Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1860-04-27
were not only imp risoned, but tortured and

tHdI ne QdQ ever Hdi any SuOh Odoh-pOA
painted or gilded, in his possession. He knew
Schonleben, knew that he was Sterbenk s
messenger, but knew nothing OF his private
affairs Maunert's wife and Ssps also denied
that any such box had been IN thir house.
Kirchmeier, confronted with the accused fam
ily, declared that, on the 80 June, at eight
in the morning, as he entered Maunert S
room, to shave him he saw near the oven, an
iron box with green stripes, the top painted
with flowers, the lock ornamented with four
painted oak leaves, which he now perfectly
well remembered, and could describe. He
never saw that box afterwards.
Kirchmeier was so honored a citizen, and
his statement was so explicit, and 50 firmly
insisted on by him, that inasmuch as he
seemed free from all possible motive IN the
matter, not bearing any malice towards the
Maunert's, but, on the contrary, testliylng
to their being, as far as he knew, honest,
truthful people, the idea of doubling his
declaration never entered the heads OF the
Nurnbergers, assurcdly not OF the executive,
which at once cast Maunert into a dark, sol
itary cell, aud his wife into a cell with con-
demned women.
Maunert's lodgings were searched. Neither
cash box, nor trace of any burgarious lnstru-
ment could be found, but-and this was
thought important-in Lumber room one
of the planks showed traces of having been
lately raised, and with inexperienced hands
restored to its place. After this, nothing
was needed but the full confession of the
crime.
Schonleben firmly denied any knowledge
of the crime or the criminals nor could he
name any one on whom his suspicious fell,
although he would say that Beutner, on the
occasion Of helping him with the load of
wood, did ask where the counting house
was, and whether all the people in the house
slept above. He knew nothing of Beutner 5
having stood looking into the counting
house, as had been asserted. He denied eve
rvthing that was alleged against him, OF ex-
planned it away. There is one point in his
evidence which is noticeable, and was much
noticed-namely, that he described the cash
box in precisely the same terms as those en-
ploved by Kirchmeer in reference to the box
seen in Maunerts room. This gave addl-
tional weight to the barber's testimony for,
it was argued, how couldi Kirchmeier, who
had never been in Sterbenk's house, and con-
seduently had never seen the cash box there,
accurately describe it, unless he had actually
seen it ? He described it precisely as the
messenger who saw it daily and what he
described was, he averred, under the table in
Maunert's room. Now Maunert and his wife
distinctly denied ever having had any cash
box whatever in their rooms
Beutner, the spanglemaker, on being
questioned respecting his dialogue with
Schonleben, admitted its truth, but said he
was in liquor at the time, and knew not
much what he talked about. Of the crime
or the criminals. he knew absolutely moth
ing and as proof that he was not concerned
in the robbery either as principal or assist
ant, he offered to prove an abb. Unhapphy
for him, this proof was far from satisfactory
and the suspicion deepened against hlm. Inc
witnesses he called did not admit that he
was with them drinking till two in the morn
ing but, on the contrary, declared they had
accompanied him home at eleven. Now II
he reached home by eleven, there was abund-
ance of time .or him to have committed the
robbery.
The examination of the Maunerts now oc-
cupied the court. 1t was determined to put in
force the rigor of the law to extort a confession.
Kirchmeier reiterated and even added to his
anu utNAdA IN N''N'
if necessary. to affirm them on oath. In
those days the criminal law did not absolute
ly require witnesses to be sworn; only IN
extreme cases was the oath administered
and the punishment of perjury was very Sc
we're The oath was last step, when the
evidence was otherwise imperfect. Now a'
the two Maunert boys, n being IntcrrOgated
and soemnly warned to speak the truth per
sisted in unwavering denial of having ever
seen such a box and suggested that what
the barber saw must have been painted box
filled with plaster cast medalllons, which IN
deed was under the table, but not behind or
near the door; this steady denial forced the
court to administer the oath.
Kirchmeier again declared his readiness to
take the oath which he could do with clear
conscience. He was solemnly warned to con-
slider what he said, to be quite clear with
himself as to VIII thcr the box seen by him
was really such box as the one stolen; the
severe punishment Of perjury was rehearsed
to him and the oath was slowly read aloud
to him. He remained mistaken. The de-
snairinr Maunerts on their knees implOred
HIM to have pity; adjured him by all be held
sacred not to ruin them; pointed to then
children in hopes of moving him. hIrch-
meier was immovable. In calm and solemn
tones he took the oath. Nothing that was
saId made him swerve in his statement that
he had seen the box THAT which | saw,
saw the green painted cash-box with greer
wooden legs. | saw in the rooms Of the man
who is now kneeling imploringly before me
| cannot help it. am quite convinced thai
in this am not mistaken His blood be OF
my head -
II was done. The oath had been taken
God had heard it, and would avenge it i
false. The excitement was not confined t
Nurnberg and Franconia ali Germany shar
ed in it. Pamphlets, pictures, and discus
sions made it the talk Of the day. he court
after Kirchmeier' solemn testimony, saw il
the accused nothing but hardened and OBJ
stinate sinners the public shared this con
viction. s. high ran the feeling against al
the accused on account of their Obstinacy
that the mob smashed Schonleben : windows
and his yougest child was killed in its moth
er's arms by a stone.
Kirchmeier. the demon of this story, afte
his damnatory oath, communicated fresh in
| dicatlons of Maunert's criminality, which %
course, helped to confirm the prejudic
against this unhappy man. lie stated tina
some days after he had seen the box in Maun
ert's rooms, he had called on him and nar
rated how he had just seen Schonleben's wifi
carried through the crowd by the police, ac
cused of having with her husband stole
Sterbenk's cash-box; whereupon Mauuer
said, "And what compensation will thes
poor people get if they are innocent?'' Surel
a very natural and humane question to
humane apparently for general appreciatio
then. since it was interpreted as a sign {
guilt by logical process not unexampled
public reasonings. A week later, the barbt
again called on Maunert, and showed hir
him the newspaper in which reward Wa
offered for the detection of the criminal
Maunert remarked-"How could Sterben
imagine that the robber would be discoverf
merely if poor people were observed to hay
or spend more money than usual? he, Maui
ert, happened to have lately paid some debt
and was in possession of more money tina
usual; but he did not suppose that suspiciC
ould fall on him on that account.
1t cannot escape the reader as somethir
peculiarly removed from modern jurispr
| dence that not only should such implicit re