Kishlak is at the distance of a German mile from St. Vilmosh; when the

waters are high, it takes a man at least three hours to walk from one

place to the other; but in spite of the distance, Mr. Skinner, his

clerk, and his prisoners, reached Kishlak first. They were followed by

Mr. Catspaw, who had gone round by Tissaret. After him came the master

of the house, and the judges whom he brought from Dustbury. The latter

party made their appearance in two carriages, of which one was honoured

by the weight of Kishlaki and Baron Shoskuty, while the second held the

assessor Zatonyi, and the recorder's substitute, Mr. Völgyeshy. The

recorder sent him principally because he knew that the court was in want

of the services of a notary, the functions of which office were far too

much beneath the recorder's dignity to allow of his executing them. He

therefore sent Völgyeshy, a young man who had just been appointed to

his office, who was eager to be employed, and whose knowledge of law

enabled him to assist the court with his advice. Völgyeshy's appearance

was by no means agreeable. He was small, sickly, and ill-made, and his

face was strongly marked with small-pox; but he was a man of great

learning, and as modest as he was clever. He was a general favourite at

Dustbury; old Kishlaki, who felt even more shocked than his wife when he

heard of Viola's capture, and of his being called to preside over the

court-martial, shared the joy of Baron Shoskuty and the assessor, when

they were informed of the recorder's intention to send his substitute to

act as notary. Baron Shoskuty was happy, because he knew that Völgyeshy

was a good hand at law; Kishlaki because he was a good hand at cards;

and the assessor, because the young man would listen to any stories, no

matter of what length and dullness. When the party arrived, they found

Messrs. Skinner and Catspaw--"_arcades ambo_; _id est_, blackguards

both,"--awaiting them. Mr. Catspaw rubbed his hands for joy when he saw

that none of the members of the court were likely to cross his plans by

an excess of philanthropy.

The lady of the house, too, hastened to the door to receive her guests,

and to offer them breakfast, which Mr. Catspaw volunteered to decline

for himself and partners, saying that it was eleven o'clock, and that

they must make haste to commence business.

"We cannot possibly get through the case to-day," observed Mr. Kishlaki.

"And why not, _domine spectabilis_? Why not?" asked the assessor.

"Please to consider that the court-martial must sit till the execution

is over; and to-morrow I must be at home, for there's the ploughing and

the potato harvest."

"Of course!" cried Shoskuty. "We are commissioners of courts-martial,

and a court-martial we are bound to make of it. The culprit is in

attendance, we are five commissioners; my young friend Völgyeshy has

come to assist us. It will take him just ten minutes to write the

verdict. God forbid," continued he, with a low bow to the lady of the

house, "God forbid that we should trouble your ladyship longer than we

can help!"

"No trouble, indeed; no trouble whatever!" cried Lady Kishlaki, with a

burst of genuine good-natured hospitality; "but I trust you do not mean

to hang the poor fellow?"

"Of course we do!" laughed the assessor. "I've sat in fifteen

courts-martial in the course of my life, and we never rose without

hanging the culprit. Courts-martial are for that sort of thing, you

know."

Lady Kishlaki had been solicited by Viola's wife to interfere in her

husband's behalf. The good old lady did all she could for the poor

woman. She assigned a room to her and the children, and, moved by Susi's

entreaties, she promised to save Viola's life, if a woman's tongue could

save it. But the determined tone in which the assessor delivered his

last sentence, showed her how little hope there was. She replied,

nevertheless, that Viola was perhaps less guilty than people fancied.

"I most humbly beg your ladyship's pardon," replied Baron Shoskuty, with

his proverbial politeness; "whether his guilt be greater or lesser, it's

all the same to us. The only question to ask is, 'Is the prisoner a

robber or not?' We do not care whether he killed a hundred people, or

whether he never took human life, whether he stole a million or a

fourpenny piece; all we ask is; is he a robber? and how was he taken? If

taken in arms, and in the fact of actual resistance, we hang him, so

please your ladyship."

"But it does not please my ladyship. You cannot possibly hang the poor

fellow for a few pence!"

"Nothing more simple," said the assessor, with great unction, "if the

case come within the jurisdiction of a court-martial. I have seen cases

in which the man whom we hanged would have been let off with a

fortnight's confinement by the ordinary courts; but as he fell into our

hands, we tied him up."

"I am a weak and ignorant woman," retorted Lady Kishlaki, with

increasing vehemence; "but if I'd been there, I'll warrant you, you

would not have done it!"

"Of course not! Nothing more natural!" replied Baron Shoskuty, who never

let an opportunity go by of paying a compliment to a lady; "your

ladyship is the milk, nay, the cream of human kindness! We are rude and

uncharitable men. The county has sent us to make an example, and we are

bound to make one."

"I beg your pardon," said Mr. Catspaw, who had given unmistakeable signs

of impatience; "time presses,--hadn't we better begin?"

"If you like," said Kishlaki, greatly confused, "we have to examine the

witnesses and----"

"We'll soon get the better of the witnesses," said Mr. Skinner. "There

is no difficulty in the case. We'd get twice through it before dinner

time."

"Viola is as guilty as anybody ever was!" cried Mr. Catspaw, as he

walked to the door.

"If he is, it will be shown by the evidence," said a loud sonorous

voice; "one ought never to pre-judge a case."

Everybody looked at Völgyeshy, who had spoken the last sentence. The

attorney walked up to Mr. Skinner and whispered: "I don't like the

fellow!" But Lady Kishlaki, who had hitherto paid no attention to the

ill-favoured young man, looked kindly at him.

"You are right," said she; "it's hard that a man should be judged before

his case has been inquired into. I know you will pity him."

"I am not an assessor, and have no vote," replied Mr. Völgyeshy, as he

left the room with the rest of the party. Mr. Kishlaki remained alone

with his wife.

"Consider, Valentine," said she, taking him by the hand--"consider that

a sentence of death cannot be pronounced unless the judges are

unanimous. Every one of you is highly responsible for the death of this

man."

"I know, my love; and if it depends on me--that is to say, if it is

possible--I am not bloodthirsty, you know, but----"

"I know you must do your duty; but pray consider that the life of a man,

if once taken, cannot be restored!"

"I will do all I can!" sighed the old man, cursing the day on which he

accepted his office; and leaving the room, he followed his colleagues to

the steward's office, where everything was prepared for the

accommodation of the court. Servants, and peasants armed with

pitchforks, were posted at the gate to keep the crowd at a distance.

Under the shed stood Viola, tied to a post and surrounded by haiduks and

Pandurs. In the hall were Tzifra, and Jantshy, the glazier, who had been

summoned as witnesses for the prosecution; and at a distance stood the

Liptaka and the smith of Tissaret, who volunteered to give evidence for

the defence.

"God have mercy upon his soul!" said the Liptaka. "I have little hope."

"So have I," said the smith; "and the thing which grieves me most is

that the two rascals there are going to escape," he added, pointing at

Tzifra and the Jew.

"I'd like to know who'll hang him!" said an old woman to her neighbour.

"I trust they'll have a clever hangman! They say people suffer

dreadfully if the hangman does not know his trade."

"Indeed, I heard them say that there's a gipsy that'll hang him. Mayhap

it's the sheriff's gipsy. Look there!--there he is. Look how he casts

his eyes around! Dear me! I'm afraid of him!"

"Don't talk such nonsense, Verush," said an old man; "Peti is Viola's

friend. It's he that brought the children from Tissaret. Did you not see

him talking to Viola's wife? Susi would not talk to him in that way, if

he were the man that is to hang her husband. Not even yourself would

have done that when your husband was alive. But I say, Verush, you'd not

occasion for a hangman, eh? You are the woman can worry a man to death

and be never the worse for it, eh?"

"How dare you say so!" screamed the widow. "Didn't I have a doctor in

his last illness?"

"Never mind!" said another woman. "Tell me who is going to hang him."

"I don't know," said the man.

"Perhaps they won't hang him. They'll give him a pardon."

"A pardon, indeed!" said the man. "Don't you see it's a court-martial.

You may whistle for a pardon, if you please."

"What _is_ a court-martial?"

"Why! don't you know? A court-martial is--why it's that the gentlemen

sit down together and consult, and hang some one. That's as it ought to

be."

"But suppose no one hangs him?"

"How can you ask such stupid questions? To hang a man you must have him

first; but who ever heard of a man being sentenced to hanging and let

off for the want of a hangman?"

"Just so; but suppose it _were_ to happen after all? What then?"

"Hang me if I know! perhaps the gentlemen themselves will hang him, or

they'll hang themselves with disappointment and vexation."[25]

[Footnote 25: See Note VIII.]

The proceedings of the court commenced meanwhile by the swearing in of

the judges, the reading of the articles of court-martial, and by Mr.

Skinner's laying on the table a written form of indictment, or, in

Hungarian judicial language, the "_species facti_." Mr. Völgyeshy's

conduct, while these preliminary forms were being got through, was such

as to fill the judges with astonishment and disgust. Not only did he

read the articles with a loud, clear voice, slowly enunciating and

pronouncing every word, instead of giving merely the heads of the

various paragraphs; but he also interrupted Mr. Skinner, who wished to

relieve the dulness of the lecture by a friendly chat with his neighbour

on the bench, by reminding him that the articles were read for the

purpose of being listened to. But the disgust of the court was

infinitely increased when, after the reading of the "_species facti_,"

and when they were just in the act of sending for the prisoner,

Völgyeshy stopped the proceedings by protesting that the "_species

facti_" was by no means such as to warrant the jurisdiction of a

court-martial in the present case.

"Not warrant the jurisdiction of a court-martial!" said Mr. Skinner;

"and how dare you, Mr. Völgyeshy, dare to say so to _me_--the oldest

judge of the county? On my word and honour, sir, you come it strong,

sir!"

"You are mistaken if you misconstrue my words into an intention of

offering you an insult."

"Intention? Insult? Why, sir, it is an insult! it's a downright,

root-and-branch, roaring insult, that's what it is!" shouted Mr.

Skinner; and, turning to the court, he continued:--

"I intreat this praiseworthy court to consider chapter vi. paragraph 8.,

where it is provided that '_A recital of the facts is to be submitted to

the court, stating the crime of which the prisoner stands accused, his

Christian and surname, and his age, the latter to be written with words

and letters instead of with the signs of numbers, &c. &c._'

"Now look at my report! Does it not state the facts, the crimes, the

names of the prisoner? does it not state his age, and, you will

observe, his age according to the instructions? Does this gentleman mean

to insinuate that I am not able to write a '_species facti_?' that I am

too stupid to take a man's age down according to instructions? This is

the worst thing I ever heard of! It's downright pettifogging, that it

is; and I won't be treated in this way, that I won't, no, not by any

man, and least of all by you, sir!"

The president and the assessors did their best to calm the fury of the

worthy magistrate; but if that fury was intended to prevent Völgyeshy

from urging his protest, it proved a signal failure, for the young man

persisted in declaring that he was fully convinced of Mr. Skinner's

ability to make out a correct statement of the facts, but that this very

correct and authentic statement of the facts did not show that the

robber had been overtaken and captured in the course of an

_uninterrupted pursuit_; "for this," added Mr. Völgyeshy, "is one of the

first conditions of a case for a court-martial."

"Not an uninterrupted pursuit!" roared Mr. Skinner; "why, a price has

been offered for his head; for months he has been hunted through the

county, and here's this lad wants to deny the uninterrupted pursuit!"

"Just so, _domine spectabilis_!" said the assessor, smiling; "it's the

worst plea I ever heard of,--_denique_, our friend is young. But let us

see the culprit."

"And I tell you again," said Völgyeshy, "that this report does not prove

an uninterrupted pursuit. Viola's last crime was his theft in the house

of the notary of Tissaret, and the pursuit was neither instantaneous nor

uninterrupted."

"If it's not a case for a court-martial," said Kishlaki, eager to escape

from the discharge of his painful duties, "we had better send it to the

sessions. For inasmuch----"

"For God's sake, do not say so! What a shame if Viola were to go to the

sessions! I am sure they'd rob us of the right of court-martial; and it

would serve us right, if we were to allow such a case to escape us."

"It seems Mr. Völgyeshy is not aware that courts-martial are held to try

and execute thieves and robbers," said Mr. Catspaw; "and that in the

case of any such person being pursued, and making an armed resistance,

there can be no question as to the jurisdiction of the court."

"I am fully aware of it, sir; but in what manner does this report show

that Viola is a robber?"

Here the assessor Zatonyi held up his hands.

"How is it shown?" said he; "does not the report set forth that Viola is

a robber? Don't you see _r-o-b-b-e-r_? If that does not mean robber,

I'll try myself by court-martial, and hang myself too."

"I beg your pardon," cried Baron Shoskuty, "I will explain the matter to

Mr. Völgyeshy. He is young, and wants experience; for such things are

not to be learnt from books. You see, sir, the articles of

courts-martial give us long explanations about the cases and individuals

to which the term of robber applies. These explanations are very good in

their way; excellent, sir! but, sir, they are not practical. _He_ is a

robber in Hungary whom public opinion designates as such. _Vox populi,

vox dei!_ and if such a person resists an arrest, he is _de jure_ tried

by court-martial, and hanged."

"Merely for resisting the arrest?"

"Yes," said Baron Shoskuty, majestically, "merely for that reason.

Resistance to the law is criminal, except in the case of noblemen."

"But surely we are not here to discuss law matters," said the assessor.

"Besides, Mr. Völgyeshy has no vote. If any of the other gentlemen stick

to the question, we'll divide, and there's an end of it."

"All this is very well," said Kishlaki, "but I'd like----"

"I say _luce meridiana clarius_! brighter than the light of day. The

case is within our jurisdiction. But no matter--let us divide."

The result of the division was that the witnesses were called in. The

examination showed the most astonishing correctness of Tzifra's former

evidence; every point of which was confirmed by the statements of

Jantshi, the Jewish glazier. When the witnesses were sent out of court,

Zatonyi offered his snuff-box to the court, saying:--

"_Duo testes omni exceptione majores._ Two honest witnesses----; why,

gentlemen, there can be no doubt----"

"Indeed!" sighed Kishlaki, "and they swore to their depositions. When

that Jew cursed himself as he did, I could not help shuddering. They

cannot possibly tell us an untruth!"

The justice spat on the floor with joy, protesting that he had never met

with better witnesses.

"I beg your pardon, sir," said Völgyeshy; "I, for my part, cannot

believe a word of the evidence. These witnesses tell us much the same

story, but then it is too much the same story; in short, my opinion is,

that it is a got-up story."

"This is too bad! indeed it is!" said Zatonyi, "to doubt the truth of

the evidence because the witnesses agree in their statement of the

facts. I never heard of such a thing!"

"Nor I!" cried Shoskuty. "To think that the depositions of the two

witnesses should be exactly alike, even in the smallest particular, and

to hear this gentleman speak of got-up stories and the like,--really it

_is_ too bad. _Denique_, he is an advocate."

"And proud of his profession!" interposed Völgyeshy. "But still, it is

my duty to inform the court that the extraordinary harmony in the

depositions of the two witnesses has convinced me of----"

"If you think so," said Kishlaki, "I think we had better----"

"He does not think so," said Mr. Catspaw, with a forced smile. "It's our

nature, sir; we cannot help it. We are fond of desperate cases, we dote

on them. The more desperate a case is, the greater the pleasure it gives

an advocate to stop or delay the proceedings."

"Mr. Catspaw is mistaken," said Völgyeshy; "the question is far too

serious to admit of any joking. But I appeal to you; tell me, is not

Tzifra notorious for being a thief and a robber?"

"Certainly not!" cried Mr. Skinner. "Janosh St. Vilmoshy--for the court

ought not to deal in slang and in nicknames--Janosh St. Vilmoshy, I say,

is an honest man. Ever since he was dismissed from gaol, he has led a

better life. He has cut Viola and his gang; and, in short, done his best

to blow upon the prisoner."

"Very well!" said Völgyeshy; "for the sake of argument we will grant

that this fellow, Tzifra, or Janosh St. Vilmoshy, or whatever his name

may be, is an honest man, after having been a robber all his life, and

after having passed the greater part of it in the county gaol. Now what

does he depose? Firstly, that Viola informed him of his intention to

commit the robbery. Now this is incredible, if we are to believe that

the witness spurned his former associates, and turned to an honest life.

But let us go on. Why, if this Janosh St. Vilmoshy knew of the intended

robbery, why did he not step in and prevent it?"

"Yes! yes! this time you are wrong, Skinner," said Kishlaki; "he cannot

possibly be an honest man."

Mr. Skinner looked confounded. Völgyeshy went on:--

"In the second instance, the witness declares that on the night of the

robbery he walked up to the village of Tissaret, when he was startled by

the report of a gun and by Viola's appearance, who ran past him carrying

the said gun in his hand. Now why did the witness go to Tissaret? Why

was he not at Dustbury, to vote at the election? How does it happen that

no one saw him at Tissaret? and why did he come all the way from

Dustbury, and at night too, unless he had some business of some kind

with somebody in the village?"

"Indeed this looks very suspicious, very suspicious,--on my soul it

does!" said Kishlaki; and the assessor, taking a pinch of snuff,

declared that their best plan would be to arrest Tzifra too, and to put

him in irons.

"Very well. Now all I ask is, where are your credible witnesses? You

ought to have two, you know," said Völgyeshy, with a great feeling of

superiority.

"Ah!" said the assessor. "A most judicious remark, on my soul! We cannot

at present proceed against Tzifra, because we want his evidence."

"But we can never ground a capital sentence on the evidence of such a

person!"

"You have no vote, sir!" replied Zatonyi; "and we, who have a vote, do

not ask your advice. Had we not better send for the prisoner?" added

he, turning to Kishlaki.

Völgyeshy sighed, and the court had just resolved to send for the

prisoner, when it was said that two witnesses wished to be examined,

and, the president having given his permission, the old Liptaka entered

the apartment. The old woman made no mention of the fact of her having

seen Viola in Tissaret on the night of the robbery. She protested that

the prisoner was under such great obligations to the notary, that he

could not possibly have been guilty of so atrocious a crime; and

further, that Viola, whose wife was her friend and relative, had many

weeks ago informed her of a plot to steal the notary's papers, bidding

her at the same time put the notary on his guard.

"And who did Viola say were they that intended to steal the papers?"

said Mr. Skinner, with a sneer.

"He did not mention any names, but he spoke of some great people."

"Stuff and nonsense!" cried Mr. Catspaw.

"I swear it; it's the truth!" said the old woman. "I've told it on my

oath, and I would not tell a lie,--no, not for all the treasures on

earth!"

"Did you give Viola's message to the notary?"

The woman was silent.

"Speak out, my good woman!" said Kishlaki; "you have no cause to fear."

"I know it, sir, and I cannot tell a lie, though I would. I will confess

that I did not say any thing to the notary, because I was afraid old

Tengelyi would send Susi away, if he were to know that Viola had entered

his house."

Messrs. Skinner and Catspaw looked at each other and smiled.

"Is this all you have to say?" asked Mr. Catspaw.

"Yes, sir."

"Very well; you may go."

She was followed by the smith, who deposed that after the report of the

gun he hastened to the notary's house, and pursued the murderer, whom he

identified as Tzifra. He swore that the person he had pursued was

Tzifra, not Viola.

The second witness having been dismissed, and his depositions taken down

in writing, the two witnesses were called back for the purpose of

signing the depositions. This done, the court sent for Viola. Mr.

Skinner meanwhile did his best to discredit the statements of the last

two witnesses, whose evidence, he protested, was not worth the paper it

was written on.

"That old hag," said he, "is Viola's kinswoman. Her evidence is quite

inadmissible; and as for the smith, he is always drunk, especially at

night, and nothing is more likely than his mistaking Viola for Tzifra."

"Very true," said Kishlaki.

"Nevertheless the evidence is deserving of some consideration,"

interposed Völgyeshy, "especially respecting the credit to be placed in

Tzifra's, or, if Mr. Skinner likes it better, in Mr. St. Vilmoshy's

statements. The very man who commits the crime has often been found to

depose against another."

"There is a deal of truth in that," said Kishlaki.

"I say!" cried Zatonyi, "that's a bright idea! We'll hang them both."

"Nonsense, _amice_!" said Shoskuty; "the other man is not before the

court-martial."

"If you arraign him, you may do so," said the assessor. "I know of a

precedent. I know of a thief who was just on the point of being turned

off, when he saw an accomplice among the crowd. He points him out; the

judge sends his men to arrest him. The fellow runs away, they overtake

him, and, by G--d! the rascal shows fight. Was it not glorious! They

take him back and hang him, on the spur of the moment, by the side of

the other fellow; and the judge put into his report that he had hanged

two thieves instead of one."

"Devil of a mess he got himself into," said Shoskuty. "Queer notion

that!"

"Mess? oh yes, he got into a mess; for now-a-days there's not a knave so

bad but he finds somebody who takes his cause up: and, in short, they

tell me the judge would have lost his place if he had not resigned, but

that was all."

"It was a murder!" cried Völgyeshy--"neither more nor less than a

murder!"

"My friend," said the assessor, with a pitying glance at Völgyeshy,

"_denique_, you don't know the world. However, I do not mean to urge my

view of the case: all I can say is, it's a pity if we do not hang the

two. But here's the prisoner!"

The door opened, and Viola entered, chained, and surrounded by armed

men.

CHAP. VI.

The appearance of the prisoner produced a profound sensation in the

court. Kishlaki felt deep pity for his misfortunes, though he could not

but admit that his fate was in part merited. Völgyeshy, who had heard

enough to convince him that there was no hope of the court pronouncing

in favor of Viola, shuddered to think that the man whom he saw was

doomed to die before sunset. Mr. Catspaw showed great uneasiness when he

heard the rattling of the chains; and Shoskuty, who had never seen the

robber, was quite as much excited by his curiosity as Mr. Skinner by the

feelings of ill-dissembled triumph with which he watched the prisoner's

features and carriage. Zatonyi alone preserved his habitual composure.

"At last you've put your head in the snare, you precious villain!" cried

Mr. Skinner. "Well, what do you say? Whose turn is it to be hanged?

Yours or mine, eh?"

The president of the court looked amazed; but Mr. Skinner laughed and

said:

"Perhaps you are not aware of my former acquaintance with Viola? There's

a bet between us two, who is to hang first; for that fellow has sworn to

hang me, if ever I fall into his hands. Is it not so, Viola?"

"No!" said the prisoner, "it's not so. If I swore I would be revenged,

it is well known that I had good cause for it; I have to thank this

gentleman for my wretched life and shameful death. But I never vowed to

hang you!"

"Never mind!" shouted the justice. "You are humble enough now that you

are in the trap; but I am sure you would have kept your word, if you had

been able to put your hands upon me. I, too, have sworn an oath, to hang

you where I find you--now tell me who has the worst of it?"

"I know that all is over with me," replied Viola, fixing his dark eyes

upon the justice; "there is no one to take my part--I know I must die;

but it is cruel to insult a dying man."

Völgyeshy, who was scarcely able to repress his feelings, interfered,

and protested in Latin that there was a vendetta between the accused and

one of the judges, and that another judge must be found. But his protest

had no other effect than an admonition, which the president gave Mr.

Skinner in very bad Latin, to eschew such light and irrelevant

conversation; and the court commenced forthwith to examine the prisoner.

Viola replied calmly and simply to the questions which were put to him;

and at last, as though wearied by the length of the examination, he

said:

"What is the use of all this questioning? It is a pity the gentlemen

should lose their time with me. Mr. Skinner has told me that I am to be

hanged; why, then, should I waste my words in an attempt to save my

life? I'll confess any thing you like, I don't care what it is; for,

believe me, if it had not been for my family, I would never have waited

till this day. I would have hanged myself in the forest, to make an end

of it, I assure you."

"But how can you possibly confess, when you are ignorant of what you are

accused of?" said Völgyeshy. "You stand before righteous judges. Speak

out, man, honestly and freely, as you would speak to God; for, believe

me, the judges are by no means agreed upon your sentence."

"Thanks to you for your good will," said the culprit; "but I know there

is no help. I am a robber; I have been taken in arms; they will hang me.

They may do it; but let them make haste; and spare me your questions!"

Mr. Catspaw, who showed some uneasiness, interposed, and said:

"If he refuses to confess, we cannot force him: it is expressly set

forth in the articles, that no violence is to be used to obtain a

confession. Our best plan is to read the questions to him, and if he

refuses to answer to them, why it's his own business, not ours."

"No!" said Völgyeshy; "this man ought to know that his fate does not

depend on the decision of the worshipful Mr. Paul Skinner; that the

court are prepared to listen to his defence, and that the verdict will

be dictated neither by hate nor revenge, but by pure and impartial

justice. If the prisoner knows all this, which it appears he does not,

he may possibly be induced to reply to the charges."

He turned to Viola, and continued:

"Speak out, my man. Your life is in the hands of these gentlemen, who

have to answer for it to God, your judge and theirs. Pray consider that

unless you speak, there is no hope for you. Think of your family; and,

tell us plainly, is there any thing you have to say for yourself?"

Kishlaki was deeply moved; Mr. Catspaw cast an angry look at the

speaker; and Zatonyi yawned.

"I will not speak in my own defence!" said the prisoner.

"Pray consider," urged the young lawyer; "the court will listen to any

thing you may say. These gentlemen have a painful duty to fulfil; but

they are far from wishing to take your life. If you can give us any

excuses, do so, by all means."

"It is provided, in Chapter 6. of the Articles, that the prisoner shall

not be wheedled into a confession," said Zatonyi, with an expression of

profound wisdom.

"Gentlemen," said Viola, at length, "may God bless you for your

kindness, and for your wishing to help me! but, you see, it's all in

vain. There are, indeed, many things I might say in defence; and when I

go to my God, who knows all and every thing, I am sure He'll judge me

leniently; but there is no salvation for me in this world. You see, your

worships, there is no use of my telling you that, once upon a time, I

was an honest man, as every man in the village of Tissaret can prove.

What is the use of my saying that I became a robber not from my own free

will, but because I was forced to it; that I never harmed any poor man;

that I never took more from the gentry, in the way of robbing, than what

was necessary to keep life in my body; and that I never killed any one,

unless it was in self-defence? Am I the less punishable for saying all

this? No. Whatever my comrades may have done is scored down to _my_

account. I am a robber, and a dead man."

"All this may serve to modify the sentence. But what do you mean by

saying that you were _forced_ to be a robber?"

"Ask his worship, the justice of the district," said the prisoner,

looking at Mr. Skinner: "he knows what made me a robber." And he

proceeded to tell the tale of his first crime.

"It's true; it's as true as Gospel," sighed Kishlaki. "I came to

Tissaret on the day after the thing had happened, when the sheriff told

me all about it."

"_Nihil ad rem!_" said Zatonyi.

"But what does it avail me?" continued the prisoner, whose pale face

became flushed as he spoke: "what can it avail me to tell you all the

revolting cruelties which were practised against me, and which to think

of gives me pain? Am I the less a robber? Will these things cause you to

spare me? No; I ought to have suffered the stripes, and kissed the hands

of my tyrant; or I ought to have left my wife in her darkest hour,

because nothing would serve my lady but that _I_ should drive her to

Dustbury. How, then, could I, a good-for-nothing peasant[26], dare to

love my wife! How could I dare to resist when the justice told them to

tie me to the whipping-post! But I dared to do it. I was fool enough to

fancy that I, though a peasant, had a right to remain with my wife; I

could not understand that a poor man is a dog, which any body may beat

and kick. Here I am, and you may hang me."

[Footnote 26: See Note IX.]

"I'll tell you what, you'll swing fast enough, my fine fellow!" said

Zatonyi, whose cynicism was not proof against the prisoner's last words.

"What, man! hanging's too good for you; that's all I have to say!"

"You see, sir," said Viola, appealing to Völgyeshy, "you see, I told you

there is nothing that can excuse me in the eyes of mankind. But there's

a request I have to address to the court."

Mr. Catspaw trembled, as the prisoner went on.

"When I left the burning hut in which Ratz Andor shot himself, I held

some papers in my hands, which were stolen from the house of the notary

of Tissaret."

"So you confess to the robbery?" cried Zatonyi.

"No, sir; I do not. God knows, I am guiltless of that robbery," cried

Viola, raising his hands to heaven: "but that's no matter. All I say is,

that I had the papers, and that I took them away with me; and if you

mean to prove by that that I committed the robbery, you may. I do not

care: all I say is, that I took the papers with me."

"It's a lie!" murmured Mr. Skinner.

"No; it's not a lie: it's the truth, and nothing but the truth! When I

left the hut I was blind and unarmed: I held the papers in my hands, and

I felt some one snatch them away from me--I can take my oath on it!--and

my senses left me; when I recovered I was bound, and in the hands of the

Pandurs and peasants. They dragged me to St. Vilmosh. I asked for the

papers, for they belong to Mr. Tengelyi; and it was for their sake I

surrendered, because I did not wish them to be burnt; for they are the

notary's important papers. But I understand that, when I left the hut,

there was no one by except the justice and Mr. Catspaw; and the justice

says that I had no papers. I most humbly beseech the court to order the

justice to give those papers to the rightful owner."

"May the devil take me by ounces if I've seen the least rag of paper!"

cried Mr. Skinner.

"Sir," said Viola, "I am in your power: you may do with me as you

please; you may hang me if you like; but, for God's sake! do not deny

me the papers. I am under great obligations to Mr. Tengelyi. He relieved

my family in the time of their distress; and I wish to show my gratitude

by restoring those papers to him. I have come to suffer a disgraceful

death----"

"You impertinent dog!" cried Mr. Skinner; "how dare you insinuate? how

dare you say? how dare you---- I am insulted; I insist on the court

giving me satisfaction."

"I am in the hands of the court," said the prisoner. "Beat me, kick me,

torture me; but give me the papers!"

"I am sure it's a plot," whispered Mr. Catspaw to the assessor.

"Tengelyi declares that his diplomas are gone. Who knows but he may be a

patron of this fellow?"

"Nothing is more likely," replied the assessor.

"What, fellow! what, dog! do you mean to say that I _stole_ the papers?"

"All I say is, that I _had_ the papers in my hands, and that some person

took them away. I wish the court would please to examine the Pandurs,

who will tell you that nobody was near me but the justice and Mr.

Catspaw."

"This is indeed strange," murmured Mr. Kishlaki. Mr. Skinner pushed his

chair back, and cried,--

"The court cannot possibly suffer one of its members to be accused of

theft!"

"Yes, too much is too much," said Zatonyi, with a burst of generous

indignation: "if you do not revoke your words, and if you do not ask

their worships' pardon, we will send you to the yard and have you

whipped!"

Viola answered quietly, that he was in their worships' power, but that

he would repeat what he had said to the last moment of his life; and

Zatonyi was just about to send the prisoner away to be whipped, when

Völgyeshy reminded him in Latin that the Sixth Chapter of the Articles

made not only prohibition of what the assessor had been pleased to term

"wheedling," but also of threats and ill-treatment.

Baron Shoskuty remarked, that the young lawyer's explanation of the

articles was sheer nonsense, for the prisoner would not be under

restraint, if Mr. Völgyeshy's commentaries were accepted as law. He

might call the worshipful magistrates asses; nay, he might even go to

the length of beating them, without suffering any other punishment than

being hanged. This able rejoinder induced the judges to re-consider Mr.

Zatonyi's proposition to inflict corporal punishment on the prisoner,

and nobody can say what would have come of it, but for the firmness of

Völgyeshy, who protested that he would inform the lord-lieutenant and

the government of any act of violence to which they might subject the

culprit. This threat had its effect. Baron Shoskuty, indeed, was heard

to murmur against the impertinence of young men; while Mr. Zatonyi made

some edifying reflections about sneaking informers: but this was all. No

further mention was made of the whipping.

While the above conversation was being carried on in a tongue of which

he could but catch the sounds, and not the meaning, Viola stood quietly

by, although a lively interest in the words and motions of the speakers

was expressed in his face. Messrs. Catspaw and Skinner conversed in a

whisper. At length the attorney turned round and addressed the court:--

"As the prisoner has thought proper to accuse _me_," said he, "it is but

right that I should be allowed to ask him a few questions. You said I

was near you when you left the hut, did you not? Now tell me, did you

see me at the time?"

"No, I did not; I was blind with the smoke and fire in the hut: but the

peasants told me that the two gentlemen were near me, and I felt

somebody snatch the papers from my hand."

"Do you mean to say that the smoke in the hut was very dense?"

"I could not see through it; at times the flames were so fierce that

they nearly blinded me."

"But how did you manage to save the papers?"

"They lay by my side on my bunda. I seized them, and took them out. They

were wrapped in a blue handkerchief."

"He speaks the truth," said Mr. Catspaw, smiling; "or, rather, he tells

us what he believes to be the truth. He held something in his hand, when

he rushed from the hut more like a beast than like a human creature, I

assure you, my honourable friends. I was not at all sure whether it was

not a weapon of defence; I snatched it away, and on examination I

identified it as a most harmless handkerchief, which certainly was

wrapped round some soft substance. But," continued he, addressing the

prisoner, "if you fancy you saved the papers, my poor fellow, you are

much mistaken, indeed you are! My dear Mr. Skinner, pray fetch the

parcel which we took from Viola at the time of his capture."

Mr. Skinner rose and left the room.

"The papers were in the handkerchief, I'll swear!" said Viola; but his

astonishment and rage were unbounded when the judge returned with the

parcel, which, on examination, was found to contain a pair of cotton

drawers. He knew it was the handkerchief, the same in which he had

wrapped the papers, and yet they were not there! How could he prove that

they had been stolen?

"I trust my honourable friends are convinced," said Mr. Catspaw, "that

the wretched man has no intention of imposing upon the court. I believe,

indeed nothing can be more probable than that he was possessed of

Tengelyi's documents; and it is likewise very probable that he intended

to save those papers; but, according to his own statement, he was half

blind with the fire and smoke, and instead of the papers he took another

parcel--some other booty perhaps. Nothing can be more natural----"

"Yes, indeed!" interposed Baron Shoskuty. "_Nemo omnibus!_--you know!

Awkward mistakes will happen. Perhaps you will be pleased to remember

the fire in the house of the receiver of revenues in the ---- county.

The poor man was so bewildered with fear, that all he managed to get out

of the house was a pair of old boots. The whole of the government money

was burnt. The visiting justices found the money-box empty--empty, I

say! All the bank notes were burnt, and nothing was left but a small

heap of ashes."

"Gentlemen!----" said Viola at length; but Mr. Catspaw interrupted him.

"I implore my honourable friends not to resent any thing this wretched

creature may say! I am sure he speaks from his conscience; nor is he

deserving of chastisement. He is a prey to what we lawyers term

'_Ignorantia invincibilis_!'"

"Of course! of course!" said Baron Shoskuty. "It's a legal remedy, you

know."

"Gentlemen!" said the prisoner, "I am a poor condemned criminal; but the

judge and Mr. Catspaw are mighty men. And I am doomed to appear this day

before God's judgment-seat! What motive should I have for not telling

you the truth? May I be damned now and for ever,--yes, and may God

punish my children to the tenth generation,--if the papers were not in

this very cloth!"

"I told you so!" said Mr. Catspaw, still smiling. "I knew it. This man

is doting,--'_borné_,' to use a French term. He'd say the same if we

were to put him on the rack!"

"It is all very natural," said he to the prisoner. "You've made a

mistake, that's all. Pray be reasonable, and consider, if you had

brought Mr. Tengelyi's papers from the hut, what reason could I, or Mr.

Skinner, have for refusing to produce them?"

"Of course!" said Baron Shoskuty. "What reason could these gentlemen

have? How is it possible to suppose such a thing?"

Viola was silent. He stood lost in deep and gloomy thoughts. At last he

raised his head, and asked that the attendants might be sent away,

adding, "I am in chains, and there are no less than six of you. You are

safe, I assure you."

The room was cleared. Viola looked at Mr. Catspaw, and said:--

"What I have to tell you, will astonish you all, except Mr. Catspaw. I

never wished to mention it, and I would not now allow the servants to

hear it, for my wife and children live at Tissaret, and the Retys may

perhaps be induced to pity the poor orphans. But if it is asked what

reason the attorney can have for not producing the notary's papers, I

will simply say that Mr. Catspaw is most likely to know his own mind and

his own reasons, and good reasons they must be, to induce him to bribe

somebody to steal the papers,--for, to tell you the truth, it was he who

planned the robbery."

The attorney trembled.

"Really, this man _is_ malicious!" cried he. "I am curious to know what

can induce him to accuse an honest man of such a thing?"

"Don't listen to his nonsense!" said Baron Shoskuty.

But Mr. Völgyeshy insisted on the prisoner's being heard, and Viola told

them the history of the robbery, from the evening on which he listened

to the attorney's conversation with Lady Rety, to the night in which he

seized the Jew in Tengelyi's house, knocked him down, and fled with the

papers. The only circumstances which he did not mention were, the fact

of his having been hid in the notary's house when Messrs. Catspaw and

Skinner pursued him in Tissaret, and his conversations with the Liptaka

and Peti. Mr. Catspaw listened with a smile of mingled fear and

contempt; and when Viola ceased speaking, he asked for permission to put

a few questions to the prisoner.

"Not, indeed," said he, "for the purpose of defending myself or Lady

Rety against so ridiculous an accusation, but merely to convince this

fellow of the holes, nay, of the large gaps, in his abominable tissue of

falsehoods." And turning to Viola, he asked:--

"Did you inform anybody of the conversation which you pretend to have

overheard between me and Lady Rety?"

"No, I did not."

"Pray consider my question. Is there any one to whom you said that some

one wished to steal the notary's papers? We ought to know your

associates. Now, did you not speak to Peti the gipsy, or to that old

hag, the Liptaka?"

Viola persisted in denying the fact. He was too well aware of the

disastrous consequences this avowal would have for his friends.

Mr. Catspaw went on.

"Where did you hide at the time we pursued you in Tissaret?"

Viola replied that he was not in Tissaret.

"Do you mean to say you were not in the village?"

"No!"

The attorney sent for the old Liptaka, to whom he read her depositions,

from which it appeared that the prisoner attempted to inform Tengelyi of

the intended robbery.

"What do you say to this evidence?" added he.

"That it is true, every word of it. I'll swear to the truth of my

words!" said she.

"Viola has confessed," said Mr. Catspaw, "that he told you of the

matter, when hiding in the notary's house, while we pursued him through

Tissaret. Is there any truth in this statement?"

The Liptaka, feeling convinced that Viola must have confessed as much,

said it was quite true, but that Tengelyi was ignorant of the prisoner's

presence. The old woman was sent away, and Mr. Catspaw, turning to the

court, asked triumphantly:--

"Did you ever hear of such impertinence? The prisoner protests that he

did not inform anybody of the alleged intended robbery; and the old

woman swears that Viola did inform her, for the purpose of cautioning

the notary. Then, again, the old woman did not say any thing to the

notary, without having any ostensible reason for not doing what she

alleges she promised to do. The prisoner will have it that he was not in

Tissaret at the time we pursued him; and the witness--why, gentlemen,

the witness deposes that the subject in question was mentioned to her at

that very time. I say, you great fool! if you had time for another batch

of lies, I would advise you to make out a better story. But let us go

on. Who told you that the Jew and Tzifra intended to rob the notary?"

"I cannot answer that question," replied Viola.

"Indeed? What a pity! I'd like to know the gentleman who gives you such

correct information; unless, indeed, you keep a '_familiaris_,'--a

devil, I mean."

"The only thing I told you was, that I knew of the robbery."

"But how did you know of it?"

"The Jew and Tzifra talked about it in the pot-house near Dustbury."

"Were you present? Did you hear them?"

"No! I had it from a friend."

"I'm sure it was your '_familiaris_,'--your devil, you artful dodger!"

said Mr. Catspaw, smiling; "but since you knew that the robbery was to

take place, why did you not inform the justice of it?"

"I was outlawed; a prize was offered for my head."

"Indeed, so it was; but your friend, why did not he inform the proper

authorities? Was he also _wanted_? and if so, why did he not inform

Tengelyi, or Mr. Vandory, who I understand has likewise lost his

papers?"

"I cannot tell you. Perhaps he did not find the notary. At all events,

he knew that I would prevent the robbery, so he told me of it."

"A very extraordinary thing, this!" said Mr. Catspaw; "for a man to

apply to a robber with a view to prevent a robbery! And you wanted to

prevent the robbery, did you not? Now tell me, did you set about it by

yourself? And what became of your comrade,--I mean the man who told you

about it? Did he, too, go to Tissaret?"

"There was no occasion for it."

"Still it is very extraordinary that you should not have hunted in

couples, knowing as you did that there were two men to commit the

robbery. What a capital thing for you if you could summon your comrades

to explain it all! For if some went to Tissaret to prevent the robbery,

there can be no harm in our knowing who your comrade is. He ought to be

rewarded for his zeal."

"I had no comrade. I was alone!" said Viola.

"Very well, you were alone; let it be so. Whom did you see in the

notary's house?"

"No one but the Jew; he who is now waiting in the hall."

"Did you see Tzifra?"

"No. The Jew alone was in the house."

"But the Jew swears that it was you who committed the robbery!"

"I don't care. I've said what I've said."

"Is there any thing else you have to say?"

"No."

"Very well. I've done with you," said the attorney, as he rang for the

servants.

"Take him away," said he, as the haiduks made their appearance. Viola

turned round and left the room.

CHAP. VII.

The contradictory statements of Viola and the Liptaka, and the character

of improbability which seemed to swim on the very surface of the charge

against Mr. Catspaw and Lady Rety, convinced the court that the whole of

Viola's confession was a stupid and malicious attempt to save his life

by means of another crime,--we quote Mr. Skinner's elegant address to

his friends. Völgyeshy himself could not pretend to give a moment's

belief to so utterly ridiculous a story.

"The business is as clear as daylight," said the assessor, at the close

of Mr. Skinner's speech. "The culprit makes no denial. All we have to do

is to make him sign his depositions, to confront him with the witnesses,

and to pronounce the sentence. It's just two o'clock. The prisoner ought

to have three hours to say his prayers in, and the sun sets before five.

My opinion is that we ought to look sharp!"

"I do not see why," said Kishlaki, whose anxiety increased as the

proceedings drew to a close.

"Why, indeed? Did I not tell you that I must go home to-night? There are

the potatoes, and the ploughmen, and what not!"

"We ought, indeed, to make haste," cried Baron Shoskuty, who, it

appeared, cared more for his dinner than for the sentence. "We cannot

allow our beautiful hostess to wait dinner for us."

"You cannot finish the proceedings to-day!" interposed Völgyeshy. "The

prisoner's depositions are of great length. I want at least two hours to

transcribe them from my notes."

"Nothing of the kind!" cried Mr. Skinner. "After Viola's capture I

examined him in the presence of Mr. Kenihazy. He has not since thought

proper to alter or revoke any thing in his former depositions; and

though I am sure you would do the thing more elegantly and neatly, yet I

flatter myself that our work will do for the present."

To this Völgyeshy replied, that though the prisoner had not indeed

altered or protested against his first depositions, still that he had

said many things which were not mentioned in the minutes of the first

examination, and that these additional details ought also to be

carefully added to the body of the evidence.

"What the deuce do you mean?" said Shoskuty, with a degree of

astonishment which did honour to his sense of justice--"can you think of

mentioning that Mr. Catspaw and the sheriff's lady intended to rob the

notary of his papers?"

"Of course. Any thing the prisoner may have said in court."

"This is truly monstrous!" cried Mr. Skinner.

"You know your duty, but allow me to inform you that I know mine. It is

yours to judge: it is mine to record the proceedings."

"_Sed rogo, domine spectabilis!_" cried Zatonyi, "is your head turned?

What on earth are you thinking of?"

"Of my duty," replied Völgyeshy; "it is my duty, I take it, to make a

clear and perfect statement of the case."

"But in every case there is a deal of irrelevant matter. Suppose the

prisoner were to preach us a sermon, or he were to give us the

prescription of a plaster for corns and bunions, would you state that

kind of thing?"

"My opinion of the prisoner's statements is, that they are not

irrelevant."

"But, my dear friend," said the Baron, with the greatest possible

politeness, "only please to consider that our friend Zatonyi must go

home to-night on account of his potatoes, which he will be prevented

from doing if you persist in your intention of taking down all the

nonsense which the culprit told us. And pray consider, dear sir, that

Lady Kishlaki's dinner will be spoilt! It's but common politeness to

make an end of it, and have done."

"The life of a fellow creature is at least quite as much worth as Mr.

Zatonyi's potatoes; and, as for common politeness, I, for one, care more

for common fairness."

"I should think so!" muttered Zatonyi.

"But, sir, you are uncommonly stiff-necked!" sighed the Baron.

"Why," said Mr. Kishlaki, nervously, "it strikes me that we had better

adjourn till to-morrow morning. By that time, I trust, Mr. Völgyeshy

will have completed his labours, and Mr. Zatonyi----"

"No! it's utterly impossible! Nobody can be more zealous than I am. I am

always at sessions, always! but to neglect my household duties for a

mere whim--an idle fancy----"

"God forbid that you should!" said Kishlaki, kindly. "But since Mr.

Völgyeshy tells us that he feels in conscience bound to take down the

whole of the prisoner's depositions, and since he cannot possibly do it

in half an hour----"

"Ej Bliktri!" said Zatonyi, angrily; "I've attended a score of

courts-martial, and in cases too which it would take a common court many

months to come to the bottom of, and for all that we never wanted more

than a day for the trial and hanging; and am I to be stopped by this

case? I never heard of such pretensions as Mr. Völgyeshy's! It is said

in the articles that the prisoner is to sign his depositions; that his

name, age, crime, and the manner of his capture are to be mentioned in

the said depositions; but it is nowhere said that they must contain any

nonsense which the prisoner may be pleased to talk; and I ask you, Mr.

Völgyeshy, sir! why on earth do you persist in your extraordinary, and,

let me say, ridiculous conduct?"

"Because I think it requisite for the credibility of the proceedings;

and besides, you are aware that a suit on the question of noble descent

is being preferred against the notary of Tissaret. This suit is

materially affected by Viola's confession, which proves that certain

papers were feloniously taken from the notary's house."

"It strikes me," exclaimed Mr. Catspaw, "that there are persons who

insist on my own name, and especially that of my Lady Rety, being

mentioned in the minutes, and in a highly insulting and offensive

manner too. Well, be it so! Lady Rety will at least have one advantage,

that of knowing her friends; for everybody must see that to mention this

affair is perfectly gratuitous."

"God forbid!" said Baron Shoskuty, "that any thing should be recorded in

the minutes which might give her ladyship only a moment's uneasiness;

indeed----"

"_Tot capita, tot sensus_," proceeded the attorney; "but my honourable

friends must admit that my Lady Rety and your humble servant cannot feel

pleased with Viola's calumnious statements being sent to his Excellency

and the government, particularly since the robber's death deprives us of

all means of proving the falsehood of his statements. And I put it to

you whether it is becoming and decent in a man of Mr. Völgyeshy's

character and position to make the duties of his office serve him as a

means for his revenge? for we all know that he is among the most zealous

of Mr. Rety's opponents."

"It's really infamous, that it is!" cried Mr. Skinner.

"I won't suffer it!" growled the assessor.

Shoskuty shook his head, and bewailed the factious spirit of the county,

which caused certain individuals to take advantage of judicial

proceedings, for the purpose of annoying their political adversaries.

Mr. Kishlaki, who had his reasons for avoiding any thing in the shape of

a quarrel with the Rety family, endeavoured to mediate between the

hostile parties. "I am sure," said he, "Mr. Völgyeshy has no idea of

insulting our respected sheriff, though he forgot that his intention

must necessarily grieve the illustrious family of the Retys. If the

papers remained in the archives of the county, there could be no harm in

your recording the whole of the evidence; but as this is not the case, I

am sure, sir, you cannot wish to annoy one of the greatest families of

the county; for I take it you must be aware of the truth of Mr.

Catspaw's argument, that the death of the prisoner deprives the very

respectable persons whom he has slandered of the means of putting him to

shame."

"What prevents Mr. Catspaw from preserving the means of defence?" said

Völgyeshy, with a flush of generous excitement in his pale cheeks.

The worshipful gentlemen looked amazed, but the lawyer proceeded:

"A single dissentient vote is enough to save the prisoner's life. If Mr.

Catspaw thinks that Viola's confession is likely to injure him or Lady

Rety, let him give that vote, and thus preserve the possibility of

disproving Viola's statements."

"Oh, yes!" cried Mr. Kishlaki, eager to obtain the two objects next to

his heart, namely, the liberation of the prisoner and the conciliation

of the Rety family. "Yes, sir; to show my high respect for the sheriff,

I am ready to give that vote!"

"_Per amorem! Domine spectabilis!_" shrieked Zatonyi; "do you mean to

say that the fellow is not to be hanged?"

"Shocking! shocking!" sighed Baron Shoskuty, with an appealing look to

heaven; "the robber is in our hands; our honourable friend Mr. Skinner

has covered himself with glory, and risked his life, in capturing him;

he indicts him before a court-martial, and _we_--_we_ discharge the

fellow! Nobody ever heard of such a thing!"

"I, for one," cried Mr. Skinner, "won't allow you to make a fool of me!

What the devil! is a man to risk his life for nothing? You won't catch

me again at this kind of thing, I assure you!"

"Not hang the rascal?" roared Zatonyi. "I've attended scores of

courts-martial, but I never heard of any thing like it. It's

prostituting justice! it's protecting crime! it's----"

"Of course; so it is," said Baron Shoskuty; "it's putting a premium on

robbery! it's a deleterious example!"

"Public safety will go to the dogs!" howled Mr. Skinner; and they all

spoke at once: "Scandalous!--infamous!--new doctrines!--_fautores

criminum!_--disgrace!" such were the words which predominated in this

Babel of angry voices, until Mr. Völgyeshy at length silenced them. He

protested what he wanted was not the liberation of the prisoner, but the

transmission of the prosecution to the ordinary court.

"Of course!" sneered Mr. Zatonyi; "are we not aware of the practice of

the court? I know of three cases,--I was not present, for if I had been

I would not have allowed it; but I know of three cases in which the

prisoners were sent to the courts; and what was the consequence? Why,

one of them was sentenced to three months', and the second to a year's

imprisonment; as for the third, they let him off altogether, though I'd

bet you any thing the fellow was a robber. Don't you think, sir, we are

so green as all that! The county has the right of court-martial for the

purpose of using it; and use it we will!"

"I do not think that the courts-martial were granted under the express

condition that a few people should be hanged every year," said

Völgyeshy.

"It appears," said Mr. Catspaw, "that the liberation of the prisoner,

or, at least, his prosecution in a common court, has been proposed for

the purpose of favouring the Lady Rety and me. But I feel myself

authorised to protest, in Lady Rety's name, that neither she nor I can

consent to the court allowing themselves to be influenced by any private

feelings in our favour, however flattering those feelings may be to her

ladyship."

"Mr. Catspaw, sir, you are a gentleman!" said Baron Shoskuty; and the

question was at once put, whether the prisoner's first depositions

should be authenticated, or whether it was advisable to make out a new

relation of the facts, and to adjourn the sentence to the following day.

Kishlaki advocated the second alternative; but he was overruled by the

court, and nothing was left to Völgyeshy but to declare that he would

not and could not obey the instructions of the court. Kishlaki was

greatly shocked by this declaration; Zatonyi swore; the Baron rose, and

shaking his most honourable friend's hand, he entreated him to pardon

them if their resolution was offensive to him.

"Consider the _homo sum, amice_! consider the _nihil humanum_!--we all

pay unbounded respect to your principles and talents, but to the

majority you ought to submit. Consider that every body does so, and I am

sure you will see----"

But Völgyeshy protested that he could not, in the present case, _join_

the decision of the majority, though he acknowledged he had no legal

remedy against them. That was the reason why he wished to withdraw. His

firmness, or (as Shoskuty called it) obstinacy, threw the court into

hopeless confusion, and there is no saying what they would not have

done, if Mr. Catspaw had not volunteered to discharge the functions of a

notary.

"Sir, your offer is accepted, gratefully accepted, I say," cried

Zatonyi. "Mr. Völgyeshy, who has just entered the service, will in time

find out that a man is none the worse for doing his duty according to

the decision of a majority. Leave him alone with his principles! he'll

soon get tired of them, I'll warrant you!"

"Mr. Völgyeshy," said the attorney, with a sneer, "has brought the

matter to this point for the purpose of saving the prisoner's life,--a

noble and generous feeling, gentlemen, especially in this time of

general philanthropy,--quite a romantic feeling, I assure you,

gentlemen. But we, who are older, and, let me say so, tougher, cannot

imitate his example, though I trust the noble young man gives me credit

for appreciating his motives. As I told you, I am ready to officiate in

his place; but I think Mr. Völgyeshy, seeing that his refusal to act has

no effect upon us, will not persist in his refusal. Am I right, my

generous young friend?"

But the generous young friend rose, and pushing his batch of papers to

Mr. Catspaw, he declared that nothing could induce him to take a part in

the proceedings, which he went to the length of designating as an act of

judicial tyranny.

This bold declaration called forth a fresh torrent of abuse.

"Disgraceful!" cried Mr. Skinner.

"It's infamous!" said Zatonyi.

"You ought to be ashamed of yourself, sir!" snarled Mr. Catspaw.

"Gentlemen," said Völgyeshy, when their frantic rage had in a manner

subsided, "I meant no offence to any of you. Allow me to explain what I

said."

"Explain? What the devil do you mean to explain, sir?" cried Zatonyi.

"Do you mean to say, sir, that we are murderers? Are you aware that you

have no vote? To insult the judges is an infamous act; d--n you, sir,

you're infamous, sir!"

"Yes!" said the Baron; "let us pass a resolution to that effect."

"Do you mean to do it by court-martial?" asked Völgyeshy, with a

scornful smile.

"Yes, sir! In any way, sir! I'm sure _I_ don't care. Whoever insults the

judges or the court is infamous! That's written law, sir! it's in the

_corpus juris_. And you'll find it law, sir, and to your cost, sir!"

"It is _ad horribilationem_!" groaned Zatonyi.

"You may, if you please, pass a resolution of infamy against me," said

Völgyeshy; "but permit me, not indeed for the sake of those who care for

nothing except the execution of the prisoner, but out of love and

respect for your president----"

"_Captatio benevolentiæ!_" cried Zatonyi. "Our respected president wants

no flatteries from the like of you!"

"----direct the attention of the court----"

"The attention of the court wants no direction whatever," said the

Baron.

"----to the heavy responsibility which rests with every one of you, if

the present proceedings are brought to a fatal end."

"What, the devil! are the judges to be made responsible? I never in all

my life----"

"Halljuk! halljuk!" said Kishlaki, who listened with great eagerness.

Völgyeshy took the articles, and pointed out to the court that their

safety consisted in the strict legality of their proceedings, and that

the present case did not come within their jurisdiction.

"_Crassa ignorantia!_" said Zatonyi, contemptuously, "as is but too

common among the young gentlemen of the present day. Viola's case is a

court-martial case with a vengeance!"

"But the details----"

"_Crassa ignorantia!_" cried the assessor, raising his voice. "Did he

not resist the capture? Did he steal Tengelyi's papers because they were

eatables? which, I admit, would constitute an extenuating circumstance;

or is he under age, or a lunatic? Or is the gang to which he belongs

indicted before any court at law?"

Völgyeshy remarked, that the case was so intricate that it would take

the court at least three days to sift it.

"Three days, indeed! I'd do away with twenty of these rascals in much

less time than that!"

"It seems you have forgotten what the prisoner said concerning certain

accusations----"

"Which have nothing whatever to do with the question at issue," cried

Baron Shoskuty; "there's no mention of them in the minutes. I mean to

forget them."

"Sir!"

"Baron Shoskuty is right," said the assessor; "the prisoner's

nonsensical talk has nothing in common with the _species facti_--it's no

use mentioning it."

"But what is to become of the completeness of the record?" cried

Völgyeshy, angrily.

"It's a stupid formality. See chapter 6. paragraph 5. of the articles,

where it is provided that the court is at liberty to dispense with the

forms of the courts at law."

"Yes, we can do as we please, and in the very teeth of all manners of

forms, too," said the Baron.

"Of course you can hang the prisoner!" shouted Völgyeshy; "but I protest

that what you do is an act of violence, not of justice!"

"Hold your tongue, sir!----"

"The members of this court have no right to sit in it!--I appeal to the

articles!"

"Outrageous!" cried Zatonyi, rising from his chair; "what! are we not

assessors?--have we not taken our oaths?--are we not----?"

"Are we not lawyers of unblemished character?--men of firmness and

impartiality?" continued the Baron.

"Turn him out!" roared Mr. Skinner.

"Actio! Actio!" gasped Baron Shoskuty in his turn.

"I protest you are not impartial!" said Völgyeshy.

"Bliktri!" snarled Zatonyi; "what have the articles to do with

impartiality?"

"Very true! but suppose impartiality _were_ required," said Shoskuty,

violently, "suppose it _were_ required, what then? Are we not strictly

impartial? Which of us has said a single word in favour of the prisoner,

unless it be you? but, goodness be thanked! you've no vote, sir!"

"I am curious to know how you would manage to prove our want of

impartiality?" said Mr. Catspaw.

"I'll satisfy your curiosity, sir," said the young lawyer. "As for you,

you are accused, and it is evidently your interest to do away with the

accusation and the accuser. Of Mr. Skinner's want of impartiality there

can be no question. What shall we say of a judge who degrades his

office to the level of the hangman?"

"Meanness! Impertinence! Turn him out! Actio!" screamed the judges.

"No! You are not impartial! You are thirsting for the prisoner's blood!

You want his life to shield your own misdeeds! There is vendetta between

you and the prisoner! But I will not suffer it! I will publish the

proceedings! I will complain to the lord-lieutenant! I will----"

"Base informer! are you aware of the laws of 1805? Turn him out!" roared

the court; and Völgyeshy, finding that nothing could persuade them,

turned to leave the room, when Mr. Skinner rose and seized him by the

arm.

"Be off, you miscreant!" roared the valorous judge.

Völgyeshy pushed him back, and taking his hat, he bowed to the

president, and withdrew.

The uproar in the justice-room attracted the attention of the people

outside in no slight degree. The conversation of the haiduks, Pandurs,

witnesses, and servants gradually ceased, and every one listened to the

noise of angry voices in the justice-room. The Liptaka sat close by the

door listening to the dispute, and from time to time she would turn to

the smith and inform him that Viola's case was very bad; "for," said

she, "if the gentlemen get out of temper with each other, they always

manage to make a poor body suffer for it:" a remark to which the smith

did not fail to respond with deep sighs.

Viola alone paid no attention to the quarrels of his judges. Surrounded

by a troop of armed men, he leaned against one of the wooden pillars of

the hall, looking towards the gate where his wife and children stood.

All the robber's thoughts were of them. When the door opened, and

Völgyeshy entered the hall, Viola turned round, for he thought they had

sent for him to read his sentence. He longed for it; for the Pandurs had

told him that, after hearing it, he would be allowed to speak to his

wife. Calling to Völgyeshy, as the latter approached, he said: "Is it

over?"

"Not quite," answered the lawyer.

"But why do you leave them?"

"I have no vote. I cannot be of any use to you."

"I thought so," said Viola, with a bitter smile. "God bless you for

having given yourself all this trouble for the sake of a poor man; but,

if you will show me pity, tell them to allow my wife to come to me.

There she stands, by the gate; there she stands, with her children!

They've pushed her back: they will not let her speak to me! All I want

is to have her with me. You see I am chained and closely watched, and

in a few hours I shall be a dead man. What harm can there be in

lessening the anguish of my poor, wretched wife!"

Völgyeshy said nothing; but he walked precipitately up to the place

where Susi stood, took her by the hand, and led her to Viola's arms. The

wretched people did not speak: they wept, and trembled; the little boy

took and kissed his father's hand, sore as it was with the weight of the

chain: and the large tear-drops rolled over the robber's pale face.

The burst of generous indignation in which the members of the court had

for a time indulged was, meanwhile, subsiding. Mr. Catspaw, seated in

Völgyeshy's place, arranged that gentleman's papers and notes to his own

liking; and though Mr. Skinner still continued to vent his spleen in

frequent and indecent exclamations against the young lawyer's

impertinence, it was found that none of the other members of the court

sympathised with his protracted irascibility. Baron Shoskuty and the

assessor Zatonyi talked of their dinner and other important matters. Mr.

Kishlaki alone seemed distressed and nervous.

Viola was at length summoned before the court to sign his depositions.

When they were read to him, he observed that they contained none of his

statements about Tengelyi's papers; but upon Mr. Catspaw informing him

that he was merely required to testify to the correctness of those

things which _were_ stated, and that the other parts of his confession

would be taken down separately, he made no further objections, but

signed his name, to the immoderate satisfaction of the cunning attorney.

Nothing was now wanting but the sentence. The assessor yawned fearfully,

offered his snuff-box to everybody, and protested that he had never had

so troublesome a sitting. Baron Shoskuty consulted his watch (for the

twentieth time, at least), and informed the court that it was past three

o'clock, and that the want of his dinner had given him a headache:

_denique_, (to use his own words,) "there was no time to be lost."

Acting up to this hint, Mr. Catspaw made a short _résumé_ of the facts;

and concluded by protesting that there could be no doubt about the

sentence of capital punishment. Mr. Skinner said the same. Mr. Zatonyi

laughed, and swore that Miss Lydia Languish herself could not find

another verdict!--an opinion upon which the Baron commented at great

length, for the purpose of finally adopting it. Mr. Kishlaki alone sat

silent and anxious, turning to each of the judges with a sigh as each

recorded his sentence; until, at length, he pretended to fall into a fit

of profound meditation.

"Really," said Baron Shoskuty, at length, producing his watch to add to

the strength of his arguments, "I must ask my honourable friend's pardon

for disturbing him in his reflections on the enormity of the crime; but

really we ought not to abuse Lady Kishlaki's patience."

"You are right," said the president, greatly relieved; "quite right, my

dear sir: let us adjourn till to-morrow morning. This confounded

execution cannot possibly take place to-day."

"Oh! why should it not?" asked Zatonyi, indignantly. "Did I not tell you

that I must go home? My potatoes----"

"We are bound to grant the prisoner at least three hours," said the

president; "and it's quite dark at five o'clock. You would not hang him

by candlelight, would you?"

"My honourable friend is quite right," cried Shoskuty. "We ought to have

a game at tarok after all this trouble. Besides, I owe the gentlemen

their revenge for the pagat. But why should we not pass the sentence

to-night, and have it executed at an early hour to-morrow morning?"

"Because," said Mr. Kishlaki, nervously,--"because the decision rests

with me; and--because--I must own--that I have not yet made up my mind."

"_Domine spectabilis!_" cried Zatonyi, clasping his hands. "You, at your

time of life! You, who have served the county so many years, you have

not made up your mind? I've attended a score of courts-martial, and _I_

always made up my mind in less than a second. What would your enemies

say, if they knew it?"

Mr. Skinner, too, expressed his scorn of such weakness of mind in the

strongest terms; still Kishlaki would not be persuaded either to absolve

or to condemn the prisoner. He entreated his friends to wait till the

morrow. But his request was obstinately opposed by Mr. Catspaw, who knew

the man he had to deal with, and who was aware that Kishlaki would not

be able to resist the entreaties of his wife and son, and the reasonings

of Völgyeshy, if he was allowed to appear in their presence before he

had recorded his decision.

"I am sure," pleaded the attorney, "it cannot matter to us whether you

deliver your judgment to-day or to-morrow; but my wish is, that there

should be an end to the business. I wish it for the prisoner's sake.

After the sentence he will be at liberty to talk to his wife, to

prepare for death, and to make any arrangements he has to make. But if

it is really inconvenient, of course we cannot pretend that the

prisoner's wishes should be consulted in preference to yours."

Zatonyi, seeing the effect which these words had upon Kishlaki, remarked

that Viola was indeed a great criminal, whose agony ought in strict

justice to be prolonged _ad infinitum_; but that some consideration was

due to humanity, for he could not, he said, believe that any man in his

senses could for a moment doubt of the nature of the sentence, which his

honourable friend wished to delay. To this Mr. Catspaw replied, that

their worthy president could not have any such intention, and that he

(Mr. Catspaw) would never have dared to insinuate any such thing; but

that no one could be more fully aware than he (Mr. Catspaw) was, of the

solemn duty by which every judge was bound to disregard his own feelings

and passions; and that he (Mr. Catspaw) was convinced that his worthy

friend, Mr. Kishlaki, would eventually prove himself deserving of the

confidence of the county. And Baron Shoskuty gave them a homily on the

beauty of humane feelings, which, he said, imperatively demanded that

Viola should be sentenced off hand. And it was said, that it was

necessary to make an example, and that kindness to the wicked is cruelty

to the good. And Mr. Skinner told fearful tales of the enormities of

which Viola and his comrades had been guilty, and would be guilty,

unless a wholesome fear of courts-martial were propagated among the

people; till the poor old man, attacked on all sides, and unable to make

head against a torrent of arguments, which he had always been taught to

consider as irrefutable, was at length reduced to submission to the will

of his more crafty colleagues. With a deep sigh, he confirmed their

verdict.

"God sees my heart," said he, raising his eyes to heaven. "I know not

what I would give to spare the life of this man! but I cannot violate my

duty."

Mr. Catspaw commenced at once to draw up the sentence, while his friends

strove hard to dispel the gloom which settled on Kishlaki's face; when

the door was suddenly thrown open, and Susi, with a child in her arms,

rushed into the room, followed by two haiduks, who vainly strove to

detain her.

"Pity!" cried the wretched woman, throwing herself at Kishlaki's feet.

"Pity, sir! oh sir, don't kill my husband!"

Kishlaki would have raised her, but she resisted.

"No! no!" sobbed she; "let us kneel! let my child kneel! Come Pishta,

come, kiss this gentleman's hands! it is he who has to judge of your

father's life! Entreat him! pray to him, Pishta!"

"I pray, sir, do not kill my father!" sobbed the little boy.

"Did I ever--what impertinence!" cried Mr. Skinner. "This worshipful

court does not kill anybody!"

"No, God forbid!" said the poor woman; "do not mind the child's asking

you not to kill his father. He does not know what he says. He is the son

of a poor peasant; he has no education. I know I too talk wildly,

but----"

"My good woman," said Kishlaki, "my duties as a judge are painful, but

imperative and----"

"Oh, I do not ask the court to absolve him from all punishment. No! I do

not mean to say that. Punish him severely, cruelly, no matter how, only

don't kill him!--Oh! pardon me for saying the word. Oh, pardon me! Send

Viola to gaol for many years, for ever, if it must be so; but do spare

his life! Perhaps he has told you that he cares not for death--he is

fond of talking in this way--but don't believe what he said! When he

said it, he had not seen his children; but now he has kissed little

Pishta, I am sure he will not say so; and the baby too smiled at him as

he stood in his chains. Oh! if you could but see the baby, and if you

could hear it calling its father with its small sweet voice, you'd never

believe Viola when he says he wishes to die!"

"D--n your squeaking!" growled Mr. Skinner, "and d--n the blockhead that

let her come in! Be off, I say! Your husband's a dead man; if he's

afraid of death, why so much the better!"

"Did I say he was afraid of death?" sighed poor Susi. "I told you a lie!

Viola longs for death! Death is no punishment for him! If you want to

punish him, you must lock him up! He's often told me he would rather die

than live in a prison!"

Kishlaki looked at her with streaming eyes. Shoskuty produced his watch.

"Oh! sir, I know you will send him to prison! What is death to him? It's

but the pain of a moment; but we are the sufferers. I have two

children--this boy and the other child, which the Liptaka has in her

arms--the Liptaka, I mean the old woman at the door; and what am I to do

if their father is hanged?"

Zatonyi remarked, very judiciously, that it made no difference to the

children whether their father was hanged or sent to prison for life.

"Oh! but it does, sir. It may make no difference to your worships, but

it does to us. I know he will be of good behaviour. I will walk to

Vienna, I will crawl on my hands and knees after the king until he

pardons my husband; and if he will not pardon him, I shall at least be

allowed to see him in prison; I can show him the children, and how they

have grown! I can bring him something to eat and to put on--oh! for

pity's sake, send him to prison! It's a heaven for me; but death is

fearful!"

"Fearful, indeed! It's half-past three!" sighed Shoskuty.

"Now do be quiet," said Zatonyi, taking a pinch of snuff. "Besides, it's

too late. We've passed the sentence."

"The sentence! The sentence of death!" shrieked Susi.

"It's at your service," sneered Mr. Skinner, pointing to a paper which

was just being folded up by Mr. Catspaw.

"But suppose it is bad--it is faulty," muttered the woman. "Suppose I

say it's wrong--for death is not a punishment to Viola--it's _I_ that am

punished!"

"It's done, and can't be undone," said Zatonyi; "don't bore us with your

useless lamentations."

"It wants but a quarter to four," said the Baron. "I wonder whether this

scene is to last any longer?"

"But I pray," said Susi, shuddering; "it's but a sheet of paper. If you

take another, and write some other words upon it, you can allow Viola to

live."

"Oh indeed! Why should we not? Be off, we've had trouble enough on your

account! Mr. Catspaw won't write another sentence to please you."

"Not to please me; but because it's a question of life and death."

"My good woman," sighed Kishlaki, wiping his eyes, "we have no power to

alter the sentence!"

"No power? No----"

"It is impossible!" said Zatonyi.

The poor woman shrieked and fell on the floor. She was taken away; and

the sentence was read to Viola.

As the judges left the room, Shoskuty said to Zatonyi:--

"God be thanked that it is over!"

"God be thanked, indeed! I've never heard of such a court-martial----"

"_Denique_, if the president is a donkey," remarked Shoskuty.

"Yes; a man who weeps at the mere squeaking of a woman!" said Mr.

Skinner, as he joined the two worthies; "unless we all dun him he won't

allow the execution to take place."

"It's four o'clock now, and I'll bet you any thing the dinner is spoilt;

and the roast meats used to be excellent!" said the Baron, with a deep

sigh.

CHAP. VIII.

On his way from the justice-room to the house, Völgyeshy met Kalman and

young Rety's servant, Janosh; the former of whom held an open letter in

his hand: and his stamping, his unequal paces, and the sudden manner in

which he would turn upon his companion, showed that he was labouring

under a strong excitement. At some distance a groom was walking two

horses, whose appearance showed that their riders had paid more

attention to time than to the health of their beasts.

Völgyeshy was not in a temper to seek the society of others; and

observing that young Kishlaki did not see him, he turned and walked to

the house. But Kalman, whose attention was directed to him by a few

words from the hussar, rushed after him, and cried--

"Is it over?"

The violence with which these words were pronounced, startled Völgyeshy.

He stood still and said:

"Yes, it is over! They had settled the matter before they commenced the

sitting. But that farce--or sitting, if you like--continues still."

"But what are you doing here? Are you not a member of the court?"

"I have a seat, but no vote; and I left them because----" Völgyeshy

paused, and added: "We had better not talk of these things here. Let us

go to your room, where I'll tell you all; besides, I have a request to

make of you."

"I say, Janosh!" cried Kalman. "Go to my servant and get something to

drink. My groom will take care of your horse."

"No, no, young gentleman!" said the old man, shaking his head; "my horse

is number one, and I'm number two. Meat after corn, sir, that's the way

we did it in our time; and, besides, you see I've brought my master's

own horse. He's a jewel, and I wouldn't trust him with that lad for any

thing."

"Do as you please, Janosh; but when the horse is provided for, I must

see you."

When the two young men had entered the house, Kalman turned to

Völgyeshy, and said,--"Now tell me why, in the name of all that is

reasonable, did you leave the court?"

"Because I would not be a party to a murder! because I scorned to be a

tool in their hands--because I would not lend my hand to their knavish

and diabolical designs!"

"My dear friend, you're out of temper! How can you talk of such things

when my father is one of the parties concerned? I am sure _he_ would

never be guilty of any knavery."

"That was _my_ opinion. Believe me no one _can_ respect your father more

than I do. He's a good and blessed man! I have always said so, and I say

so now; but your father is weak, and his weakness neutralises the best

feelings of his heart. The wickedness and folly of this world are not at

the doors of the wicked and foolish alone, but also at the doors of

those honest and good men, whose weakness and laziness,--let me say

whose _gentility_,--cause them to suffer what they have the power to

prevent. The wicked are powerful, not because of their numbers and

strength, but because they are reckless, energetic, and daring; while

the good and honest are weak, and though they would scorn to act, they

are not ashamed at conniving at any meanness which they may set

a-going."

"I agree with you," said Kalman, "and I fear the remark applies in a

manner to my father; but, abuse them as you like, only tell me what has

happened!"

Völgyeshy gave him a short account of the transaction, and Kalman

listened with evident distress.

"Never!" cried he, when Völgyeshy concluded his tale; "impossible! They

cannot condemn a fellow-creature in that manner. My father will never

consent to it!"

"He will consent--indeed, I am sure he has already given his consent.

The question was decided when it was resolved that Viola's confession

respecting Tengelyi's papers should not be mentioned in the records."

"Confound it!" cried Kalman "And that letter which they sent me from

Tissaret. I must save him in spite of a hundred courts-martial!"

"Did they send you a letter? Did the sheriff perhaps?"

"No; but you know Akosh is wounded--Etelka writes in his name. Read the

letter."

Völgyeshy took the paper and read as follows:--

"Tengelyi's papers are of the greatest importance.

There is reason to believe that my brother's

happiness, that the happiness of all of us, is

concerned in your recovering them. Viola did not

commit the robbery. Whatever he may have confessed on

this subject, it is all true. He has acted far more

nobly than any one else can do--it is horrible to

think that he is to suffer death for his generous

conduct. Certain persons will move heaven and earth to

obtain a verdict against him, for his death removes

the only witness in the case of the papers. I entreat

you to save him! it is the first favour I ever asked

of you; and the very generous manner in which you took

Tengelyi's part at the election, gives me hope that it

will not be the last.

"ETELKA."

"You see, I am bound to save him! I'd forfeit my life to save him! I'm

bound to do it," cried Kalman.

"There is some signal villany going on," said the lawyer; "this letter

shows that my suspicions are but too well founded."

"What in ----'s name are we to do! By Jove I'll go down and tell Catspaw

that he is a rascal, and a dirty thief, and----"

"Not so fast!" said Völgyeshy, stopping the impetuous young man in his

way to the door. "If you make a scene, you will spoil all. It strikes me

that that fellow Catspaw is but the tool of others, a dirty tool, I

grant you, but still a tool; and, unless I am very much mistaken, there

are some people mixed up in this affair, whom it would not be wise in

you, and much less in Akosh and Etelka, to involve in a criminal

prosecution."

"Yes; but I say, let me go down! A single vote can save him, and my

father----"

At that moment Janosh entered the room, and informed them that the

sitting was over, and that Viola was sentenced to death.

"Confound me!" cried Kalman; "confound my being away from home this

morning! I was aware that our Gulyash is a friend of Viola's! I believed

that he would be able to get the papers; so I talked to him last night,

but he told me he had not seen any thing of the robber. I returned last

night, and early this morning I left for our Puszta to see our Tshikosh.

Nothing was known of Viola's capture when I started. The Puszta is more

than eleven miles from here; and when I had rested my horse, and indeed

when I was on my way home, confound it! I got this letter."

"Yes, sir!" said Janosh; "I had no idea that your worship had gone to

the Puszta. I've been up and down the county in every direction, and all

to no purpose, until some one told me you had taken that way."

"I know it's not your fault, Janosh. It's that cursed fate of mine! If

I had been at home, no harm would have come to Viola; but what am I to

do now that the sentence----"

"After all, what does it signify?" said the hussar, stroking his

moustache.

"You know what's in the letter. They ask me to save him; and what can I

do now that he's condemned?"

"If your worship will do a kind thing for the love of Miss Etelka--I beg

your pardon--for the love of my young master; and if your worship will

save Viola----"

"'If!' and 'will!' I'd give my life if I _could_ do it."

"Oh, then we need not care for such a bit of a sentence. Only think,

sir, what should we do for ropes if every man were hanged whom they

condemn in Hungary?"

"Perhaps you are not aware," said Völgyeshy, "that there's a

court-martial in the case. In a common court----"

"Of course, of course!" said Janosh; and, turning to young Kishlaki, he

whispered, "Do not let us mention these things before strangers."

"Don't mind Mr. Völgyeshy," said Kalman. "He knows all about it; and

he'd help us if he could."

"So I would," said the lawyer.

"That alters the matter entirely. The worshipful gentlemen do not like

us to put our fingers into their pie; and when they wish to hang a

fellow, they are apt to be unreasonable if he escapes. They are fond of

being hard upon the like of me."

"But what is it you mean to do?"

"I myself hardly know. I want to reconnoitre the place; but shoot me if

I don't find a means to set him free! They won't hang him to-night;

there's plenty of time to think about it. Mr. Kalman is at home here;

that's half the battle. Your cellars are full of wine; we've lots of

money, keys, ropes, and a horse. Hej!" added he, laughing; "did you ever

hear of the adventures of the famous Baron Trenck?"

"Thanks, old Janosh!" cried Kalman, shaking his hand; "do as you please

in the house! manage it all your own way, and throw the blame upon me!"

"Very well! very well indeed!" said the hussar, twisting his moustache;

"old Janosh isn't half so dull as people fancy, and, _terrem tette_! an

old soldier has had capital schooling in these things. But you must go

to dinner, for unless you do, they'll fancy we are mustering our

forces, as indeed we are. I'll reconnoitre the place."

"I'm your sworn friend to the end of my life!" said Kalman, as he left

the room with Völgyeshy.

"Don't mention it," muttered the old soldier; "a man who has served the

emperor so many years, and who has fought in the battle of Aspern, and

in France, such a man wants none of your gratitude, especially since I

have my own master. But I dare say Master Kalman would like to oblige

our young lady. Very well, I'm agreeable; that's all I can say. He's a

fine young fellow, and almost as good a horseman as my own master, which

is saying a great deal, for he had the benefit of _my_ schooling."

Muttering these and other things, Janosh marched to the steward's house,

where he met Peti the gipsy.

We need hardly say that Lady Kishlaki's dinner was as dull and gloomy as

any dinner can be. Völgyeshy and Kalman were thoughtful and silent. The

lady of the house did not press her guests to eat; nor did she ask them

to excuse the bad cooking, although almost every dish stood in need of a

thousand apologies. Mr. Kishlaki, who remarked his wife's altered

manner, and who justly interpreted the looks of reproach which she cast

upon him, sat staring at his plate with so anxious and careworn a face,

that Völgyeshy would gladly have spoken to him but for the presence of

Messrs. Skinner and Kenihazy, who, to do them justice, strove hard but

unsuccessfully to amuse their host. Baron Shoskuty's compliments, and

Mr. Zatonyi's anecdotes, were equally lost on their gloomy and

dispirited audience; and everybody felt relieved when the dinner was

over. Kalman, in particular, could hardly bridle his impatience; the

moment Lady Kishlaki rose from the table, he left the room with

Völgyeshy.

"How are we getting on, Janosh?" asked Kalman, when he saw the old

hussar, who was smoking his pipe in the hall.

"Pretty well, sir; let us go to your room, and I'll tell you all about

it."

"Do you think we can possibly save him?" asked Kalman, as they entered

his apartments.

"Why not?" said Janosh. "The commander of the fortress has it all his

own way. Any man whom he will allow to get out, why that man gets

out--that's all."

"But how will you do it?"

"The curate of Tissaret is here," whispered the hussar. "When he saw

that Viola was bound to a post, and in the open air, and in November,

too, with but an armful of straw for him to lie on; and his poor wife

and children shivering and shaking by his side;--and I tell you, sir,

fine children they are, as fine as any you can see; but, as I told you,

when the curate saw them, he said it was a shame, and he would not stand

it, and the law was that the prisoner ought not to be kept in the open

air at this time of the year. Says I to myself, when the curate

sermonised them, says I, 'That's as lucky a thing as can be!' for, to

tell you the truth, I had my doubts about our getting him off, if they'd

keep him in that cursed shed. The great donkeys have put four lamps

round him, seeing they wish to watch every one of his movements. But, of

course, I didn't say a word about it. I only told the steward that there

was no harm in what the curate said; for, after all, it is a safe thing

to have your prisoner locked up and provided for."

"But what for?" asked Kalman, impatiently; "of what use can it be to us,

if they lock Viola up?"

"Locking your prisoner up is a capital thing in its way," said the

hussar. "When your prisoner is by himself, where no one sees him, he can

do as he likes, and there are few things he will not do. But if he is

watched by half-a-dozen men and more, let him be ever so stout a man, it

cows him down. At the least of his motions, he's got a dozen hands upon

him, and he's laughed at to boot. But if they put Viola into the

chaff-loft, which I understand they think of doing, they may whistle for

him, that's all."

"But how the deuce will you do it?" asked Völgyeshy, whose temper was

not proof to the old soldier's circumstantial explanations.

"In this way, your worship," whispered the old hussar, in a still lower

voice: "the chaff-loft is next to the steward's house, and there's a

door between the granary and the steward's loft, isn't there?"

"Yes, so there is. What next?" said Kalman.

"As I said before, there's a door from the granary to the steward's

loft--(I'd not like that door, at all, if the corn were mine)--but

that's neither here nor there; it serves the steward's purpose, I dare

say, and at present it serves ours."

"Go on, man!" cried Kalman.

"The key of the granary," continued the hussar, "is in your lady

mother's hands, and it's you who'll get it for us?"

"Of course."

"That's all we want. To-night, when they are all asleep, we go to the

granary, walk through the door to the steward's loft, and from thence to

the chaff-loft. That loft is, as it were, glued to the house; the

wood-work consists of thin planks. Peti, the gipsy, knows it to a

nicety. We remove a couple of planks, put a ladder through the hole, and

Viola gets up by it, and out by the door of the granary. Once in the

open air, he's saved. Peti is gone after your worship's Gulyash, who is

to send his horse. I tell you, sir, they may whistle for him when Viola

has once got a horse between his legs!"

Kalman clapped his hands with joy, and Völgyeshy himself commended the

arrangement and its details; but he remarked that there were a thousand

chances for or against its execution.

"Never mind," said Janosh; "if you put Viola into that loft, and the key

of the granary into my hands, I'll be hanged if we don't do them!

There's no window to the loft, consequently no one can look in from

without; and when they're once asleep, we have it all to ourselves."

"But what will you do with the sentinels? And besides, there's the

steward close by you. He's likely to hear the noise, and to alarm the

house."

"I'll pocket the sentinels," said the hussar, contemptuously. "The

inspector is a-bed with his wounds; if you make the justice and that

fellow Kenihazy drunk, to prevent them from going their rounds,--and

nothing is more easy than to make _them_ drunk,--and if you do your duty

as a landlord to the sentinels, and make them drunk, too, I do not care

for the steward's noise. But I don't think he'll make any. When he's

once in bed, it's no small matter will get him out of it. The key is the

great thing, and Viola must be put into the chaff-loft."

"If that's all," cried Kalman, "you need not care!" and, accompanied by

Völgyeshy, he returned to the dining-room, where they found Vandory, the

curate of Tissaret, who had informed the court of his request, and who

was just in the act of replying with great warmth to the objections of

Zatonyi and Baron Shoskuty. The assessor appealed to the ancient custom

of keeping culprits under the sentence of a court-martial in the open

air; Baron Shoskuty protested that it was wrong to abuse Lady Kishlaki's

hospitality for the benefit of so arrant a knave as Viola undoubtedly

was; but the curate's request was so energetically supported by Kalman's

father and mother, that the interference of the two young men seemed

likely to do more harm than good.

"I do not, indeed, see the necessity of placing the prisoner in a room,"

remarked Mr. Catspaw, very politely. "The provision in the articles is

confined to the winter months, and I dare say that Viola ought, by this

time, to be accustomed to the night air."

"Never mind his catching a cold in his throat," cried Mr. Skinner;

"to-morrow morning we'll give him a choke."

"None of your jokes, sir," said Mr. Catspaw, who remarked the

unfavourable impression which the justice's words made on the company.

"This is no laughing matter," continued he, with a deep sigh. "As I

said, I do not indeed think it necessary, and I protest it is not even

legal to give the prisoner houseroom: but if it can relieve our dear

hostess's tender mind, I will not oppose Mr. Vandory's request, provided

always that the place be safe, that the windows have bars, and the door

bolts and locks, and that sentinels are duly placed before it."

"If your worships please," said the steward, who had followed Vandory

into the room; "I know of a place with no window at all."

"Ay, the cellar!" said Zatonyi. "Yes, that's right. It struck me from

the first that was the place."

"No! not by any means!" protested the steward; "there's lots of wine in

the cellar, my master's property, and entrusted to my care. Nobody is

imprisoned in the cellar, if I have my will! But there's the chaff-loft

at your service; it has a lock and a key, and no window; and if you put

a sentinel before the door, the prisoner is as safe as any state

prisoner at Munkatsh."

Vandory, and especially Lady Kishlaki, resisted this proposal because no

fire could be lighted in the place; but on Kalman's protesting that

nothing could be more futile than this objection, the resolution was

carried by acclamation, and Messrs. Skinner, Kenihazy, and Catspaw

accompanied Vandory to the steward's house, for the purpose of

inspecting the place, and witnessing the removal of the prisoner.

Völgyeshy and Kalman followed at a distance.

"Be careful!" said the lawyer. "Did you remark Catspaw's stare, when you

told them Viola could do without a fire?"

"Yes, I did. I see it's no good to be too clever. But I'll make up for

it. I'll object to the room--I'll----"

"Worse and worse!" said Völgyeshy. "Leave them alone, and believe me, if

that loft is the worst place in the house, they'll put him there, and

nowhere else."

The truth of Völgyeshy's words was borne out by the event. Mr. Catspaw

indeed made some curious inquiries about the solidity of the building,

but he was quickly put down by the steward, who replied with great

dignity, that Mr. Kishlaki, his master, was not in the habit of

constructing his houses of mud. The attorney, thus rebuked, turned away,

and the place was forthwith furnished with a table, a stool, and a heap

of straw.

Mr. Kishlaki, pretending to suffer from a headache, retired to his room,

whither his wife followed him. Zatonyi and the Baron walked in the

drawing-room, and laughed at the ridiculous sentimentality of their

host, at Vandory's still more ridiculous philanthropy, and at

Völgyeshy's impertinence. They interrupted this charitable conversation

at times with deep sighs, and longing looks at the card-tables; for they

waited for Messrs. Catspaw and Skinner.

While his guests were thus employed, Mr. Kishlaki sat in his room,

leaning his head in his hand, and so entirely given up to thought, that

his pipe went out without his being aware of it.

"Treshi, my soul!" said he at length, turning to his wife, "Treshi, I am

a wretch!"

Lady Kishlaki sighed, and her husband went on.

"I know, Treshi, you will not love me as you used to do, and it's the

same with Kalman. When you see me you'll think: he might have saved the

poor fellow's life, and he wouldn't do it!"

Lady Kishlaki said a few words of comfort; but the old man shook his

head, and continued:

"No, Treshi! that man's life was in my hands, and I killed him. His

blood is on my soul."

The good woman's heart yielded to the sincerity of his sorrow, and

instead of reproaching him, as she intended, she sought to comfort him,

by protesting that the responsibility, if there was any, lay equally

with the other judges. "Besides," added she, "how frequently have you

not sat in a common court, without feeling remorse and sorrow!"

"Oh, that's a very different thing," replied Kishlaki. "In a common

court a man is allowed to vote after his conscience, and the sentence is

found by a majority. There is no idea of the life of the prisoner

depending upon a single vote; the sentence is sent to the upper court,

and to the king's government, and if it is executed, I need not reproach

myself with being the _sole_ cause of the prisoner's death. But to think

that nothing was wanted to-day but my single simple word of 'non

content;' that I did not say the word, and that it was I who killed that

fellow,--goodness gracious! it breaks my heart. I hate myself, and I

feel that others cannot love me."

"But if that is your view of the case," said his wife, with tears in her

eyes; "why, for God's sake, did you vote as you did?"

"Why, indeed?" cried Kishlaki, pacing the room in a state of great

excitement; "because I am a poor weak fool; because I was afraid of them

when they told me my conduct was ridiculous; because Mr. Catspaw, and

the whole lot of them, called out, that the Retys would never forgive me

if Viola's depositions were taken down; and because I thought of

Kalman's love to Etelka. And Völgyeshy walked away and left me by

myself----"

"I cannot think that the Retys should be guilty of such infamous

conduct----"

"Nor I! I am sure it's a trick of Catspaw's; and it tricks me out of my

reputation, name, and peace of mind."

"Do not say so!" cried Lady Kishlaki. "Who will dare to attack your

reputation?"

"Who? Everybody! Perhaps Völgyeshy is right. On consideration, it

strikes me that the protocol was irregular; and if so, who's to be

blamed for it? I, the president of the court. But I wouldn't mind that!

I would not mind it in the least, if they called me a dunce, and a

cullion, and a zany, and what not--but to step from my door, and to see

the wretched man hanging on my own ground, whom I might have saved, and

to think of his wife and his children, how they clasped my knees, and

begged for his life--oh, I'm undone!"

"Nonsense!" said Kalman, who entered the room at that moment. "It's in

your power to release Viola."

"Impossible!" cried Kishlaki; "and still the subject is too serious for

jokes. But it's impossible."

"There's a legal impossibility, if you like," replied the young man;

"for in law, I take it, it is thought impossible for two witnesses to

tell lies, though one witness may, and for a judge to be a party against

the culprit. But, thank heaven! there are other expedients."

The Village Notary: A Romance of Hungarian Life · 第 17 / 21 章