His confession was confirmed by several circumstances. Kiessling was again required to repeat what he had heard from Kaltofen, and the story as told by him agreed exactly with that now confessed by the murderer. Kiessling added that Kaltofen had told him he was puzzled to account for Fischer's self-examination, as he knew that the man had nothing to do with the murder. A third examination of Kaltofen's lodgings resulted in the discovery of all the rest of the murdered man's effects. Moreover, when Kaltofen was confronted with the two Jews who had taken the silver watch on the 24th, they immediately recognised him as the man who had disposed of it to them.
Finally, he confessed to having been associated with Kiessling in two robberies, one of which was a burglarious attack on his own master.
The case was made out clearly enough against Kaltofen, and it seemed equally clear that Fischer was innocent. Moreover, from the 24th April onwards, Fischer never swerved from his protestation of complete innocence. When questioned why he had confessed himself guilty, he said that he had been pressed to do so by the gaoler, who had several times fastened him for a whole night into the stocks, and had threatened him with severer measures unless he admitted his guilt. The gaoler admitted having so treated Fischer once, but Fischer insisted that he had been thus tortured on two consecutive nights.
It was ascertained that Fischer had not only known about the murder of Kügelgen, but had attended his funeral, and yet he had pretended entire, or almost entire, ignorance when first arrested. When asked to explain this, he replied that he was so frightened that he took refuge in lies. That he was a dull-minded, extremely ignorant man, was obvious to the judges and to all who had to do with him; he was aged thirty, and had spent thirteen years in the army, had conducted himself well, but had never been trusted with any important duties on account of his stupidity. He had a dull eye, and a heavy countenance. Kaltofen, on the other hand, was a good-looking, well-built young fellow, of twenty-four, with a bright, intelligent face; his education was above what was ordinary in his class. It was precisely this that had excited in him vanity, and craving for pleasures and amusements which he could not afford. His obliging manners, his trimness, and cheerfulness, had made him a favourite with the officers.
As already intimated, he was fond of play, and it was this that had induced him to commit his murders. He admitted that he had felt little or no compunction, and he said frankly that it was as well for society that he was taken, otherwise the death of Kügelgen would have been followed by others. He spoke of the crimes he had committed with openness and indifference, and maintained this condition of callousness to the end. It seems to have been customary on several occasions for the Lutheran pastors who attended the last hours of criminals to publish their opinions as to the manner in which they prepared for death, and their ideas as to the motives for the crimes committed, 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