Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-01-16

OF with five and seven years of imprison-
ment, notwithstanding the fact that section
1855 of the Russian penal code provides that
murder committed without previous de-
liberation and Intention shall be punished
with from twelve to fifteen years of penal
servitude, or, If there be aggravating cir
cumstances, with fifteen to twenty years.
When one man chases another into an out
house, from which there is no means of
escape, and then, disregarding his cries for
mercy, beats him to death with club 1t
would seem to be murder with aggravating
circumstances, IL not with previous inten-
ton. Such however is not the view
of the Kishineff court, which seems to
hold that the killing of a Jew by a Russian
IS much less heinouS offenSe than the kill
ing of one Russian by another. If Girchiu
and Moroziuk had merely circulated a
written or printed work intended to bring
the government of his imperial majesty into
disrespect" or had dared in public place
or assembly, to speak disrespectfully of the
Holy Orthodox Church." they would have
been punished much more severely than
they are now to be punished for beating In
offensive human beings to death with clubs.
Russian penal code, sections 17S and 245)
If the results of the trial be put in the
form of a ledgeH account we have on one
side 80 Jews killed and 400 wounded, 500
Jewish shops looted, sos Jewish houses
wrecked, and 100000 worth of property
destroyed. On the other side we have two
men found guilty of murder and sentenced
to less than half the punishment that the
law prescribes; and twenty-three robbers,
hOusewreckers, outragers and women beat
ers. who are punished little more severely
than a peasant would be for claiming to be
magician, or for setting afoat false re-
port with regard to an alleged miracle
Russian penal code, sections 933 and 93o)
Finally forty-eight civil suits brought by
the Jews to recover damages are summary
dismissed
Real Criminals Not Arrested.
But 1t is not in this respect only that the
result of the Kishineff trial seems to be
a miscarriage Of justice. The real criminals
the men who instigated, planned and d.
rected the attack on the Jews-have not
even been arrested and indicted. The evil
dence in the case clearly shows CD, that
the outbreak was planned and preconcerted
at least two weeks in advance; that the
chief of police certainly, and the governor
probably, knew that it was coming; and
that the proprietors of the principal restau-
rants Of the city hadreceived circular letters
asking them to cooperate. (2) That Gen.
Bekman, the commandant of the kishnef
garrison, had an available force of 5000
regulars, and testified under oath that he
could have stopped the rioting at once If
he had been ordered to do so. 60 That
Gen. Bekman himself, we'll as the as
sistant chief of police and all the subordi-
nate police officers, explained their mac
ton by declaring that they had no orders
to act, either from the governor or from
the chief of police although in some cases
they expressly asked for instructions as to
their duty. az That the Kishineff circuit
court refused to allow the governor and
the chief of police to be summoned as wit
nesSes and Intercepted as to the reasons
for their failure to give orders. in circum-
stances that so fmperatively required vigor-
Gus action
The theory that is suggested by the free
Russian press and that seems best to
plain these extraordinary facts is sub
stantially as follows:
The governor was in Geographic commu-
nication with st. Petersburg; it was his
duty to report to the minister of the in
terror, at once, SO serious occurrence as
the anti-Jewish riot in question: and he
doubtless did report 1T. The minister of
the interior upon whom the responsibility
then devolved, either directed Gov. Won
Raaben not to interfere with the rioters, or
refrained from giving any directions at all,
and so allowed the pillage and murder to
go on unchecked for two days or more In
order to escape personal responsibility for
a massacre that shocked the world, the
minister of the interior, in conjunction with
the minister of justice, then ordered the
procureur and the investigating officers of
the crown to indict only common peasants
and to exclude all testimony that tended to
incriminate officials, or men of education
and social standing. The same ministers
then ordered the Kishineff court to try the
case with closed doors; to forbid the sum-
moning of the governor and chief of po-
lice as witnesses; to prevent the introduce
case the real planners and instigators of the
attack; and to allow no discussion or inves-
LEGATION of the question of responsibility
7 Z 1t is almost impossible to believe that the
Herod" referred to by counsel for the
Jews was Mr.. Won Plehve, the minister of
the interior himself; and yet if not, why
should such extraordinary efforts be made
to shield the local planners and instigators
Of the riot? Why should the court refuse
to summon or allow to be summoned as
witnesses the governor of the province and
the chief of police of the city? Why should
1t exclude all testimony tending to show
that the rioters were mere instruments in
crush Instantly every attempt to fix the
responsibility for the murder of fifty inof-
fensive men and women, the wounding of
four hundred and the destruction of 81 ,O00,-
Coo worth Of private property? These are
all questions that Mr.. Won Plehve might
answer if he would. bold attempt is Ger
tainly being made-to shield somebody and
"Herod referred to by Mr.. Karabchefski,
Of counsel for the Jews, Is the minister Of
the interior himself. If such be the case we
can understand the exile of Mr.. Karab-
chefski to Siberia for five years by Mr.. Won
Plehve's order, reported In the New York
Sun of January 10.
If the Russian government wishes to free
itself from all suspicion of completely in
such outbreaks as those at Kishineff and
Gomel it must indict and bring to trial the
instigators of the riots as well as the riot
ers; throw open the doors of it's courts;
summon all witnesses that are called for
and punish governors who with 5000 SOL
diers at their command, allow the riffraff
of a city to wreck houses and butcher Jews
for two consecutive days.
Women and the BAR