curious conception of his oath which this witness betrays." But Rothgroschen could not be browbeaten. "I am a journalist," he explained. "I appeal to the presiding judge to protect me from the insults of counsel on the opposite side." Sprezius did not hesitate and he allowed the editor to retire with flying colours.
It struck twelve, and Jadassohn drew the president's attention to the fact that Dr. Fritzsche, the examining judge, was at the disposal of the court. He was called, and scarcely had he appeared at the door when all eyes glanced back and forth from him to Judith Lauer. She had become even paler and the sombre glance, which accompanied him to his place on the bench, became intensified. It had an insistent, silent appeal, but Fritzsche avoided it. He also looked unwell, but he walked with an air of determination. Diederich decided that of his two habitual expressions he had chosen the most matter-of-fact for this occasion.
What impressions of the witness Hessling had he received during the preliminary inquiry? The witness had made his statement absolutely freely and independently, in the form of a narrative still coloured by his recent experiences. The reliability of the witness, which Fritzsche had an opportunity of testing by means of his further inquiries, was beyond all question. That the witness to-day should no longer have distinct recollections could be explained by the excitement of the moment. … And the accused? At this question a pin might have been heard falling in court. Fritzsche swallowed a lump in his throat. The defendant also had made a rather favourable impression upon him, in spite of the many damaging circumstances. "In a conflict of evidence would you hold that the defendant was capable of the crime with which he is charged?" asked Sprezius.
Fritzsche replied: "The defendant is an educated gentleman. He would have taken care not to use specifically insulting words." "That is what the defendant says himself," remarked
