The Richmond Virginian. (Richmond, Va.) 1910-1920, 1919-08-06
Absence of Precedent in
Ex-Kaiser's Trial Puzzles
Legal Talent Of England

cedure of the court are overruied
they have no
Remember, these arguments as
quoted are merely the arguments of
lawyers upon the abstract issues OF
the case, and do not imply that If
Wilhelm comes to trial before some
sort Of an International ribnna in
England he will no get as fair-or
perhaps a fairer-hearing than he
would in any other country. English
justice has merited over many hun-
dreds of years its reputation for
meticulous even-handedness.
In the matter of precedents-or lack
of them-for the creation OF this
court TO try the ex-kaiser, already a
b~ewildering maze of speculation has
arisen. Monarchs have been tried
and condemned by their own people
and by courts which were the creation
of Charles l. of England. and Louis
XVI, of France. Napoleon was SEN
fenced to exile at st. Helena by the
English. to be sure; but 1t was a
military and not a civil court which
passed this judgment. When Queen
Elizabeth wanted to rid herself OF
Mary, Queen of Scots, she created a
joint commission of English and
Scotch lords sitting at Fotheringay
castle and this body passed The death
sentence recommendation to the
queen. who signed it, Macmillan,
the ill-starred Emperor of Mexico,
was tried and sentenced by a court
martial.
In each of these instances there
was sound legal precedent-though
Elizabeth m have given precedent
quite a stretch to cover her deter
mination.
No authority in Britain has We
come forward with an instance of a
nation or group Of nations haling the
monarch of another before their spe-
= cially constituted court for trial.
1t is announced from Paris that
already the names OF seventy-one
German commanders deemed guilt,
of barbarisms and violations Of the
rules of warfare have been handed
in to the interallied council by the
British admiralty and that similal
lists of offenders are being prepared
by other of the allies. These men
ii a~pprehended, will not be tried b,
the same super-court holding juris'
dIctlon oVer the ex-kaiser. Those
charged with the preparation OF
outrages against more thar one O.
the allied belligerents will face a
mixed military court composed Of
representatives Of the ofende
~ od1ii dS are IIluiGleU VII
crimes against one OF the belliserents
alone will be turned over to a mill,
tary court of that power. The vel
established rules and ~precedents o.
military courts will govern both the
conduct of these trials and the met,
ing out of punishments.
Then there's another and very
knotty problem facing i~mmediatel,
nose Who wish to secure the person
OF Wilhelm. How will Holland act
Whatever h little country's desire.
may oe-and there's every evidence
the Dutch government would heays
a sigh of relief il it could be rid O.
n ex-kaiser and his graceless sor
Holland nevertheless intends Il
proceed with s~crupulous regard tt
the law, If there really is a Law
governing the delicate problem o
extradition.
III Hague correspondent of thu
Telegraf has had an interview wit
a hlghly-placed government oficia
regarding the position of HI ex-
KAISER anu the ex-crown prince II
Holland. The official said:
There have been repeated report,
ana kilograms about the escape o.
the ex-crown prince. There can bt
no question OF escape, as both the
H~ohenzollerns are at full liberty tc
leave our country. The Dutch gov,
eminent could do nothing against it
ON the contrary. we have every rea
son TO assume that they both know
quite well hat their departure would
De in no way d~isagreeable to the
government. There a only be 8
question of escape if a sudden and
unprepared departure. as 1t were b,
surprise, liz contemplated, without
any knowing where the fugitive
mas some. Such a departure would
indeed be unpleasant for the govern
ment and the country. II the ex.
crown prince is carefully guarded
1t is to render impossible such a de.
parture. which would have sometime
or the character of a flight. Should
he, however, desire, to depart in a
regular manner. Dur government
would not put the slightest obstacle
in his way.
The ex-kaiser can also leave II
ne so desires. Should. however, a
demand come for his e%xtradition, and
should he then want to depart SUD.
denly. 1t is possible that he would be
prevented. He can; according to the
extradition law. be arrested at the
request OF a foreign government, but
in such a case the demand for his ex-
| tradition must he n1ad~ uyithin : 49,.