The Sun.
London, England, 1864-12-10 00:00:00

The Great Polish Trial at Berlin,

This monster trial, which has continued nearly
five months, was closed on the 2d instant. 127 of
the accused were actually tried by the Court, 11
had gone abroad, and 11 others were absent on ac-
count of illness, or from other causes. The Crown
Prosecutor has moved that those who went abroad
should be sentenced to death par contumace, and
the others wha were absent be given a new trial.
Of the 127 who were tried, the prosecution has
proposed that four—Messrs, Kosinski, Niegolewski,
ltostej ao, and Callier—should be sentenced to death,
three to 15 years' imprisonment, 22 to 10 years, one
to eight years, and 33 to six years. The remaining
62 are recommended for liberation. The President
of the Court has fixed the 23d instant for the pub-
lication of the sentences, adding, however, that thc.
Court will p?rhaps: not be able to complete the
heavy task before it by that day. The following is
an account of seine of the more remarkable inci-
dents of the trial since our last report
After the speech of 1),.. Niegolewski's counsel, on
the motion of the prosecution that sentence of death
be passed upon him, the well-known Polish mem-
ber of the Prussian Chamber made some striking
' remarks on the position of the Poles under Prus-
sian rule. He said that, although they were Prus-
sian subjects, they had the guaranteed right of
being Poles, and regarding themselves as mem-
bers of the whole Polish nation.; and that
they had therefore not ceased to be Poles—not
baing so dead to all sense of honour:and dignity
88 to renounce their nationality. The prosecu-
tion had. stated that neither the peasants nor the
higher nobility had favoured the insurrection.
This statement was incorrect. The peasants did
take part in the insurrection, and if they did no:
take part in it such numbers as they would have
done had there been sufficient arms, that was not
their fault. As regards the highest nobility of
Posen, ;it should not be forgotten that the Polish
nobility cannot be compared with any other, It had
its own historical mission, and if there is any nobi-
lity to which may be applied the words of Sallust
—" Fortibus ectibus atque bona faux neque divitis
neque superb a, nobilis ignobilem proalbat," it
was the Polish nobility of sit grades, from the
highest to the lowest. The Polish nobility did not
regard the defence of its privileges as its mis.
sion. It had always shown a disposition to sacri-
fice itself for its country, and had always
taken active part in the development of freedom
and education. Is a noble to be a representative
of reaction and of obscurantism because he is of
noble blood ? The Polish nobility rejected such a
principle ; it did not base its fame on its ancient
lineage, but on its own merits. He fa ould quote
as examples of true Polish nobility two great fami-
lies of Posen, distinguished for their efforts in the
cause of education—the Dzialynskis and the
Riezynskis. And yet these were the very men
who were the most violently attacked by the pre-
scution. The truth was that every man in the
Duchy of Posen helped the insurrection against
Russia to the best of his ability, and the wealthiest
and most influential, therefore, did the most.
Another important speech was that of Herr Elven,
regarding the so-called military and civil commis-
sioners of the Posen Committee, whom the prosecu-
tion had recommended to be sentenced to imprison.
went. He observed that if the system of the
prosecution was •to be followed, 93 of the accused
ought to lose their heads. The tribunal must deliver
a just sentence, and therefore it cannot make auy
distinction between Messrs Kosinski, Niegolewski,
and ltustajko, and the rest of the accused. If both
the members of the committee, and its commis-
sioners, knowingly acted with a hostile intent
towards Prussia, they should all equally be con.
demned ; those who did not so act should be declared
innocent. Which was the more guilty, he who
conceived the treason, or he who knowingly exe-
cuted it P

On the 231 ult. M. KoEzutski, one of the accused,
made a statement which will probably have a great
influence on the ultimate decision of the court. The
Crown prosecutor had founded his motion, that sen-
tence of death should be passed on the alleged mem•
bers of the Posen Committee, chiefly on a passage in
an address from that committee, in which it is stated
that the committee " bad its rise" in the National
Government at Warsaw. M. Koszatski proved that
this passage, which is in the cfficial translation of
the address, is a misrepresentation of the original.
His statement was confirmed by the Polish trans■
lator appointed by the Court.
At the conclusion of the trial, M. Mittlestadt,
the counsel for the prosecution, said that,
while fully believing that the counsel for the
defence were convinced of the innocence of their
clients, he and the Crown Prosecutor saw no
reason for departing from the charges they had
made against the accused from the beginning. High
treason consists not only in actions, but in thought
and intention.

Herr Lewald reminded the Court what were the
hopes and fears of the defence when the trial com-
menced, and what were their expectations now.
They could only expect from the nature of the ac-
cusation that the prosecution would make 102
motions recommending sentence of death to be
passed, and support them by showing what dangers
had threatened the Prussian monarchy. Yet of
the 128 persons tried, the prosecution had pro-
posed the liberation of 63, and the execution of
four only. These proposals for the liberation of the
accused were hardly less painful than those recom-
mending the punishment of death. Under what
a system did they live, if there was so little security
for individual freedom ? Sixty-three persons had
been confined in prison for upwards of a year, and
now the prosecution itself recommended their
liberation ! He regarded this fact as ominous of
danger to all Prussians, and in the whole course of
the trial he could not refrain from thinking of the
old principle, " res tua agitur." He concluded as
follows :—" We have now for six months been to-
gether with men of a different nationality from
that of the majority of the counsel who defended
them. It may be that this entire devotion on
our part to their interests will help to bring to-
gether the two nationalities. The fault of what
has here been disclosed does not entirely belong to
the authorities and the police—intra 7nuros pee-
cation est et extra. But it is a larger question—
whether the whole body of each nationality will in
future be more friendly to the other. One thin g
I will venture to say in the name of my fellow
counsel. We have taken a sincere liking for the
accused who are here present. Many of them
men of lofty mind and feeling, we shall never
forget, and I trust they will remain our friends.
Gentlemen of the Court, I believe you will draw
from this an opinion opposed to that advo-
cated by the prosecution. We are, all but two,
Prussian Germans. We would, no doubt,
under any circumstances do our duty; but we could
never have defended these men with such deep and
ardent feeling had we felt the shadow of a suspicion
that they had designed to attack our country. Yes,
gentlemen, we believe—we are convinced—that in
this case not one of the accused thought of any hos-
tile design towards Prussia; and in this belief, based
on the strongest conviction, I bring before you, in
the name of my fellow-counsel, the re quest—or
rather the hope and strong expectation—that you
will liberate all the accused, there paying the debt
of justice. Otherwise you cannot do."

THE CAFfOR OF THE FLORIDA.—It seems that
Captain Collins, of the Wachusetts, has before per.
formed a similar exploit of making a capture in neutral
waters. This occurred on the 21st of December, 1862, while
in command of the Octorora, when he seized the British
schooner Mont Blanc, a small craft of nine tons, while she
was lying at anchor within a mile of Bahama Banks, and
took her to Key West. The Prize Court at that place soon
released her on the ground that she was clearly within
British waters at the time of capture. Lord Lyons brought
the matter to the attention of the Government, and, after a
full examination, Mr Sward ackmwledged the error of
Captain Collins, fidrnitted the right of the owner of the
schooner to damages, and stated that Captain Collins ',A-111d
be notified that he had incurred the disapprobation of the
President.—Tat tiara' Ali gus.

VALE OF NEATH RAILWAY.—The uegotiations
which have for some time past been pending between the
directors of the Great Western and Vale of Neath Com-
panies have terminated in an arrangement that the Vale of
Neath Company are to receive 5.C625 parts of 100 of the
net earnings of the united corapaies, with a fined
mum of £Bl,OOO 4er annum,

TH IHD EDITION.

SUN OFFICE, SIX O'CLOCK.

AMERICA.

LREIJITICS TELEGRAM. j
NEW YORK, Nov. 30,
Richmoad papers anticipate that if Shettnan
captures Uhorleston or Savannah he will transfer
his army to (;rent. They cYpect the Janice lt:ver
fleet will proceed to Savannah to ca.operate with
Sbcren3n.

Hood is reported to have occupied Huntsville wad
Dnatur. }lfs main army, 40,000 strong, was c,O/1.,
c litratcd south of Columbia on the ?it-h. 11.0 as%
saultcd the works at C.ilumbia, s,iuth of the. Dock
river, and was badly repulsed. A small Uonfeth..
rate cavalry force tucet:cded, however, in crossing
the Duck river. It is supposed that Flood will,
move east across the Chattanooga river to cu-opa.
rate with Breckenridge.

It is said that Forrest is provided with pontoons
to cross the Tennessee River at Cnickagow, and is.
marching in connection with Hood's army throuVh
Tennessee to Cumberland Gap.

Eirly reports that Sheridan's cavalry had, been
repulsed beyond Mount Jackson, whence they w„„
pursued and driven beyond Edinburgh in confusion,
leaving their dead and wounded.

2,000 Confederates had made a raid on the Baltig
more and Oaio Railroad at New Creek, where they
captured a Federal force and destroyed the warege
houses and stores.

It is reported that Ewell's corps had moved
southward from Lee's army.

It is denied that Sheridan had reinforced
Grant.

General Dix has announced that the emiss'A-
ries of the agents connected with the plot to barn
the city will, if arrested, be tried by court martial
and, if convicted, they will be executed as spies.
More suspicious persons have been arrested, and a
large reward is offered for the offenders.

All Southerners are ordered to register the.ir
names or they Rill be regarded as spies.

Mr Seward has refused to present the British,
peace address to Mr Lincoln.

The Confederate Congress has unanimously re.
jetted the proposition conciliatory to the United
States, and favouring pacific measures on the basis
of the recognition of State rights, and the original
statutes of slavery.

The Canadian Government had refused the re.
quest of the St. Alban's raiders to refer to Richmond
for evidence of their connection with the Confedem
rate Government.

The Tallahassee and the Chickamanga have,
arrived at Wilmington.

COMMERCIAL INTELLIGENCE.

Money easy. Gold 230. Exchange on London,
251; on Paris, 2 9 to 2.124.
Stocks slightly firmer. New York Central 1191,
Illinois 1261, Erie 93k, 5'20 Bonds 100. Cotton
quiet. Middling Upland, 129. Flour and wheat
advancing. Corn quiet. Provisions dull. Coffeo
and sugar slightly firmer. Molasses steady.
Petroleum, crude, 49; refined 69.