Kohlhaas, white in the face, said with forced jocularity, "Didn't you really want to escape, Herse?" And as the latter, with a deep blush, looked down at the ground—"Confess to me!" said he; "You didn't like it in the pigsty; you thought to yourself, you would rather be in the stable at Kohlhaasenbrück, after all!"
"Od's thunder!" cried Herse; "breast strap and blankets I tell you, and a bundle of linen I left behind in the pigsty. Wouldn't I have taken along three gold gulden that I had wrapped in a red silk neckcloth and hidden away behind the manger? Blazes, hell, and the devil! When you talk like that, I'd like to relight at once the sulphur cord I threw away!"
"There, there!" said the horse-dealer, "I really meant no harm. What you have said—see here, I believe it word for word, and when the matter comes up, I am ready to take the Holy Communion myself as to its truth. I am sorry that you have not fared better in my service. Go, Herse, go back to bed. Have them bring you a bottle of wine and make yourself comfortable; you shall have justice done you!" With that he stood up, made out a list of the things which the head groom had left behind in the pigsty, jotted down the value of each, asked him how high he estimated the cost of his medical treatment, and sent him from the room after shaking hands with him once more.
Thereupon he recounted to Lisbeth, his wife, the whole course of the affair, explained the true relation of events, and declared to her that he was determined to demand public justice for himself. He had the satisfaction of finding that she heartily approved his purpose, for, she said, many other travelers, perhaps less patient than he, would pass by the castle, and it was doing God's work to put a stop to disorders such as these. She added that she would manage to get together the money to pay the expenses of the lawsuit. Kohlhaas called her his brave wife, spent that day and the next very happily with her and the children, and, as soon as his business would at all permit it, set out for Dresden in order to lay his suit before the court.
Here, with the help of a lawyer whom he knew, he drew up a complaint, in which, after giving a detailed account of the outrage which Squire Wenzel Tronka had committed against him and against his groom Herse, he petitioned for the lawful punishment of the former, restoration of the horses to their original condition, and compensation for the damages which he and his groom had sustained. His case was indeed perfectly clear. The fact that the horses had been detained contrary to law threw a decisive light on everything else; and even had one been willing to assume that they had sickened by sheer accident, the demand of the horse-dealer to have them returned to him in sound condition would still have been just. While looking about him in the capital, Kohlhaas had no lack of friends, either, who promised to give his case lively support. His extensive trade in horses had secured him the acquaintance of the most important men of the country, and the honesty with which he conducted his business had won him their good will.
Kohlhaas dined cheerfully several times with his lawyer, who was himself a man of consequence, left a sum of money with him to defray the costs of the lawsuit and, fully reassured by the latter as to the outcome of the case, returned, after the lapse of some weeks, to his wife Lisbeth in Kohlhaasenbrück.
Nevertheless months passed, and the year was nearing its close before he received even a statement from Saxony concerning the suit which he had instituted there, let alone the final decree itself. After he had applied several times more to the court, he sent a confidential letter to his lawyer asking what was the cause of such undue delay. He was told in reply that the suit had been dismissed in the Dresden courts at the instance of an influential person. To the astonished reply of the horse-dealer asking what was the reason of this, the lawyer informed him that Squire Wenzel Tronka was related to two young noblemen, Hinz and Kunz Tronka, one of whom was Cup-bearer to the person of the sovereign, and the other actually Chamberlain. He also advised Kohlhaas not to make any further appeal to the court of law, but to try to regain possession of his horses which were still at Tronka Castle, giving him to understand that the Squire, who was then stopping in the capital, seemed to have ordered his people to deliver them to him. He closed with a request to excuse him from executing any further commissions in the matter, in case Kohlhaas refused to be content with this.
At this time Kohlhaas happened to be in Brandenburg, where the City Governor, Heinrich von Geusau, to whose jurisdiction Kohlhaasenbrück belonged, was busy establishing several charitable institutions for the sick and the poor out of a considerable fund which had fallen to the city. He was especially interested in fitting up, for the benefit of invalids, a mineral spring which rose in one of the villages in the vicinity, and which was thought to have greater powers than it subsequently proved to possess. As Kohlhaas had had numerous dealings with him at the time of his sojourn at Court and was therefore known to him, he allowed Herse, the head groom, who, ever since that unlucky day in Tronka Castle, had suffered pains in the chest when he breathed, to try the effect of the little healing spring, which had been inclosed and roofed over.
It so happened that the City Governor was just giving some directions, as he stood beside the depression in which Kohlhaas had placed Herse, when a messenger, whom the horse-dealer's wife had sent on after him, put in his hands the disheartening letter from his lawyer in Dresden. The City Governor, who, while speaking with the doctor, noticed that Kohlhaas let a tear fall on the letter he had just read, approached him and, in a friendly, cordial way, asked him what misfortune had befallen him. The horse-dealer handed him the letter without answering. The worthy Governor, knowing the abominable injustice done him at Tronka Castle as a result of which Herse was lying there before him sick, perhaps never to recover, clapped Kohlhaas on the shoulder and told him not to lose courage, for he would help him secure justice. In the evening, when the horse-dealer, acting upon his orders, came to the palace to see him, Kohlhaas was told that what he should do was to draw up a petition to the Elector of Brandenburg, with a short account of the incident, to inclose the lawyer's letter, and, on account of the violence which had been committed against him on Saxon territory, solicit the protection of the sovereign. He promised him to see that the petition would be delivered into the hands of the Elector together with another packet that was all ready to be dispatched; if circumstances permitted, the latter would, without fail, approach the Elector of Saxony on his behalf. Such a step would be quite sufficient to secure Kohlhaas justice at the hand of the tribunal at Dresden, in spite of the arts of the Squire and his partisans. Kohlhaas, much delighted, thanked the Governor very heartily for this new proof of his good will, and said he was only sorry that he had not instituted proceedings at once in Berlin without taking any steps in the matter at Dresden. After he had made out the complaint in due form at the office of the municipal court and delivered it to the Governor, he returned to Kohlhaasenbrück, more encouraged than ever about the outcome of his affair.
After only a few weeks, however, he was grieved to learn from a magistrate who had gone to Potsdam on business for the City Governor, that the Elector had handed the petition over to his Chancellor, Count Kallheim, and that the latter, instead of taking the course most likely to produce results and petitioning the Court at Dresden directly for investigation and punishment of the outrage, had, as a preliminary, applied to the Squire Tronka for further information.