The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1878-07-13 00:00:00

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THE ANGLO-RUSSIAN AGREEMENT.

In London,on Tntsday, Charles Ilarvin,aged 25, described as
a writer in the Foreign Office, sin-rendered to his hail, before
Mr. Vaughan, at the Bow-street Pollee-court, on a charge of
hAving committed a breach of trust in copying, appropriat-
ing, and wilfully stealing a secret document, purporting to
be a convention between the Governments of England and
Russia, contrary to the provisions of the Larceny Act, 24th
and 25th Victoria, chapter, 98, section 30.

Mr. Poland, instructed by Mr. A. K. Stephenson. con-
ducted the prosecution for the Treasury: Mr. George Lewis,
Jun., again attended for the defendant.
The cis() was not taken till a late hour, and the court was
excessively crowded.—We take the following account of the
proceedings from The Times of Wednesday :
Mr. Poland said there were four gentlemen in attendance
from the Globe office, whom he intended to examine as wit-
nesses ; but as it had been represented to him that they
could not all remain at the same time without great incon-
venience to their businesq, he proposed only to call two of
them—Mr. Madge, and Mr. Massey—on that occasion.
The evidence of Mr. G. E. March, which was not com-
pleted at the first examination, was now read over by Mr.
Alexander. the chief clerk, and was as follows :

"I hold the office of superintendent of the Treaty De-
partment in Her Majesty's Foreign Office. The prisoner
was a writer in the Civil Service, and has been employed
in the Foreign Office about a year. It was his duty to
copy documents in Room No. 3, which is next to mine.
Mr. Irving, assistant of the Treaty Department, and Mr.
31'Carthy, a clerk, sat in the same room. In May last Mr.
3l'Carthy was absent on leave. The prisoner in a person
of good education, and his usual hours were from twelve to
six or seven. On the 29th of May (a Wednesday) two docu-
ments were brought into the department to be copied. They
were brought in by Mr. Currie, the private seeretary of
Lord Salisbury. One was a print, wish manuscript to be
added. It was a Projet de Memorandum. I insPrted the
MS. in the print of one copy. 'there were two copies to be
made—one to be sent to the Russian Ambassador, and the
other to be given to the printer, in order to supply copies
for the use of the Cabinet. Mr. Irving and I made the two
copies. There is a confidential printer in the Foreign
Otte. The two copies were given to Mr. Currie, and he
disposed of them. The draft which was partly in print
and partly in M.S. I locked up in my box. Mr. Currie is
now at Berlin. On the next day (May 30) I saw the
printed copy of the Memorandum headed 'Printed for
use of the Cabinet, May 30 (Confidential).' There were no
signatures to it. It was an exact copy of the document
brought to the office by Mr. Currie on the previous day.
I was desired to make two copies of the printed document,
and also of the other. The prisoner was at the office about
3 o'clock that afternoon, and he assisted in copying the
second Memorandum in the next room to mine, Mr. Irving
being with him. I was engaged in my own room copying the
Projet. About six o'clock a copy of Memorandum No. 2 was
handed to the prisoner, as more copies were wanted in a
hurry I had completed my copy about half-past six. Mr.
Irving was rather later. We compared the two copies with
the printed Projet, which took us about a quarter of an hour
or twenty minutes to complete. The prisoner finished his
two copies about the same time as Mr. Irving, who, to the
best of my recollection, brought them in. In my copy an
alteration was made, the word susmentionnd ' being
struck out, and the article 'le' before Memorandum was
changed into 'ce.' No other change was made. I had a
conversation with Mr. Irving about the alteration. It is
the custom to have public documents written and
signed in manuscript, and not in print. It is a
well-known custom at the Foreign Office. I took
the copies, when finished, to Mr. Currh. I do not
know what became of the printed Memorandum No. 2 which
the prisoner copied from. I gave the copies to Mr. Currie
about seven o'clock or a little before. The prisoner left the
office between seven and half-past *even. The extra special
edition of the Globe newspaper of Thursday, May 30, now
produced, contains the article headed Globe Office, 9p m.
—The Congress Decided Upon—Terms of the Agreement
between England and Russia.' There is an introductory
Paragraph and ten numbered paragraphs. I have read the
ten paragraphs carefully. They give a summary of the two
documents—viz , the Projet de Memorandum and Memo-
randum No. 2. There is some matter in the paraeraphs which
could only have been supplied by some person who had Ac-
cess to Memorandum No. 2. I produce a copy of the Globe
of May 31, reproducing the paragraphs, and also one of
June 14 (fifth edition), containing the article headed,
'Full Text of the Anglo-Russian Agreement.' After an in-
troductory paragraph it gives a substantial translation of the
Project de Memorandum, the names of Schouvaloff ' and
' Salisbury ' being printed at the end. Then follow the
terms of the document in original French,' being apparently
a reproduction of what I copied on the 30th of May, includ-
ing the alterations I have before referred to. In the third
paragraph of No. 5 in the Globe the concluding words are
Bulgare bidridionale ' instead of Province Ileridionale.'
The original documents which were afterwards signed con-
tain some alterations which do not appear in the Globe. I
have the only two printed copies left with us of the copies of
the Projet de Memorandum printed for the Cabinet."

Cross-examined by Mr. Lewis: The prisoner was not put
under any declaration of secrecy. He was allowed to
follow any occupation he might cnoose after office hours.
lie was not told to forget after leaving all that he had
seen or heard in the office. He was paid, I believe, 10d an
hour. There was more than one print of No. 2. I have
two copies in my possession. I believe there were three
copies. None of them were initialed either by Mr. Irving
or myself. I will not undertake to say that the prisoner
did not give me back his copy, or that I have not got it in
my possession. I will not undertake to swear that the
prisoner did not finish his two copies of No. 2 while Mr.
Irving was doing one. I did not compare the copies of
the Pp-jet with the prisoner against the printed one. He
was not in my room when the examination was made. I
cannot say with whom I read the prisoner's copies—whether
the prisoner, Mr. Irving, or Mr Currie. It was done in great
haste. The print that I received from the prisoner I locked
up in my treaty box—the proper place. I saw nothing in
the prisoner's conduct to arouse suspicion. He had the
opportunity of acquiring all the information in Nos. 1
and 2 copies while the copies were in the office. He was
not forbidden to employ his leisure in connexion with the
Press.

Re-examined: The obligation to privacy was understood,
If not stipulated, in the office. The copy of the Projet made
for Great Britain would have the signature of Lord Salisbury
put first, and that for Russia would be signed first by Count
Schouvaloff.
Mr. Albert Massey, examined by Mr. Poland: I am sub-
editor of the Globe newspaper, and have been so for about
twelve years. I know the defendant Charles Marvin. I
have knnwn him personally about six or nine months,
but much longer by name as a contributor to the
paper —probably about four years. I know his ad-
dress is 37, Burrage - road, Plumstead, but I have
never been there. I knew him as a contributor of
news, A few weeks ago I heard for the first time that
he was employed in the Foreign Office. I heard of it inci-
dentally, and I cannot fix the exact date of its coming to
my knowledge. He was in the habit of writing Russian
translations for the Globe newspaper—translations from
Russian newspapers. Ile did not do that in the office. His
contributions were generally sent by post, and he wrote
articles on Afghanistan and on Eastern topics—not leading
articles, but containing news and comment. The copy of a
letter produced, dated June 26, apologising for not being
able to send his copy that evening, was received by me from
Marvin. I reside at Brompton, and went home about 7.30.
On Thursday evening, May 30, I was sent for afterwards by
a messentrer, and got back at 9. The extra special edition
of the Globe had not then been issued, although it had left
the prireter's hands. I saw the defendant in the publisher's
room. Mr. Madge was in the counting-house adjoining.
Captain Armstrong, the proprietor of the Globe, was not
there. I saw the MS. of the Mc morandurn. It is some-
times the practice to keep MS. I have never had the charge
of this one.

Mr. Lewis said he had suggested that another witness
should be called on this point, to save time.
Witness: As a rule, the ordinary MSS. are packed up and
put away, but in a special case like this the MS. would be
returned to the person responsible for the time being. It
is not the practice to initial a MS. before using it. Mr.
Madge would be responsible for the possession of the MS. of
the Memorandum. I did not see a copy of the extra special
edition then.

Mr. Poland: Did you see the draft or copy of the article
headed "The Congress Decided Upon—Terms of Agreement
between England and Russia," and containing the ten points
of agreement?

Witness.—No, I was not consulted abeut the publication
of the Memorandum, I arrived too late. The thing was
done as far as the editorial department was concerned.
When I saw defendant with Mr. Madge in the publisher's
room, I believe Mr. Madge (the manager and publisher) had
been spoken to by Mr. Marvin. (Mr. Lewis objected to this
conveisation ) lam not quite certain whether Mr. Madge
was in the publisher's room or the one adjoining, opening
into it. I learnt from them that this informatiod had
been brought by Mr. Marvin, who had written it down in the
office, anti the publish3r, before accepting it, had obtained
the authority of the editor for so doing. I immediately left
the office, having no further responsibility iu the
matter. Mr. Armstrong is the editor. I read a rough
proof of the article, and made some comment upon its ad-
mirable arrangement, or something uf that kind. I was
ttiere only a few minutes, and leit there about 9 o'cLick. I
do not know if the defendant was paid, or wilt he mas paid,
far the contribution. The manager or cashier would know,
or his assistant, Mr. Fussell. I saw the defendant again two
or three days afterwards at the Globe office. Ile had been
summoned by letter, and he came in answer to it. On the
14th of June I was at the office. [had seen him probably
two or three times between the 30th of May and the 14th of
June, when the lull text of the agreement was published. I
had conversed with him on the subj,ct. I said that Lord
ealisbury had cast discredit in the House of Lords upon the
summary which was published on the 30th of May, and the
editor had consequently summoned the defendant for the pur-
pose of interrogating him as to the truth of the news which he
had supplied. I cannot say what he said, except that he af-
firmed the accuracy of his statement. I sent him almost im-
mediately to the editor on his arrival, so that very little
passed between us. When he returned from the editor
he said the news was perfectly true, as he had seen the
documents, having had them to copy. He did not say at
the Fareign Office, but that was understood. He called on
the 13th of June, and said he had some important iutelli-
gepce, and he laid it on the table. It was in French. I
found it was the full document of the Projet & Meriwran-
dum, or purported to be the full next. I glanced at it
hurriedly, and I said, " This is a matter which I cannot
decide upon my own responsibility. You had better take
it away and bring it again in the morning, and I will con-
sult the editor upon the subject of its ac.oeptanoe or not.
He said he would do so, and in the meantime leave the
translation. •He did not say where he had got it from. I
did not ask him. It was written on ordinary blue paper,
sued as he generally used (although larger instead of quarto)
to me e
bllraiketo th
call the n
and I could not say how many pages there were. It looked
119 texte
xt itt
mwoaraninikir anabodutl
sevewonuld
olleotcleh.iml
iitiOW. I consulted meanwhile with Captain Armstrong,
and the next morning, about tea o'clock, the defendants re-
turned to the ottice with manuscrp the i t and tran•lation- I
told him the editor had decided to 1 aeckt4 and I banded
the documents to the printer. No oonvere d b
at on passe •-
tween its as to where it had been °tit dned. The first
edition of the Globe is puieished usually at about one o'clock.
Die document appeared in all the edillaus published that
day. The preliminary paragraph to the effect that there
was no loug m
er any raison for withholding the ilifora'-ion,
as the Congress had assembled, was partly written by
me from instructions received. The manuscript copy
was destroyed. All manuscript which it is not de.