The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-11-06

served been fully admitted by the hlgner UiuuhA oV
fore which the brought in the second IN
stance Count Arnim's legal domice was In Nassen-
hede within the jurisdiction OF Stcttin and the Count
himself when brought before the examining Judge,
Pescatore had raised this objection but his words
we're not taken down in writing; and on this ground
alone-that is say, because the objection had not
been mado in due form and within the legal time-the
Court bad admitted the subsequent competency
OF the FIRST The Law, however, counsel contended
prescribes definite fornaltics in such case, and
tho general principle, also sanctioned by law, is that
mo can be taken away from his legal judge"-in
the present instance, the judge sitting Il Stettn.
But should this objection be overruled there were
other grounds, according the advocate for the de-
fence why the OF the Second Court should
set aside. At the time when the alleged offence
committed Count Arnim not 'functionary," as
he had already been released from his charge Further
more the alleged documents were documents
within the meaning Of the raw and according to the
generally approved definition OF the term. That they
might under certain conditions, acquire tho character
of documents was, he argued beside the question,
the thing might DO said OF any writing whatever
The papers in question were simply Instructions de-
hvered by the Minister to his diplomatic repre-
sentative for the guidance of tho latter, and
committed to writing for the solo that they
could account of tho distance be delivered by
any person except him TO whom they were addressed
Some of them not signed and others were
manfestly mere rough drafts The second Judge had,
Dr. Dorm maintained misntcrpreted the legal sgnifca
ton of the term document"
Ii will not have escaped the attention OF your read
that the whole gst of the matter obviously lies in
the character attributed to the thirteen dispatches
errng TO the Church question: that upon this the
very kernel Of the question: the proane vulgar re-
main entirely in the dark, only OF the alleged
documents and perhaps the least important of ALL
having as yet the light
DEFENCE.
That Count Arnm had no deliberate intention to
keep the papers in question, Dr. Dorm argued In
cuson may fairly be inferred from tho fact that he
actually did restore them in the month of June before
any proceedings had boon taken against him. On these
grounds urged that the against
his client should be set aside
II may be remarked here, by way OF digrcssion that
one OF tho striking anomalies connected with this
singular trial is that Count Arnim should have been
condemned for having in the first instance retained tho
papers which he surrendered at last to the Foreign
ONCE while he acquitted in respect to those which
he failed to return of which he was unable to give
any account
When called upon TO rebut the arguments OF the de-
fence, the Public Prosecutor Viewer, conended that
being the owner ola house in Lcpzgerstrasse, as no
had himself declared during the time of his mission in
Rome that, at all events the supposition shat he
had legal domicile, his place of temporary
residence would answer all the purposes required by
the Jaw and that place was evidently Berlin. BY
legal fiction ambassador supposed to be still
within the territory of the State which he officially
represented lie was therefore, amenable some home
jursdction otherwise, no might commit the most
atrocious crimes with impunity Ho might be a native
OF any German State; he might even be foreigner,
and then where would his legal judge reside9 Evil
IDENTIFY at the seat Of the government which he officially
represented Arnim, therefore, German Ambassa-
dor, was naturally amenaole to the Berlin courts
Herr Viewer then insisted upon Count Arnim's pub
lie character functonary, Notwithstanding the fact
that he not for the moment during part OF the
time in question active service With regard to the
debated question Of the forum dcticte eommss there
cases, he argued, in which offender may be-
come amenaple TO two distinct jurisdictions A MUIR
dercr for example, may stand upon side OF a
boundary and Kill another standing upon the opposite
side The plea that Arnim did actually destroy the
documents for such they were, nrusted to his keep
ing irrelevant TO the point ISSUE II being su-
cient he should render them existent for the
time being. In support Of this view he
! cited the case OF priest who had con-
they wero required to yield evidence some disputed
cause The priests plea that he had merely secreed
destroyed, them overrued on the ground that
he had virtually destroyed them for the time being.
THIS stage of the proceedings being brought to
an end the Court adjourned for about hours and
half
A. tho expiration Of this timc the Court met again.
the auditory having in the meanwhile dwinded down
TO sixteen persons all strictly professional, and
as soon the result made known of them at
scampered or without waiting for the motives 4"
which, indeed, though lengthy, the reverse OF
novel.
As everybody had expected, the High Court entirely
conceded with tho view taken by the lower tribunal
with respect to the question of competency the
menary character OF the papers and to Arnims official
capacity public servant The plea for the setting
aside of the sentence delivered by the Kammergercht
was rejected, the existing sentence, therefore, con-
1rmcd, and Arnm condemned defray the costs en-
tailed by the present proceedings.
Thus ends this memorable trial. curious ana anon
alous in its details as it has been unprecedented in
general character | may mention the prevalent ru-
NOR that the Imperial Chancellor satisfied with the
victory which he has gained, will advise the Emperor
on his from his Italian visit TO make OF his
prerogative OF mercy, by committing the
free pardon.