"That won't help me any."

"I think," continued the lawyer, "I think, the government counsel himself will recommend to the jury to find that there were mitigating circ.u.mstances."

"I will not have them find mitigating circ.u.mstances," cried Landolin, his face reddening. "You may in my name, by my authority, refuse such a verdict. I know what that means. It is easy for a jury to say guilty when mitigating circ.u.mstances are tacked on; but when it's neck or nothing, they think twice before they speak."

"Landolin, we are playing a serious game."

"I know it."

"Do you wish to address the jury yourself?"

"I don't know yet. I am afraid I should make some mistake."

"You can tell me your decision in the court-room. You have the privilege of speaking."

"I never thought of it before. It's come to me since I have been in prison. If I had my life to live over again, I'd like to be a lawyer."

The lawyer urged Landolin to try and sleep a little, for he had a hard day before him, and must husband his strength. He would try to be fresh and strong himself.

CHAPTER XXVIII.

Landolin tried to sleep, but he soon sprang up again. A man may sleep as much as he likes after he gets home, but now there is not a moment to be lost. He rang the bell, and very submissively asked the keeper to go for his son Peter, for he wanted to find out if the mother had come.

"What mother?"

"Oh pshaw! The mother of--of--of the poor fellow. Ask right out if Cushion-Kate is here. And tell my son to give you twenty marks for the saint's keeper."

"For the saint's keeper? Where is he?"

"Are you so stupid? Or are you only pretending? The saint's keeper is inside of your coat."

The grim keeper chuckled, and said to himself:

"And just think of people saying that farmers are stupid."

He soon returned, and said that Vetturi's mother had not come, but--

"But what? Not my wife and daughter? I expressly forbade that."

"No, not they; but half the village."

"Did the saint's keeper get anything?"

"Yes," chuckled the keeper. The day had brought him a rich harvest, both from those who were seeking to be dropped from the list of jurymen, and had sought his influence with the different counsel for that purpose, and from the people from the neighboring villages, whom he had promised to let into the court-room before any one else.

Landolin was again alone. He visited, in fancy, the various inns of the city, and the beer-garden near the station. He seemed to hear what the people said--how they could hardly wait for the time when they might see him in the prisoner's seat. Nothing is thought of to-day but whether Landolin will be sentenced to death, or to long imprisonment, or will be acquitted.

Something that was almost a prayer pa.s.sed through his soul, but he did not utter it; for he could not escape the thought that Cushion-Kate was to-day praying to G.o.d for his just punishment. He started back. It seemed to him as though she, herself, had run against him bodily.

The prison door was unlocked. Landolin was led through along pa.s.sage to the prisoner's waiting-room. The doors and the windows of the large court-room were open; bright sunshine streamed in; the room was empty---soon it would be crowded. The two keepers walked back and forth near Landolin. Loud laughing and talking could be heard from the street before the court-house. Who knows what jokes they were making! Men can still laugh though there is one up here whose heart would fain stand still. Landolin's eyes glistened. He said to himself: "After all I was right in despising the whole world."

In the room in which he was now confined he could hear, as he listened at the door, the tramp of steps through the long corridor. He would have been glad to know whose steps they were. A confused sound of voices reached his ear. At length he plainly heard the words "My father!" It was Peter's voice. No doubt he had called so loud on purpose that his father might hear him. Landolin felt as though he were buried alive. He heard voices and could not answer them. His head swam so that he leaned against the door-post.

The door was unlocked, and Landolin was led into the court-room.

CHAPTER XXIX.

His eyes fastened on the floor, with measured steps Landolin entered the room. He seemed about to turn to the jury box, but the keeper laid hold of his arm, and motioned him to the prisoner's dock.

When he reached it he straightened himself with a violent effort, and looked calmly around; but he must have felt something like a veil before his eyes, for he repeatedly drew his hands over them. He saw his son Peter, who nodded to him, but he only answered with a slight motion of his head. He recognized men and women from his and neighboring villages; but Cushion-Kate's red kerchief was not to be seen.

He surveyed the jury with a keen scrutiny. He knew them all. They all stared at him, but no one of them gave him to understand, by so much as a motion of the eyelids: I know you and am friendly to you. The miller was not on the jury.

Who is foreman?

t.i.tus. A red and white variegated pink lies before him on the desk. Now he takes it up and presses it to his large nose. The farmer of Tollhof, called the jester, who sits beside him, hands him an open snuff-box and says something. It is evidently, "Landolin is very much changed." t.i.tus nods, takes a pinch of snuff, and sneezes loudly. The host of the Ritter inn, who is seated on the front bench, turns around, and says, "Your health!" and whispers something to the lumberman, Dietler. Who knows that the fickle host has not abandoned Landolin as a dead man, and commenced paying court to t.i.tus! The other members of the jury are most all well-to-do, comfortable farmers--among them Walderjorgli's son, dressed in the old-time costume, with a red vest--have folded their large hands upon the desks, and look steadily before them.

The solemn, impressive ceremony of taking the oath is over; the witnesses are sent out of the court-room; the charge is read. While the reading is going on, the counselor drums with a large pencil on a volume of the statutes before him. It may be he is gently playing a tune, for he keeps perfect time. He is a young man with a heavy moustache, which he smooths incessantly; and an unframed eye-gla.s.s, attached to a broad, black ribbon, is fastened on his left eye. There is something in the appearance of the counselor that suggests a soldierly combativeness, and, in truth, he is an officer of the Landwehr. The glance through the eye-gla.s.s, which sparkles strangely, is often turned upon Landolin, and Landolin is uneasy under it. He would like to say: "Please put the gla.s.s down," but he may not.

Landolin's lawyer has risen to his feet, and leans on the railing of the prisoner's dock. His hands are thrust in his pantaloon pockets.

Sometimes he turns his head and exchanges a few brief words with Landolin.

The charge is manslaughter.

The witnesses are called; and before the first one appears, the lawyer for the defense announces that he has telegraphed for the district physician, for the purpose of obtaining his professional opinion regarding Vetturi's frailty.

CHAPTER x.x.x.

Landolin sat perfectly still, and looked at his hands. They had grown soft and white in prison. Only when a new witness was called, he raised his eyes and watched him narrowly.

The witnesses in favor of the accused spoke hesitatingly. They had seen Vetturi fall on a heap of paving-stones, but whether the stone that had been thrown had gone past him, that they could not say with certainty.

The blacksmith, from the upper village, was the only one who was sure that he had seen it quite plainly.

"Take care you don't commit perjury," called out the prosecuting counsel. The lawyer for the defense arose in great excitement, and earnestly protested against this intimidation of the witness. Even the jurymen put their heads together, and whispered to one another. The presiding judge said politely, but with marked decision, to the youthful counselor, that he must leave such matters to him. The counsel for the defense did not let this incident escape him; but made quite a point of it, and it was some little time before matters moved on in their usual quiet way. When Anton was called, Landolin's counsel asked to have the district physician heard first, as he was obliged to leave immediately. But the doctor's testimony proved to be of no importance.

Then Anton was called, and all eyes were fastened upon him.