The New York herald., 1874-12-29
Won ARNIM.
Detailed Narrative OF His
Trial.
SPEECHES OF PROSECUTION And DEFENCE.
THE DIPLOMATIC CORRESPONDENCE
Arnim's Report to the Kaiser Over the
ChancelOr's Head.
THE THREAT OF ANOTHER WAR.
Curious Comments on the Acts and Views Of
Exalted PersOnageS
English Opinion of Bis
marck's Intent,
The blood and Iron Mans Machiayellism, as
Seen by French Red.
Arnim's Report to the Kaiser Over the
ChancellOr'S Head.
THE THREAT OF ANOTHER WAR.
Curious Comments on the Acts and Views Of
Exalted PerSOnageS
English Opinion of Bis.
marck'S Intent.
The Blood and Iron" Mans Machiavellism, as
Seen by French Red.

The latest European a0vices contain detailed
accounts of the trlal OF Count Arnim in addition
to what we have already learned from our special
cable dispatches from London and Berlin. We
condense from the dispatches IN the London
Zynaes:-
SPEECH OF THE PROsECUTON-DEMAND FOB TWO
YEARS AND SIX MONTHS IMPRISONMENT.
Having thus traced these publications. home to
the accused, we come to the contents. They were
evidently intended TO usher IN q campaign against
the Chancellor. The Count, we learn from the first,
te likely to resign. The Count, we are told In the
second, recommended an energetic policy against
the Pope and the Ultramontanes at a time when
reconcile them TO the political changes in Ger
many. The only motive, then, TO be attributed to
me count or removing tae aocumeats y snat ne
cellor, and that he thought however enormously.
the possession OF the documents would give
his arguments peculiar force and authenticity.
Very probably he would not have allowed the
summer TO pass without making use OF these
aa Nssingen made II delicate affair to attack
the Chancellor just then. AS to the Jurisdiction
q tne Court over the accused 1t was true that IA.
but the mansion OF the German Embassy at Paris
ts German ground, and thus the offence was
Clauses 34S and $50 OF the Penal Code. on which
the charge is based, REFER the one to the abstrac
stracsion OF moneys and other things by officials,
sucn documents, moneys ana other things being
accessible to them IN their official capacity. The
penalty varies at the discretion OF the Judge
between three months and nve years. The
crime is as grave as can be, having been
sSe east key % to sach ous
as there was no intention to make money-at any
tion to make money. ana as / am, therefore, not
IN tosltion TO say that there Was any intention
y make money! WIN not move that accused be
deprived Of MS rights as citizen feIre,t recfte),
and that the utmost penalty OF the law be pro-
nounced against him. move that he be sentenced
to two years and six months imprisonment.
REPLY FOR THE DEFENCE.
Herr Won Holtzendorn, the famous Professor of
Criminal Law at Munich University was the first
counsel VINO spoke Tor the defence HIS speech,
which took him nearly two hours TO deliver, was
80 brilliant specimen OF legal erudltion, acumen
and eioquenCe that it Is difficult TO do any hing
like justice TO it in summary. He sald:-
'As professor OF law should not have taken
upon myself the immense responsibility OF acting
In o case where address and ready arguments are
quite as much required a knowledge OF the law.
Relying, however, upon the experience and tried
aebating quairies OF tne distinguished men with
whom l am associated In this defence, have
cused TO state my opinion on the legal merits or
the charge. do so, although am an Gdmirer Of
the great statesman to whom the nation Is so
much indebted and whose antagonist my client Is
/ do so, although am aware that, the vital inter-
ests OF this country being at the present moment
the 00nna naon ws
with regard to offences affecting our position
Is my a
may be the political aspect of the moment and
whatever the offence charged against the accused,
the letter Of the law must be adhered to II this
country Is TO preserve It's ancient renown for
legality and strict justice. confess that from
what / have heard aud seen the fe days have
been III Berlin should not be very sanguine as to
the result were my client placed before jury;
but when ! have to deal WIN Court learned IN
1uish between facts aud appearances between
general Impressions OF guilt and the question OF
the applicability OF the statutes-then say, am
convinced that the real aspect OF the case will
come out ana the accused be acquitted rom the
ues nfss s quality sn s
sity OF the misdemeanor to be charged
against the accused APPROXIMATION, abstraction
the Court wnen ordering the arrest OF all this
with According to clause 34S the removal OF docu-
ments Is liable 10 be punished vita at least
months Imprisonment; but according to clause
poses the culprit to AT least three months I'M
prisonment. The Pubhc Prosecutor, not being
quite certain whether the objects removed are to
be classed Of1lcal documents, has based his
charge upon both ciauses-a precaution winch,
plodes the charge. The Court will be pleased to
consider that the whole annals OF German jurls-
prudence. there being NO case IN point, the charge
tinct passage OF distinct statute is proved to ap-
ply The verdict of this Court win be ex-
amined BY every professor OF law IN the German
unlversltles-t may be by many lawyers III every
part OF the world. The responsibility involved IN
an erroneous sentence would be very terrible. So
mucn l0r the Criminal Code and Its applicability TO
the case AS TO the Prussian rescript OF I'LL,
which Is likewise said to refer to the case all can
say Is that there are certainly not three members
IN the diplomatic service VINO knew oil Its exist
ence before 1t was exhumed TO do service on this
special occasion. Even supposing 1t to retain
validity to this day. the most loyal subject OF the
Crown will not assert that 1t tends to any but
the Prnsslan diplomatic servlce' o But peg 70 oo
not a. member OF the Prussan, but Of the German
diplomatic service, and the rescrlpt OF I'LL has
never been extended to the diplomatic servants OF
the Empire. Thus II the German Penal Code,
which affects Ill Germans alike, cannot be
ersN snere is s. Absolutely no law law at all which re-
fers to II. Nor do ! Tor q moment ad-
aud registering documents apply TO diplomacy.
An ambassador Ii not only entitled, but absolutely
Obliged to prevent secret documents being de-
thrd persons He may, on the contrary. hide
them and even burn them II he think 1t to the
OF his own reports which ne did not deposit in the
archlves, this was perfectly Legitimate proceed
ing, considering that no Prussian or German dlp-
lomatist ls required to make drafts. All Eng
lish ministers may keep copies OF their own
dispatches when going out OF Office ana IN france
It required SPECIAL order OF the King to prevent
papers oflcal documentSY what document
really - s one OF the most intricate ques'
tons; but o diplomatic essay, or. rather,
diplomatic leading article, such as Is con-
tanned In the papers the accused mas
~ document No paper can be a document un.
less II Is OF legal Importance. The missing papers
aan are SIMPLY communicaslons On cSrrem, socn
ments 900 years hence. The worst, therefore,
which can be said against the accused !s, that ne
acted against usage and that he is liable to
rerrimand or some slight disciplinary penance;
but even the Counts negligence is to be excused
considering the affiiction into which he was
plunged by the death OF his daughter just at the
time of his recall;H
The speaker. after entering upon some more
legal nicetfes, wound up by expatiating upon the
personal and diplomatic merits o tne late Ambas-
oador, "that noble and distinguished man VINO
spurns pity and only demands to be judged IN ac-
oordance with the old Prussian motto, 'lStr1n
Css5Qse.'n
Herr Tessendorf1, the Public Prosecutor, replied
to the counsel Tor the defence.
Alter this Herr DOcknorn, second counsel for
the defence whose rare talents nave led to mis-
being brought from Posen, got into the saddle,
ike Cossack breaking forth in the rear OF heavy
professional artillery, and said:-
'Tae Rralesa0y having apG. ~ t1nRcnea I1tR