The Grange advance., 1874-12-29
ven ,ARslM.
Closing Scenes Of HE Trial aud
Sentence.
From the New York Herald.1

DuC outside, IN the MOlkenmafkt, tnere
was vast concourse of spectators. The
excitement that prevailed was almost
unparalleled, the nearest approach to it
being the scenes at the celebrated Wal.
deck trial in lS49. Notwithstanding
heavy snow storm, the crowd waited
patiently for'the decision. AS soon as
the court was opened Count Won Ar
MIN S physicians pleaded that the &C.
cused was unable to attend, owing to
his impaired health. But the judges
dispatched special messengers to his
residence in the Pariserplatz,
with instructions to demand his
attendance at court. Count Arnim ar.
rived in court at 4 o'clock in the even
ing leaning on the arm Of his son, look
ing very pale and haggard. The crowd
rose sympathetically as he entered the
room, and remained standing until the
presiding judge asked the illustrious
accused to be seated. Amid the most
profound silence one of the judges read
the decision and sentence from a docu-
ment consisting Of twenty Autographed
pages.
At the commencement he referred to
the public excitement caused by the
case in and out of Germany. When
the judges had passed their sentence he
said there would be discovered no alb
sence of full and sufficient knowledge
Of the law and the facts. Never, in
any previous case to their knowledge,
were the passions of partisans excited
to such degree as in this instance.
Even people occupying high and im-
generally believed to be above
such passions, had been
drawn into the matter. The reason was
clear. The phenomenon resulted from
the position of the accused, and the
unusual and unexpected circumstances
connected with the trial, involving, as it
certainly did, personal interests Of
varied kind-personal honor, public in
terests, international and h,me politics,
and full. share Of patriotic likes and
dislikes. All this to the eyes of the
judges was but the mere shifting seen.
cry of the drama. To adhere sternly
to the law was their sole mission and
most earnest duty, and this mission
they would fulfil, unhesitatingly, un.
ainchingly, without passion.
President Reicl then summed up the
general bearings Of the case as they had
occurred to him during this remarkable
trial. He expounded their nature at
grea: length, dividing them into three
catcgories. The retention of the docu-
ments, he said, that is to say those
containing the alleged censures
of Prince Bismarck, constituted, in
the judgment of the court, no offense
provided for under the German penal
code. Count Won Arnim has docketed
the disciplinary documents coming
under this designation. "The conflict
about these missing papers,, his honor
remarked, ''has been beautifully des-
cribed by Count Won Arnin as "a grave
in which was buried the friendship Of
his youth with Prince Bismarck. " The
court held that the retention of these
papers had been done in good faith,
and therefore the charges Of bad inten-
tion, contended for by the eminent
counsel for the prosecution, must be
excluded.
In reference to the second category,
IN relation to papers on diplomatic
affairs in France. the documents, the
court had decided, did not come within
the sense Of the indictment.
AS to the third category, which in.
cluded the ecclesiastical documents
previously read at a secret session, he
said the court had ruled that they were
important State papers. However, the
requisite evidence was wanting to es-
tablisn the alleged illegal appropriation.
But, again, the unauthorized use of q
document is not embezzlement. Even
If the documents were published it
would simply be an ofense akin to the
infringement of copyright. The
court possesses no proof by whom,
when, or how the documents were ab-
stracted, and, therefore, that matter re-
mains under the terms of the Roman
law non liquet.
The judge concluded his address by
finding the accused guilty of the con.
cealment of thirteen ecclesiastical and
political documents intrusted to his
official custody while in the
diplomatic service of the
empire. When awarding the
sentence the court considered the ae.
gravation caused by the attitude of the
accused count, and, on the other hand.
it was maintained that his high position
should have shielded him from open at.
tack. He referred briefly to the great
risk Of exposing to the public view such
documents as those referred to in this
case, and the results that might flow
from indiscreet revelations, weighing
tho case as it were between the accuser
and the accused. But the court con-
sidered there were many mitigating cir
cumstances to be taken into account.
In the first place, they regarded favor
ably the timely restitution of certain