The Express.
London, England, 1849-12-05 00:00:00

THE TRIAL OF WALDECK.

The Cologne Gaulle of the 2nd inst. publishes an
account of the proceedings on the third day of this
trial. We extract the following from it.
The proceedings commenced at half pest nine.
Several witnesses for the defence were examined to peeve
the connection of Goedsche with Ohm. One of these whole=
said that he had known Ohm under a different memo
and hid been in the habit of carrying letters to him from
Goodwin, in whose employment witness was. The same
witness confirmed Ohm's a &taunt of his being the author
of the notorious " llnthullungen." Another witness, the
publisher of the lithograph of D'Ester, beneath which ap-
pears a fie simile of his hunt writing. gave evident* to the
effect that the lithograph was only a partially correct imita-
tion of the handwriting. 'I he remaining portion of the sit-
ting was consumed by hearing the evidence of the parties
appointed to examine and compare the handwriting of the
letter in question, with other authentic papers in the
handwriting of D'Ester. From their report and testimony
it appeared that the handwriting
.of the letter in question
was in some resptets similar, but in others totally different,
to the authenticated handwriting, and further that Ohm's
handwriting exhibited some of loity to that of the letter. It
wee further proved that the handwriting of the letter was
wry similar to that of the lithographic facsimile.
[ previous to the adjournment of the court for • short time
the Steam An welt communicated the result of the application
made by the Ober Staata Minh to the Superior Privy Tri-
banal of iambic with respect to the decision of the court at the
first day's sitting, that the de; artment of public prosecutions
could not be doubly represented at the trial. The Superior
Court decided that the " Ober Stoats Anwalt " was justified
in appearing before the court as public prosecutor in con-
juac4on with his learned inferior.
The President said that when the court resumed he would
communicate its decision in the matter. I
When the court had resumed, the President announced
that the decision of the Superior Court could only be ad-
mitted en the present occasion.
Several witnesses were then called and examined to dis-
prove the statement mule by Ohm respecting the meetings
which be affirmed had taken place at various cafés. These
witneuee all denied any knowledge of such m. stings. The
landlords of the different houses in which D'Ester lived at
various times denied all knowledge of Waldeckle person, or
that he had ern, visited D'Ester. This wet confirmed by
the production, to the great astonishment of all present, of
a public declaration, made by D'Ester before the authorities
of the Canton Aargau, in which he denies that he ever was
intimately acquainted with Ohm. He had become acquainted
with Ohm in searching for lodgings; in which search the
accused, Ohm, had intruded his assistance ; and his conduct
hal been so suspicious that he (D'Ester) had regarded it as
a mut solemn duty to preserve the utmost caution in all his
conversation with bin ' • and he finally declared that he had
never written a ',ogle letter to Ohm. The porter of the
house in which Waldeck lived denied ever having seen
Ohm there.
Thetesiimony of the witnesses examined respecting the
event of the so-called Major's right, the consultation at the
Café Baviere on the night of the 11th Nov., when the dissolu-
tion of the national guard was ordered, in no wise tended to
inculpate Waldeck. Their evidence proved that Waldeck
bed spoken with the greatest possible caution and care on that
occadoc, and that he had only used expressions similar to
" every one should know what he ought se do."
At this point of the proceedings the sitting of the court was
ad:oar:led until the fallowing day. The examination of the
witnesses will then be concluded.
Our Berlin correspondent sends us the following
account of the fourth day's proceedings in this trial :
The examination of the witnesses was brought to a close
to-day (Dee. 1). The ease grows mere favourable to Wal-
deck as it proceeds, and his acensen are gradually entang-
ling themselves in the meshes of the det which they wove
foe his distraction. The proceedings were very interesting

•
to-day. The authenticity of a letter said to be from D'Ester,
and which was also found upon Ohm, and which referred
to a debt owing by D'Ester to a wine merchant, was entirely
destroyed by the wine merchant in question declaring that
D'Ester bad wrier been in his debt.
Another witness testified that he met Waldeck on the day
of his arrest at one of the gates of the town, and at the par-
ticular hour at which Ohm declared he had met and spoken
to him at a totally different spot. The servants of Waldeck
also gave evidence to the effect that they bad never once
seen Ohm at the house of their master. In the cross exami-
nation whieh was then instituted by the !Beats Anwslt and
Waldeck's mantel, Ohm entangled himself is such glaring
centred Mims, that his statement of having visited Waldeck
many times wee reduced to one single visit, and finally he
was so driven into a corner, that he declared it was impos-
sible for him to r, member every thing that had taken place
seven months ago.
The witnesses whoee evidence was then taken were all
former parliamentary colleagues of Waldeck. They, one and
all, declared that Waldeck had never spoken of a republic
even in the private meetings of the party to which he belonged,
and that he had always spoken of the democratic monarchy
as their object, and the psrlisment as the arena in which the
struggle wee to be made. His fellow-travellers on the journey
to Dresden all agreed that the journey was simply one of
pleasure, and that it was by a mere accident they had made
the aequitintance of B,kunin, in a hotel in Dresden. Herr
von Unruh specially testified that, in November
of the put y.ar, Waldeck was opposed to an armed
conflict. Another deputy of the former Provian Nati mal
Assembly swore that the witting Goedsche triea to bribe him
to vote with the Right party in the Chamber, by premising
him three dollars (or every minor occasion, and forty dollars
for every imp- rtant occasion. Ooedsehe was able to give
only a most stupid explanation to this positive testimoey of
the witness.
A really touching teens then ensued. An old friend of
Waldeck's, an advocate of the Superior Court, was called to
give evidence of the character of the accused. The witness
spoke in the most expressive manner of the moral pad'', and
dignity of his friend, and the sympathy which the witness
seemed to feel for the sorry position of the accused had so
treat an effect upon him, that for some time he was quite
incapable of proceeding with his evidence. He concluded
his evidcnce with these words "It is enough to make one
question the justice of the Eternal, to see such a men placed
at the bar of a criminal court."

I shall only notice one or two o the numerous witnesses
who wt re then examined. A friend of Ohm, called by him
as a whims to his own character, declared that he always
considered Ohm to be a great boast r; that Ohm had only
been casually acquainted with D'Ester, and that he (witness)
had never once seen him speaking to Waldeck. A book-
seller proved :that on the day on which Waldeck was ar
rested, °Gerlach° came into his chop and demanded a por-
trait of Waldeck, containing a fac-simile of his handwriting,
that he handed him one, that while looking for some other, he
perceived that Goedsche bad ;carried it to the window, aed
was comparing the fac-simile with some writing on a piece of
pap, r, which he hastily plead in an enveltpe as the witness
approached.
The evidence given by the daughter of the landlord of the
house in which Ohm lived was most important. She swore
that she her►elf gave to Ohm the seal with which the letters,
said to be from D'Ester were sealed, and that Ohm had ex-
pressly asked for a seal without any particular marks upon it.
The Staats-Anwalt and Waldeck's counsel both declined
to call any other witnesses. On Monday the case will be
summed up, and it is expected that the jury will immediately
pronounce their verdict.