The Life of Ludwig van Beethoven, Volume III — John Shaqi
The Life of Ludwig van Beethoven, Volume IIIThayer, Alexander Wheelock
History
The Life of Ludwig van Beethoven, Volume III
Thayer, Alexander Wheelock
Beethoven, Ludwig van, 1770-1827
But there are many anomalous things to the studious mind in the
proceedings which we are reporting, which differ greatly from anything
which could happen in a court of chancery or probate in Great Britain
or America to-day. It is certainly repugnant to our present legal
ethics that having filed a petition to reverse the action of one
court Beethoven should not only have written private letters to a
judge of the court of review, pleading his case on personal grounds,
but that his counsel should have advised him to visit members of the
higher court to present arguments in his behalf. But, no doubt, this
was consistent with the customs of Austria a century ago; and it is
what happened. Beethoven writes to Karl Winter, an _Appellationsrat_,
and his lawyer tells him to engage him and one of his colleagues,
Schmerling, in conversation on the subject. Perhaps Winter himself
questioned the propriety of the proceeding, for in a Conversation Book
somebody, who had evidently acted as messenger in the delivery of
the letter, writes: “I gave it to Herr v. Winter; he kept me waiting
and then said that he could give no answer, nor involve himself in a
correspondence.” The letter in question was written on March 6. In it
Beethoven says that he had prepared a memorial which he would place in
his hands in a few days. From the outline given it is plain that the
memorial contained a review of the case since the death of Beethoven’s
brother. It had been prepared, said Beethoven, “believing that I
owed it to myself to expose the falsity of the many slanders which
have been uttered against me and to lay bare the intrigues of Madame
van Beethoven against me to the injury of her own child, as also to
place in its proper light the conduct of the Magistrates’ Court.” He
charges that the Magistrates had summoned the widow and her son to a
hearing without his knowledge and, as his nephew had told him, he had
been urged and led on by his mother to make false accusations against
him. He had also forwarded a document which proved the wavering and
partisan conduct of the Magistrates. He repeats the charge about his
nephew’s failure to advance in his studies and adds that the boy had
had a hemorrhage which, had he not been on hand, might almost have cost
him his life. These things were not attributable to Herr Tuscher for
the reason that the Magistrates had given him too little support and
he could not proceed with sufficient energy--this the writer could do
in his capacity of uncle, guardian and defrayer of expenses. He asks
that if it becomes necessary he and his nephew be examined, cites his
expenditures to keep the boy two years in an educational institution,
saying that he had received nothing from the widow in nearly fourteen
months but would continue to pay the cost unselfishly in the future,
and had set apart 4,000 florins which was on deposit in bank and was to
go to his nephew on his death. Moreover, he had expectations from his
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