The New York herald., 1874-12-29

/ OutlyluR IOILS OI LQc PUBIC pEObcCutOI. Inc
ment those iorts are down we shall perceive tnat
| the main points OF the charge, which may COM
pare 70 the citadel are nothing put painted @ . sae
lying iorts may be called Murray the special cor
respondents OF the NEW YORK HERALD), Ernst,
Echo du Purtenae1a and Vienna FreSse. Who ls
Mr. Murray Nobody knows. He is traveller,
who stays few Gays In Berlin. sees 0 gentleman
In connection with Count Arnlm, and accordingly.
IN foreign parts. Who rs Mr.. Erns.s Another er
Pubic Prosecutor % PARIS and is suspected OF
speaking to witnesses. Then there Is the article
in the Echo az Parlensent winch Is said TO consli-
tute a terrible offence But gentlemen, let me ask
you candidly, Ia tt the allotted task OF dpo-
maust to ten the TRUTH The accused, no doubt,
ala not tell the truth on that particular occasion.
But as 1t Is not In the way oil his diplomatic pro-
fesslon to be always telling the truth, surely he
cation IN the Vienna Pyesse has been likewise at
Jributed to the accused, who however, does not
the Ecumenical Council published az Vienna was
not an official document, out only private essay
o. the accused & the IN ar real CRIME , OF Count Arnm
cofors and this, OF course, justihes the Pubic
Prosecutor In treating MIN as though he
member Of a party OF murderers. why should
this distinguished diplomatist have distracted
documents which he knew he could not publish
without lncurring q severe penalty The Count
neither admitted nor denied that he published the
even assuming that DR.. Lansoerg. who sent the
article III question TO the editor, received his IN
formation rom the Count, what followed Ger
fanny not that the Count deserved the title OF
German La Marmora, which mad been recently
bestowed upon him IN the press. The papers pub
lsned at Vienna were private letters and the pri-
vate memorandum OF the Count. He chose,
having been commissioned by his government.
menlcal Council to declare against lnfallibility.
fhe Count drew up this memorandum, circu-
some years atterward found It p1blisfed at Vienna.
Even those believing him to have caused the
publication, as they cannot prove the memoran-
dunn an Official document have no right 70 assert
that he abstracted other official documents for a
similar purpose. 80 weak Is the charge preferred
that all have said does not exhaust It's inconsis-
tency. Let US suppose for q moment the accused
dld publish his memorandum and intended to fol-
low up this publication by Others Does this prove
tnat be required the originals Would not copies
have done as well 2 Would 1T not have been much
safer to take copies and deposit the originals IN
the archives The opposite course, which has
been attributed to the Count, is simply absurd"
The above will suiilce 70 characterize the style
court.
Herr Tessendorn, the Public Prosecutor, re.
He pointed out that Mr.. Murray and Herr Ernst
had only been Incidentally mentioned in the In
SictmenS ~ WIN M Fespect 70 sne matters published
he could only confne himself TO what he had
already said Dr. Dockhorn's assumption that he
(Dr. TeSsendOrff) had ranged Count Arnlm with the
Kullman traction was based upon mlsc0nception.
Dr. Tessendorn then proceeded to deal with
tine question Of Count Arnlms motives, and said
that with regard to the documents the accused
had himself expressly stated that ne had
Moreover Baron Won Holstein had deposed on
oath that Herr BeckmAnn had communicated TO
the stan OF the Embassy IN PARIS the following ex-
preston OF the accused :-"I shall NOT be removed
from my post placed on the retired list for hold
documents which seriously compromise Bismarck"
Finally. Dr. TessendOrf continued that the con-
tents OF all the documents belonged TO the nigh
est sphere OF politics, fact which was proved by
press Of the whole world. The censure admins
tered by Prince Bismarck to Count Arnim IN
terested no one. Dr; ressendprn rejected the the
parallel Drawn by DR.. DockhOrn between The Wal.
deck and Arntm trials
The Judge then asked the accused whether he
wished 80 offer any further remarks. Count Ar
MIN rose and said:-
"My learned trends who are good enough to
allow me the advantage OF their support on this
trying occasion have so conclusively lnvadated
the legal and technical points OF the charge that
should only be lnjurng my cause were to revert
TO this side OF the matter. But wisn TO say iew
words upon another aspect OF tnis melancholy
affair. In the course OF the trial happened TO
mention incidentally tnat, little did regard the
missing papers as official. that when put them
which ! wrote Papers Relating to my Conlict
with b. The Public Prosecutor, IN his pleasant
ao conc ns Inc
Ing 10 my case. In reply may be permitted to tell
him tnat wnen put those words upon the cover
by tnat act and N that parcel entomped friend
ship which dates from my YOUTH and which had
lasted many years. II you WIN please consider
have just told You. you wil, oelieye, arrive at
the conclusion that l mad reason to think myself
/ have anoLher remark to ofer upon charge re-
peatedy made against me In this Court, though
not contained In the act OF accusation. am rep
resented having acted contrary TO Instructions.
! 0eheve may regard u as probable that tins
scrutinized Dy historians. Every line / have
written Is likely TO be examined. Every commu-
nication received from home Will be subjected to
the closest inspection. But, however strict the
search, there VIII be no evidence discovered
that acted contrary TO orders. reported nome
may not have given satisfaction, but agree with
my learned friend, Professor Won Hotzendorf,
all events, that there can be no penal offence IN
writing them from point OF view different from
the one adopted ~ Instructions lions II the disclpin- 10
quiry INTO my conduct should certainly court an
investigation as to whether have ever acted con.
trary to instructions. In ancient Germany man
OF falr and uublemlshed reputation, when charged
with an offence against the law. was entitled 70
claim the right OF clearing himself by oath. II
this practice, aOolisned, Oeneve, only 100 years
ago, still prevailed, should offer 10 swear, here
aud at this moment, that l mad no unlawiu de-
signs when retaining the papers under discussion"
The presiding Judge, having SAID lew words 70
protect t1e Judge o. inquiry against the attacks
OF counsel, closed the sltlng with the announce
ment tnat sentence would be pronounced on
Saturday next, az iour O'Clock P. NJ.
SUMMARY OF THE TRIAL.
Two remarks may be appended. All the more
important documents have been successfully re-
Reports " Spon the Eccesiasslca Posics Of Foreign
Nations, read at the secret sitting OF the Court.
With the exception OF these three reports, all the
papers originally removed and included IN the
Act OF Accusation, whether restored or not, were
read at the public sittings OF the Court, and I'M
mediately reduced 70 print IL appears. however,
from several passages OF the Act OF Accusation
that not all the missing papers were included IN
tue charge some OF them being OF nature TO
render the reading Of copies in the Court unad-
vlsable. The number OF the documents un.
der this category is unknown. Another I'M
portant point is the deposition OF Baron
HOlstein; German Councillor OF Legation at
Paris, tnat Count Arnlm, soon after the Issue OF
the famous pastoral letters by the French bishops,
told Dr.. Landsberg Bismarck meant war, and Tor
TINS reason requested DR.. Landsberg TO cause the
German press TO dissuade the chancellor from SO
rash an enterprise. Baron Hostein's state ment
mas not been c0ntradlcted by Count Arnim or by
DR.. Landsberg, nor mas Count Arnlm ofered any
ing Warllke designs, 70 his government
designs SO dangerous and immediate that
they had TO be exposed at once IN the press.
Stl IL would have been exceedingly interesting
TO learn little more on this delicate subject. all
we know from other off1cal sources being calcu.
lated 70 make the Counts expressed apprehen-
sions appear utterly grOundless. Baron Holstein,
himself a member OF the German Embassy at