The government counselor tried to drive Tobias into a corner with questions, but he seemed prepared for everything, and gave smiling answers; and at last, even said pertly, that he, who had been there and seen it all, must know what happened better than the counselor.
Fidelis was then called. Some discussion arose as to whether he could be sworn; as he had been Landolin's servant at the time of the occurrence.
Landolin made a good impression by saying that Fidelis was a good fellow, and would say nothing against him out of spite.
At these words of his master, Fidelis seemed disconcerted for a moment, but he soon gave his testimony, briefly and succinctly; that Vetturi had not bent over and picked up a stone, but that his master had thrown one, and that it had seemed to him that it would hit his own head.
The counsel for the defense inquired if any one had spoken to the witness regarding what he had seen. Whereupon the government counsel rejoined that, if such questions were to be allowed, he should put the question whether Tobias had not endeavored to persuade Fidelis to testify otherwise.
The presiding judge replied that he need answer neither question.
The examination of witnesses was now closed, and a pause ensued, during which there was a final arming of the forces upon both sides.
It had grown dark and candles were lighted in the court-room. They lit up first the judge's desk, then the jury, then Landolin and his counsel, and at last the spectators, of whom not one seemed to be missing; indeed their numbers had apparently increased.
It was damp and sultry in the room. The battle began.
The counselor's eye-glass glistened and glittered, but his speech was plain and quiet. He seemed studiously to avoid any approach to vehemence. He began with a strong statement of the unruliness and presumption which characterized the servants of the present day; and of their frequent dishonesty in the present instance. The jury nodded assent. He was sorry to say that the guilt of the accused was very plain. The pretext of self-defense he materially weakened, by showing carefully and clearly that the defendant had only hit upon the subterfuge as a last resort, when he could find no other. It was more than strange that the stone thrown by Landolin, which was bloody and easy distinguishable from others, had so soon been made away with; while the one said to have been thrown by Vetturi had been found, where no doubt it had been placed for that very purpose.