A Man Without Breath (Bernie Gunther Mystery 9)

by Philip Kerr

  ‘Might I ask who’s going to defend the men?’

  ‘This isn’t meant to be an adversarial process,’ said Von Kluge. ‘It’s a court of inquiry. Their guilt or innocence isn’t to be determined by advocacy but by the facts. Still, perhaps you’re right – under the circumstances someone ought to speak for them. I’ll appoint an officer from my own staff to give them a fair shake. Von Tresckow’s adjutant, Lieutenant von Schlabrendorff. He trained as a lawyer, I think. Interesting fellow, Von Schlabrendorff – his mother’s the great-greatgranddaughter of Wilhelm the first, the Elector of Hesse, which means that he’s related to the present king of Great Britain.’

  ‘I could do it more effectively, sir. Defend the men. Instead of prosecuting them. I’d feel more comfortable doing that. After all, it will give me another chance of arguing for clemency on behalf of Corporal Hermichen.’

  ‘No, no, no,’ he said, testily. ‘I’ve given you a job to do. Now damn well do it. That’s an order.’

  CHAPTER 2

  Saturday, March 27th 1943

  The trial of Sergeant Kuhr and Corporal Hermichen took place the following morning at the army Kommandatura in Smolensk, which was less than a kilometre north of the prison. Outside the air had turned to the colour of lead and it was obvious that snow was on the way, which most people agreed was a good thing, as it meant the temperature was starting to climb.

  Judge Conrad took the role of presiding judge with Field Marshal von Kluge and General von Tresckow assisting; Lieutenant von Schlabrendorff spoke for the accused; and I presented the facts that were ranged against them. But before proceedings commenced I spoke to Hermichen briefly and urged him to tell me anything he knew about the murders of the two telephonists.

  ‘In return I’ll inform the court that you have given the field police some important information that might lead to the arrest of another criminal,’ I said. ‘Which might weigh well with them – enough to show you some leniency.’

  ‘I told you, sir. When I know I’m off the hook I’ll tell you everything.’

  ‘That isn’t going to happen.’

  ‘Then I’ll have to take my chances.’

  The hearing – it was hardly a trial – took less than an hour. I knew it was within my remit to press for a verdict and a sentence, but in the event I did neither, as I had little appetite for urging upon the court the execution of a man I suspected could solve a crime. About Sergeant Kuhr I felt more ambivalent. But there was another factor, too. Before the Nazis, I had strongly believed in capital punishment. Every cop in Berlin had believed in that. In my time at the Alex I had even attended a few executions, and while I took no satisfaction in the sight of a murderer being led kicking and screaming to the guillotine, yet I felt justice had been served and the victims had been properly avenged. Since Operation Barbarossa and the invasion of the Soviet Union, I had come to think that every German had played some part in a crime greater than had ever been seen in any courtroom, and to that extent I felt less than comfortable with the whole hypocrisy of prosecuting two soldiers for doing what an SS man from any police battalion would have considered to be all in a day’s work.

  To his credit, Von Schlabrendorff spoke well for the accused men, and the three judges actually seemed inclined to give his words some weight before they retired to consider their verdict. But it didn’t take the trio long before they were back in the courtroom and Judge Conrad was pronouncing a sentence of death, to be carried out at once.

  As the men were led away, Hermichen turned and called to me:

  ‘Looks like you were right, sir.’

  ‘I’m sorry about that. Really I am.’

  ‘Are you coming to see the show?’

  ‘No,’ I said.

  ‘Perhaps I’ll tell you what you want to know just before they put the noose around my neck,’ said Hermichen. ‘Perhaps.’

  ‘Forget it,’ I said. ‘I won’t be there.’

  But I knew I would be, of course.

  *

  It was cold in the prison yard. Snow was falling gently from the breathless sky as if thousands of tiny Alpine paratroopers were taking part in some huge airborne invasion of the Soviet Union. It silently covered the crossbar of the gallows, turning its simple dark geometry into something almost benign, like a length of cotton wool on the Christmas crib in a quiet country church, or a layer of cream on a Black Forest cake. The two ropes that were curled underneath the icing-sugared beam might have been decorative, while below these tenantless holes in the air, the little flight of precarious wooden steps that led the way to pendulous death looked like something that had been provided by a more thoughtful soul, as if some child might have had need of them to reach a sink to wash its hands.

  In spite of what was about to happen it was hard not to think of children. The prison was surrounded by Russian schools – one on Feldstrasse, one on Kiewerstrasse and one on Krasnyistrasse – and as I’d parked my car outside the prison a snowball fight had been in progress and the sound of their playing and laughter now filled the freezing air like a flight of emigrating birds. For the two men who were awaiting their fate that carefree sound must have provoked a painful memory of happier times. Even I found it depressing, reminding me as it did of someone I’d once been and wouldn’t be again.

  Those of us who had assembled to see the sentence carried out – myself, Colonel Ahrens, Judge Conrad, Lieutenant von Schlabrendorff, Lieutenant Voss, several non-commissioned members of the field police, and some army prison guards – put out our cigarettes respectfully as two men approached the gallows. We relaxed a little as we realized they were only prison guards and watched as they began to push and pull at the beams as if testing the frame’s strength until, satisfied that the wooden edifice would perform its function, one of them lifted a thumb in the direction of the prison door. There was a short interval and then the two condemned men emerged with their hands tied in front of them and walked slowly towards the gallows, looking to one side and then the other in a sort of helpless, cornered way as if searching for a means of escape or some sign that they had been reprieved. They were wearing boots and breeches, but no tunics, and their white collarless shirts were almost too bright to contemplate.

  Seeing me, Corporal Hermichen smiled and mouthed a greeting, and thinking he now meant to tell me what I wanted to know, I moved closer to the gallows where the guards were already urging the two men up the wooden steps. Reluctantly they complied and the steps wobbled ominously.

  Sergeant Kuhr looked up at the noose as if wondering if it was equal to the business of hanging him, and now that I was nearer I could see it was a fair question, as the rope was little more than a length of striped cord, like something that might have been used to hang a Christmas decoration – it hardly looked strong enough to hang a fully-grown man.

  ‘Picked a nice fucking day for it,’ he said. And then: ‘All this fuss over a bit of Ivan cunt. Incredible.’ He bowed his head for a moment as the executioner lassoed it and tightened the rope under his left ear. ‘Hurry up, I’m getting cold.’

  ‘Be a lot warmer where you’re going,’ said the executioner, and the sergeant laughed.

  ‘Won’t be sorry to leave this godforsaken place,’ he said.

  ‘So you came after all,’ Hermichen said to me.

  ‘Yes.’

  ‘I knew you would.’ He grinned. ‘You can’t afford to risk it can you? The possibility that I might say who really killed those two telephonists. Our German friend on the motorcycle. With the razor-sharp bayonet. We saw him you know. That night.’ Hermichen opened his hands and then clasped them tightly again. ‘I’ve been thinking of him a lot. They’d hang him too if he was caught.’

  ‘That’s always a possibility,’ I said.

  ‘Aye, but the thing is, I’m not in favour of hanging anyone, for obvious reasons.’

  ‘There’s not much time,’ I said.

  ‘Talk about stating the fucking obvious,’ snarled Sergeant Kuhr.

  Overcoming a powerf
ul sense of shame, I remained where I was as the executioner pulled the noose over Hermichen’s head. Just by being there it seemed as if I was actively assisting in a degrading act of human wickedness no less cruel or violent than that meted out to the two Russian women the pair had raped and murdered. Two more deaths in this terrible place seemed hardly to matter, and yet – I asked myself – when would the killing stop? There seemed to be no end to it.

  ‘Please, corporal,’ I said. ‘I urge you to tell me. For the sake of those two dead comrades.’

  ‘More to them than met the eye, too. Least that’s what people say.’

  I swallowed hard, almost as if it had been me with the noose around my neck, drew a deep breath and pushed my chin toward my shoulder. I felt the bones and gristle of my own vertebrae crunch like a mouthful of Brazil nuts. It was good to be alive – to draw breath. Sometimes you had to be reminded of that.

  ‘Surely you wouldn’t want their murderer to go unpunished; or worse, to go to your own death suspected of having killed them yourself.’

  ‘Can’t see it matters much either way,’ said Sergeant Kuhr. ‘Not to us, eh Erich?’ He laughed.

  Hermichen lifted his hands and wiped some snowflakes from his hair and face with scrupulous care. ‘He’s got a point,’ he said.

  The executioner dismounted the steps, checked the knots of the ropes tied to the uprights, and contemplated the terrible sight in front of him. He looked at me and then back at the two condemned men, whereupon he placed his shiny black boot on the steps their lives were resting on. ‘Say what you want to say,’ the executioner told them roughly. ‘And hurry up about it. Haven’t got all day.’

  ‘I changed my mind,’ said Hermichen. ‘I’ve got nothing to say after all.’ And with that he closed his eyes and began to pray.

  ‘That’s the spirit,’ said Sergeant Kuhr. ‘Fuck ’em. Fuck ’em all.’

  The executioner glanced over at Judge Conrad, who was nominally in charge of the execution. He was a stern-looking man who wore horn-rimmed glasses, but all the same, he’d seen enough for one day and he took them off and tucked them into the pocket of his greatcoat; then he nodded curtly. For his sake I hoped he was now seeing a blur of what was happening. He was a thoroughly decent man and I didn’t blame him for the sentence, not in the least; he had done his duty and given his verdict on the basis of the evidence.

  The executioner himself wasn’t much more than a boy, but he went about his job with ruthless efficiency, and little more sign of emotion than if he had been about to kick at the sidewalls of a set of tyres. Instead, he placed the instep of his boot on the wooden steps and – almost carelessly – pushed them over.

  The two condemned men dropped several centimetres and then swung like coat hangers, their legs cycling furiously on bicycles that weren’t there; and all the time their necks seemed to grow longer, like footballers straining to head the ball at a goal. Both men groaned loudly and steam enveloped their torsos as they lost control of their bladders. I turned away with a feeling of profound disgust and anger that I had been tricked by Corporal Hermichen into witnessing his squalid death.

  It makes for a hell of a weekend when you’re obliged to attend a hanging.

  *

  I went to the Zadneprovsky Market on Bazarnaya Square, where you could buy all manner of things. Even in winter the square was full of enterprising Russians with something to sell now that the constraints of communism had been removed: an icon, an old vase, a home-made broom, jars of pickled beets and onions, some radishes, quilted clothing, pencils, snow shovels, hand-carved chess sets and pipes, portraits of Stalin, portraits of Hitler, unexploded propaganda grenades, cigarette papers, safety matches, lend-lease fuel packs for preparing food, lend-lease meat rations, lend-lease anti-gas goggles, lend-lease first-aid kits, bundled copies of a satirical magazine called Crocodile, back issues of Pravda that were useful for starting a fire, packets of Mahorka – this was Red Army tobacco (so strong it was like inhaling your very first cigarette) – and of course numerous Red Army souvenirs: these were popular with German soldiers, especially RKKA helmets, medals, tobacco tins, butter cans, spoons, razors, liquid polish, TT pistol holsters, wrist compasses, trench-shovels, map-cases, cavalry sabres and – most popular of all – SVT bayonets.

  I wasn’t in search of any of this stuff. A souvenir was something you bought to remind you of somewhere, and although it wasn’t yet over, I knew I didn’t ever want to be reminded of my time in Smolensk. After the day I’d just had I wanted to forget about it as quickly as possible. So I went to Bazarnaya Square with something else in mind: a source of cheap oblivion.

  I bought two large bottles of home-brewed beer – brewski – and was about to buy a bottle of samogon – the cheap but powerful home-made spirit we Germans were always being warned not to drink – when I saw a familiar face. It was Doctor Batov, from the Smolensk State Medical Academy.

  ‘You don’t want this stuff,’ he said removing the samogon from my hand. ‘Not if you want to see yourself in the mirror tomorrow.’

  ‘That was rather the point,’ I said. ‘I’m not sure I do. I heard the thing to do was pour the samogon into the brewski and drink the mixture. Yorsh, it’s called, isn’t it?’

  ‘For an intelligent man you have some very stupid ideas. If you drink two and a half litres of yorsh you may never see again. I suppose I should be glad if an enemy soldier kills or blinds himself, but I can easily make an exception in your case. What happened? I thought you weren’t coming back. Or is your return to Smolensk a punishment for discovering their dirty little secret?’

  He was talking about the Polish intelligence report we had translated in his laboratory with the aid of the stereo microscope.

  ‘Actually, I decided to keep my mouth shut about that,’ I said. ‘At least for now. My life seems precarious enough without rocking the steps it’s standing on. No, I’m back here in Smolensk on other duties. Although I certainly wish I wasn’t. I just want to get drunk and to forget more than I care to remember. It’s been that sort of a day, I’m afraid.’

  And I told him where I’d been and what I’d seen.

  Batov shook his head. ‘It’s a curious example your generals try to make,’ he said. ‘Hanging one kind of German soldier for behaving like another kind of German soldier. Do they suppose it will make us dislike the Germans a little less if you execute one of your own for killing Russians – after all, that’s what you’re here for, isn’t it? To get rid of us so that you can live in the space made by our absence? There’s a kind of schizophrenia working here.’

  ‘That’s just a medical name for hypocrisy,’ I said. ‘Which is the homage the Wehrmacht pays to virtue. Honour and justice in Germany are just a delusion. But it’s a delusion that someone in my line of work has to deal with every day. Sometimes I think that the greater insanity is not to be found in our leaders but in the judges I work for.’

  ‘I’m a doctor, so I prefer medical names. But if your government is schizophrenic, then mine is certainly dangerously paranoid. You’ve no idea.’

  ‘No. But it might be amusing to compare notes.’

  Batov smiled. ‘Come with me,’ he said. ‘I’ll show you where you can buy the better stuff. It’s not great, but it won’t put you in hospital. At the SSMA we’re rather short of beds as it is.’

  We went to another corner of the square – a quieter corner, on Kauf Strasse – where a man with a face like a box of iron filings and with whom Batov had clearly dealt before sold me a chekuschka, which was a quarter-litre of vodka from Estonia. The bottle was asymmetrical in a way that made you think you were already drunk, and the stuff looked no less suspicious than the samogon, but Batov assured me it was good stuff, which was probably why I decided to buy two and suggested he keep me company.

  ‘Drinking alone is never a good idea,’ I said. ‘Especially when you’re by yourself.’

  ‘I was on my way to the bakery on Bruckenstrasse.’ He shrugged. ‘But the chances are they won’t hav
e any bread anyway. And even when they do it’s like eating earth. So yes, I would like that. I live south of the river. On Gudunow Strasse. We can go there and drink these bottles if you like.’

  ‘Why do you use the German names for the streets and not your own Russian names?’

  ‘Because then you wouldn’t know where I was talking about. Of course this might just be a cunning trap. Me being an Ivan, I could have decided to lure you back to my place where some partisans are waiting to cut off your ears and nose and your balls.’

  ‘You’d be doing me a favour. It’s my ears and nose and my balls that seem to get me in trouble.’ I nodded firmly. ‘Let’s go, doctor. It would be nice to spend time with a Russian who’s not an Ivan, or a Popov, or a Slav, or a subhuman. It would be good to be with a Russian who’s just a man.’

  ‘Oh my God, you’re an idealist,’ said Batov. ‘And clearly a dangerous one at that. It’s obvious to me that you’ve been sent here to Russia to put that idealism severely to the test. Which is perfectly understandable. And rather perceptive of your superiors. Russia is the best place for a cruel experiment like that. This is the country for cruel experiments – it’s where idealists are sent to die, my friend. Killing people who believe in things is our national sport.’

  With the bottles in Batov’s empty shopping bag we went and found my car and drove over the rickety temporary wooden bridge that connected the southern part of the city with the northern part: German engineers had been busy. But Russian women were, it seemed, no less industrious; on the banks of the Dnieper they were already hard at work building the wooden rafts that would transport things into the city when the river was properly navigable.

  ‘Is it the women who do all the work here?’ I asked.

  ‘Someone has to, don’t you think? It will be the same for you Germans one day, you mark my words. It’s always the women who rebuild the civilizations that the men have done their best to destroy.’

  Batov lived alone in a surprisingly spacious apartment in a largely undamaged building that was painted the same shade of green as many of the churches and public buildings.