fact that those who furnished materials for the charge never had, even in appearance, due grounds for raising it.

"(2) In opposition to our application, the witnesses for the defence named by Count Arnim, have either not been summoned, or else their examination has not been conducted in conformity with legal methods of interrogation. The persons whose names are here given have neither been summoned nor heard by commissions duly appointed for their examination.

"(a) M. Adolphe Thiers, though he has declared his readiness to be examined, and though his evidence was of the greatest importance, since it is to the effect that Count Arnim, at the right time, and in a full and decisive manner, clearly pointed out to him the demands of the German Government.

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(b) The Duc de Broglie, the Duc Decazes, and Leon Renault, whose evidence is to the effect that, by the documents, reports, and communications published in the pamphlet, Pro Nihilo, the French Government has learnt nothing which it did not know long before from the

communications made to it by Prince Bismarck, and by the ambassador of that time.

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(c) Prince Bismarck, whose evidence will be to the effect that, in his capacity of expert, he has found in the conduct of Count Arnim, during the negotiations with France, no grounds for a charge against him; and that he is not even in a position to support the suppositions, made by the Public Prosecutor, according to which Count Arnim, in the discharge of his official duty, allowed himself to be influenced by personal interests. He will also state in evidence that the charge rests on no fact which has not for years past been well-known to his Majesty the Emperor and to Prince von Bismarck; and that his Majesty has found no occasion therein to order the inquiry demanded by Count Arnim, nor to make any investigation into the charge of high treason.

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(d) Field-Marshal von Manteuffel who is to give evidence on the whole subject of the negotiations carried on between Nancy and Paris, as well as between Nancy and Berlin, behind the back of, and unknown to, the ambassador, on matters intrusted to him.

"The afore-mentioned Colonel von der Burg, chief of the general staff of Baron von Manteuffel, has been interrogated with regard to the diplomatic negotiations. But it seems unjustifiable that the Field-Marshal himself should not be questioned about his own

acts.

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(e) Baron von Schleinitz, Member of the Royal Household, who was to depose, in his capacity of expert, that Count Arnim cannot in any way be blamed for his conduct in Paris, and more particularly, for his conduct in the negotiations relating to the convention about the evacuation. M. von Schleinitz is well qualified, from his former career and independent position, to give such evidence; whilst the privy councillor Wilke, summoned as expert― and against whom we have already protested, as it is impossible to credit him with possessing the requisite knowledge-is in a position of dependence on the Imperial Chancellor, an interested party. Moreover, M. Wilke has already acted as Public Prosecutor, and taken part in the disciplinary proceedings instituted against Count Arnim.

"(3) A great many of the documents on which the accusation rests, and a knowledge of which is indispensable for the defence, have been taken from us. The result of this is that Count Arnim must reply from memory to the numerous documents which are at the disposal of the Imperial Chancellor and the Public Prosecutor. The documents in question are enumerated in our letter of the 26th of September instant.

"Moreover, the presence of our client is in nowise necessary; for, even should all the facts asserted in the Indictment be considered as admitted, although they are not admitted on our part, and have already been proved incorrect, partly from the evidence of Matthiae, shown to be false, and partly from the documents presented to the Court, as well as from the letter of Count Arnim to Prince von Bismarck, produced in Court, it would still be impossible to draw, from those facts, the conclusions arrived at in the Indictment.

"Whereas the documents, reports, and other communications, wrongly called "news," and contained in the pamphlet entitled Pro Nihilo (for news is a term applicable only to communications

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on passing events, and not to communications on historical facts):

"Whereas, those documents have not, and in reality, could not, have had the slightest detrimental influence on the relations between Germany and France, since they disclosed nothing that had not already become well known throughout Germany and France, from the sensational publications of the Imperial Chancellor in the suit directed against Count Arnim:

Whereas, from the fact that section ninetytwo, second paragraph, threatening with punishment any person openly revealing information which, as he is aware, should be kept secret from another government, for the good of the German Empire, cannot be applied in any way to this case, the High Court of Justice finds itself compelled to acknowledge in contumaciam, 'that the crime of high treason has not been committed in a pamphlet entitled Pro Nihilo, whoever may be the author thereof.' The Court of Justice is also fully acquainted, by means of the documents produced, and the letter of Count Arnim to the Imperial Chancellor, with the fact that during the negotiations with France in March 1873, the country was in