The Washington herald., 1911-01-17
PUNISHMENT FOR
SPYING ABROAD

1ne pard0ninS power OF the Kaiser IS
much more ample in his capacity as
King Of Prussia than as German En-
peror. but could be exercised no doubt.
by him as Emperor for the benefit of
any foreign officer convincted of espion-
age.
The Kaiser's right of pardon is not de-
rived from the German constitution. but
from the code of criminal procedure,
which stipulates that in matters in
which the Reichagericht (highest Ger
man tribunaD, has passed judgment As
court of first instance. the Kaiser has
the right to pardon. Cases OF treason
come within this first instance" COM
potency OF the imperial court. there be-
ing no other court provided for the
hearing of cases against the peace of
the empire. although it is mainly resort
ed to as the supreme tribunal OF appeal.
corresponding to the Supreme Court OF
the United States or the judicial commit
tee Of the British House Of Lords.
Leipzig. where this court is in session.
and where the two British lieutenants
were tried and convicted of spying. has
been the seat of the supreme judicial
tribunal of the empire since about $50, or
ten years after the empire had been
established, at Versailles. after the
Franco-Prussian war. But it had long
been one of the most important trading
and industrial cities in the land. Recent
discoveries show that it was inhabited
as far back as the Stone Age. and in the
tenth century the fishing settlement on
the spot was sufficiently prominent for
Emperor Henry I to erect a castle there.
The establishment of three annual fairs
(messen) there was mainly instrumental
in winning for Leipzig the high position
to which il had attained commercially
by the fifteen century.
In connection with the recent trial of
the two British officers at Leipzig. it is
of interest to recall the fate of two
French officers. who. on similar charges.
We're tried there in 1894 and sentenced to
a long term of confinement in Fortress
Glatz, in Silesia. When President Carnot
was assassnated. Kaiser Wilhelm sent a
telegram of coincidence to his widow
saying that the President. worthy of the
great name he bore. had fallen like
soldier on the field of honor. while on the
day of the funeral the Kaiser caused
Prince MuensteT. German Ambassador at
Paris. to announce that the Emperor had
been graciously pleased to extend his
pardon to the two French officers incar-
cerated at Glatz as mark of his high
esteem for the late President, and of
sympathy with his successor. Casimir-
Perier." The Kaiser's act quite touched
the hearts of the grateful French.
Capt Trench and Lieut. Brandon each
got four years for spying. The British
press, in commenting upon the severity
of the sentence appears to be unduly
| harsh in its judgment. More than that,
in some instances an ignorance is dis
played of the treason laws of their own
country that really is surprising. To
start with. let us remember that the Of
fense of which these British officers were
convicted, is treated with great severity
in all countries. and nowhere more severe
than in England.
1t may be well. under the circumstances.
| 10 quote the penalties prescribed in the
British Official Secrets act. The law
makes ii a misdemeanor to ENTER Tor
| the purpose of wrongfully obtaining in
| forma ton any fortress. arsenal, dock
yard. camp. ship. Office. or other like
| place. or to obtain any document.
sketch. plan. model. or knowledge of any
thing which ne is not entitled to obtain. -
The act then continues thus:
where a person commits any act de-
clared by this section to be a misde-
| meanor. he shall. if he intended to COM
municate to foreign state such infor-
nation obtained or taken by him
be guilty of felony. and on conviction be
| liable. at the discretion of the court. to
penal servitude for life with or
without hard labor"
Let it be said right here that. COM
pared to the above, the German sentence
| is not only the lightest kind of punish
ment. but that Incarceration in a fort Is
| a concession made to officers of a foreign
| nation which. so it seems. Is not even
understood not to say appreciated, by
the English press. Incarceration in a
| German fort does not deprive an officer
| of his station in life, nor does it impose
any kind of labor.
How does this compare with the Brit
ish law-"penal servitude with hard
| labor" And. strange to say, in spite
of all this, the English are up in arms
over such dreadful severity" Conten,
yourselves. We Fleet street scribes; those
| British officers will be home again pretty
| soon. The Kaiser merely is awaiting a
| fit opportunity to make one of his dra-
matte flourishes while exercising clem-
| ency. I dare say. I know German usages
| a good deal better. and the Kaiser and
! his ways also, than my brethren in
! "Lunnon town. whose wrath is SO great
| 1t is quite clear that Capt Trench and
| Lieut.. Brandon had entered forbidden
ground. Heaven forefend that i should
| be the first to throw a stone on them.
| But they admitted it in open court. 1t
| Is none the less clear that by doing 80
they obtained knowledge to which they
were not entitled. 1t was held by that
august court that the information was
! obtained for the purpose of transmitting
! it to a foreign nation-tO wit. England.
| Thus it follows that, had German Of
ficers been convicted in British courts
| of the offenses found against the Brit
| ish officers in Germany, they would
have been liable to life imprisonment.
| Another thing. Those who point at the
leniency shown to the German Lieut.
Helm in England. should remember tina,
| the comparison with the Leipzig trial Is
not we'll made. Because in Lieut.. Helms
case the more serious charge OF lin.
| tended communication of the informa
ton obtained wrongfully' had been dis
missed. Furthermore, the nature Of the
information obtained and the manner OF
| waited in Lieut.. Helms case than in tha
of the British officers.
Assuming that the British officers wert
| rightfully cOnvinced-will any one save
perhaps. q biased British scribe. say they
were not in the face of the evidence ant
their own confession. it must be con
ceded in fairness that the sentence wa!
not only just, but lenient.
The London papers are full Of prais'
for the two ofdcers because they tolt
the truth in court Did any one expec
that an "oficer and gentleman woult
lie to the judges. especially whcn 1
would no doubt tend to make the roat
harder for them? Whereas by admitting
that which the court already knew-fo