The case was now ready for final sentence, and for this purpose all the depositions were forwarded on September 12th to the Judicial Court at Leipzig. But, before judgment was pronounced, the depositions were hastily sent for back to Dresden--for, in the meantime, the case had passed into a new phase. On October 5th, the gaoler--the same man who had brought about the confession of Fischer--announced that Kaltofen had confided to him that Fischer really had been his accomplice in both the murders. Kaltofen at once was summoned before the magistrate, and he calmly, and with emphasis, declared that Fischer had assisted him on both occasions, and that he had not allowed this before, because he and Fischer had sworn that neither would betray the other. Fischer had never mentioned his name, and he had accordingly done his utmost to exculpate Fischer. According to his account, he and Fischer had been walking together on the morning of March 26th, between 9 and 10, when they planned a murder together for the following day. However, there was rebutting evidence to the effect that on the morning in question Fischer had been on guard, at the hour named, before the powder magazine; he had not been released till noon. Other statements of Kaltofen proved to be equally untrue. What could have induced Kaltofen to deliberately charge a comrade in arms with participation in the crime, if he were guiltless? There was no apparent motive. He could gain no reprieve by it. It did not greatly diminish his own guilt. It was necessary to enter into as close investigation as was possible into the whereabouts of Fischer at the time of the two murders. It was not found possible to determine where he was at the time when Winter was killed, but some of his comrades swore that on March 27th he had been present at the roll-call at 6 p.m., and had come into barrack before the second roll-call at half-past eight. The murder of Kügelgen had taken place at eight o'clock, and the distance between the barrack and the spot where it had been committed was 3487 paces, which would take a man about 25 minutes to traverse. If, as his comrades asserted, Fischer had come in shortly after eight, then it was quite impossible that he could have been present when Kügelgen was murdered; but not great reliance can be placed on the testimony of soldiers as to the hour at which a comrade came into barrack just seven months before on a given day.