The New York herald., 1874-12-21

they would fulfil, unhesitatingly, unM- aon
ingly, without passion.
PRESIDENT REIcH's REMARKS.
President Reich then summed up the gen.
eral bearings Of the case as they had occurred
to him during this remarkable trial He ex-
pounded their nature at great length, dividing
them into three categories
RETAINING THE DOCUMENTS no CRIME.
The retention of the documents, he said.
that is to say those containing the alleged
censures of Prince Bismarck, constituted, in
the judgment Of the Court no offence provided
for under the German Penal code Count
Arnim had docketed the disciplinary docu-
ments coming under this designation.
THE GRAVE OF EARLY FRIENDSHIP.
"The conflict about these missing papers,
His Honor remarked, "has been beautifully
described by Count Won Arnim 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 intention, con-
tended for by the eminent counsel for the
prosecution, must be excluded.
THE FRENCH INTRIGUE
In reference to the second category in re-
lation to papers on diplomatic affairs in
France, the documents, the Court had de-
cided, did not come within the sense of the
indictment.
THE ECCLESIASTICAL PAPERS.
AS to the third category, which included
the ecclesiastical documents previously read
at secret session, he said the Court had
ruled that they were important State papers
However, the requisite evidence was wanting
to establish the alleged illegal appropriation
POWERS OF THE COURT.
But, again, the unauthorized use of docu-
ment is not embezzlement Even if the
documents were published it would simply be
an offence akin to the Infringement of a copy
right. The Court possesses no proof by
whom. when or how the documents were
abstracted, and, therefore, that matter re-
mains under the terms of the Roman law,
non AQAet.
GUILTY OF CoNcFALMENr.
The Judge concluded his address by finding
the accused guilty of the concealment of thir-
teen ecclesiastical and political documents
intrusted to his official custody while in the
diplomatic service Of the empire.
AN ARGUMENT PRO AND CON.
When awarding the sentence the Court con
sidered the aggravation caused by the atti-
tude of the accused Count, and, on the other
hand, it was maintained that his high position
should have shielded him from open attack.
He referred briefly to the great risk of expos
ing to public view such documents as those
referred to in this case, and the results that
might flow from indiscreet revelations, weigh
ing the case, as it were, between the accuser
and the accused
MITIGATING CIRCUMSTANCES.
But the Court considered there we're many
mitigating circumstances to be taken into
account In the first place, they regarded
favorably the timely restitution of certain
documents last June, as soon as it was made
manifest that they were required at the
Foreign Office.
Second, they were bound to consider the
general latitude enjoyed in former times by
the diplomatic agents Of Germany and Prus-
sia in regard to the custody of archives ac-
cumulating during their term Of Office at any
special point
PUNISHMENT CERTAIN.
But however numerous were the mitigating
they did not exclude the liz
bility Of the accused to punishment. After
careful deiberation this Court decides not
to adopt the views considered valid at the
commencement of this case, but will measure
the punishment solely upon the basis of the
evidence brought out during the trial
pRoNoUNcNG THE SENTENCE.
Therefore" concluded the Judge, Gin the
Kings name, we declare the accused not
guilty either of embezzlement or misde-
meanor, but guilty of an offence against
public order, and condemn Count Arnim to
pay the costs Of the suit and to suffer i'm
prisonment for three months, less the term
of confinement already undergone"
RECEPTION OF THE SENTENCE