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The testimony of the girl who lived as servant in Kerkel's house was also criminatory. She deposed that on the night in question she awoke about half-past eleven with a violent toothache; she was certain as to the hour, because she heard the clock afterwards strike twelve. She felt some alarm at hearing voices in the rooms at an hour when her mistress and young master must long ago have gone to bed; but as the voices were seemingly in quiet conversation, her alarm subsided, and she concluded that instead of having gone to bed her mistress was still up. In her pain she heard the door gently open, and then she heard footsteps in the garden. This surprised her very much. She couldn't think what the young master could want going out at that hour. She became terrified without knowing exactly at what. Fear quite drove away the toothache, which had not since returned. After lying there quaking for some time, again she heard footsteps in the garden; the door opened and closed gently; voices were heard; and she at last distinctly heard her mistress say, "Be a man, Franz. Good-nightโ sleep well;" upon which Franz replied in a tone of great agony, "There's no chance of sleep for me." Then all was silent. Next morning her mistress seemed "very queer." Her young master went out very early, but soon came back again; and there were dreadful scenes going on in his room, as she heard, but she didn't know what it was all about. She heard of the murder from a neighbor, but never thought of its having any particular interest for Mr. Franz, though, of course, he would be very sorry for the Lehfeldts.
The facts testified to by the servant, especially the going out at that late hour, and the "dreadful scenes" of the morning, seemed to bear but one interpretation. Moreover, she identified the waistcoat as the one worn by Franz on the day preceding the fatal night.
III THE ACCUSEDNow at last the pent-up wrath found a vent. From the distracting condition of wandering uncertain suspicion, it had been recalled into the glad security of individual hate. Although up to this time Kerkel had borne an exemplary reputation, it was now remembered that he had always been of a morose and violent temper, a hypocrite in religion, a selfish sensualist. Several sagacious critics had long "seen through him"; others had "never liked him"; others had wondered how it was he kept his place so long in Lehfeldt's shop. Poor fellow! his life and actions, like those of every one else when illuminated by a light thrown back upon them, seemed so conspicuously despicable, although when illuminated in their own light they had seemed innocent enough. His mother's frantic protestations of her son's innocenceโher assertions that Franz loved Lieschen more than his own soulโonly served to envelop her in the silent accusation of being an accomplice, or at least of being an accessory after the fact.
I cannot say why it was, but I did not share the universal belief. The logic seemed to me forced; the evidence trivial. On first hearing of Kerkel's arrest, I eagerly questioned my informant respecting his personal appearance; and on hearing that he was fair, with blue eyes and flaxen hair, my conviction of his innocence was fixed. Looking back on these days, I am often amused at this characteristic of my constructive imagination. While rejecting the disjointed logic of the mob, which interpreted his guilt, I was myself deluded by a logic infinitely less rational. Had Kerkel been dark, with dark eyes and beard, I should probably have sworn to his guilt, simply because the idea of that stranger had firmly fixed itself in my mind.
All that afternoon, and all the next day, the busy hum of voices was raised by the one topic of commanding interest. Kerkel had been examined. He at once admitted that a secret betrothal had for some time existed between him and Lieschen. They had been led to take this improper step by fear of her parents, who, had the attachment been discovered, would, it was thought, have separated them for ever. Herr Lehfeldt's sternness, no less than his superior position, seemed an invincible obstacle, and the good mother, although doting upon her only daughter, was led by the very intensity of her affection to form ambitious hopes of her daughter's future. It was barely possible that some turn in events might one day yield an opening for their consent; but meanwhile prudence dictated secrecy, in order to avert the most pressing danger, that of separation.
And so the pretty Lieschen, with feminine instinct of ruse, had affected to treat her lover with indifference; and to compensate him and herself for this restraint, she had been in the habit of escaping from home once or twice a week, and spending a delicious hour or two at night in the company of her lover and his mother. Kerkel and his mother lived in a cottage a little way outside the town. Lehfeldt's shop stood not many yards from the archway. Now, as in Nuremberg no one was abroad after ten o'clock, except a few loungers at the cafes and beer-houses, and these were only to be met inside the town, not outside it, Lieschen ran extremely little risk of being observed in her rapid transit from her father's to her lover's house. Nor, indeed, had she ever met anyone in the course of these visits.
On the fatal night Lieschen was expected at the cottage. Mother and son waited at first hopefully, then anxiously, at last with some vague uneasiness at her non-appearance. It was now a quarter past elevenโnearly an hour later than her usual time. They occasionally went to the door to look for her; then they walked a few yards down the road, as if to catch an earlier glimpse of her advancing steps. But in vain. The half-hour struck. They came back into the cottage, discussing the various probabilities of delay. Three-quarters struck. Perhaps she had been detected; perhaps she was ill; perhapsโbut this was his mother's suggestion, and took little hold of himโthere had been visitors who had stayed later than usual, and Lieschen, finding the night so advanced, had postponed her visit to the morrow. Franz, who interpreted Lieschen's feelings by his own, was assured that no postponement of a voluntary kind was credible of her. Twelve o'clock struck. Again Franz went out into the road, and walked nearly up to the archway; he returned with heavy sadness and foreboding at his heart, reluctantly admitting that now all hope of seeing her that night was over. That night? Poor sorrowing heart, the night was to be eternal! The anguish of the desolate "never more" was awaiting him.
There is something intensely pathetic in being thus, as it were, spectators of a tragic drama which is being acted on two separate stages at onceโthe dreadful link of connection, which is unseen to the separate actors, being only too vividly seen by the spectators. It was with some interest that I, who believed in Kerkel's innocence, heard this story; and in imagination followed its unfolding stage. He went to bed, not, as may be expected, to sleep; tossing restlessly in feverish agitation, conjuring up many imaginary terrorsโbut all of them trifles compared with the dread reality which he was so soon to face. He pictured her weepingโand she was lying dead on the cold pavement of the dark archway. He saw her in agitated eloquence pleading with offended parentsโand she was removed for ever from all agitations, with the peace of death upon her young face.
At an early hour he started, that he might put an end to his suspense. He had not yet reached the archway before the shattering news burst upon him. From that moment he remembered nothing. But his mother described his ghastly agitation, as, throwing himself upon her neck, he told her, through dreadful sobs, the calamity which had fallen. She did her best to comfort him; but he grew wilder and wilder, and rolled upon the ground in the agony of an immeasurable despair. She trembled for his reason and his life. And when the messengers came to seek him, she spoke but the simple truth in saying that he was like one distracted. Yet no sooner had a glimpse of light dawned on him that some vague suspicion rested on him in reference to the murder, than he started up, flung away his agitation, and, with a calmness which was awful, answered every question, and seemed nerved for every trial. From that moment not a sob escaped him until, in the narrative of the night's events, he came to that part which told of the sudden disclosure of his bereavement. And the simple, straightforward manner in which he told this tale, with a face entirely bloodless, and eyes that seemed to have withdrawn all their light inwards, made a great impression on the audience, which was heightened into sympathy when the final sob, breaking through the forced calmness, told of the agony which was eating its fiery way through the heart.
The story was not only plausible in itself, but accurately tallied with what before had seemed like the criminating evidence of the maid; tallied, moreover, precisely as to time, which would hardly have been the case had the story been an invention. As to the waistcoat which had figured so conspicuously in all the rumors, it appeared that suspicion had monstrously exaggerated the facts. Instead of a waistcoat plashed with bloodโas popular imagination pictured itโit was a gray waistcoat, with one spot and a slight smear of blood, which admitted of a very simple explanation. Three days before, Franz had cut his left hand in cutting some bread; and to this the maid testified, because she was present when the accident occurred. He had not noticed that his waistcoat was marked by it until the next day, and had forgotten to wash out the stains.
People outside shook skeptical heads at this story of the cut hand. The bloody waistcoat was not to be disposed of in that easy way. It had fixed itself too strongly in their imagination. Indeed, my belief is that even could they have seen the waistcoat, its insignificant marks would have appeared murderous patches to their eyes. I had seen it, and my report was listened to with ill- concealed disbelief, when not with open protestation. And when Kerkel was discharged as free from all suspicion, there was a low growl of disappointed wrath heard from numerous groups.
This may sympathetically be understood by whomsoever remembers the painful uneasiness of the mind under a great stress of excitement with no definite issue. The lust for a vengeance, demanded by the aroused sensibilities of compassion, makes men credulous in their impatience; they easily believe anyone is guilty, because they feel an imperious need for fastening the guilt upon some definite head. Few verdicts of "Not Guilty" are well received, unless another victim is at hand upon whom the verdict of guilty is likely to fall. It was demonstrable to all judicial minds that Kerkel was wholly, pathetically innocent. In a few days this gradually became clear to the majority, but at first it was resisted as an attempt to balk justice; and to the last there were some obstinate doubters, who shook their heads mysteriously, and said, with a certain incisiveness, "Somebody must have done it; I should very much like to know who."
Suspicion once more was drifting aimlessly. None had pointed in any new direction. No mention of anyone whom I could identify with the stranger had yet been made; but, although silent on the subject, I kept firm in my conviction, and I sometimes laughed at the pertinacity with which I scrutinized the face of every man I met, if he happened to have a black beard; and as black beards are excessively common, my curiosity, though never gratified, was never allowed repose.
Meanwhile Lieschen's funeral had been emphatically a public mourning. Nay, so great was the emotion,
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