Part 23

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-night-- 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 ACCUSED

Now 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 innocence--her assertions that Franz loved Lieschen more than his own soul--only 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 eleven--nearly 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; perhaps--but this was his mother's suggestion, and took little hold of him--there 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 once--the 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 terrors--but all of them trifles compared with the dread reality which he was so soon to face. He pictured her weeping--and she was lying dead on the cold pavement of the dark archway. He saw her in agitated eloquence pleading with offended parents--and 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 blood--as popular imagination pictured it--it 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, that it almost deadened the interest which otherwise would have been so powerful, in the news now daily reaching us from Paris. Blood had flowed upon her streets--in consequence of that pistol-shot, which, either by accident or criminal intent, had converted the demonstration before the hotel of the Minister of Foreign Affairs into an insurrection. Paris had risen; barricades were erected. The troops were under arms. This was agitating news.

Such is the solidarity of all European nations, and so quick are all to vibrate in unison with the vibrations of each, that events like those transacted in Paris necessarily stirred every city, no matter how remote, nor politically how secure. And it says much for the intense interest excited by the Lehfeldt tragedy that Nuremberg was capable of sustaining that interest even amid the tremendous pressure of the February Revolution. It is true that Nuremberg is at all times somewhat sequestered from the great movements of the day, following slowly in the rear of great waves; it is true, moreover, that some politicians showed remarkable eagerness in canvassing the characters and hopes of Louis Philippe and Guizot; but although such events would at another period have formed the universal interest, the impenetrable mystery hanging over Lieschen's death threw the Revolution into the background of their thoughts. If when a storm is raging over the dreary moorland, a human cry of suffering is heard at the door, at once the thunders and the tumult sink into insignificance, and are not even heard by the ear which is pierced with the feeble human voice: the grandeurs of storm and tempest, the uproar of surging seas, the clamorous wail of sea-birds amid the volleying artillery of heaven, in vain assail the ear that has once caught even the distant cry of a human agony, or serve only as scenical accompaniments to the tragedy which is foreshadowed by that cry. And so it was amid the uproar of 1848. A kingdom was in convulsions; but here, at our door, a young girl had been murdered, and two hearths made desolate. Rumors continued to fly about. The assassin was always about to be discovered; but he remained shrouded in impenetrable darkness. A remark made by Bourgonef struck me much. Our host, Zum Bayerischen Hof, one day announced with great satisfaction that he had himself heard from the syndic that the police were on the traces of the assassin.

"I am sorry to hear it," said Bourgonef.

The guests paused from eating, and looked at him with astonishment.

"It is a proof," he added, "that even the police now give it up as hopeless. I always notice that whenever the police are said to be on the traces the malefactor is never tracked. When they are on his traces they wisely say nothing about it; they allow it to be believed that they are baffled, in order to lull their victim into a dangerous security. When they know themselves to be baffled, there is no danger in quieting the public mind, and saving their own credit, by announcing that they are about to be successful."

IV

A DISCOVERY

Bourgonef's remark had been but too sagacious. The police were hoplessly baffled. In all such cases possible success depends upon the initial suggestion either of a motive which leads to a suspicion of the person, or of some person which leads to a suspicion of the motive. Once set suspicion on the right track, and evidence is suddenly alight in all quarters. But, unhappily, in the present case there was no assignable motive, no shadow darkening any person.

An episode now came to our knowledge in which Bourgonef manifested an unusual depth of interest. I was led to notice this interest, because it had seemed to me that in the crime itself, and the discussions which arose out of it, he shared but little of the universal excitement. I do not mean that he was indifferent--by no means; but the horror of the crime did not seem to fascinate his imagination as it fascinated ours. He could talk quite as readily of other things, and far more readily of the French affairs. But on the contrary, in this new episode he showed peculiar interest. It appeared that Lehfeldt, moved, perhaps, partly by a sense of the injustice which had been done to Kerkel in even suspecting him of the crime, and in submitting him to an examination more poignantly affecting to him under such circumstances than a public trial would have been under others; and moved partly by the sense that Lieschen's love had practically drawn Kerkel within the family--for her choice of him as a husband had made him morally, if not legally, a son-in-law; and moved partly by the sense of loneliness which had now settled on their childless home,--Lehfeldt had in the most pathetic and considerate terms begged Kerkel to take the place of his adopted son, and become joint partner with him in the business. This, however, Kerkel had gently yet firmly declined. He averred that he felt no injury, though great pain had been inflicted on him by the examination. He himself in such a case would not have shrunk from demanding that his own brother should be tried, under suspicions of similar urgency. It was simple justice that all who were suspected should be examined; justice also to them that they might for ever clear themselves of doubtful appearances. But for the rest, while he felt his old affectionate respect for his master, he could recognize no claim to be removed from his present position. Had she lived, said the heartbroken youth, he would gladly have consented to accept any fortune which her love might bestow, because he felt that his own love and the devotion of a life might repay it. But there was nothing now that he could give in exchange. For his services he was amply paid; his feelings towards Lieschen's parents must continue what they had ever been. In vain Lehfeldt pleaded, in vain many friends argued. Franz remained respectfully firm in his refusal.

This, as I said, interested Bourgonef immensely. He seemed to enter completely into the minds of the sorrowing, pleading parents, and the sorrowing, denying lover. He appreciated and expounded their motives with a subtlety and delicacy of perception which surprised and delighted me. It showed the refinement of his moral nature. But, at the same time, it rendered his minor degree of interest in the other episodes of the story, those which had a more direct and overpowering appeal to the heart, a greater paradox.

Human nature is troubled in the presence of all mystery which has not by long familiarity lost its power of soliciting attention; and for my own part, I have always been uneasy in the presence of moral problems. Puzzled by the contradictions which I noticed in Bourgonef, I tried to discover whether he had any general repugnance to stories of crimes, or any special repugnance to murders, or, finally, any strange repugnance to this particular case now everywhere discussed. And it is not a little remarkable that during three separate interviews, in the course of which I severally, and as I thought artfully, introduced these topics, making them seem to arise naturally out of the suggestion of our talk, I totally failed to arrive at any distinct conclusion. I was afraid to put the direct question: Do you not share the common feeling of interest in criminal stories? This question would doubtless have elicited a categorical reply; but somehow, the consciousness of an arriere-pensee made me shrink from putting such a question.

Reflecting on this indifference on a special point, and on the numerous manifestations I had noticed of his sensibility, I came at last to the conclusion that he must be a man of tender heart, whose delicate sensibilities easily shrank from the horrible under every form; and no more permitted him to dwell unnecessarily upon painful facts, than they permit imaginative minds to dwell on the details of an operation.

I had not long settled this in my mind before an accident suddenly threw a lurid light upon many details noticed previously, and painfully revived that inexplicable repulsion with which I had at first regarded him. A new suspicion filled my mind, or rather, let me say, a distinct shape was impressed upon many fluctuating suspicions. It scarcely admitted of argument, and at times seemed preposterous, nevertheless it persisted. The mind which in broad daylight assents to all that can be alleged against the absurdities of the belief in apparitions, will often acknowledge the dim terrors of darkness and loneliness--terrors at possibilities of supernatural visitations. In like manner, in the clear daylight of reason I could see the absurdity of my suspicion, but the vague stirrings of feeling remained unsilenced. I was haunted by the dim horrors of a possibility.

Thus it arose. We were both going to Munich, and Bourgonef had shortened his contemplated stay at Nuremberg that he might have the pleasure of accompanying me; adding also that he, too, should be glad to reach Munich, not only for its art, but for its greater command of papers and intelligence respecting what was then going on in France. On the night preceding the morning of our departure, I was seated in his room, smoking and discussing as usual, while Ivan, his servant, packed up his things in two large portmanteaus.

Ivan was a serf who spoke no word of any language but his own. Although of a brutal, almost idiotic type, he was loudly eulogized by his master as the model of fidelity and usefulness. Bourgonef treated him with gentleness, though with a certain imperiousness; much as one might treat a savage mastiff which it was necessary to dominate without exasperating. He more than once spoke of Ivan as a living satire on physiognomists and phrenologists; and as I am a phrenologist, I listened with some incredulity.

"Look at him," he would say. "Observe the low, retreating brow, the flat face, the surly mouth, the broad base of the head, and the huge bull-like neck. Would not anyone say Ivan was as destructive as a panther, as tenacious as a bull-dog, as brutal as a bull? Yet he is the gentlest of sluggish creatures, and as tender-hearted as a girl! That thick-set muscular frame shrouds a hare's heart. He is so faithful and so attached that I believe for me he would risk his life; but on no account could you get him to place himself in danger on his own account. Part of his love for me is gratitude for having rescued him from the conscription: the dangers incident to a military life had no charm for him!"

Now, although Bourgonef, who was not a phrenologist, might be convinced of the absence of ferocious instincts in Ivan, to me, as a phrenologist, the statement was eminently incredible. All the appearances of his manner were such as to confirm his master's opinion. He was quiet, even tender in his attentions. But the tyrannous influence of ideas and physical impressions cannot be set aside; and no evidence would permanently have kept down my distrust of this man. When women shriek at the sight of a gun, it is in vain that you solemnly assure them that the gun is not loaded. "I don't know," they reply,--"at any rate, I don't like it." I was much in this attitude with regard to Ivan. He might be harmless. I didn't know that; what I did know was--that I didn't like his looks.

On this night he was moving noiselessly about the room, employed in packing. Bourgonef's talk rambled over the old themes; and I thought I had never before met with one of my own age whose society was so perfectly delightful. He was not so conspicuously my superior on all points that I felt the restraints inevitably imposed by superiority; yet he was in many respects sufficiently above me in knowledge and power to make me eager to have his assent to my views where we differed, and to have him enlighten me where I knew myself to be weak.