When first Frau Fischer had started the suggestion it flew like wildfire.  Then people suddenly noticed, as very surprising, that Kerkel had not that day made his appearance at the shop.  His absence had not been noticed in the tumult of grief and inquiry; but it became suddenly invested with a dreadful significance, now that it was rumored that he had been Lieschen’s lover.  Of all men he would be the most affected by the tragic news; of all men he would have been the first to tender sympathy and aid to the afflicted parents, and the most clamorous in the search for the undiscovered culprit.  Yet, while all Nuremberg was crowding round the house of sorrow, which was also his house of business, he alone remained away.  This naturally pointed suspicion at him.  When the messengers had gone to seek him, his mother refused them admission, declaring in incoherent phrases, betraying great agitation, that her son was gone distracted with grief and could see no one.  On this it was determined to order his arrest.  The police went, the house was searched, and the waistcoat found.

The testimony of the girl who lived as servant in Kerkel’s house was also criminatory.  She deposed that on the night in question she awoke about half-past eleven with a violent toothache; she was certain as to the hour, because she heard the clock afterwards strike twelve.  She felt some alarm at hearing voices in the rooms at an hour when her mistress and young master must long ago have gone to bed; but as the voices were seemingly in quiet conversation, her alarm subsided, and she concluded that instead of having gone to bed her mistress was still up.  In her pain she heard the door gently open, and then she heard footsteps in the garden.  This surprised her very much.  She couldn’t think what the young master could want going out at that hour.  She became terrified without knowing exactly at what.  Fear quite drove away the toothache, which had not since returned.  After lying there quaking for some time, again she heard footsteps in the garden; the door opened and closed gently; voices were heard; and she at last distinctly heard her mistress say, “Be a man, Franz.  Good-night—­ sleep well;” upon which Franz replied in a tone of great agony, “There’s no chance of sleep for me.”  Then all was silent.  Next morning her mistress seemed “very queer.”  Her young master went out very early, but soon came back again; and there were dreadful scenes going on in his room, as she heard, but she didn’t know what it was all about.  She heard of the murder from a neighbor, but never thought of its having any particular interest for Mr. Franz, though, of course, he would be very sorry for the Lehfeldts.

The facts testified to by the servant, especially the going out at that late hour, and the “dreadful scenes” of the morning, seemed to bear but one interpretation.  Moreover, she identified the waistcoat as the one worn by Franz on the day preceding the fatal night.