A charming three-reel comedy, in a lovely-to-look-at transfer, and very instructive on Ernst Lubitsch’s development as a filmmaker. Lubitsch was only twenty-five when he made this loose adaptation of Johann Strauss’s Die Fledermaus. Germany was still fighting WWI but now beginning to lose it; Lubitsch was still performing on-stage for Reinhardt in supporting parts but was also already a top-billed film star.

Cinema offered brighter prospects in directing as well. Lubitsch’s delight in the medium and its possibilities is everywhere evident in The Merry Jail/ Das Fidele Gefängnis: he puts the camera on the floor (fig. A), on balconies (fig. B), on the street (fig. C1 and C2), outside doors (fig. D) and experiments by filming that already filmed to get a frame within a frame to seem a reflection on a mirror (see fig. E). Lubitsch’s goal is to please and who can but delight at all this imagination and inventiveness mobilized to fulfill that one overarching purpose?

The Merry Jail is a farce on marriage, desire and social and sexual role-play; one that presages the later, more sophisticated comedies of manners such as The Marriage Circle (1924) and Trouble in Paradise (1932). The film begins with Alice von Reizentein (Kitty Dewall) asking her maid Mizi (Agda Neilson) to call her husband Alex (Harry Liedtke) to breakfast. They search high and low but can’t find him. She goes to call the police but, as she’s about to do so, the postman interrupts with a warrant of arrest for her husband due to disorderly behavior: he is to present himself to the jail at 8:00. Alex is in fact at home, still in white tie from the night before and still so hung-over he falls face first on the warrant.

Alice and Alec each get an invitation to the same ball: the wife via a letter from her sister reminding her ‘if anyone tries to kiss you, don’t giggle: it’s not chic’; the husband via a telegram from a friend promising that the party will be ‘colossal’. Lubitsch stages one of the mini fashion shows in a shop that are common in his films of this period (see also Shoe Salon Pinkus), this time inciting audience desires for the various delectable hats Alice can’t choose amongst.

At the shop, Alice is noticed by a stranger, Egon (Erich Schönfelder), who finds her so attractive he proceeds to importune her all the way home and into her very living room. ‘If you don’t go away, I’ll teach you a lesson you won’t forget’, she tells him on the way. ‘That’s what I want’ he says. This might seem creepy to modern eyes were it not for the lack of real threat, the gentleness of the innuendo, the fact that she always seems to have the upper-hand, and that the whole thing is played in a heightened humorous tone.

When the Police representative arrives to pick up her husband for his night in jail and catches them together, Alice asks Egon to ‘play’ her husband so as not to ruin her reputation. He agrees but not before kissing her several times; after all, he remarks delightedly, he’s got a right to; she’s his ‘wife’. In the meantime, Alex, unaware of any of this, decides to chuck jail for the ball. ‘My wife has no idea. That shows how stupid women are’, he tells his friend as they head off. But actually, one of the delights of Lubitsch’s films is in showing how smart women are; it will be the wife who teaches the husband a lesson or two at the end.

In the first act, Lubitsch sets up the situation for the comedy, which he will exploit to the maximum. He also puts into play some of the elements of farce: the physical comedy, the asides to the audience (in this case, visually rendered, with the characters sometimes performing directly to us), the paralleling of situations and their effects on people of different social stations (the maid also goes to the ball), the role-playing and mistaken identity, as well as a humorous reflection on sex roles. This is traditional farce with elements not dissimilar from, say, Shakespeare’s Comedy of Errors.

In The Merry Jail, the situation, the structuring of the basic story and its resolution are really no different than what one would expect on-stage. What is remarkable is how Lubitsch attempts to deploy all of these elements of farce into a visual medium so that editing, rhythm, camera set-ups and composition all contribute to the farce. For example, at the end of the first act when, the wife decides to go to the party, Mizi the maid jumps for joy saying ‘now the coast is clear’. She puts on one of her mistresses’ dresses and then what Lubitsch shows us is a shot of the husband going to the ball with friend in a car, then Egon, pretending to be the husband, going to jail in a carriage accompanied by the warden, then the wife alone in a car, and finally the maid, in evening dress, running after the streetcar and jumping onto it as a kind of visual punchline to the situation comedy and as a gag in itself. There’s a play on the rhyming of the shots in terms of content (two men, two men, one woman, one woman); a careful sequencing of forms of transport to maximize a gag; care taken with how type of shot and timing can incite laughter. The goal is first to delight; secondly, but just as important, to create a series of connections that will be pursued later, in this case that which happens at the ball and that which happens in the jail.

Maurice Chevalier sings about Mitzi in One Hour With You

Lubtisch has the greatest respect for a laugh and he’s not above stooping low (Countess Titti Tutti). There are lovely visual bits such as Mizi smoking and hiding her cigarette from her mistress; or her dancing on the table at the ball; or the way she orders three extra helpings of goose livers. In fact, Lubitsch must have a fondness for the very name because a generation later and in another country he’d have Maurice Chevalier sing a paean to her in One Hour With You (Ernst Lubitsch, George Cukor, USA, 1932): ‘Oh that Mitzi!’ (see clip above).

There are visual jokes such as the custom of kissing in Prince Zbrschowsky’s country and how each of the main characters is given a gag at the entrance (the best is again Mizi’s, who ends up kissing the hand of her escort), or how Alex only recognizes Mizi as his own maid when he steals a kiss (‘It IS Mizi!) or how he disparages marriage to his own wife (Are you married? Do I look that dumb?). Lubitsch even makes a joke out of the numbers of footmen who rush to get people’s coats. Comedy directors who don’t already study Lubitsch should: there’s a lot to learn from even the Lubitsch who was only twenty-five

The scene at the ball  is less accomplished than what he’d do later in The Oyster Princess but is nonetheless flowing, rhythmic, another musical sequence without music. The handling of the crowds in the sequence, overflowing with black and white Pierrots, the lounging around doorways and ogling: all are purposefully delightful. There’s even a guiding intelligence behind the editing so that Mizi’s final shot is  continuously cut onto scenes at the jail.

In the jail we get an articulation of themes Lubitsch would go on to develop for the rest of his career: the man with the heart stuck to his arse; or when Egon arrives in the jail, one of the downtrodden prisoners says ‘He seems to be a big shot. He probably is a con artist.’ Things are not what they seem, people are not who they say, appearances are important and attention should be paid, pleasure can ethics, and sex can be morality. The viewer, always assumed to have a great intelligence and a good though weary heart in Lubitsch, is trusted to make sense of what is not explicitly rendered.

More is made explicit in The Merry Jail, however, than would be the case in Lubitsch’s American films. The innuendo is much more varied and covers a lot more of the spectrum of desire in these early German films than in the later American ones. There’s the carnivalesque scene of couples dancing in the Second Act where you see that the men are really women in costume so that it is women dancing with each other; and of course there is also the to me quite fantastic sight of Emil Jannings as the homosexual jail guard Quabbe, first making a pass at Egon, and then kissing the jail warden and expressing his love for him. It’s played for laughs but there is also real feeling and sympathy. I was quite shocked and delighted to see such a representation, so worked through, in such an early film, and particularly one of Lubitsch’s: we will not see this in his American films.

At the end, there’s a general unmasking, an expression of homosexual love, a formation of a couple cutting across class lines with Egon and Mizi, the re-affirmation of the marriage of Alex and Alice through the recovery of the wedding ring, and finally a kiss and a restoration of order – but not before the wife turns the table on her husband and puts him in his place: a delightful three-reeler.

The Merry Jail appears in the Criterion DVD of Trouble in Paradise with a score recorded exclusively for the Criterion Collection in 2002 by Aljoscha Zinmerman.

José Arroyo