The sun., 1908-02-21
STOESSEL CONDEMNED TO DIR
BUT COURP URGES THE GEAR TO
COMMUTE TEE SENTENCES.

About the Surrender OE Port Arthur
which We're Brought Out At the Trial
Special Cable Despatch % TEE SUN.
ST. PETERsBUR0. Feb. 9O.-ThO court
martial trying the Generals for the sur
render Of Port Arthur delivered lts judg-
ment to-day. Gen. StOessel was condemned
to be shot and Gen. Fock to be rsprimanded.
Gems. Reuss and Smirnof were acquitted,
The court room. which was the concert
hall OF the Army and Navy Club. was
crowded. mostly with officers. Several
women were present. The court had
spent Wednesday and Thursday oonsidsr-
ing its verdict.
It was o'clock this evening before the
court room was opened to admit the public
to the final act Of the proceedings. The
accused Generals. as at previous sessions.
took their places among the crowd Of offaosrs
at the back Of the court room. At $50 the
court entered, headed by its president
Gen. Vodar. The judges walked TO tho
centre Of dais and stood beneath portrait
of the Car while Gen. VOdar read the de-
cision. .r
During the delivery Of the sentence.
which was brief, there was tsnse silence In
the court room, except for a Suppressed
gasp when Gen. Vodar read that Gen.
Stoessel was condemned 70 death for sur
rendering Port Arthur before an means
Of defending the fortress bad been oE-
- ,.,I s,,.& Sb,~, $4,000 - hSa AnTln.w
officers and without tho knowledge Of fts
oommandant, Gen. smirnoH-
The court had, however. Gen. Vodar
announced, decided to petition the Char
graciously to commute the sentence 20
ten years confinement In q fortress In
consideration Of the facts that Port Arthur.
beset by overwhelming forces, defended
itself under Gen. Stoessel's leadership with
a stubbornness which astonished tho world
at the garrisons heroic courage; that Sow
eral assaults were repulsed with the iniiiO-
ton of tremendous losses on the enemy;
that Gen. Stoessel throughout the siege
sustained the courage Of the defenders,
and that he had energetically participates
in three campaigns.
At the declaration that he was sdjudgsd
worthy Of death Gen. stoesssrs face be-
trayed momentary uneadness. but other
wise he was outwardly unaneotod and
he stood with sOldierlike riGidity With hia
eyes fixed on the president OF the cdNEt
Gen. Fock. whose reprimand was NtoE
offences against discipline. was gTimly
unmoved Gen. Smirno6 looked quietly
pleased. and Gen. Reuss's eyes oiled with
tears.
Immediately the sentences we're delivered
Gen. StoesSel received sympathetic en-
braces and handshakes from many friends
He left the court room leaning on the
shoulder Of his son. who was also military
officer at Port Arthur.
The officers present at once signed .
petition to the Czar invoking clemency for
Gen. Stoessel
Criticism Of Gen. Stoesseps surrender Of
Port Arthur began In Russia when It be-
came known that the commandant OF ths
fortress, Gen. Hmirnoff, had refused TO give
his parole and when official figures revealed
the number Of men surrendered and tho
quantity Of provisions and military stores
on hand. Since then Gen. Stoessel sank
rapidly in public esteem.
Gen. SrniTnof prepared report On the
siege while a prisoner in japan andpres6nted
it to the commission appointed by the
Emperor to investigate the surrender.
The commission In recommending tho
trials Of Gems. Stoessel, Fock, Reuss and
Smirnof for the premature and treasonabl0
surrender Of the fortress threw aside all
minor insinuations and based its accusations
ON Smirnoff's report. SmirnoR was form
ally charged with failure to prevent the
surrender, although the commission was
convinced that he was powerless TO do %.
The trial assumed from the beginning
the form Of a legal duel between SmiTno6.
who was allowed to present himself morally
as an aocuser Of the other three defendants,
and Stoessel and Fock. Reuas was rele-
gated to the background as q tool Of Stoes-
sells.
The court, specially appointed by tho
Emperor under a law passed TO Mt the case.
was composed Of nine Generals averag ginR
more than 70 years old and In broken health.
with Gen. Dulrmasson as president. It
sat in the handsome white ballroom OF the
Army and Navy Club and attracted crowds
OF indefatigable spectators.
Smirnoff's report. which was sustained in
all essentials by the evidence. was a remark
able narrative. closely knit together. As q
matter Of fact Stoessel never tried to meet
the charges brought against him. His
defence In brief was that the capture Of
2OS Metre Hill and Great Eag gle's Nest allowed
the Japanese TO destroy the Russian feet
In the harbor and then to lombard Port
Arthur as never before, and that capture by
storm being imminent it became his duty
to prevent repetition Of the massacre Of
the garrison which took place in 1895. when
the fortress was taken from China. Stoessal
was sincere in bis fear that tho japanese
would again cut down everybody they mot.
Goaded to desperation by his critics in
the press. Stosssel issued q formal state
ment addressed to his enemies. The most
partial examination Of this pamphlet. as
well as his testimony before the court.
merely strengthened the impression he