The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-01-04
JUDGE REVIEWS THE CASE
Sentence Is Lightened Owing To Har-
den's Illness and Convicted Man
Is Allowed To Make a Final
Plea In His Own Defense.

Die Zukunft was sentenced to four
months Imprisonment and to pay the en-
tire costs of both the present and the for
mer trials.
When the court reassembled at 5:45
this evening, the president of the court
at once delivered his judgment. The pres
ident said that in spite of the prisoners
assertion that the insinuations contained
in the article referred merely to the scien-
tifc and artistic leanings of Count Won
Moltke and Prince Philip Zu Eulenburg,
and that they had nothing whatever to do
with immoral or unnatural practices. 1t
was evident that if this was the meaning
it had been intended to convey the ar
ticles were senseless and purposeless.
There was no doubt the president of the
court declared, that Harden had meant
to imply that Count Kuno Won Moltke
was possessed of unnatural inclinations,
while his reference to the intercourse be-
tween Count Won Moltke and Prince zu
Eulenburg certainly left the impression
that illicit relations existed.
The intention of the prisoner was to de-
grade Count Won Motke and Prince Zu
Eulenburg in the eyes of the public.
Charges Disproved.
The proceedings had proved that all the
charges made by Harden were absolutely
without foundation. Both the count and
the prince were men of artistic tastes,
whose friendship, dating from their
youth, had grown stronger with the pass
ing of years. Harden had founded his
charges primarily on statements which
he asserted had been made by the late
Prince Won Bismarck, who, if he really
did say these things. had done so in a
moment of anger. Then Harden had re-
celved communications from Mrs. Won
Elbe, the divorced wife of Count Won
Moltke, a hysterical woman, who was
embittered against the man to whom she
had been unhappily married. while the
assertions made by DR.. Schweninger. who
was at one time physician to Prince Won
Bismarck, were undoubtedly biased. Har-
den had never attempted to obtain proofs
which could easily have been had If they
had been IN existence. All the charges
had been utterly disproved during the
trial, and Harden could have disproved
his charges himself before publishing the
articles. Even the notorious incident.
4
handkerchief which belonged to Zu Eu-
lenburg, had been shown to be perfectly
harmless
Count Won Dloltke," said the president
In conclusion, leaves this court with his
name and his honor untarnshed and
nothing whatever has been proved against
Prince Philip Zu Eulenburg. No fine would
sufficiently punish Harden for his Of
fense, and 1 must therefore sentence him
to Imprisonment. But in consideration
of the health of the accused, I will send
him to prison for only four months
1t is understood that Harden has en-
tered an appeal.
Harden Speaks.
Harden was sufficiently recovered to-
day to appear in court. He was at
tended by his own physician, DIR. Eisen-
berg. He spoke in his own defense. In
the beginning his voice was feeble and he
could scarcely be heard, but later he
developed something like his customary
elocutionary vigor. His firstimpression con-
cerning Prince Philip Zu Eulenburg and
the persons attached to the Princes in
terests at court had been gained, he said.
from the late Prince Won Bismarck and
members of his household These impress
sions had been supplemented by converse
tion with Mrs. Won Elbe, the divorced wife
of Count won't Moltke, Professor Sehwen-
niger who was Bismarcks physician, and
others Harden said he assumed full
responsibility for what he had written
but not for the Interpretation given by
other people to his articles. If he had
intended to write against the private life
of Won Moltke he had had for many
years in his possession material that he
could have used. He had refrained from
publishing the things against Won Moltke
that he had heard from Prince Won Bis
marck, Mrs. Won Elbe and Professor
Schweninger until Won Moltke reached
position in the encourage of the Emperor
where his influence might be injurious to
the fatherland. 1t was impossible to OBJ
tain absolute proof, Harden said but
he was convinced that a ring had been
formed around the Emperor which he
was determined to break through II his
articles had accomplished this result he
was glad, but il in his writing he had
libelled Won Moltke all he could say he
had never intended to do so
Harden continued: Nobody knowing
me could imagine that l would deliberate
ly defame anyone. Everybody is aware
that l was working purely for political
motives. If, however, owing to the pe-
culiarity of my style this tribune con-
siders that 1 should be punished, then
am prepared to undergo imprisonment
but 1t will be with the conviction that |
do not deserve this punishmbent"
Harden spoke for two hours and a half
At the end of his address the court TOOK
q recess until O'clock