Part 16 (1/2)

The iron cross on his breast rose and fell, as he breathed deeply and rapidly.

To the preliminary question, as to whether he was related to the prisoner, he answered in a tremulous voice, but in well chosen words, that at the time of the accident he was betrothed to the daughter of the accused.

At this the government counselor moved that Anton should not be sworn, but the counsel for the accused insisted that he should be. The judges retired for consultation. They soon returned, and the presiding judge announced that Anton Armbruster was not to be sworn. He added, however, with impressiveness, that because of Anton's high character for honesty, he should confidently expect him to tell the truth, and the whole truth, with a clear conscience.

”That I will do,” said Anton. Every one held his breath, and Landolin clutched the railing of the bench with both hands. Plainly and readily Anton said that it was his conviction that Landolin had not intended to kill Vetturi. Still, he could not say that he had seen the occurrence distinctly. He had just stepped through the gate, holding his betrothed's hand, and had no eyes for any one else.

He drew a long breath, and paused. The counsel for the defense asked him if he did not remember what he had said to Landolin, on his return from the unfortunate man's house. Anton replied that it was Landolin who had spoken, not he.

With soldierly precision he answered each question, and ended by saying that it could not be imagined that a man like Landolin, that a father, would willingly kill a man on the day of his daughter's betrothal.

Without looking toward Landolin, Anton returned to his seat, and when there, he did not look up. His eyes glistened, and his face burned.

When Tobias was called, he came forward with long strides, bowed to the judge, to the jury, and most deeply to his master. He then said, with the utmost a.s.surance in his manner, that he would not have believed that the good-for-nothing Vetturi, who was too lazy to lift a sheaf of grain, could have been able to throw such a stone; but as good luck would have it, the stone had fallen just at his master's feet.

Otherwise Vetturi would have been sitting in the prisoner's dock, and his master lying in the grave.

The government counselor tried to drive Tobias into a corner with questions, but he seemed prepared for everything, and gave smiling answers; and at last, even said pertly, that he, who had been there and seen it all, must know what happened better than the counselor.

Fidelis was then called. Some discussion arose as to whether he could be sworn; as he had been Landolin's servant at the time of the occurrence.

Landolin made a good impression by saying that Fidelis was a good fellow, and would say nothing against him out of spite.

At these words of his master, Fidelis seemed disconcerted for a moment, but he soon gave his testimony, briefly and succinctly; that Vetturi had not bent over and picked up a stone, but that his master had thrown one, and that it had seemed to him that it would hit his own head.

The counsel for the defense inquired if any one had spoken to the witness regarding what he had seen. Whereupon the government counsel rejoined that, if such questions were to be allowed, he should put the question whether Tobias had not endeavored to persuade Fidelis to testify otherwise.

”Must I answer?” asked Fidelis.

The presiding judge replied that he need answer neither question.

The examination of witnesses was now closed, and a pause ensued, during which there was a final arming of the forces upon both sides.

It had grown dark and candles were lighted in the court-room. They lit up first the judge's desk, then the jury, then Landolin and his counsel, and at last the spectators, of whom not one seemed to be missing; indeed their numbers had apparently increased.

It was damp and sultry in the room. The battle began.

CHAPTER x.x.xI.

The counselor's eye-gla.s.s glistened and glittered, but his speech was plain and quiet. He seemed studiously to avoid any approach to vehemence. He began with a strong statement of the unruliness and presumption which characterized the servants of the present day; and of their frequent dishonesty in the present instance. The jury nodded a.s.sent. He was sorry to say that the guilt of the accused was very plain. The pretext of self-defense he materially weakened, by showing carefully and clearly that the defendant had only hit upon the subterfuge as a last resort, when he could find no other. It was more than strange that the stone thrown by Landolin, which was b.l.o.o.d.y and easy distinguishable from others, had so soon been made away with; while the one said to have been thrown by Vetturi had been found, where no doubt it had been placed for that very purpose.

At these words Landolin shook his head violently. The counselor paused for a moment, then continued composedly, that, as only justice should be done, he would recommend a verdict of guilty of manslaughter, with mitigating circ.u.mstances.

When he had finished, Landolin leaned forward to speak to his lawyer, who rose and proceeded with persuasive eloquence to set forth the perfect innocence of the accused. When he depicted Landolin's uprightness and influence, Landolin cast down his eyes. It made a strong impression when the lawyer raising his voice cried: ”Gentlemen of jury! The accused was chosen as a juryman for this session of the court. He should be sitting among you, and not here; and I expect from your straightforward honesty he will soon be with you, shoulder to shoulder; for he belongs with you. The one of you that feels himself exempt from outbursts of anger which, against his will, might result in an unhappy accident; the one that feels himself free from all natural faults, let him throw the stone; the stony word, guilty. By the authority of the accused, I refuse 'mitigating circ.u.mstances.' That is merely disguising the deadly missile. I call for the verdict 'Not guilty.'”

A murmur ran through the ma.s.s of spectators, so that the presiding judge threatened to clear the court-room if such disturbance were heard again. In the profound silence that followed he gathered up the pros and cons, and laid them in the scales before the jury. When he had finished he asked Landolin if he had anything to say.

Landolin arose and bowed. He moistened his dry lips, and began: