The sun. [volume] (New York [N.Y.]) 1833-1916, 1901-09-11

fess that he had violated some military
regulations. His fear Of p~unishment
led him 70 break prison after his arrest,
but after q days wandering and think
ing about the matter he had returned
and given himself Ny, The Court which
acquitted him Of the murder condemned
him TO an extravagantly long term Of
Imprisonment for his breach Of dis
cipline.
Against this sentence MsHrEN appealed.
So did the prosecuting officer, A. the law
in Prussia allows. on the ground that
the sentence was inadequate. No new
evidence was presented. The =
against the suspected man was IA weak
~ az the previous trial. This time.
however. in answer to the complaints OF
the press at the first trial. there was no Sc
crecy. The whole story Of o khosIoE's
bri,alities was told. IL was shown
that he had been punished previously
for maltreaiing his men. and a brother
officer testified that he had expressed
a particular hatred for MARrES and
all his family. To every ones surprise
the Court admitted the testimony of
the sergeant who had been discredit"d
At the former trial. The prosecutor.
feeling sure that he could not secure
a conviction. asked illogically that MAR
TIN be sentenced for granddaughter
to a long term 81 imprisonment. The
evidence pointed clearly To an acquittsl.
The Court acquitted MARTENS alleged
accomplish. but condemned MaRrEN
himself to death and. unfortunately
for itself, gave It's reasons.
The Court held that II was out OF the
question that any but a soldier did the
killing. There was no evidence against
any one but MARTES. His behaviour
was such M 10 arouse suspicion. His
ouarrels with Won KhosIGK and that
officers maltreatment of him were
motives enough for the crime, a. he was
sensitive and easily angered. though
a good soldier. His alibi was NOT wholly
made out and his escape after arrest
and behavior during the trial we're
particularly suspicious. Therefore the
Court held him guilty OF p~remeditated
murder.
Germany IL fairly stunned by the
sentence. There Ia no likelihood that
N will be carried out NJ present, for even
/. the Kaiser does not interfere, MARrES
has appealed again. "a the Law permits
him, and. strangely enough. 80 has the
presiding officer Of tho Court. on the
ground that the alleged a~ccomplice
should not have been acquitted. Never
theless the mental attitude Of the thor
oughly respectable officers constituting
the Court has excited natural alarm.
A the Hamburger Nachrichtsn puts
IL, the sentiment among army officers
IL that immunity from punishment
for an officers murder would be a
terrible blow 10 the discipline Of the
army. They say: Tho interests Of
a solitary individual like MARTES must
be su~bordinated To the general inter
ests Of the army. Even were he inno-
cent his execution would cause a whole
some fear among men. II the murder
IL unrevenged all order il AZ an end
The German Army IL 10 body ~ mer-
cenaries, neither Is IL a profession bv
itaelf: Il il the whole sble-bodied male
population Of the country. The officers,
on the other hand. form almost a caste by
Themselves. Tho Germans are slow
to wrath but they have a strong sense
Of Justice. and the thought that their
wen though innocent, may be sac-
riiced for the salvation Of an arrogant
caste. will probably increase greatly
that Social democratic party which the
X aiser detests. Not a newspaper in
Germany has dared to uphold the afro
cious judgment.
Unless the War Lord see~ that Justice
is done he may find himself face 20 face
with a people, Already tired Of military
burdens, thai refuses 10 do military or
naval service, IL subject To such condi-