Freaks of Fanaticism, and Other Strange Events. S. Baring-Gould
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 January 4th, 1821, the Court at Leipzig issued its judgment; that Kaltofen, on account of two murders committed and confessed, was to be put to death on the wheel; "but that John George Fischer be discharged on account of lack of evidence of complicity in the murders." The gaoler was discharged his office.
Kaltofen appealed against the sentence, but in vain. The sentence was confirmed. The ground of his appeal was, that he was not alone guilty. The King commuted the penalty of the wheel into execution by the sword.
The sentence of the court produced the liveliest commotion in Dresden. The feeling against Fischer was strong and general; the gaoler had but represented the universal opinion. Fischer—who had confessed to the murder—Fischer, whom Kaltofen protested was as deeply stained in crime as himself, was to go scot free. The police authorities did not carry out the sentence of discharge in its integrity; they indeed released him from prison, but placed him under police supervision, and he was discharged from the Artillery on the plea that he had forsworn himself. The pastor Jaspis was entrusted with the preparation of Kaltofen for death; and we know pretty well what passed between him and the condemned man, as he had the indecency to publish it to the world. Jaspis had, indeed, visited him in prison when he was first arrested, and then Kaltofen had asserted that he had committed the murders entirely unassisted. On Jaspis remarking to him in April, 1820, that there were circumstances that rendered this eminently improbable, Kaltofen cut him short with the answer, "I was by myself." Afterwards, when he had changed his note, Jaspis reminded him of his previous declaration, but Kaltofen pretended not to remember ever having made it.
Towards the end of his days, Kaltofen was profoundly agitated, and was very restless. When Jaspis gave him a book of prayers and meditations for such as were in trouble, he put it from him, and said the book was unsuitable, and was adapted only to the innocent. He had visitors who combined piety with inquisitiveness, and came to discuss with him the state of his soul. Kaltofen's vanity was inflamed, and he was delighted to pose before these zealots. When he heard that Jaspis had preached about him in the Kreuz Kirche on the Sunday before his execution, he was greatly gratified, and said, "He would really like to hear what had been said about him."
Jaspis thereupon produced his sermon, and read it over to the wretched man—but tells us that even the most touching portions of the address failed to awake any genuine compunction in his soul. Unless he could play the saint, before company, he was cold and indifferent. His great vanity, however, was hurt at the thought that his assertion was disbelieved, that Fischer was his associate in his crimes. He was always eager and inquisitive to know what rumours circulated in the town concerning him, and was gratified to think that he was the topic of the general conversation.
On the night before his execution he slept soundly for five hours, and then lit his pipe and smoked composedly. His condition was, however, not one of bluntness of sense, for he manifested considerable readiness and consciousness up to the last. He had drawn up a dying address which he handed to pastor Jaspis, and on which he evidently placed great importance, as when his first copy had caught fire when he was drying it, he set to work to compose a second. He knew his man—Jaspis—and was sure he would publish it after the execution. The paper was a rigmarole in which he posed to the world.
On reaching the market-place where the execution was to take place, he repeated his confession, but on this occasion without mention of a confederate. His composure gave way, and he began to sob. On reaching the scaffold, however, the sight of the vast crowd assembled to see him die restored to him some of his composure, as it pleased his vanity; but he again broke down, as he made his last confession to the Lutheran pastor. His voice trembled, and the sweat broke out on his brow. Then he sprang up and shouted, so that all could hear—"Gentlemen, Fischer deserved the same punishment as myself." In another moment his head fell from his body.
The words had been audible throughout the market-place by everyone. Who could doubt that his last words were true?
Fischer happened that very day (July 12th) to be in Dresden. He had been seen, and had been recognised.
He had come to Dresden to see his counsel, and ask him to use his influence to obtain his complete discharge from police supervision,