The official answered in a pleasant, joking way that the danger was certainly not very great, adding that the soldiers were not to incommode him in any way. Kohlhaas replied, seriously, that on his arrival in Dresden the Prince of Meissen had left it to his own choice whether he would make use of the guard or not, and as the clerk seemed surprised at this circumstance and with carefully chosen phrases reminded him that he had employed the guard during the whole time of his presence in the city, the horse-dealer related to him the incident which had led to the placing of the soldiers in his house. The clerk assured him that the orders of the Governor of the Palace, Baron Wenk, who was at that moment head of the police force, made it his duty to watch over Kohlhaas' person continually, and begged him, if he would not consent to the escort, to go to the Government Office himself so as to correct the mistake which must exist in the matter. Kohlhaas threw a significant glance at the clerk and, determined to put an end to the matter by hook or by crook, said that he would do so. With a beating heart he got down from the wagon, had the porter carry the children back into the corridor, and while his servant remained before the house with the wagon, Kohlhaas went off to the Government Office, accompanied by the clerk and his guard.

It happened that the Governor of the Palace, Baron Wenk, was busy at the moment inspecting a band of Nagelschmidt's followers who had been captured in the neighborhood of Leipzig and brought to Dresden the previous evening. The knights who were with the Governor were just questioning the fellows about a great many things which the government was anxious to learn from them, when the horse-dealer entered the room with his escort. The Baron, as soon as he caught sight of Kohlhaas, went up to him and asked him what he wanted, while the knights grew suddenly silent and interrupted the interrogation of the prisoners. When Kohlhaas had respectfully submitted to him his purpose of going to dine with the steward at Lockwitz, and expressed the wish to be allowed to leave behind the soldiers of whom he had no need, the Baron, changing color and seeming to swallow some words of a different nature, answered that Kohlhaas would do well to stay quietly at home and to postpone for the present the feast at the Lockwitz steward's. With that he turned to the clerk, thus cutting short the whole conversation, and told him that the order which he had given him with regard to this man held good, and that the latter must not leave the city unless accompanied by six mounted soldiers.

Kohlhaas asked whether he were a prisoner, and whether he should consider that the amnesty which had been solemnly promised to him before the eyes of the whole world had been broken. At which the Baron, his face turning suddenly a fiery red, wheeled around and, stepping close up to him and looking him in the eyes, answered, "Yes! Yes! Yes!" Then he turned his back upon him and, leaving Kohlhaas standing there, returned to Nagelschmidt's followers.

At this Kohlhaas left the room, and although he realized that the steps he had taken had rendered much more difficult the only means of rescue that remained, namely, flight, he nevertheless was glad he had done as he had, since he was now, on his part, likewise released from obligation to observe the conditions of the amnesty. When he reached home he had the horses unharnessed, and, very sad and shaken, went to his room accompanied by the government clerk. While this man, in a way which aroused the horse-dealer's disgust, assured him that it must all be due to a misunderstanding which would shortly be cleared up, the constables, at a sign from him, bolted all the exits which led from the house into the courtyard. At the same time the clerk assured Kohlhaas that the main entrance at the front of the house still remained open and that he could use it as he pleased.

Nagelschmidt, meanwhile, had been so hard pushed on all sides by constables and soldiers in the woods of the Ore Mountains, that, entirely deprived, as he was, of the necessary means of carrying through a rôle of the kind which he had undertaken, he hit upon the idea of inducing Kohlhaas to take sides with him in reality. As a traveler passing that way had informed him fairly accurately of the status of Kohlhaas' lawsuit in Dresden, he believed that, in spite of the open enmity which existed between them, he could persuade the horse-dealer to enter into a new alliance with him. He therefore sent off one of his men to him with a letter, written in almost unreadable German, to the effect that if he would come to Altenburg and resume command of the band which had gathered there from the remnants of his former troops who had been dispersed, he, Nagelschmidt, was ready to assist him to escape from his imprisonment in Dresden by furnishing him with horses, men, and money. At the same time he promised Kohlhaas that, in the future, he would be more obedient and in general better and more orderly than he had been before; and to prove his faithfulness and devotion he pledged himself to come in person to the outskirts of Dresden in order to effect Kohlhaas' deliverance from his prison.

The fellow charged with delivering this letter had the bad luck, in a village close to Dresden, to be seized with a violent fit, such as he had been subject to from childhood. In this situation, the letter which he was carrying in his vest was found by the persons who came to his assistance; the man himself, as soon as he had recovered, was arrested and transported to the Government Office under guard, accompanied by a large crowd of people. As soon as the Governor of the Palace, Wenk, had read this letter, he went immediately to the palace to see the Elector; here he found present also the President of the Chancery of State, Count Kallheim, and the lords Kunz and Hinz, the former of whom had recovered from his wounds. These gentlemen were of the opinion that Kohlhaas should be arrested without delay and brought to trial on the charge of secret complicity with Nagelschmidt. They went on to demonstrate that such a letter could not have been written unless there had been preceding letters written by the horse-dealer, too, and that it would inevitably result in a wicked and criminal union of their forces for the purpose of plotting fresh iniquities.

The Elector steadfastly refused to violate, merely on the ground of this letter, the safe-conduct he had solemnly promised to Kohlhaas. He was more inclined to believe that Nagelschmidt's letter made it rather probable that no previous connection had existed between them, and all he would do to clear up the matter was to assent, though only after long hesitation, to the President's proposition to have the letter delivered to Kohlhaas by the man whom Nagelschmidt had sent, just as though he had not been arrested, and see whether Kohlhaas would answer it. In accordance with this plan the man, who had been thrown into prison, was taken to the Government Office the next morning. The Governor of the Palace gave him back the letter and, promising him freedom and the remission of the punishment which he had incurred, commanded him to deliver the letter to the horse-dealer as though nothing had happened. As was to be expected, the fellow lent himself to this low trick without hesitation. In apparently mysterious fashion he gained admission to Kohlhaas' room under the pretext of having crabs to sell, with which, in reality, the government clerk had supplied him in the market. Kohlhaas, who read the letter while the children were playing with the crabs, would certainly have seized the imposter by the collar and handed him over to the soldiers standing before his door, had the circumstances been other than they were. But since, in the existing state of men's minds, even this step was likewise capable of an equivocal interpretation, and as he was fully convinced that nothing in the world could rescue him from the affair in which he was entangled, be gazed sadly into the familiar face of the fellow, asked him where he lived, and bade him return in a few hours' time, when he would inform him of his decision in regard to his master. He told Sternbald, who happened to enter the door, to buy some crabs from the man in the room, and when this business was concluded and both men had gone away without recognizing each other, Kohlhaas sat down and wrote a letter to Nagelschmidt to the following effect: "First, that he accepted his proposition concerning the leadership of his band in Altenburg, and that accordingly, in order to free him from the present arrest in which he was held with his five children, Nagelschmidt should send him a wagon with two horses to Neustadt near Dresden. Also that, to facilitate progress, he would need another team of two horses on the road to Wittenberg, which way, though roundabout, was the only one he could take to come to him, for reasons which it would require too much time to explain. He thought that he would be able to win over by bribery the soldiers who were guarding him, but in case force were necessary he would like to know that he could count on the presence of a couple of stout-hearted, capable, and well-armed men in the suburb of Neustadt. To defray the expenses connected with all these preparations, he was sending Nagelschmidt by his follower a roll of twenty gold crowns concerning the expenditure of which he would settle with him after the affair was concluded. For the rest, Nagelschmidt's presence being unnecessary, he would ask him not to come in person to Dresden to assist at his rescue—nay, rather, he gave him the definite order to remain behind in Altenburg in provisional command of the band which could not be left without a leader."

When the man returned toward evening, he delivered this letter to him, rewarded him liberally, and impressed upon him that he must take good care of it.

Kohlhaas' intention was to go to Hamburg with his five children and there to take ship for the Levant, the East Indies, or the most distant land where the blue sky stretched above people other than those he knew. For his heart, bowed down by grief, had renounced the hope of ever seeing the black horses fattened, even apart from the reluctance that he felt in making common cause with Nagelschmidt to that end.

Hardly had the fellow delivered this answer of the horse-dealer's to the Governor of the Palace when the Lord High Chancellor was deposed, the President, Count Kallheim, was appointed Chief Justice of the Tribunal in his stead, and Kohlhaas was arrested by a special order of the Elector, heavily loaded with chains, and thrown into the city tower. He was brought to trial upon the basis of this letter, which was posted at every street-corner of the city. When a councilor held it up before Kohlhaas at the bar of the Tribunal and asked whether he acknowledged the handwriting, he answered, "Yes;" but to the question as to whether he had anything to say in his defense, he looked down at the ground and replied, "No." He was therefore condemned to be tortured with red-hot pincers by knacker's men, to be drawn and quartered, and his body to be burned between the wheel and the gallows.