The senators put their heads together without coming to any definite conclusion as to whether the lad was a fool or a desperate villain. As it was customary, however, in those days to cast the insane into the same dungeon as thieves and murderers, Jörg Muckenhuber was put in safe keeping in the tower, and the business was getting under way in a most correct manner, whatever further details might be brought to light.
The executioner, the parson, and the barber, who went in turn to visit the prisoner and sound him each in his own way, declared with one voice that the fellow was rough and uncared for, but that his mind was very clear, and that there was no gainsaying him in his confession.
Meanwhile the news was scattered through town, and the good citizens had lively quarrels as to whether a person could be hanged upon the strength of his mere confession and urgent demand, even though there was no further proof of the deed of which he accused himself; for nowhere was there to be found a trace of the travelling pedlar and the murder perpetrated on him.
And when Muckenhuber was taken out, well guarded and followed by a curious crowd, to show them the exact spot where he had murdered the pedlar and buried his corpse, he managed to confuse and puzzle his judges by fine-spun evasions and equivocations, but there was no actual evidence of the crime to be found. The prisoner, however, clung with tenacity to his previous declaration, that he had murdered the pedlar upon the precincts of Nördlingen, and must therefore be hanged on the Nördlingen gallows.
Although German burghers of provincial towns were as well accustomed to highly-spiced criminal dramas in those days as they were to their daily bread, the sensation about this unusual case grew from day to day; especially was the reply of the Augsburg and Kaufbeuern magistrate anxiously looked forward to, to whom the acts had been submitted with a neighbourly request to have inquiries made concerning the murder said to have been perpetrated between those two towns upon a foreign Jew. But here too there was not a vestige of a Jew or a murder to be found.
But in the scrupulous proceedings of the sixteenth century, confession of crime was considered a proof by far superior to any other, and so the judges refused to be satisfied, the more so as the prisoner continued to bring forth reasons to explain the absence of all testimony.
It was deemed best to fall back upon that most unrelenting test of truth, the rack. How often had people who objected to being criminals been tortured into a confession; why should it not be possible to reverse the method and torture a man, who had set his mind on being a criminal, into a confession of his innocence?
But in the torturing-chamber the senate of Nördlingen got out of the frying-pan into the fire. For when the thumb-screws were applied Jörg Muckenhuber persisted in piping his old song, and when the effect was heightened by forcing him into the Spanish boots, he proceeded at once to add to his original offence by confessing a list of robberies, each of which alone would have brought him to the gallows. The inquisitor had also a ride upon the sharp-edged ass upon his programme, but fearing lest the invincible Jörg should add two or three cases of arson into the bargain he did not press the point, and the triumphant rogue was conducted back into his dungeon, while the senate was writhing in an agony of impotent rage.
To the more sagacious it became more and more evident that Jörg Muckenhuber was making game of the town authorities, but at the same time a joke of such ghastly grimness was unprecedented. Then too, no one could hit upon a possible motive why the churlish fellow should subject his neck to the rope and his limbs to the rack with an amount of courage and power of will that was worthy of a better cause. This seemed too much for the most vicious facetiousness. Moreover, not only the acknowledged crime but the whole person of this Muckenhuber seemed to have sprung up out of the ground over-night as it were. For his sudden appearance in Nördlingen was surrounded with as much mystery as his crime. There were some who confidentially affirmed that he was the devil, who was out for a lark and had chosen this method of twitting the whole of Nördlingen by the nose.
However, this did not help solve the difficult question of what was to be done with the vagabond.