New-York tribune., 1908-01-05
uR. HARDEy'S CONVICTION.

There are Judges in Berlin and their juds-
ments must be res rected even when at nrst
sight they seem contradictory A little more
than Il month ago Maximilian Harden was
tried on the charge of having libelled Count
Kuno Won Moltke, and was acquitted, the court
requiring the plaintiff 20 pay the costs OF the
suit. DIR. Kern. the presiding justice, declared
that the discriminating statements made by MI
Harden against Count Won Moltke had peen
proved. though there was no question OF holding
that the latter had committed offences in the
sense of the law Yet now, on the basis OF the
identical publications, Mr.. Harden is convicted
of having Ebelled Count Won MOltke ana S
condemned to four months Imprisonment
The explanation of this apparent contradic-
ton in justice is made sufficiently clear in the
reports of the second trial. There was OF
course a difference between the two suits. The
former was a civil suit brought by Count Won
Motke for alleged injuries to his reputation
The latter was a criminal suit brought by the
public prosecutor for an offence against PUBIC
morals. Thus there was no impropriety in DIS
being tried a second time for the same acts Inc
Judges in the first trial held that Mr. Harden
had proved the truth of his statements. and he
certainly seemed to have done so. But on the
second trial his witnesses repudiated or contra
dicted their former statements and were largely
discredited. and his whole case broke down, so
that he could only plead that if he had erred
he had done so sincerely and with no Other
motives than desire to serve the public good.
Convinced that he had made his scandalous
charges on entirely insufficient evidence. the
Judges found him guilty. and sentenced him to
Imprisonment in view of his poor health merci-
fully making the term only four months. The
non11lar opinfon seems to be that the Judgment
was just one.
There have been ruflors that a conviction OF
Mr. Harden would be followed by the complete
rehabilitation of Count Won Moltke and his
restoration to high office and to the imperial
favor Doubtless that would be the logical
sequel 20 this case if last weeks judgment were
taken to prove Mr.. Harden a wicked calum-
niator and Count Won Moltke an innocent and
injured man. We shall know more about it
presently. and it will be pretty safe to accept
the future status of Count Won Moltke as in
dcative of his real worth. For nobody has
followed the case in general and in detail more
closely or with more practical personal inter
est than Emperor William himself. and there is
nobody who would be less likely than he to
overlook or TO cOndone in any degree either the
public or the private offences with which Count
Won Moltke has been charged. If the Emperor
restores that officer to favor and place, there
fore we may be sure he has been convinced or
his innocence of either the debaucheries of the
Round Table or the sinister political prac
tees of the "Camarlla" If Count Won Motke
is not thus restored that will be a pretty I'M
mistakable Indication that the Emperor consid-
ers him guilty. In any event, Mr.. Harden
publications and his two trials have produced
farreaching effect upon political and even con-
stitutional affairs-which is precisely what their
author wanted to do. Whatever may be the
truth concerning Count Moltke, an appar-
emily ineradicabe belief prevails that gross evils
had for some time prevailed in a portion of the
imperial court circle, which have now been
largely, if not wholly eradicated as result of
Mr. Uarden's attacks. That more Salutary po-
Iitcal influences prevail, as effects of the same
cause is also to be believed.