Waterbury evening Democrat., 1907-12-19
HAGGARD AND WORN.
Man Who Appeared at Bar to An
 sWer to Germany.

Berlin, Dec 19.-Maximilen Harden, was haggard and worn and his face paled and flushed alternately when he appeared before the criminal court to-day and took his place in the dock to answer to the accusation brought by the state that he had offended not only against General Count Kuno VOn Maltke, but against the interests of society in writing. in Die .Zukunft of Won Moltke, Prince Philip Zu Eu- lenburg. General Count Wilhelm Fon Hohenau and others in the manner in which he did.
 Harden smiled wearily as he ac- knowledged the solicitude of the bail if in helping him remove his fur coat. The president of the court in quired cOurteously if Harden felt strong enough to follow the proceed ings. q hope so." replied Harden. The president then invited him to leave the prisoners chair and take q more comfortable chair next to the attorneys. The prisoner was shaken from time to time with fits of cough ing. Dr Marx, Harden's physician, said when Harden arose this morning that he absolutely disapproved of his appearing in court and disavowed all responsibility on the effect of his health.
 Count Von Moltke looked to be ir much better health than when he was in court last Monday. He now and then glanced intently at Harden but the prisoner paid no attention tC him. He listened languidly to tho long arguments of the lawyers con- corning the jurisdiction of the court Counsel for Harden moved that thu proceedings be quashed on tho ground that a person could not bt tried in two courts at the same time By reason of the appeal and the sub sequent processes the proceedings 1T the magistrates court, counsel declar ed. had not yet come to an end. The attorney for the state, Dr Isenbiel declared that he had the legal righ to bring the case before the crimina court in spite of the fact that he hat refused to institute the prosecution of Harden before Won Moltke begaT his private complaint on the ground that the interests of the state were ir no wise concerned. During the hear ing of the private suit, representa- tives of the ministry of justice haC perceived that the interests of th' public were affected, and he now brought this prosecution in order tC protect these interests.
 As the hearing progressed man! young judges came in from the other courts and took chairs behind the bench where sat the five tria judges. Fifty or sixty newspaper men representing the press of Amer ica and Europe occupied almost all the space in the small court room Tn addition there was only room fol less than a hundred other spectators Among these were a few women The number of spectators diminished howeer, when it becvame evident that the bickerings of the lawyer' were likely to continue most of tho day.
 At the conclusion of the argI ments Of counsel the judges an nounced that they were competent to try the case. The defense at oncs entered an exception Thr was ther a recess
 When the hearing was resumed tho president of the court askesl whether or not the hearings should be con tinued in public. Dr Isenbiel and DI SeIIo. for Won Moltke. and Herr Bern stein for Harden declared that tfey and their clients desired the fullesi publicity. Dr Isenbiel reserved ths right to ask that the public be ex' eIuiled during the taking of testimony relating to shameful vises
 The indictment against Hsrien wal then read by the first assistant judge It Ts a Io1g documeat covering Hard e11s pelIfe4l srticisz in Die Z1ku1fi for period of several Hoaths-