The Sun.
London, England, 1864-08-05 00:00:00

legs. I entered the count's bedroom. I found
several papers en the chair near the bed. Under
them there was a email seal, with the insarintion,
" Committee of the Grand Duchy of Posen." In
the same room there was a linen bag, in which
was a larger seal. Besides this there was a printed
document in the bag, with the names only tilled En.
In the left hand corner of the document there was
something like "National Government" in thick
letters, and retaking to Alex. Guthy. In another
bag I found a third seal, with the inscription—
" Commissariat of the Grand Duchy of Posen." In
another cupboard was foiled a tin chest, with a
die stamper, and red paint. On the chair there
were several papers which I did not leek through,
but which I sealed up. Besides these I found a
siver menial of the Virgin, and a quantity of open
letters, which I packed up. Count Dzialvnski was
present during the search. In tee second room I
found a writing table, on which there were papers,
which I took, as also a pec!,.:et-boole containing
several noticts. Count Dzielynski was prese-at in
the room. 03. the right or the writing—tabe there
was a large brd, which was not used, and oh it
there were several powder-horns. In tire third
room there were no more papere, only arms, re-
volvers, muskets, percussion caps, &e. After r.ll
these things had been placed under seal the court
was caked for something to put thepapers in. He
then ordered a servant to bring a travelling
in which the papers were laid. The chest was sealed
up with the seal of the pollen and that of Count
Lzialynski. I gave him the key, with a request
that he Would present himself tit the police-office in
half-an-hour, where the chest Was to be opened. I
took the chest to Herr von Baerensprung, and told
him the Count would come in half an hour. I then,
being exhausted, obtained leave for a short time,
and when I returned to the office the chest had
been opened, and the count bad not appeared. The
majority of the napebrys wHeorieththnzert
ei:n t hle ch.
Packets had been
entered.op Cenreedsstehxea officeiaed some of the

Herr Janechi (for the defence) requested the
president to place the pocketbook in the hands of
the de-
an official, and communicate his name to

ence.

The president agreed, and after the witness had
stated that he knew the handwriting of Count
Dzialynski, from having been present at a revision
in his mother's house, and that nearly all the papers
were not locked up, and those that were immem
diately produced by the count, he was dismissed..
The next witness was Charles Valentine Juttn er,
from Posen, aged 2G, assistant to the police rezis.
tration.

Herr Janecki had to make a statement which
would affect the credibility of this witness. The
defence asserted that in 1858 a sham conspiracy
had been got up by the police in Posen, and a cor-
respondence had consequently taken place between
the president of police in Posen and the revolu-
tionary committee in London. The president of
police had ordered a letter to be written to the
committee, which had the signatures of various
citizens of Posen. These signatures the defence
declares to be forgeries, and it also asserts that the
witness took part in these acts of forgery, and him-
self forged one of the signatures to the letter. He
therefore requests that the witness may be interro,
gated on the subject.
After some discussion, the prosecution strongly
protesting against the proposal of the defence,
The President said to the witness—D3 you.
answer this question ?
Witness—l cannot answer it.
The President—Why not ?

Witness (in confusion)—l will not atsvver
Herr Janecki—l beg to refer to the evidence of
Police-councillor Niodersteter, in whose presence
the witness wrote one of the names in question.
Here Adelung—lt is said these documents wore
forged by the police authorities in Posen. I can-
not inquire into this matter, but I will discuss the
view that the police authorities have been guilty of
a grave offence. It is known that there is a reTolu.,
tiouary league iu the country which had for itFA ob-
ject the restoration of the fortr.ev king -I.ora. of Poland
as a republic. A crime,pgainA Prussia wP.e, there.
fore, contemplated If. acting

under superior inst:uctionE, have tß.ltcn raeq.surc-s
io prevent this crime which are, perhaps, not quite
defensible when regarded from a strictly moral
point of view, it cannot he 8:..14 that they have ftiilecl
in their duty. The poUce have different functions
from these of other officials. Their business is to
discover offenders; and if through the above corre-
spondence any one was brought to punishment, it
can only be said that this was a lucky hit (ein
glacklicher schritt) on the part of the police. The
police cannot be so nice (wahlerisch) in the mea•
sures they take ; they must meet crime with cue•
ning (schlanheit). I submit that this affair should
be thus regarded, and a different judgment will
then be arrived at in the conduct on this occasion of
the police authorities in Posen,

Herr Elven thought this a proper opportunity for
describing the real facts of the affair. In 1858 a
clique of socialists in London sent an address to
Posen, which fell into the hands of the Posen police.
The Posen authorities determined to publish this
proclamation by printing it. This was done in the
most deceptive way; hundreds of copies were sent
to the authorities, landraths, government prosecn.
tore, &c., in Posen, and also to various patriotic
Poles in the province. The appeal was, how-
ever, so absurd that no sensible man responded
to it. Failing in this, the President of Police, von
Baerensprung, assisted by Police-councillor Nieder.
stetter, and Post the translator, drew up an address,
the signatures to which were forged—or copied
(nachgenzacht), according to the prosecution—by the
witness Kettner and others, requesting the London
committee to send emissaries to Posen, as that pre,
vince would make a good focus for the conspiracy.
The committee 'sent Majewski, but no one would
listen to him, and at last he was arrested, tried for
an attempt to commit high treason, and sentenced
to two years imprisonment, Baerensprung declaring
to the court he knew nothing about the matter.
Such are the proceedings termed by the defence
ir) egularities.

Herr Mittelatadt said this was the same charge
as had been brought by Herr von Niejolewski in the
Lower House in 1860. Count Schwerin, the Minis•
ter of the Interior, declared on that occasion that
the Government could not acknowledge the truth
of these charges, and that the matter was one for
the consideration of a judicial tribunal. An official
inquiry took place, and none of the persons crimi-
nated were punished ; it is not therefore competent
for the present tribunal to revive the question, or to
admit that the credibility of th© witnesses is there.
by shaken.
Herr Elven said that he was now in possession of
evidence which was not produced in the Lower
House, and which proved the culpability of the et&
cials in question beyond a doubt. As for the official
inquiry, it was held upon Niederstter alone, wieci
had accepted the whole responsibility.
The President here stopped the discussion, ob.
serving that the facts above related were contained
in the documents before the court.
The next witness was Police councillor Robert
Rose, whose evidence was similar to that of the two
t
agedp
reced4iBn,gpr;
easfitdeern of the Posen police, was called.which Edmund von aerensprung,
The witness said he was glad of the opportunity
of giving the right colour to facts which had brought
great discredit upon him. In 185 S he received from
his superiors in office a printed document of the
Revolutionary Society, with instructions to
and objects of the society, and
whether London
discover
anythingthe
nature
wa
to be feared for Posen from
its machinations.
71‘1-I;.4o:leir having been sent tod these instructions,
and en emissary,
POEM by the society 'ee was arrested and irnerisoned.
The document
question exhorted the Pules to
throw off the yoke of Russia.
The President—lt is known that letters were
wri?terl by your direction to the Revolutionary
Seciety in London, in order to enter into closer re.
lations with it.
The Witness—l consider that lam not obliged
to speak of the means I adopted to get information;
my official duties forbid it.
The President—You will say nothing on this
point ?
The Witness—l consider lam not obliged to
answer.
The witness then gave evidence respecting the
revision in the house of Count Dzialynski, and after
a sharp cross-examination, in which the witness
refused to answer most of the questions put to him,
the court decided that his past conduct was not to
be received as evidence ogainat his credibility in the
present matter. Tee sitting was then clued.