New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-01-11
Word Of Accused Men Pre-
ferred to Sworn TeSti-
mOny of Civilians.
LIEUT.. Won FORSTNER
WINS ON APPEAL
German Court Martial Jrstihes
Colonel Won Refers Acts on
Decree Dated 1920.

Strassbure. Jan. iu.-Courts martial
to-day acquitted ali the German army
officers charged with breaches of the
law in connection with the recent vio-
lent incidents between the military and
civilians of Zabern. the military judges
in all cases accepting the word Of the
officers against the sworn testimony OF
the civilian witnesses.
Colonel Won Reuter-. commander OF
the 99th lnf3ntyy was charged with
wrongful imprisonment but the court
found his acts iustifable and set him
free Lieutenant Schad. accused OF
striking a prisoner. was also released
by the same court on the ground that
the charge had not been proved. Lieu
tenant Baron Won Forstoer won ms
npreal before second court martial
against the sentence of forty-three
days imprisonment imposed on him on
Decembe ~ on a charge Of sabring
lame shoemaker. and was accorded his
liberty.
The justification of Colonel Won
Reuters acts was based by the court
on decree issued by the King Of
Prussia in 1870. which gave the right
20 the military 10 intervene without
waiting for a request from the civil
authorities in case the latter were
powerless to suppress disorders. The
fvg Cd in,
Gently issued army service instruc-
tons and is valid at the present date
N Alsace. although subsequent laws do
not authorize military action without
requisition from the civilian authori
ties.
The decree was issued at the time Of
the Holy Alliance which existed from
1915 To 1880 between the European
soveregns. and was intended To per
petuate the reigning dynasties and pre-
vent revolutions.
Colonel Won Reuters retention Of the
civilian prisoners overnight, although
recognized by the court a. illegal in
itself. was considered iustif ID, be
cause the transfer of the prisoners al
night might, in the opinion OF the court.
have caused most serious disorders and
perhaps bloodshed.
In the case Of Lieutenant Baron Won
Forstner il was decided that the Grip
pied shoemaker had made a threaten
ing remark 10 the officer, and when
they heard the testimony OF one of Won
Forstner's men, who sWore that he had
found a pocket knife in the shoe
makers pocket, they declared that
Lieutenant Won Forstner had been JUS
tilted in So bring the shoemaker.
The court ordered that the costs Of
the suit should be paid by the state.
fBv Cable 70 The Tribune
Paris. Jan. 1O.-The acquttal Of Colo
mel Won Reuter- and his two lieutenants
causes no surprise whatever in France.
but is regarded as a judgment that Al
SAGE will long remember and that
France will never forget Leading
French statesmen consider that the
Ia bern verdict will become a milestone
i'm German history. indicating the in
ception of new struggle between the
military regime and civil authority and
as the beginning Of the German coun-
tcrpart 10 what the Dreyfus affair
finally established in France. namely.
the supremacy Of the civil over the
military authority, which, hopeless as
the task seems to-day in Germany. VIII
eventually be accomplished by the Ger
man people
lie Temps" lie Figaro and lie
Petit Parisien" voice the popular feel
ing here. namely, that the verdict is
brutal affirmation Of mlitarism as I'M
derstood in Prussia. the militarism of
the DAYS of Frederick the Great, and as
demonstrating the supreme contempt
Of the civil authority.
Berlin, Jan. 10-The acquittal OF Colonel
Won Reuter-. Lieutenant Schad and lieu
tenant Baron Won Forstner at Strasburg
is apparently a victory for the army all
along the line but it is already evident
that there will be a serious aftermath
and crisis graver than that In Deem
Der is predicted.
The parties whose vote of non-conh-
dence i'm the government was prompted by
Indignation over an isolated incident OF
military aggression are now lining up, II
is said TO defend constitutional principles
and demand the notification OF the decree
OF 1900 which sets at naught subsequently
enacted laws and which, II upheld'
s,,bordinates civil TO military authority
throughout Prussia.
The National Liberals, who were the
most uncertain element in the December
majority. will. according To AN evening
paper. participate In the ne" attack on
the government next week.
The rmperial Chancellor, Dr. Won Beth
mann Hollwes. speaking in the House OF
Lords to-day. nung defiance at his Liberal
critics and pledeed himself TO maintain IN
violate tho army's right To be free OF
Parliamentary control. He also referred
TO the Ministrys disregard for the reso-
luton OF non-conhdence adopted by the
Reichstag
The court martial proceedings nave APP
parentlv turned public sympaihies 10
considerable extent IN the direction OF
Colonel Won Reuter- and his officers Even
,,,,,st,ion naners admit that there was