, 1875-07-13

rate might b right. Dns when hc took tho
papers with him frp1n Berlin 10 thu I}Olisn1iau
Spa Of Carlsbad ho committed tho ofrense Of re-
moving documents Which wcro not his own. but
hnlonElnR 10 tha State. Tho rlcR Of tho acouseQ
That 10 did this Inadvertently tho Court declined
to believe; wmla a. to tho cxc,iae that tho ps>
PeFa abBttactod could not be regarded A. locu-
nients. this, though j. hal beou admitted by tho
CLAUSE % OF tia Pensl Coda. TO provo this Il
was only nccessar, 10 road that Important pro-
vision OF Tho LAW:
who.ocver shalt publish or eommunfcasa to any in~
ttrrssed oover1snsnt anY sscrets of sste. plans nf
xr,,ce .hsh 10 Iao*s shoH s. is sceres sI ia .he M
ssst.. ef sho ueEnao EnpEe ?r any u the terman
.rFsitase 70 bs Undergone u the Houso u! Cosrcr.
th'n In eaae OF e1tenuattng circumatancea being al
inwed by tho Court tho osndor shall le sentenced to
at least SIX months imprisonment In fortress.
1t waa EnRintalued thks tho papers ilrst ab-
Btracted and thou restored being calculated to
promote Or frnstratG tho designs of this tinT-
ernment to strengthen or Alfeo1yo alliances
OF ttc accused IN removing tiiom WAS aggravated
by Tue consideration that ho Was public servant
mud Of al! public servants tbs very ono 10 whoao
keaping thoao papera had bcen ,utrustod 1t
sho accused had avowodIy removed, but
tot saturuoi, No doubt tho conteuts Of these
papers we're partly political, and therefore camo
nnder tho abnyc provision; but ha they likewRe
contained scprlmsnds, tbcre was tho possibility
that, in tho absonce OF cloar legal definition Al 70
the Official unofficial character Of rcprinand,
tho Accnsod Mght hnvc considered thcse papers
~ his private property, not as tho property OF tho
btate. There waa third category Of missing
papcrs-thoBs Rhout tho Waereabolits OF which lilo
COUNT protossed ignorance. Mo ovidcnco had been
alleged to prove tho Count had appropriated
them. As to tho Public Prosecutor Urging
TINT tho Count bad Rlways dabbled in journal.
,sm ni,d TINT hc had appropriated tho papers
khn t1lnt1
Improper to enter upon poiut not directly
bearing upon tho charge prcfortcd. The iiko
rcnson prevented tho Court from teatinx lbe
Eoncral veracity Of tho Count, antl enter into tho
maine to a park-hcopar when stopped for = trillng
trespass faw ycara ago. II tho Public proB-
eentor bad asked the Court to conBitler Tho mo-
Enotlals nnoh tho Arnim casa drawn Up bY famous
fienca. Belgian. aud Austrian loGiBtB, the Court
saw no reason to comply with this request. Tho
otlenHo having been com1nltted In a locality gov
osfod bg tho German Criuttnhl Colo aud the Ger
man Criminal Courts, tho nosious OF foreign
tuIisss however interesting III Themselves, were
innaatoriI from q legal point OF Wow. Iu
melting out punishment. tho Court, on tho QUO
baud, lad to consider tho oninout position of tho
accused and tho high trust reposol in him cir
cnmstancoa which could not but ho regarded III
agesayatlous Of the Charge against hlul. On
tho Other hand, Allowance had to be 1nade tur
the Counts conduct In returning tho papors. to
wllch, In tho opinion Of tho Court, tuo Charge
must be limited. Taking all thcso circumstances
into consideration, ho was sentenced to nlno
inonti.s' imprisonment, from which oHo month
Ahpntd be daductcd As having boeu compensated
foe u. .lis previous arrest.
So fur tho senteuco OF the Court. OF tho
various points alleged In IT, three ars particularly
for tho removal of those papers he subsequently,
returned. Iheso papers, containing no pss4onnl
matter, hut adyerting exclusively to politics,
arc considered public documents. tho abstraction
OF Which constitutes d penal otrenHe, eyeu
though restitution Was taTlily made, SECONDLY,
tho papers mixing up reprimands with
politics arc not rcgurded a. pubic documents
belonging to tho State and to bo undoubtedly
i,,a' retained " tho persons to whom thoy srs ad-
papers were duly numbered md registered, both
at Berlin and Parla. this dccision will be found
to imply thas, contrary to tho opinion ot tic
Foreign Office who hold TINT tho moro reg
,,htesing ,s makes papers official, tho Court
ter as unofficial. albeit registered. As this
question, under the German Inv, Ia decdad
" tho toxt Of tho regulations issued BY
tho Foreign Office, the rules ~ ihey woro boforo
the Aruim caae cannot hayo boon accounted a.
sufficiently clear aud distinct. The dotect, It is
vol known, was retnadled by tho enactment OF
fresh rutaH imnedistslY aftar tue first hearing
Had revealed TITO hiatus. lty ehird re!uark re-
ttinguiahing betrccn removal aud onbezz1oment
10 roaloEa Is tho hiding anything legally do
1anded. no naatter whether the property
OF the concehtor or not; to embezzfo il to
appropriate property iutrussea TO the Bafe-
Aocping Of tue ombezzlos aud 10 conceal tho act,
proposing to derivo personal advantage from It.
The former Is tho Hore general term End the
slsglter ofeaBe. removal not necessarily lnclud-
Ing selfish end the latter is gtsyor crime,
combining theft aud personal profit. Az ia ap-
patent from this definition, mauy caeoa may 10
clnsaed under oithor hehtl, according 10 tue
opinion takon by tho Judge OF tho .ctrcumatatl-
ces and tho character OF the acchBod. To provide
for e.ther contingency, tho public prosecutor. ~
tho first trial. fussted that tile purely political
papers frat &bBtraetod and then returned
had baen embezzled, while aB to thoao mixing
up political Aud personal n1Rttor, 10 contonted
h.mself with representing them "a only rs-
moved. A similar Wow w1H taken by tho PROSE-
cusor who acted on behalf Of the Crown At tho
second trial; but tho Court on both OCCASIONS,
adopting the more lsniont aspect, ignored tlo
enboxziumens and proceeded on taa charge Of
removal.
Ths Emperor had given orders to have tho
aentenee tstegraphod 70 him immediately on its
being pronounced. There were 10 moro than
fifty porsonn present at tho moInentouR eet,
many Of tlom Journalists aud other professional
politicians.
SovGn Times Mnrxtcd.