Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1860-04-27

as Maunert obstinately refused to confess, he
was ordered to be iogged. The hogging ex-
torted nothing but groans and denials. He
was fogged again ; but, as the judicial report
naively remarks Although he showed an
extreme susceptibility to the stripes, he was
not to be brought to confess, on the contrary,
stoutly maintained his innocence, but begged
that full investigation of his whole life
might be made, which would show he had
always lived honestly and above suspicion. $"
Nothing of the kind was undertaken. In
those days-the close of the Z" enlightened :"
eighteenth century-it did not occur to men
to ask What conn pensation will the innocent
receive if their innocence is proved?
After this second search was made in
Maunert's dwelling but nothing was found
which in any way bore on the robbery.
Schonleben's dwelling was also searched with
equally fruitless result. What was to be
done? 1t was clear these men were guilty !;
but their obstinacy set justice at defiance.
How extort confession? Appeals to their
terrors had been tried, and failed. Floggings
had been tried and failed. There remained
only two resources first, the Priest and next
the Rack.
The power of the Priest in extorting con-
| fessIOn, even from the most hardened Grimm
ais, had often been successfully employed :;
accordingly two celebrated Nurnberg theo-
logians and preachers, Schooner and Fuchs,
were commissioned to try their powers. The
| public expectation was raised by the news of
| this. Every one felt assured that, hardened
as these criminals were, the spiritual inhu
ence of such men as Schooner and Fuchs would
be irresistible, and Justice would, at length
be satisfied
Alas even this failed. The priests report
| ed that the two sons, no less than Maunert
and his wife, repeated that they knew no
| thing whatever Of the cash-bOx, that Kirch-
meier had perjured himself, and that God
would even yet make their innocence mani
| fest. "And," " said Schooner, " when | warned
Maunerts wife of that Judgment which
awaited her in another world, which none
could escape, however they might escape the
| Judgment in this world when | painted, in
| glowing terms the terrors of eternal damna-
| ton, the immovable Justice Of the Lord, and
the awful power of his DEGREES, she interrupt
ed me with the exclamation To Him | APP
| peal > When | argued with her on the sad
! consequences which would ensue, unless she
confessed not only that her imprisonment
would continue, but that even harder meas
ures would be adopted towards herself and
/ family, she replied And if they fog me to
| death, what is il? want nothing more from
this world, and care not to enter it again - -
| In this manner she encountered every ex-
/ hortatiOn. every argument, every reference
to temporal or eternal Justice. She was in
nocent her husband and children were in
nOcent she could say nothing else.
The state of opinion was 50 inconceiyably
against them, that we doubt whether any
presumptive evidence would at that moment
! have had much weight, otherwise it is proba-
| ble-but only probabe-that this steadfast
reiteratiOn of innocence, on the part OF the
whole family, under such severe trials of
| their frnness, would have suggested doubt
in their favor. 1t was true that the barber 5
evidence was explicit. But there was no
other evidence and against it might fairly be
set that Of the whole family, two of them
young boys, who never swerved IN their
statement. There was one awkward clrcum-
stance, it Is true the barber swore he saw
cash-box: whereas the whole family steadily
| denied that anu cash-bOx had been in their
room. 1t was i'm possible to doubt the barber's
statement. The prisoners denial looked like
sheer obstinacy Nevertheless this denial,
and the impression of sincerity which
innocence must have made on the priests, at
least accustomed TO hear confessions and to
interrOgate criminals, would have had It's
weight. had no Maunert's wife committed
a yerv common mistake-a mistake 70 which
we are all liable and which duly experience
seems incapable of adicat;ng-namely,
that Of qttributlng mOtires to the acts of 9TH
ers Whatever is done, especially when 1t
is in anyway injurious to US, we insist on
assigning to its true motive. Now the
motive which really actuates human being,
is almost inevitably hidden from us; we new
er altogether know it, we are not often
thoroughly aware Of our own motives; yet in
this state of blank ignorance, we guess at
what the motive may probably be; no sooner
is that guess seen to have a tOlerable con-
sistency with the circumstances known to us
than we at once give it entire faith and treat
it as an established fact. at must be so, ="
we say. and we proceed to act as II 1t were
50. In the present case the motives which
man have actuated Kirchmeier are numerous,
hut could not be known to another. Had
| Maunert's wife contended herself with say
ing "Kirchmeier has sworn falsely. Why?
do not know; how should | know why?'
her assertion would have been forcible; but
unhappilv she could not rest satisfied without
QuCSaHg ut his motives, and stated that what
she guessed was the fact. kirchmeler, she
said, had sworn against them, because
Maunert owed him some money for shaving
and had not made him a new year present,
To an irritated and feeble female intellect
this doubtless seemed an adequate motive; at
any rate it was the motive she guessed, and g,
having guessed it, she believed it. On the
public mind this accus alton produced no
effect save that of Strengthening the prejud-
ice against her family.
1t is clear from the concluding words OF
the priest's report, that misglying had en-
tered his mind respecting the guilt of this
family, my heart beats sorely," he says,
lat the obstinacy of these people (who 9TH
erwise seem to have lived honestly though in
poor circumstances), if they are guilty; but
still more at their fate if they are innocent,
If Kirchmeier has been mistaken, or if
like other men, he has been capable of hav-
ing beenled astray"
Up to this time a plausible explanation
had been propounded and of course un-
hesitatingly accepted, as to the mode in
which the cash-bOx had been transferred from
Shonleben's dwelling to that of Maunert Al
we do not sufficiently understand the localit
les to form a correct idea of this explanation
we shall not trouble the reader with it
Enough that at this juncture it was proved
by professional witnesses that the said ex
PLANTATION was physically absurd. The cash
box could not have been so transferred
Moreover, the plank which had been founc
recently taken up and laid down again IL
Schoneleben' S dwelling, and which was one
of the indications against him, now turned
out to have been removed by his predecessor
; in that dwelling, who testified thereto.
E The court felt tnat it's case was becoming
, weaker. Nevertheless it had no doubt o
r the guilt of the Maunerts; and, since priestl,
, exhortatIon has failed. it was determined t.
s try the effect of fogging on the wife. Sh
must confess She must learn that denial
( were useless, and that those who set them
/ selv,, IN opposition to the law should tast
3 its lul seventies. 1t was thus decreed tha
: she should be fogged-and in case her bodil
J., health did not permit her suffering sue