From this day Siebenkæs went straightway back to his only friend in the place, Stiefel, whose little mistake he had forgiven from his heart long long since—half an hour after it happened, I believe. He knew that the sight of him would be a consolation to the exiled evangelist in his Patmos-chamber, and that his wife would find a consolation in it too. Yea, he carried greetings which had never been intrusted to him backwards and forwards between the two.

The little scraps of news of the Schulrath, which he would let drop of an evening, were to Lenette as the young green shoots which the partridge scratches up from beneath the snow. At the same time, I am not concealing the fact that I am very sorry both for him and for her; although I am not such a wretched partisan of either as to withhold my love and my sympathy from two people who are mutually misunderstanding and making war upon each other.

Out of this grey sultry sky, whose electrical machines were being charged fuller and fuller every hour, there broke, at last, a first harsh peal of thunder—Firmian lost his law suit. The Heimlicher was the catskin rubber, the foxtail switch, which charged the Inheritance Chamber, the goldsmith’s pitch-cake of Justice, full of pocket-lightning. But the suit was adjudged to be lost on the simple ground that the young notary, Giegold, with whose notarial instrument Siebenkæs had armed himself, was not as yet duly matriculated. There cannot be very many persons unaware that in Saxony no legal instrument is valid unless drawn up by a notary who has been duly matriculated, while, at the same time, documentary evidence can be of no greater force in another country than of that which it possessed in the country where it was drawn up. Firmian lost his suit, and his inheritance along with it. However, the latter remained untouched, for, perhaps, nothing can keep a sum of money safer from the attacks of thieves, clients, and lawyers, than the fact of its being the subject of a lawsuit—nobody can touch it then. The sum is clearly specified in all the documents, and these documents would have, themselves, to be got out of the way before the money could be got at. Similarly, the good man of the farm rejoices when the weevil has papered his cornricks all over with white, because then the corn which has not had the heart of it eaten out by the spinner is safe against the ravages of all other corn worms.

A lawsuit is never more easily won than when it is lost—one lodges an appeal. After payment of the costs, ordinary and extraordinary, the law concedes the beneficium appellationis (benefit of appeal to a higher tribunal), although this benefit-farce cannot be of much avail to anybody who has not had certain other benefits conferred upon him beforehand.

Siebenkæs had the right to appeal; he could with ease adduce evidence of his name and wardship through a duly matriculated Leipzig notary. All he wanted was the worktool—the weapon for the fight, which was also the subject of it—to wit, money. During the ten days which the appeal (fœtus-like) had wherein to come to maturity, he went about sickly and thoughtful. Each of these decimal days exercised upon him one of the persecutions of the early Christians and decimated his hours of happiness. To apply to his Leibgeber, in Bayreuth, for money, the distance was too long and the time too short; for Leibgeber, to judge by his silence, had probably leapt ever many a mountain on the leaping-pole, the climbing-spurs, of his silhouette-clipping. Firmian cast everything to the winds, and went to his old friend, Stiefel, that he might comfort himself and tell all the story. Stiefel fumed at the sight of marshy bottomless paths of the law, and pressed upon Siebenkæs the acceptance of a pair of stilts whereon to traverse them, namely, the money necessary for the appeal. Ah! this to the disconsolate, longing, Schulrath was almost tantamount to another clasp of Lenette’s beloved, clinging hand; his honest blood, coagulated by all these days of mere icy cold, thawed once more and began to flow. It was through no cheating of his sense of honour that Firmian, who preferred starving to borrowing, at once accepted Stiefel’s money, looking upon each dollar as a little stone wherewith to pave the path of the law, and so pass over it unbemired. His principal idea was that he would soon be dead, and that, at all events, his helpless widow would have the enjoyment of his inheritance.

He appealed to the Supreme Court and ordered another instrument to be drawn up in Leipzig.

These fresh nail-scratches of fortune, on the one hand, and Stiefel’s kindness and money, on the other, laid up a fresh accumulation of oxygenous, or acidifying, matter in Lenette, and, at the same time, the acid of her ill-humour became (as acids in general do) stronger in a time of frost, and on this subject I shall here communicate the few meteorological observations which I have to make.

They are as follows:—Since the misunderstanding with Stiefel, Lenette was mute the whole day long, recovering from this lingual paralysis only in the presence of strangers. I presume there must exist some physical cause for the phenomenon that a woman is frequently unable to speak except in the presence of strangers, and we should be able to discover the reason of the converse phenomenon, that a mesmerized subject can converse only with the mesmerizer or with persons who are en rapport with him. In St. Kilda everybody coughs when a stranger arrives in the island, and although coughing is not exactly speaking, perhaps, yet it is a preliminary whirring of the wheels of the mechanism of speech. This periodic or intermittent dumbness, which, perhaps, like the non-periodic or continued form of the complaint may be the result of the suppression of (surface) outbreaks, is nothing new to the medical world. Wepfer mentions the case of a paralytic woman who could say nothing except the Lord’s Prayer and the Creed; and cases of dumbness are of frequent occurrence in matrimonial life, in which the wife can say nothing to the husband beyond a word or two of the extremest necessity. There was a fever-patient at Wittenberg who couldn’t speak a word the whole day long except between 12 and 1 o’clock; and we meet with plenty of poor dumb women who are only in a condition to speak for about a quarter of an hour in the course of the day, or can just manage to get out a word or two in the evening, and are obliged to have recourse to dumb-bells by way of helping out their meaning, using for that purpose plates, keys, and doors.

This dumbness, at last, so worked upon poor Siebenkæs that he caught it himself. He mimicked his wife as a father does his children for their good. His satiric humour often had a good deal the appearance of satiric ill-humour; but this was done with the sole view of keeping himself at all times perfectly calm and cool. When chamber-wenches distracted him most utterly as he was in the depths of his auctorial sugar-refinery and beer-brewery, by converting (with Lenette’s assistance) his room into a regular herald’s chancellery and orator’s tribune, he could always bring his wife, at all events, down from the platform by striking three blows on his desk with his bird-sceptre (this was by virtue of an arrangement which he had come to with her on the subject). Also, on the many occasions when he would find himself sitting over against these talking Cicero-heads, powerless to frame an idea, or to write a line, and regretting the loss (not so much to himself as to the innumerable mass of persons of the highest condition and intelligence) of the thousands of ideas which were thus abstracted by these adepts in the art of talk—he could give a tremendous thump with his sceptre-ruler, upon the table, such as one gives to a pond to make the frogs cease croaking. What pained him most with regard to this robbery of posterity was the thought that his book would go down to it shorn of its fair and due proportions as a consequence of all this fugitive chatter. It is a beautiful thing that all authors, even those who deny the immortality of their own souls, seldom have anything to say against that of their names. As Cicero declared that he would believe in the second life, even were there none, they cleave to a belief in the second, eternal, life of their names, however their critics may demonstrate the contrary.

Siebenkæs now most distinctly intimated to his wife, that he should not speak any more at all, not even concerning matters of the utmost necessity, and this because he simply could not and would not be distracted or chilled in the fervour of composition, by long angry discussions concerning talking, washing, or the like, neither be induced to lose his temper with her about such matters. Any given matter of perfect indifference can be spoken of in ten different tones and mistones, and, therefore, with the view of not depriving his wife of whatever enjoyment she might derive from speculating as to the tones in which things were capable of being said, he gave her to understand that for the future he would speak to her only in writing.