The New York herald., 1921-05-24
COURT BEGINS TRIAL
OF WAR CRIMINALS
PlaIssian Sergeant First
Case to Come Before
Judges at Leipsic.
CHARGE OF BRUTALITY
Accused OF MiStreating
Prisoners in Camp at
Herne, Westphalia.
BIG OFFENDERS TO COME
Submarine Commanders TO
Plead .0rders' for Sinking
Hospital Ships.
BIG OFFENDERS TO COME

spectal Cable to THE New YoRK HERALD,
Copyricht. 1851, bv TIE NEW YORK HERALD.
LEIPslc. May 23.-The first of the
long awaited and long delayed trials
of the war criminals before the High
Court organized by Germany for this
purpose began here to-day. and in
stead of being, as was originally con-
ceived. an attempt TO bring some one
in authority to book for the major
crimes committed in the war. the
reckoaing was With a Prussian SER
geant named Karl Heyne, who was
charged with having mistreated p'is-
oners of war in the camp at Herae, in
Westphalia.
Whatever important international
principles may be involved or estao-
lished in the later trials, the first one,
at least, promises to be only routine
case, producing such testimony rs has
already been given in innumerabls IN
stances where the brutality Of Prus-
sian non-commissioned officers has
been shown.
And yet the trial here to-day was
staged with all the seriousness of an
epoch making procedure. Behind the
high bench sat seven judges In violet
robes and wearing white neckpicces.
In row before the court sat Sir
Ernest Pollock. British Solicitor Cen
eral, and his six colleagues, who Will
observe the first two trials without
active participation in the prosccu
ton.
Special Importance Is attached to the
trials which will follow this one, as then
certain German submarine commanders
will be arraigned In view OF new
points OF international law the defence
viii argue particularly against the le-
gality OF convicting a subordinate for
obeyirg the orders OF his superior Off
GER This point Is expected to play an
important part in the cases OF submarine
commanders who are charged with sink
ing hospital ships. 1t viii be asserted
by the defence that these submarine
commanders were compelled to do as
they were ordered by their superiors.
who. Il will be asserted, had evidence
that the hospital ships were being used
to carry troops.
But in the first trial. the examination
of Sergeant Heyne, the accused. pro-
duced little that warranted the careful
staging OF the trial. Sergeant Heyne
stood all this morning before the pre-
siding judge. He was typical or the
Prussian army sergeant often encoun-
tered In Germany-with a thick neck,
head rs round as melon, an ener-
getic voice and possible shrewdness
withal. Now and then he was piqued
by the judges steady stream of COM
ment, and once he fiared up and shouted
"Mein Herren I" at the bench. But on
the whole he seemed TO have been care
fully prepared for the ordeal and he had
reasonable explanations TO meet most of
the charges made against him.
The defence apparently hopes to save
this cog in the Prussian military ma
chine from bearing the odium OF the ma
chimes defects. On being accused or
having forced British prisoners OF war
tc work in the mines against their viii
Sergeant Eeyne answered that he had
not been instructed In International law
regarding prisoners. and that he had, on
the contrary, seen his superiors In the
Muenster camp force British prisoners
to work He declared also that his SUI
perlors had told him OF severe treatment
that had been accorded German soldiers
in enemy camps. The brutality prac-
tised, however. he himself could not
gainsay. lie might have thrown stones
at prisoners. he admitted. but while he
wss q private in the army his sergeant
had thrown stones, "and what one is
taught one is likely to learn" he de-
ciared.
The Judge replied that Englishmen
were not accustomed to such treatment
and plainly implied that the prisoner
had failed to absolve himself or his
honor.
Sergeant Heyne explained a black eve
one OF the prisoners in his camp received
might have been received as a result OF
roughness in separating men once. but
that II was not caused By an intentional
blow. Epithets OF swine" &c, which
he was alleged to have used. were. he
asserted. the result OF a misunderstand-
ing. Once he told the prisoners they
would have pig knuckles to eat. and
once he told them they must not throw
rubbish into the courtyard like pigs and
had spoken of "piggishness." but he
never used any animalistic epithets." 4
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