CHAPTER 20

Superior Federal Judge Klaus von Osteen sat on the high bench, two fellow judges flanking him. He saw the mouth of the prosecuting attorney move, but he could not make any sense out of the words. Haunted by his own guilt, his own fear of punishment, he could not concentrate on the case before him. He would have to agree with the verdict of his two fellow judges.

A flash of movement in the rear of the courtroom caught his eye, and his heart contracted painfully. But it was just a couple taking their seats. He tried to see the man’s face, but the head was bent down and away. Now the defense attorney was listing excuses for his client. Von Osteen tried to focus his attention on what the man was saying. He concentrated. Suddenly there was a commotion in the rear of the courtroom. By a great effort of will von Osteen kept himself from standing up. He saw a woman in white and one of the bailiffs half carry a slumping man out through the doorway. It was not an uncommon occurrence in these courtrooms where people were subjected to such cruel stress.

The incident disturbed him. With a crook of his finger he summoned one of the clerks to the bench and whispered instructions. When the clerk returned and told him that a friend of the nurse employed by the court had fainted and had been taken to the emergency room, von Osteen sighed with released tension. And yet there was something strange about such a thing happening at just this time.

When the court recessed for lunch, von Osteen decided to go down to the emergency room and inquire after the man’s condition. He could have sent a clerk, but he wanted to see for himself.

The nurse was a very pretty girl and fine-mannered. He noted with approval that she was far superior to the usual type employed in such government positions. She motioned to a screen around one of the hospital beds and told him that the man was recovering; it had been a mild fainting spell, nothing serious. Von Osteen stared at the screen. He was almost overcome by the urge to walk behind that screen and look into the man’s face, to resolve all his fears. But such an act would be extraordinary, and besides, the nurse was in his way. She would have to move aside. He said a few words to her with mechanical politeness and left the room. For the first time since he had become a judge in the Munich Palace of Justice he walked through the courtyard, turning his head so that he would not see the interior wall against which the bodies had been stacked on that terrible day long ago. Leaving the courtyard, he walked down the main avenue where his chauffeured limousine waited to take him to his home for lunch.

The detective guard sat in the front with the chauffeur, and von Osteen smiled with amusement. The guard would be almost no protection against a determined assassin, merely another victim. When the car rolled into the driveway of his home he noticed that his house guard had been increased. They would help. It would force the assassin to make his attempt somewhere else, and Marcia would be safe.

His wife was waiting for him in the dining room. The table was set with white napery that had a faint tinge of blue in the curtained light. The silver sparkled, and the bowls of bright flowers were arranged with the skill of an artist. He said jokingly to his wife, “Marcia, I wish the food were as good as the setting.” She made a face of mock displeasure. “Always the judge,” she said.

Looking at his wife, von Osteen thought, Would she believe in my guilt if it all came out? And he knew that if he denied everything she would believe him. She was twenty years his junior, but she truly loved him. Of that he had no doubts. Von Osteen ran his hand over his face. The surgery had been excellent, the best available in Germany, but close up the many scars and seams in his flesh were clearly visible. He wondered if that was why she kept the rooms curtained against too bright a light and the lamps dim.

After lunch she made him lie down on the sitting room sofa for an hour’s rest. She took a seat opposite him, a book in her lap.

Klaus von Osteen closed his eyes. He could never confess to his wife; she believed in him. And after all, he had received his punishment. A few weeks after Rosenmontag, 1945, a shell had fragmented his face. He had always accepted his terrible wound without bitterness, for in his mind it atoned for the crime he had committed against the young American agent in the Munich Palace of Justice.

How could he explain to anyone that as a staff officer, a nobleman, a German, he had come to recognize the degradation of his country, its dishonor. And like a man who is married to a drunkard and who decides to become a drunkard himself to show his love for her, so he, too, had become a torturer and a murderer to remain a German. But had it really been that simple?

In those years since the war he had lived a truly good life, and it had been natural to him. As a judge he had been humane, never cruel. He had left his past behind him. The records of the Munich Palace of Justice had been carefully destroyed; and up until a few weeks ago he had felt little remorse for his wartime cruelties.

Then he had learned of Pfann and Moltke being killed, and the Freisling brothers too. A week ago the American Intelligence officer Arthur Bailey had come to his home and told him about Michael Rogan. Rogan had murdered the men who had been von Osteen’s underlings in the Munich Palace of Justice when he had been a judge without the sanction of law. Von Osteen remembered Michael Rogan. They had not killed him after all.

Arthur Bailey had reassured him. Rogan would never accomplish his final murder, American Intelligence would see to that. They would also keep von Osteen’s war atrocities a secret. Von Osteen knew what this meant. If he ever came to political power in West Germany he would be subject to blackmail by American Intelligence.

Lying on the sofa he reached out to touch his wife, not opening his eyes. It was only when he learned that Rogan was alive that Von Osteen began to dream about him. He had nightmares of Rogan leaning over him, the back of his skull bleeding, the blood dripping onto von Osteen’s face. He had nightmares of a phonograph record blaring out the screams of Rogan’s young wife.

What was the truth? Why had he tortured Rogan and then killed him? Why had he recorded the screams of that pretty girl dying in childbirth? And why had he finally betrayed Rogan, led him on to hope for life, led him on to believe his wife was still alive?

He remembered the first day of the interrogation, the look on Rogan’s face. It was an innocent, good face, and it had irritated him. It was also the face of a young man to whom nothing terrible had yet happened.

On the same day von Osteen had gone to visit the prisoner ’s wife and found that she had been taken to the medical room, in childbirth. Walking toward the room, he had heard the young girl’s screams of pain, and when the doctor had told him the girl was dying von Osteen had decided to have the screams recorded to frighten Rogan into talking.

What a clever man he had been, von Osteen thought. He was clever in everything. Clever in evilness; and after the war, living with his ruined face, clever in goodness. And being clever, he now knew why he had destroyed Rogan so completely.

He had done so, von Osteen realized, because evil and good must always try to destroy each other; and it must follow that in the world of war and murder, evil must triumph over good. And so he had destroyed Rogan, slyly led him on to trust and hope. And at that final moment when Rogan had begged for mercy with his eyes von Osteen had laughed, his laughter drowned by the roar of the bullet exploding into Rogan’s skull. He had laughed at that moment because the sight of Rogan, with his hat tilted forward over his brow, had been genuinely comical; and death itself, in those terrible days of 1945, was merely a burlesque.


“It’s time.” His wife was touching his closed eyes. Von Osteen rose from the sofa and his wife helped him into his jacket. Then she walked with him to the limousine. “Be merciful,” she said.

It caught him unawares. He looked at her, his eyes dazed with incomprehension. She saw this and said, “On that poor wretch you will have to sentence this afternoon.”

Suddenly von Osteen had the overwhelming urge to confess his crimes to his wife. But the car was wheeling slowly away from the house on its way back to the Munich Palace of Justice. Already under sentence of death, but hoping for a reprieve, von Osteen could not bring himself to confess.

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