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do you shut that door?" asked he in an abrupt tone.
"First, because two girls, whom I have the charge of, are in bed in that room; secondly, because your examination would alarm them," replied Dagobert. "Sit down upon this bench, Mr. Burgomaster, and examine me here; it will not make any difference, I should think."
"And by what right," asked the judge, with a displeased air, "do you pretend to dictate to me the place of your examination?"
"Oh, I have no such pretension, Mr. Burgomaster!" said the soldier hastily, fearing above all things to prejudice the judge against him: "only, as the girls are in bed, and already much frightened, it would be a proof of your good heart to examine me where I am."
"Humph!" said the magistrate, with ill-humor; "a pretty state of things, truly!—It was much worth while to disturb me in the middle of the night. But, come, so be it; I will examine you here." Then, turning to the landlord, he added: "Put your lantern upon this bench, and leave us."
The innkeeper obeyed, and went down, followed by his people, as dissatisfied as they were at being excluded from the examination. The veteran was left alone with the magistrate.
CHAPTER XIII.
THE JUDGEMENT.
The worthy burgomaster of Mockern wore a cloth cap, and was enveloped in a cloak. He sat down heavily on the bench. He was a corpulent man, about sixty, with an arrogant, morose countenance; and he frequently rubbed with his red, fat fist, eyes that were still swollen and blood shot, from his having been suddenly roused from sleep.
Dagobert stood bareheaded before him, with a submissive, respectful air, holding his old foraging cap in his hands, and trying to read in the sullen physiognomy of his judge what chance there might be to interest him in his favor—that is, in favor of the orphans.
In this critical juncture, the poor soldier summoned to his aid all his presence of mind, reason, eloquence and resolution. He, who had twenty times braved death with the utmost coolness—who, calm and serene, because sincere and tried, had never quailed before the eagle-glance of the Emperor, his hero and idol—now felt himself disconcerted and trembling before the ill-humored face of a village burgomaster. Even so, a few hours before, he had submitted, impassive and resigned, to the insults of the Prophet—that he might not compromise the sacred mission with which a dying mother had entrusted him—thus showing to what a height of heroic abnegation it is possible for a simple and honest heart to attain.
"What have you to say in your justification? Come, be quick!" said the judge roughly, with a yawn of impatience.
"I have not got to justify myself—I have to make a complaint, Mr. Burgomaster," replied Dagobert in a firm voice.
"Do you think you are to teach me in what terms I am to put my questions?" exclaimed the magistrate, in so sharp a tone that the soldier reproached himself with having begun the interview so badly. Wishing to pacify his judge, he made haste to answer with submission:
"Pardon me, Mr. Burgomaster, I have ill-explained my meaning. I only wished to say that I was not wrong in this affair."
"The Prophet says the contrary."
"The Prophet?" repeated the soldier, with an air of doubt.
"The Prophet is a pious and honest man," resumed the judge, "incapable of falsehood."
"I cannot say anything upon that subject; but you are too just, and have too good a heart, Mr. Burgomaster, to condemn without hearing me. It is not a man like you that would do an injustice; oh, one can see that at a glance!"
In resigning himself thus to play the part of a courtier, Dagobert softened as much as possible his gruff voice, and strove to give to his austere countenance a smiling, agreeable, and flattering expression. "A man like you," he added, with redoubled suavity of manner, "a respectable judge like you, never shuts his ears to one side or the other."
"Ears are not in question, but eyes; and, though mine smart as if I had rubbed them with nettles, I have seen the hand of the brute-tamer, with a frightful wound on it."
"Yes, Mr. Burgomaster, it is very true; but consider, if he had shut his cages and his door, all this would not have happened."
"Not so; it is your fault. You should have fastened your horse securely to the manger."
"You are right, Mr. Burgomaster, certainly, you are right," said the soldier, in a still more affable and conciliating voice. "It is not for a poor devil like me to contradict you. But supposing my horse was let loose out of pure malice, in order that he might stray into the menagerie—you will then acknowledge that it was not my fault. That is, you will acknowledge it if you think fit," hastily added the soldier "I have no right to dictate to you in anything."
"And why the devil should any one do you this ill-turn?"
"I do not know, Mr. Burgomaster—but—"
"You do not know—well, nor I either," said the burgomaster impatiently.
"Zounds! what a many words about the carcass of an old horse!"
The countenance of the soldier, losing on a sudden its expression of forced suavity, became once more severe; he answered in a grave voice, full of emotion: "My horse is dead—he is no more than a carcass—that is true; but an hour ago, though very old, he was full of life and intelligence. He neighed joyously at my voice—and, every evening, he licked the hands of the two poor children, whom he had carried all the day—as formerly he had carried their mother. Now he will never carry any one again; they will throw him to the dogs, and all will be finished. You need not have reminded me harshly of it, Mr. Burgomaster—for I loved my horse!"
By these words, pronounced with noble and touching simplicity, the burgomaster was moved in spite of himself, and regretted his hasty speech. "It is natural that you should be sorry for your horse," said he, in a less impatient tone; "but what is to be done?—It is a misfortune."
"A misfortune?—Yes, Mr. Burgomaster, a very great misfortune. The girls, who accompany me, were too weak to undertake a long journey on foot, too poor to travel in a carriage—and yet we have to arrive in Paris before the month of February. When their mother died, I promised her to take them to France, for these children have only me to take care of them."
"You are then their—"
"I am their faithful servant, Mr. Burgomaster; and now that my horse has been killed, what can I do for them? Come, you are good, you have perhaps children of your own; if, one day, they should find themselves in the position of my two little orphans—with no wealth, no resources in the world, but an old soldier who loves them, and an old horse to carry them along—if, after being very unfortunate from their birth—yes, very unfortunate, for my orphans are the daughters of exiles—they should see happiness before them at the end of a journey, and then, by the death of their horse, that journey become impossible—tell me, Mr. Burgomaster, if this would not touch your heart? Would you not find, as I do, that the loss of my horse is irreparable?"
"Certainly," answered the burgomaster, who was not ill natured at bottom, and who could not help taking part in Dagobert's emotion; "I now understand the importance of the loss you have suffered. And then your orphans interest me: how old are they?"
"Fifteen years and two months. They are twins."
"Fifteen years and two months—that is about the age of my Frederica."
"You have a young lady of that age?" cried Dagobert, once more awaking to hope; "ah, Mr. Burgomaster! I am really no longer uneasy about my poor children. You will do us justice."
"To do justice is my duty. After all, in this affair, the faults are about equal on both sides. You tied up your horse badly, and the brute tamer left his door open. He says: 'I am wounded in the hand.' You answer: 'My horse has been killed—and, for a thousand reasons, the loss of my horse is irreparable.'"
"You