He said, with a contemptuous smile, “It is very
annoying, Herr
Referendarius, when a man can
do nothing for himself; I will show you how to do
it.” I returned with him into the judge’s
room. The case was one in which the husband wanted
a divorce and the wife not. The husband accused
her of adultery; the wife, tearful and declamatory,
asserted her innocence; and, despite all manner of
ill-treatment from the man, wanted to remain with him.
Praetorius, with his peculiar clicking lisp, thus addressed
the woman: “But, my good woman, don’t
be so stupid. What good will it do you?
When you get home, your husband will give you a jacketing
until you can stand no more. Come now, simply
say ‘yes,’ and then you will be quit of
the sot.” To which the wife, crying hysterically,
replied: “I am an honest woman! I
will not have that indignity put upon me! I don’t
want to be divorced!” After manifold retorts
and rejoinders in this tone, Praetorius turned to
me with the words: “As she will not listen
to reason, write as follows, Herr
Referendarius,”
and dictated to me some words which, owing to the
deep impression they made upon me, I remember to this
day. “Inasmuch as the attempt at reconciliation
has been made, and arguments drawn from the sphere
of religion and morality have proved fruitless, further
proceedings were taken as follows.” My
chief then rose and said, “Now, you see how it
is done, and in future leave me in peace about such
things.” I accompanied him to the door,
and went on with the case. The Divorce Court
stage of my career lasted, so far as I can remember,
from four to six weeks; a reconciliation case never
came before me again. There was a certain necessity
for the ordinance respecting proceedings in divorce
cases, to which Frederick William IV. was obliged to
confine himself after his attempts to introduce a
law for the substantial alteration of the Marriage
Law had foundered upon the opposition of the Council
of State. With regard to this matter it may be
mentioned that, as a result of this ordinance, the
Attorney-General was first introduced into those provinces
in which the old Prussian common law prevailed as
defensor matrimonii, and to prevent collusion
between the parties.
More inviting was the subsequent stage of petty cases,
where the untrained young jurist at least acquired
practice in listening to pleadings and examining witnesses,
but where more use was made of him as a drudge than
was met by the resulting benefit to his instruction.
The locality and the procedure partook somewhat of
the restless bustle of a railway manager’s work.
The space in which the leading Rath and the
three or four Auscultators sat with their backs
to the public was surrounded by a wooden screen, and
round about the four-cornered recess formed thereby
surged an ever-changing and more or less noisy mob
of parties to the suits.
My impression of institutions and persons was not
essentially modified when I had been transferred to
the Administration. In order to abbreviate the
detour to diplomacy, I applied to a Rhenish government,
that of Aachen, where the course could be gone through
in two years, whereas in the “old” provinces
at least three years were required.[29]