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When it grew dusk, Eva might have been seen sitting on the stile at the end of the village and looking over toward the tower, thinking that Mat must surely come before long. She sat behind a hedge, to avoid being seen and questioned by the pa.s.sers-by. There she saw Soges coming up the hillside. As she walked toward the road, Soges beckoned to her; and, hoping to hear news from Mat, she ran to him in all haste.
"Not too fast, Eva," cried Soges; "I only wished to tell you that you must come to court to-morrow: you've saved me a walk."
Eva turned ashy pale, and looked almost beside herself; then she ran down the hill, and did not stop till she had come to the Neckar. She looked around in amazement, for it had seemed to her that she was to be locked up at once with no hope of escape but by running away. She went home, weeping silently.
Eva hardly closed her eyes all night for thinking of the chambers hung in black, and the skull and bones with which her imagination garnished the thought of courts and judges. If her playmate Agatha, the tailor's daughter, had not come to sleep with her, she would have died of fear.
At the first dawn of morning she went to the press and took out her Sunday gear. Agatha had to dress her, for she trembled so much that she could not tie a string. She looked at herself sadly in her broken gla.s.s. It seemed as if she were forced to go to a funeral in holiday garb.
Michael the wagoner accompanied his daughter, for it would not do to let the child go alone. In the court-house he took off his hat, stroked his short hair, and drew his face into an expression of smiling humility as he stood, sc.r.a.ping the floor with his feet, before the unopened door. He rested his hawthorn stick against the wall, took off his three-cornered hat, pressed it to his breast with his left hand, bent his head humbly, and knocked at the door. It opened. "What do you want?" inquired a gruff voice.
"I am Michael the wagoner, and this is my daughter Eva, and she is very much afraid; so I thought I would ask whether I might come in to court with her."
"No," was the rude answer; and the door was slammed in his face so heavily that he staggered some steps backward. He had no opportunity of advancing his other argument,--that in strictness he ought to appear before court and not Eva, as the house before which the May-pole was belonged to him.
With both hands folded upon his hawthorn stick, and his chin resting upon his hands, Michael the wagoner sat beside his daughter in the entry, and looked at the stone floor, which seemed almost as void of sympathy as the face of the official. "If Buchmaier was at home," he muttered, "they would strike up another tune." Eva could not speak a word: she only coughed once or twice into her neatly-ironed handkerchief.
Summoned at last, she rose quickly. Neither spoke, but, after a mute, parting look, Eva disappeared behind the door. At the door she stood still: the judge was not there, but the clerk sat playing with his pen, while the two "a.s.sessors" whispered softly to each other. Eva shook and trembled in every limb: the silence lasted ten minutes, which, to the poor girl, seemed half an eternity. At last the clink of spurs announced the judge's arrival. Eva seemed to find favor in his eyes, for he tucked her chin, stroked her burning cheeks, and said, "Sit down." Eva obeyed, just seating herself on the very edge of the stool.
After going through the customary catechism of name, station, age, and so on, the judge asked,--
"Well, who put up your May-polo?"
"How can I know, your honor?"
"Didn't you drop the rope out of the dormer-window to tie it with?"
"No, your honor."
"And don't you know who is your sweetheart?"
Eva began to weep aloud. It was dreadful to deny; and yet she could not confess it. In America such a question would have had no other result than a reprimand from the bench to the counsel putting it. But so defenceless is the condition of parties and witnesses where justice hides in corners, that the judge even went further, and said,--
"It's no use to deny it: Mat is your sweetheart, and you're going to get married very soon."
Eva remembered that four weeks later they intended to ask that same court for permission to get married,--an indispensable formula under the code of that happy country. If she denied it now, she thought they would refuse to give her the "papers" and the "acceptance," and, besides, it was against her conscience to say "No." Her heart beat quickly; a certain feeling of pride arose within her; a consciousness of superiority to all the ills that flesh is heir to pervaded her being: she forgot the papers and the judge, and only thought of Mat.
The last tear dropped from her lids; her eyes brightened; she arose quickly, looked around as if in triumph, and said, "Yes: I'll never have any one but him."
"So Mat put up your May-pole?"
"It may be, but of course I couldn't be by, and that night I was----"
Here the tears choked her utterance again. It was well for the poor girl that she held her hands before her eyes, and could not see the smiles of the men of justice.
"Confess, now, he put up your May-pole, and n.o.body else."
"How can I know?"
By all sorts of cross-questions, and the oily a.s.surance that the punishment would be but slight, the judge at last wormed the confession from her. The minutes were now read to her in fine book-German and in connected periods: of her tears and sufferings not a word was written.
Eva was astonished to find that she had said so much and such fine things; but she signed the minutes unhesitatingly, only too glad to get away at any price. As the door closed behind her and the latch fell into the socket, she stood still, with folded hands, as if chained to the ground; a heavy sigh escaped her, and she almost feared the earth would open under her feet, for she now reflected, for the first time, how much harm she might have done to her beloved. Clinging to the bal.u.s.ters, she came slowly down the stone steps, and looked for her father, who was keeping up his spirits with a stoup of wine at the Lamb Tavern: she took her seat by his side, but said nothing, nor brought a drop to her lips.
Mat was now called up again, and Eva's confession read to him. He stamped his foot and gnashed his teeth. These gestures were immediately recorded as the basis of a confession, and, after sufficient baiting, Mat found himself completely caught: like game in a net, his desperate efforts to disengage himself only entangled him still further.
Being asked where he had got the tree, Mat first said that he had taken it out of the Dettensee wood,--which was in the duchy of Hohenzollern-Sigmaringen, and therefore under another sovereignty and jurisdiction. But, when another investigation and a report to the court at Haigerloch was talked of, he at last confessed that he had taken it out _of his own wood_,--"by the Pond,"--and that it was a tree which would have been marked for felling in two or three days by the forester.
In consideration of these extenuating circ.u.mstances, Mat was fined ten rix-dollars for having taken a tree out of his own wood before it was marked.
Up at the stile where Mat had torn off a sprig the day before, he met Eva and her father, who were coming up the hill-slope. He would have pa.s.sed on without a greeting; but Eva ran up to him and cried, huskily, "Don't sulk, Mat: I'll give you my cross and my garnets if they make you pay a fine. Thank the Lord, you're not locked up any more."
After some altercation, Mat gave in: hand in hand with Eva he walked through the village, and received kind congratulations from all he met.
This is the story of the May-pole before Michael the wagoner's house: on the wedding-day it was decked with red ribbons. The heavens and the earth seemed to like it better than the good government or the vigilant police, for it unaccountably took root and sent forth new branches. To this day it graces the house of the happy couple as a living emblem of their constant love.
2.
This story is connected with another, of more general interest. The prevalence at this time of the wicked custom of putting up May-poles, as well as other offences against the peace and dignity of the forests, induced the judge to issue an ordinance which had long hovered at the nib of his pen. From immemorial times it has been the custom of the peasantry of the Black Forest to carry a little axe in their left hand whenever they go abroad. Only the "men"--that is, the married men--do so; and it is a badge which distinguishes them from the "boys," or unmarried young fellows. It is said to be a remnant of the ancient time when every one bore arms.
On Whitsunday the following ordinance was found on the blackboard nailed in front of the town-house of every village in the presidency:--
"It having been found that many offences against the forest are occasioned by the improper practice of carrying axes, the public are hereby notified,--
"That from this day forth every person found upon the road or in the woods with an axe shall be held to give the gamekeeper or ranger accurate information of the purpose for which he has the axe with him; and, if he fails to do so, he shall be punished by a fine of one rix-dollar: upon a repet.i.tion of the offence he shall be fined three rix-dollars: and, upon a further repet.i.tion, with imprisonment for not less than one and not more than four weeks.
"RELLINGS, _President-Judge_."
A crowd of farmers flocked around the town-house at the close of the afternoon service. Mat, who was now one of the "men" also, read the ordinance aloud. All shook their heads and muttered curses: the old squire said, audibly, "Such a thing wouldn't have been done in old times: these are our privileges."
Buchmaier was now seen coming down from the upper village with the axe in his hands. Every eye was turned toward him as he walked along. He was a stout, strong man, in the prime of life,--not large, but broad-shouldered and thick-set. The short leathern breeches had allowed his shirt to bag a little round his waist; the open red vest showed the broad band which connected his suspenders, and which was woven in various colors and resembled a pistol-belt in the distance; the three-cornered hat was fixed upon a head disproportionately small; the features were mild and almost feminine, particularly about the mouth and chin, but the large, bright blue eyes and the dark, protruding brows spoke clearness of apprehension and manly boldness.
Mat ran to meet the new-comer, told him of the ordinance, and said, "Cousin, you are not good councilmen, any of you, if you knuckle under to this."
[Ill.u.s.tration: He struck the axe into the middle of the ordinance.]
Buchmaier continued his regular pace without hastening his steps in the least: he walked straight up to the board, everybody stepping aside to let him pa.s.s. He raised his hat a little, and there was an expectant silence. He read the ordinance from beginning to end, struck the flat of his hand upon the crown of his head,--a sign that something decisive was coming,--took the axe into his right hand, and with a "Whew!" he struck it into the board in the middle of the ordinance. Then, turning to the by-standers, he said, "We are citizens and councilmen: without a meeting, without the consent of the councils, such ordinances cannot be pa.s.sed. If the clerks and receivers are our lords and masters, and we are n.o.body, we may as well know it; and, if we must go before the king himself, we can't put up with this. Whoever agrees with me, let him take my axe out and strike it into the board again."
Mat was the first who stepped forward; but Buchmaier held him by the arm and said, "Let the older men come first."
This movement turned the scale in the minds of those who had halted between two opinions, not knowing whether to imitate Buchmaier's course or to condemn it. The old squire made his essay first, with a trembling hand; after him, no one kept aloof, and the name of the judge in particular was hacked into a hundred pieces. By degrees, all the village a.s.sembled, and every one contributed his stroke amid shouts and laughter.
The acting squire, informed of what had happened, thought of calling the military from Horb. But his sapient minister dissuaded him from such a requisition, as it would be of no use; "and, besides," thought he, "let them make as much rebellion as they can; there will be a fine crop of summonses, and every summons is a creutzer to me. Hack away, boys: you are hacking into your own flesh, and that flesh is my copper." With a joyous mien he counted his coming gains as he drank his stoup of wine in the Adler.
Thus it happened that not one in the village remained innocent of the offence except Soges and the squire.
Next Tuesday, at the suggestion of the old squire, the councilmen went to court of their own accord and gave information of what they had done. The judge stormed. His name--Rellings--is a word used in the Black Forest to designate a tom-cat; and he might then really be compared to a shorn puss, with spectacles on its nose and spurs at its feet. He talked of locking up all the offenders at once; but Buchmaier stepped forward with great decision and said, "Is that all you are good for? Locking up? You won't do that yet a while. We are here to stand by what we have done: we avow it freely, and there can be no such thing as imprisonment before trial. I am not a vagrant. You know where I live. I am Buchmaier, this here's Beck, that there's John the Blacksmith, and that's Michael's son Bat, and we're all to be found on our own freeholds. You can't lock us up without a sentence, and after that the way is still open to Reutlingen and to Stuttgard, if need be."
The judge changed his tone, and summoned the men to appear before him at nine o'clock of the following day. This was well at least, so far as Soges thereby lost his creutzers. Thus do great lords and little lords frequently err in their calculations.