Rudolf von der Wart received the horrible sentence of being broken on the wheel. On his trial the Emperor's attendant declared that Der Wart had attacked Albert with his dagger, and the cry, 'How long will ye suffer this carrion to sit on horseback?' but he persisted to the last that he had been taken by surprise by the murder. However, there was no mercy for him; and, by the express command of Queen Agnes, after he had been bound upon one wheel, and his limbs broken by heavy blows from the executioner, he was fastened to another wheel, which was set upon a pole, where he was to linger out the remaining hours of his life. His young wife, Gertrude, who had clung to him through all the trial, was torn away and carried off to the Castle of Kyburg; but she made her escape at dusk, and found her way, as night came on, to the spot where her husband hung still living upon the wheel. That night of agony was described in a letter ascribed to Gertrude herself. The guard left to watch fled at her approach, and she prayed beneath the scaffold, and then, heaping some heavy logs of wood together, was able to climb up near enough to embrace him and stroke back the hair from his face, whilst he entreated her to leave him, lest she should be found there, and fall under the cruel revenge of the Queen, telling her that thus it would be possible to increase his suffering.
'I will die with you,' she said, 'tis for that I came, and no power shall force me from you;' and she prayed for the one mercy she hoped for, speedy death for her husband.
'And bid me not depart,' she cried, 'My Rudolf, say not so; This is no time to quit thy side, Peace, peace, I cannot go! Hath the world aught for me to fear When death is on thy brow? The world! what means it? Mine is here! I will not leave thee now. 'I have been with thee in thine hour Of glory and of bliss; Doubt not its memory's living power To strengthen me through this. And thou, mine honor'd love and true, Bear on, bear nobly on; We have the blessed heaven in view, Whose rest shall soon be won.'
When day began to break, the guard returned, and Gertrude took down her stage of wood and continued kneeling at the foot of the pole. Crowds of people came to look, among them the wife of one of the officials, whom Gertrude implored to intercede that her husband's sufferings might be ended; but though this might not be, some pitied her, and tried to give her wine and confections, which she could not touch. The priest came and exhorted Rudolf to confess the crime, but with a great effort he repeated his former statement of innocence.