LITMIR.BIZ

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an eminently indecent proceeding to our notions. In this case, the chaplain who attended on Kaltofen rushed into the priest after the execution. He said, "Play may have occasioned that want of feeling which will commit the most atrocious crime, without compunction, for the gratification of a temporary requirement. Kaltofen, without being rude and rough towards his fellows, but on the contrary obliging and courteous, came to regard them with brutal indifference." Only twice did he feel any twinge of conscience, he said, once before his first murder, and again at the funeral of his second victim, which he attended. The criminal was now known, had confessed, and had confessed that he had no accomplice. Moreover, he declared that Fischer was wholly innocent. Not a single particle of evidence was forthcoming to incriminate Fischer, apart from his own retracted confessions. Nevertheless he was not liberated.

      The police could not believe that Kaltofen had been without an accomplice. There were stabs in the face and body of Kügelgen, and Kaltofen had professed to have used no other weapon than a cudgel. The murderer said that he had dragged the body over the field to the rushes, and it was agreed that there must have been evidence of this dragging. Some witnesses had, indeed, said they had seen such, but others protested that there were footprints as of two men. This, however, could be explained by Kaltofen's admission that he had gone back to the road for the walking-stick.

      Then, again, Fischer, when interrogated, had given particulars which agreed with the circumstances in a remarkable manner. He was asked to explain this. "Well," said he, "he had heard a good deal of talk about the murders, and he was miserable at the thought of spending long years in prison, and so had confessed." When asked how he knew the particulars of the murder of Winter, he said that he had been helped to it by the gaoler. He had said first, "I went to his left side" – whereupon the gaoler had said, "Surely you are wrong, it was on the right," thereat Fischer had corrected himself and said, "Yes, of course – on the right."

      The case was now ready for final sentence, and for this purpose all the depositions were forwarded on September 12th to the Judicial Court at Leipzig. But, before judgment was pronounced, the depositions were hastily sent for back to Dresden – for, in the meantime, the case had passed into a new phase. On October 5th, the gaoler – the same man who had brought about the confession of Fischer – announced that Kaltofen had confided to him that Fischer really had been his accomplice in both the murders. Kaltofen at once was summoned before the magistrate, and he calmly, and with emphasis, declared that Fischer had assisted him on both occasions, and that he had not allowed this before, because he and Fischer had sworn that neither would betray the other. Fischer had never mentioned his name, and he had accordingly done his utmost to exculpate Fischer.

      According to his account, he and Fischer had been walking together on the morning of March 26th, between 9 and 10, when they planned a murder together for the following day. However, there was rebutting evidence to the effect that on the morning in question Fischer had been on guard, at the hour named, before the powder magazine; he had not been released till noon. Other statements of Kaltofen proved to be equally untrue.

      What could have induced Kaltofen to deliberately charge a comrade in arms with participation in the crime, if he were guiltless? There was no apparent motive. He could gain no reprieve by it. It did not greatly diminish his own guilt.

      It was necessary to enter into as close investigation as was possible into the whereabouts of Fischer at the time of the two murders. It was not found possible to determine where he was at the time when Winter was killed, but some of his comrades swore that on March 27th he had been present at the roll-call at 6 p.m., and had come into barrack before the second roll-call at half-past eight. The murder of Kügelgen had taken place at eight o'clock, and the distance between the barrack and the spot where it had been committed was 3487 paces, which would take a man about 25 minutes to traverse. If, as his comrades asserted, Fischer had come in shortly after eight, then it was quite impossible that he could have been present when Kügelgen was murdered; but not great reliance can be placed on the testimony of soldiers as to the hour at which a comrade came into barrack just seven months before on a given day.

      The case was perplexing. The counsel for Fischer – his name was Eisenstück – took a bold line of defence. He charged the gaoler with having manipulated Kaltofen, as he had Fischer. This gaoler's self-esteem was wounded by the discovery that Kaltofen and not Fischer was the murderer, and his credit was damaged by the proceedings which showed that he had goaded an unhappy man, confided to his care, into charging himself with a crime he had never committed. Eisenstück asserted that this new charge was fabricated in the prison by the gaoler in concert with Kaltofen for his own justification. But, whatever may be thought of the character and conduct of this turnkey, it is difficult to understand how he could prevail on a cool-headed man like Kaltofen thus to take on himself the additional guilt of perjury, and such perjury as risked the life of an innocent man. Kaltofen never withdrew this assertion that Fischer was an accomplice. He persisted in it to his last breath.

      The depositions were again sent to the faculty at Leipzig, on Dec. 18th, to give judgment on the following points.

      1. The examination of the body of Kügelgen had revealed stabs made with a sharp, two-edged instrument, as well as blows dealt by a blunt weapon. Kaltofen would admit that he had used no other instrument than a cudgel.

      2. It would have been a difficult matter for one man to drag a dead body from the road to the bed of rushes, without leaving unmistakable traces on the field traversed; and such were not, for certain, found. It was therefore more probable that the dead man had been carried by two persons to the place where found.

      It must be observed that crowds poured out of Dresden to see the place where the body lay as soon as it was known that Kügelgen had been discovered, and consequently no accurate and early examination of tracks across the field had been made.

      3. That it would have been difficult for Kaltofen alone to strip the body. This may be doubted; it would be difficult possibly, but not impossible, whilst the body was flexible.

      4. A witness had said that she had met two men outside the Black Gate on the evening of the 27th March, of whom one was wrapped in a cloak and seemed to be carrying something under it. We should much like to know when the woman gave this evidence. Unfortunately, that is what is not told us.

      5. Kaltofen, in a letter to his parents, had stated that he had an accomplice, but had not named him.

      These were the points that made it appear that Kaltofen had an accomplice. An accomplice in some of his crimes he had – Kiessling.

      There were other points that made it appear that Fischer had assisted him in the murders.

      6. Fischer's denial that he knew anything about the murder of Kügelgen when he was arrested, whereas it was established that he had attended the funeral of the murdered man.

      7. His repeated confessions that he had assisted at the murders, and his acquaintance with the particulars and with the localities.

      8. Kaltofen's asseverations that Fischer was his associate in the murders.

      In favour of Fischer it may be said that his conduct in the army had for thirteen years been uniformly good, and there was no evidence that he had been in any way guilty of dishonesty. Nor was he a man of extravagant habits like Kaltofen, needing money for his pleasures. He was a simple, inoffensive, and very stupid man. His confessions lose all their effect when we consider how they were extorted from him by undue influence.

      Against Kaltofen's later accusation must be set his repeated declaration, during six months, that Fischer was innocent. Not only this, but his assertion in confidence to Kiessling that he was puzzled what could have induced Fischer to avow himself guilty of a crime, of which he – Kaltofen – knew him to be innocent. When Kiessling gave this evidence on April 24th, Kaltofen did not deny that he had said this, but flew into a paroxysm of fury with his comrade for betraying their private conversation.

      Again, not a single article appertaining to either of the murdered men was found with Fischer. All had been traced, without exception, to Kaltofen. It was the latter who had concealed Kügelgen's coat, and had given his watch to the Jews. It was he who had got Kiessling to dispose of Winter's hat for him, and had given the boots of the last victim to Kiessling to be repaired.

      On

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