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

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in s. I entered d the count's bedroom.
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several papers on the chair near the bed. ' oiiif' p'
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them there wa3 a small seat, with the fuser
..-
" Committee of the Grand Duchy of Posen.
the same room there was a linen bag, in whichN 3. S
was a larger soul. Besides this there was a printed
document in the bag, with the names only filled up.
In the left hand corner of the document there was
something like "National Government" in thick
letters, and refer ring 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 found a tin chest, with a
die stamper, and red paint. On the chair there
were several papers which I did not look through,
but which I see Jed up. Besides these I found a
siver medal of the Virgiu, and a quantity of open
letters, which I packed up. Count Dzialynski was
present during the search. In the second room I
found a writing table, on which there were papers,
which I took, as also a peeket-book containing
several notices. Go' unt Dziaiynski was present in
the room. On the right of the writing-tabie there
was a large bed, which was not used, and on it
there were several poweer-horns. In the third
room there were no more papers, only arms, re-
volvers, muskets, percussion caps, &c. After all
these things had been placed under seal the count
was asked for something to put thepapers in. He
then ordered a servant to bring a travelling chest,
in which the papers were laid. The chest was sealed
up with the seal of the police and that of Count
Lkialynski. I gave him the key, with a request
that he would present himself at the police-office in
halfean: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 had not appeared. The
majority of the papers were then still in the chest.
Cross-examined by Holthoff—When I again
entered the office some of the packets had been
opened.

Herr Janecki (for the defence) reqa Bated the
president to place the pocketbook in they hands of
an official, and communicate his name to the de-

fence.

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 imme.
diately produced by the count, he was dismissed.
The next witness was Charles Valentine Juttner,
from Posen, aged 26, assistant to the police regis.
tration.

Herr Janecki had to make a statement which
would effect 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 interrol
gated on the subject.
After some discussion, the prosecution strongly
protesting against the proposal of the defence,
The President said to the witness—Do you
answer this question ?
Witness—l cannot answer it.
The President—Why not ?
Witness (in confusion)—l will not answer it.
Herr Janecki—l beg to refer to the evidence of
Police-councillor Niedersteter, in whose presence
the witness wrote one of the names in question.
Herr Adelang—lt is said these documents were
forged by the police authorities in Posen. 1 can-
not inquire into this matter, bat I will discuss the
view that the police authorities have been guilty of
a grave offence. It is known that there is a reveille,
tionary league in the country which had for its ob-
ject the restoration of the former kingdom of Poland
as a republic. A crime cgainq Prussia was, there.
fore, contemplated abroad. If the police, acting
under superior instructions, have taken measures
to prevent this crime which are, perhaps, not quite
defensible when regarded from a strictly moral
point of view, it cannot be said that they have failed
in their duty. The police have diff2rent functions
from those 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 (sit:
glucklicher 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 cons
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 prosecu.
tore, Sec., 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 prod
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, Baereneprung declaring
to the court he knew nothing about the matter.
Such are the proceedings termed by the defence
in egalarities.
Herr Mittelstadt said this was the same charge
as had been brought by Herr von Niejolewski in the
Lower House in IS6O. 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 the 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 offi-
cials in question beyond a doubt. As for the official
inquiry, it was held upon Niederstter alone, who
had accepted the whole responsibility:
The President here stopped the discussion, oba
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
preceding ; after which Edmund von Baerensprung,
of the
was
eaPs Posen police, was called.
glad
01the
Opp
ortunity
of giving the right colour to facts which had brought
great discredit upon him. In 1858 he received from
his superiors in office a printed document of the
egad
dhe 48,
iPtnwreeßsisdseanitd b
London Revolutionary Society, with instructions to
discover the nature and objects of the society, and
whether anything was to be feared for Posen from
its machinations. He —8 obeyed these instructions,
and an emissary, I‘lajewski, having been sent to
Posen by the society he was arrested and imprisoned.
'fhe document in question exhorted the Poles to
throw off the yoke cf Russia.
The President—lt is known that letters were
written by your direction to the Revolutionary
Society in London, in order to enter into closer re•
lesions 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 against his credibility in the
present matter. Toe sitting W3B than closed.