It was not advisable at present because, as the professor had said, there were too many pupils there and the supervision over a boy like his ward was not adequate.
What means did he purpose to employ in the education of his ward?
His ward’s greatest talent was in study and to this he would be held. His means of subsistence were the half of his mother’s pension and the interest on 2,000 florins. Heretofore the difference between this sum and the cost had been paid by him and he was willing to assume it in the future if the matter could but once be put in order. As it was not practicable to place his nephew in the Convict now, he knew only of two courses open to him: to keep a steward for him who should always be with him, or to send him for the winter to Giannatasio. After half a year he would send him to the Mölker Convict, which he had heard highly commended, or if he were but of noble birth, give him to the Theresianum.
Were he and his brother of the nobility and did he have documents to prove it?
“Van” was a Dutch predicate which was not exclusively applied to the nobility; he had neither a diploma nor any other proof of his nobility.
The Mother’s Apprehensions
In listening to these words from Beethoven on the witness stand we have stretched the thread of our story; for this testimony was given in court on December 11th, and the second attempt of the widowed mother to get control of her son had been foiled by the decision on October 3rd. It was therefore a new case which the court had under consideration when Beethoven made the above utterances. This third application on the part of the mother was filed on December 7, and grew out of the runaway prank of Karl and her fear of what might be its consequences. In her petition she set forth the fact that her son had left the home of his uncle and guardian without her knowledge, that he had been taken back by the police, and that “as, to judge by his actions, Ludwig van Beethoven was willing to send her son away from Vienna, perhaps into foreign lands,” she asked that he be restrained from doing so, and she renewed her request that she be permitted to send her son to the Royal Imperial Convict for keep and education.
Hotschevar supported this petition in a document like a modern law brief, explaining his interest in the matter on the grounds that his wife was a stepsister of Madame van Beethoven’s deceased mother, that the law permitted such an act in all cases where human rights were concerned and that he, having had experience for several years as instructor in the houses of the aristocracy, could not be blamed if he put the knowledge of pedagogics and psychology thus acquired at the service of a lad to whom he bore a family relationship and brought to the attention of the supreme guardian matters which it (the Landrecht) could not possibly know concerning its wards unless proceedings were brought before it. He admitted that Madame van Beethoven had years before been guilty of a moral delinquency for which she had been punished, but asserted her right to a standing in court; he then contended: (1) that the mother had illegally been denied all influence over her son partly with, partly without the knowledge of the court, and (2) that her son could not remain under the sole influence of his uncle and guardian without danger of suffering physical and moral ruin. In support of these contentions he recited that the brothers van Beethoven were eccentric men, so often at odds with each other that they might better be called enemies than friends, Karl van Beethoven being pleasantly disposed toward his brother only when he was in need of money from him, and that the suspicion lay near that the boy had been an object of traffic between them, inasmuch as an agreement touching the payment of 1,500 florins had been made only on condition that Ludwig van Beethoven surrender a document which appointed him guardian. Karl van Beethoven, moreover, knowing the animosity which his brother felt towards his wife, had in a codicil to his will expressly said that he did not want Ludwig van Beethoven to be sole guardian of his son but joint guardian with the mother, and had, for the sake of the boy, admonished more compliancy on the part of the mother and more moderation on that of the brother. Although the Court had deprived the mother of the guardianship over her son, it had granted permission to her to visit him; but this privilege had been withheld from her. The statement of the village priest Fröhlich (which has already been given in these pages) was appended to the widow’s application as evidence of the physical and moral degeneration of the boy, and for himself Hotschevar says that he had observed after the boy had run away from his uncle that his hands and feet were frostbitten, that he had no seasonable clothing and that his linen and baths had been neglected. The priest’s statement was also appealed to to show that the boy had been led into unfilial conduct, indifference toward religion, hypocrisy, untruthfulness and even theft against his guardian—in short, was in danger of becoming a menace to society. He willingly granted Beethoven’s readiness and desire to care for his ward, but maintained that his hatred of the mother, his passionate disposition inflamed by the talebearing of others (once naming Giannatasio), made it difficult for him to employ the proper means. Conceding Beethoven’s magnanimity, he yet urged that in view of the danger in which the lad was, he ought to forgo the guardianship or associate with himself either the mother or some other capable person, it appearing from the facts in the case that he was “physically and morally unfit” for the post.
Madame van Beethoven’s deposition, apparently filed as appendix to Hotschevar’s brief (like that of Fröhlich), alleges that a letter of Giannatasio’s dated March 8, 1816, showed that she had to forgo her desire to visit her son or satisfy it once a month and then “like a thief.” After Beethoven took the boy, and especially after his removal to Mödling, she was not permitted to see him at all. She had been assured that her son would be admitted to the Convict, but his testimonials had been withheld from her and so she had been unable to file them with her application for a scholarship. His expenses were 750 florins per year for board, lodging, clothes, books, medicines, etc., to pay which 2,000 florins had been deposited in Court and yielded 100 florins interest per annum. She had pledged herself to give one-half of her pension of 333 florins, 20, that is 116 florins, 40 kreutzers towards his education. This amounted to 380 florins W. W., including the interest on the deposit; and she would gladly pay the difference between this sum and 750 florins until she should get the promised scholarship for her son. On December 11, the widow appealed to the court that in case the guardian of her son should make application touching plans for his future training it be not granted without giving her a hearing. This was the day when Beethoven, who had brought Joseph Carl Bernard with him, no doubt to protect him in his deafness, gave the testimony already set forth. The nephew had been examined before him:
The Testimony of Mother and Son