinders on the floor beneath, which was also burnt through to the depth of an inch and a half to two inches. It was apparent, therefore, that the secretaire had been set on fire from below. Moreover, there was more charcoal found under it than could be accounted for, by supposing it had fallen from above. Now it will be remembered that only the upper portion of the body was consumed. The Countess had not set fire to herself whilst writing, and so set fire to the papers on the desk. That was impossible.
The supposition that she had died of spontaneous combustion was also entertained by a good many. But no well-authenticated case of spontaneous combustion is known. Professor Liebig, when afterwards examined on this case, stated that spontaneous combustion of the human body was absolutely impossible, and such an idea must be relegated to the region of myths.
There remained, therefore, no other conclusion at which it was possible for a rational person to arrive who weighed the circumstances than that the Countess had been murdered.
The Magisterial Court of the city of Darmstadt had attempted to hush-up the case. The German press took it up. It excited great interest and indignation throughout the country. It was intimated pretty pointedly that the case had been scandalously slurred over, because of the rank of the Count and the intimate relation in which he stood to the royal family. The papers did not shrink from more than insinuating that this was a case of murder, and that the murderer was the husband of the unfortunate woman. Some suspicion that this was so seems to have crossed the minds of the servants of the house. They recollected his dilatoriness in entering the rooms of the Countess; the time that was protracted in idle sending for keys, and trying key after key, when a kick of the foot or a blow of the hammer would have sufficed to give admission to the room where she lay. It was well known that the couple did not live on the best terms. To maintain appearances before the world, they dined and occasionally supped together. They rarely met alone, and when they did fell into dispute, and high words passed which the servants heard.
The Countess was mean and miserly, she grudged allowing her husband any of her money. She had, however, made her will the year before, leaving all her large fortune to her husband for life. Consequently her death released him from domestic and pecuniary annoyances. On the morning after the death he sent for the agent of the insurance company with whom the furniture and other effects were insured and made his claim. He claimed, in addition to the value of the furniture destroyed, the worth of a necklace of diamonds and pearls which had been so injured by the fire that it had lost the greater part of its value. The pearls were quite spoiled, and the diamonds reduced in worth by a half. The agent refused this claim, as he contended that the jewelry was not included in the insurance, and the Count abstained from pressing it.
To the Count the situation became at length intolerable. He perceived a decline of cordiality in his reception at Court, his friends grew cold, and acquaintances cut him. He must clear himself of the charge which now weighed on him. The death of the Countess had occurred on June 13, 1847. On October 6, that is four months later, Count Goerlitz appeared before the Grand-Ducal Criminal Court of Darmstadt, and produced a bundle of German newspapers charging him with having murdered his wife, and set fire to the room to conceal the evidence of his crime. He therefore asked to have the case re-opened, and the witnesses re-examined. Nothing followed. The Court hesitated to take up the case again, and throw discredit on the magistrates' decision in June. Again, on October 16, the Count renewed his request, and desired, if this were refused, that he and his solicitor might be allowed access to the minutes of the examination, that they might be enabled to take decided measures for the clearing of the Count's character, and the chastisement of those who charged him with an atrocious crime. On October 21, he received a reply, "that his request could not be granted, unless he produced such additional evidence as would show the Court that the former examination was defective."
On October 25, the Count laid a mass of evidence before the Court which, he contended, would materially modify, if not absolutely upset the conclusion arrived at by the previous investigation.
Then, at last, consent was given; but proceedings did not begin till November, and dragged on till the end of October in the following year, when a new law of criminal trial having been passed in the grand-duchy, the whole of what had gone before became invalid, save as preliminary investigation, and it was not till March 4, 1850—that is, not till three years after the death of the Countess—that the case was thoroughly sifted and settled. Before the promulgation of the law of October, 1848, all trials were private, then trial by jury, and in public, was introduced.