Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-12-19
HARDEN TRIED AGAIN
II, But Manages to Appear in
the Courtroom.
ACCUSER OF Won M0LTKE
Hearing Is the Center of Attraction
for Many Glasses.
DAYS SESSION NOT EVENTFUL
Taken Up Largely by Arguments on
Technical Aspects of the
Famous Case.
DAYS SESSION NOT EvENTFUL

BERLIN. December 10. - Maximilien
Harden was haggard and worn and h
face paled and flushed alternately when
lie appeared before the criminal court to-
day and took his place in the dock to
answer the accusation brought in the
name o. the state that he had offended not
only against Gen. Count Kuno Won Moltke,
but against the interests of society, in
writing in Die Zukunft of Won Moltke,
Prince Philip Zu Eulenburg. Gen. Count
Wilhelm Won Hohenau and others in the
way in which he did.
Harden smiled YEARLY as he acknowl-
edged the solicitude of the bailiff in help
ing him remove the fur coat in which he
was wrapped.
The president of the court inquired cour-
teously if Harden felt strong enough to
follow the proceedings.
Il hope So" replied Harden.
Treated With Consideration.
The president then invited him to leave
the prisoners bench and take more COM
Portable chair next to the attorneys. The
bailiff spread out Harden,s fur coat on the
chair in order to make him as comfort
abb, possible.
The prisoner was shaken at one time
with fits of coughing, which he tried in
vain to suppress. DR.. Marx. Harden's
physician, said when Harden got up this
morning that he absolutely disapproved
of his appearance and dsavowed all re-
sporsibility for the effect on his health
Count Won Moltke looked to be In much
better health than when he was in court
last Monday. He now and then looked
ently at Harden, but the prisoner paid
n, attention to him. He listened languid-
corning the jurisdiction of the court. This
discussion lasted for two hours and a
half.
Position of the Prosecution.
Counsel for Harden moved that the pro-
ceedings be quashed on the ground that
a person could not be tried in two courts
at the same time. BY reason of the ap-
peal and the subsequent processes the
proceedings in the magistrates court,
counsel declared, had not yet come to an
end
The attorney for the state. DR.. Isenbiel.
declared that he had the legal right to
bring the case before the criminal court.
in spite of the fact that he had refused
to institute the prosecution of Harden
before Won Moltke began his private COM
plant. on the ground that the interests
of the state were in no wise concerned
During the hearing of the private suit
representatives of the ministry of justice
had perceived that the interests of the
public were affected, and he now brought
this prosecution in order to protect these
interests.
AS the hearing progressed many young
judges came in from the other courts
some in their black robes. and others in
ordinary attire, and took chairs behind
the bench where sat the five trial judges
Hearing Will Be Public.
Fifty or sixty newspaper men represent
ing the press of North America and Eu-
rope and half as many other journalists
who came out of professional curiosity
occupied almost all the space in the small
courtroom. In addition there was only
room for less than d hundred other spec
tators. Among these were few women.
The number of spectators diminished,
however when it became evident that dis
cusSion of the jurisdiction of the court
was likely to continue most of the day.
At the conclusion of the arguments
of counsel, the judges announced that
they were competent to try the case. The
defense at once entered an exception.
After recess of fifteen minutes the presi-
dent of the court asked whether or not
the hearings should be continued in pub
lie DR.. Isenbiel and DR.. Selle, for Won
Moltke, and Herr Bernstein for Harden,
declared that they and their clients de-
sired the fullest publicity. DIR. 1senbiel re-
served the right to ask that the public be
excluded during the taking OF testimony
relating to shameful vices
The indictments against Harden was
then read by the first assistant judge. 1t
is a long document covering Harden's po-
ljticai articles in Die Zukunft for period
of several months.