GERMAN CRIMINAL PROCEDURE.

Stratford Evening Post, Volume XXXII, Issue 12, 27 December 1911, Page 5

GERMAN CRIMINAL PROCEDURE.

REMARKABLE ATTACKS ON

A JUDGE

Those accustomed to the solemn dignity of the English Courts will find it almost inconceivable that judicial proceedings should be disturbed by scones such as that which occurred at the resumed hearing of the charges against Count Gisbert Willf-Metier-uich, writes the Berlin correspondent of the London “Telegraph.” The. question immediately under discussion was a bill of £3O run up in 12 months with a Court bootmaker, and the accused interposed with the argument that his credit in this case could not be regarded as a fraud. His plea was cut short by a remark by one of the judges named Kriener that he was going beyond his rights with "finis statement.

To tins the prisoner contemptuous- 1 ly responded: “What is Judge Krien- i or trying to get at with these inter- | ruptions?” For this remark he was , reprimanded by the President, but, , instead of moderating his tone, he , grew more excited, and exclaimed: ; “The only one who is fair to me here , is Judge Eisner.” The President now tried persuasion, and said; “We listen day after day with imperturbable patience, and are fair to you in every possible way.” By this time the accused seemed to have lost all control over himself, for he turned to the audience and shouted : “The public is of a different opinion.” Now the President in his turn became angry, and iir indignant accents declared that it was “positively outrageous” for the defendant to make such remarks. Quite undeterred, the Count, continued in a voice trembling with passion: “Considering tlie manner in which my person is treated here, it is no wonder that I shall consider the Court prejudiced. That is to-day my firm conviction, and I shall not easily get rid of it. From the grimaces of Judge Kriener volumes could be written, and .1 will do it as soon as I am free again. I don’t know how this gentleman can consider it compatible with his oath banging his fist on the barrier in front of him—l really cannot understand it.” Prosecuting counsel now intervened with a motion that the accused should be made to expiate this explosion with the maximum penalty of three clays’ detention. It was decided to postpone the decision on this point, and the next witness was called. The prisoner, however, declared that ho would no longer defend himself, as he “had no hope of getting justice from this Court,” and the Court suspended its sitting for a few minutes to allow him to regain his composure, the President observing that at the moment lie could not be regarded as responsible for his actions. A Morse Deal. The witness whose deposition was thus postponed was Frau Risch, who sold the accused, for £125, a horse which lie disposed of for £BO. She admitted that it was she who had in quired of the German Ambassador in London “if he had any influence over his nephew,” and had received the reply that the diplomatist “would have nothing more to do with him.” T here was a long discussion as to the character of the horse in question, the defence contending that it was worth even less than the bill which the accused had given in o» change for it, and that he was really the party to the transaction wiio had reason to complain. The riding-master who negotiated the sale described the mount as a “great pig.” “What arc we to understand by that?” inquired the President, wonderingly. “It was -a rogue,” explained the 1 witness, “and very difficult to ride.” Another allegation was made against the horse that it suffered from nerves, 1 mil Had undergone the “arsenic cure.” And now the name of Major-General Pauli was called, and an infirm old gentleman, whose breast was adorned with the Iron Cross and numerous ither decorations, tottered towards the witness stand on the arm of a lady. He pleaded severe illness, and was provided with a chair, but his physical sufferings did not in any way damp the ardour of his enthusiasm for the prisoner, whom he depicted as a cavalier absolutely sans reproche. The Count, he said, was a man of charming manners and irresistible personality, quite incapable of dishonest or ; dishonourable conduct, and had every reason to hold himself fit to pretend to the hand of the richest girl in Berlin. In fact, witness 'himself

bad introduced him into a family in which an heiress to millions was seeking a husband and the project had jniy failed because of the Count’s outh. In the general’s opinion, the real culprit was the defendant’s father, who left his son in Berlin without means of subsistence. _ Witness knew officers of noble birth in Berlin who formerly did not possess a farthing, but had married millionairesses, ,iul now had “masses of money.” Ho ■id not think any the less of them for that. It was not to accused’s discredit if ho had been a bit wild.

‘When I was young,” added the veteran, “I often enough mad© a fool if myself, too.” Prosecuting counsel treated this warm eulogy rather sceptically, and asked the General the extent of his acquaintance with the prisoner. “Oh,” replied the resourceful old soldier, “that doesn’t depend on how much one sees of a person, but on one’s ability to judge character. It is possible, Mr Prosecutor, that you are not in a position to form a correct opinion about a man as quickly as an old fellow ike me.”

The President also inquired how it was, if the defendant possessed all the qualifications for securing a millionaire bride, that be had, in spite of all his efforts, failed to lead one to the iltar. To this the accused himself responded with the assertion that though bis wife possessed no fortune, her professional earnings represented i capital of two or three million, marks.

Incidental mention of the alleged international sharper, Stallmann, alias Baron Korff Konig, whose extradition has just been refused by the Calcutta Courts, elicited from the prisoner a statement that he had been introduced to this individual by an officer- of the Guard, whoso acquaintance he had made at the Royal Palaoa it Berlin.