New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-01-05
MOUSSA BEY IN COURT.
CURIOUS PHASES OF JURISPRUDENCE IN
THE ORIENT.


Constantinople, December :.
The trial of MOussa Bcy. the KOurd, on three
of the charges preferred by Armenians from the
villages of Moush in Eastern Turkey, was held
last week These charges have beer felt by the
Turks GENERALLY to affect the honor of the nation
and of their religion. The first Turkish impulse
in such a case is TO destroy the man who depre-
ciates the one or the other SO when the Sultan
last summer ordered compliments against MousSa
Bey TO come to Constantnople and sue him in
the courts of the city, the villagers who dared to
affirm his guilt had to he protected from attack
on the road by a heavy force of mounted police.
The compliments were generally regarded as
criminals under arrest and they themselves re-
pented of the undertaking long before they
reached the seacoast. Only the desperation of
long suffering at the hands of a rufian carried
them through Once arrived at Constantinope,
these Armenian villagers found their own peo-
pie each more anxious than the other to appear
Indifferent TO them, lest sympathy with them be
deemed by the police evidence of rebelliouS hos
tity to the Government Even the lawyers
looked askance at men who could only WIN their
case by proving the falsehOod of many oficlal
eulogies of Moussa'S character. II was punish
able offence to discuss MousSa Bey's deeds on the
streets. The newspapers had been taught to re-
gard the proposed trial of MOusSa Bcy as
temptation specially devised by the devil to en-
tice them into the limbo prepared by the Blu
rcau of the Press for dangerous literature. But
the poor and ignorant villagers had taken their
lives in their hands in hopes of redress for the
past and protection for the future. During four
months they have been content 10 suffer the
pangs of squalid poverty while they have been
finding lawyers reckless enough TO prosecute their
cases. and have been answering the interminable
questions of the private preliminary examination
at the Ministry of Justice.
At last three of the Oldest and least aggra-
waited of the cases were selected by the Depart
ment Of Justice for trial, and Moussa Bey was
put under arrest in his lodging at the house of
Bahri Pacha, the Governor of Scutari. The court
was crowded. hundreds of people who could not
get into the hall loaded the creaking floors of
the Hobbies. In the court five judges performed
the duties of Judge and jury; having TO decide
questions of fact as we'll as of law. On the right
of the hall, below the bench" sat the Public
Prosecutor who TO the last could not clear his
mind Of the impression that the plaintiffs were
on trial. On the left the desk Of the clerk
Of the court In front Of the Public PrOsecu-
tor, near a table bearing an assortment Of holy
books to match the curious assortment of creeds
found in Turkey, was the witness-stand. Then
came the tables Of the lawyers engaged in the
case: and in front of the judges, with his back
to the audience, the prisoner. Moussa BcS
is a man of thirty thirty-fve years of age,
dressed like a Kourd, but like a gentleman
The witnesses were sworn by the presiding
Judge. To each one he remarked in a most
paternal tone: There is your Holy Book. You
are going TO tell the truth in regard to Moussa
Bey Is it by God ," by Cod replied each
tIap tba int otip6
The statements of the witnesses amounted TO this
One night three years ago Moussa Bcy came to
the village Of Ardavank. near Moush, and SET
fire TO straw barn. The watchmen heard the
noise of horses feet, and ran ont in time 10 see
Moussa and his companions light the straw.
When they gave the alarm the men rode away,
firing their guns into the air. On another night,
two or three years ago, the watchmen Of the
same village, hearing a noise, discovered Moussa
and his companions digging hole in the wall
of house. They ran 10 give the alarm, but
were told TO stand still or they would have their
brains blown out. Upon this they naturally
stood still, and so saw Moussa's men take ont
several armfus Of goods from the houses and
rode away. The watchmen then proceeded 10 in
form the people Of the house that they could
come out Of their hiding-paceS On another
day, about the same time, MOuSSa Bcy passed
near two priests OF the village who were walk
ing together, and having told them 10 keep still
or lie would kill them, be bid in ditch near by,
and shortly fired at a miller named Malchas who
fell 20 the ground. The priests made haste 10
get into a house, and stayed there until they
were called by Moussa Bey the next morning and
ordered 10 bury the man and say nothing about IT,
Two OF three witnesses 10 each crime had been
brought on from Moush. Their testimony was
l,,y tbnir \of of
them was able even 10 tell his own age. II was
further confused by the fact that the three cases
were heard together The nIuddle was further
increased by the questions by which the Public
Prosecutor terrified the witnesses, implying thai
in his view they were criminals whose viIlany
he was about 10 unearth. The witnesses
became involved on minor points of detail, such
as the names Of Moussa's party. the color Of the
horse that each one rode and the question whether
the match used by MOUSSE in firing the straw was
waNen or wooden. They tIied TO answer every
thing: and. only after proving that they knew
very little as TO these details, did they plead tie
difficulty OF remembering such things
accurately after three years. AT any
point the counsel for the defence
nteriected questions. aud Moussa himself was
allowed 10 comment on the testimony as the
conversation went For il a sort of
general conversation. to which semblancc Of
order was given by the fact that all questions had
to be propounded through the presiding Judge In
the midst Of the discussion over the death Of
the miller MalchaS. Moussa Hey, having obtained
permission 10 make a remark. stretched out ms
hands toward the books on the witness table, aud
said Here is the glorious Koran, and here is
the HOLY Book OF Jesus. whom he peace. on
these books swear. and may not leave this place
alive if it IS not true. that all these things are
lies"
In this extraordinary manner the testimony was
taken TO the end The lawyer in charge OF the
case for the prosecution sat like stick, afraid 10
open his mouth in aid Of poor wretches evidently
under the ban of the Government
MUussa Bey's defence was "A general denial a
declaration that his character was above such
things and an alibi. lie called no witnesses and