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the warrant of detention, or "Verwahrungs-Befehl," is not alluded to. Now, this warrant had not been issued so late as 4 o'clock P.M. on the 15th instant.

The Ober-Procurator further says, that the prisoner was examined by the Juge d'Instruction. This ought to be proved. He was examined, but by an under officer, and, as no warrant was issued, the detention was illegal.

I understand that the Ober-Procurator has already commenced proceedings against Dr. Perry, one of the persons who signed the protest against the State Procurator; but as ere this your Lordship will have made application to apply the 159th paragraph of the Criminal Code, I hope that the preliminary proceedings will be inhibited until the proper inquiry into Möller's conduct be finished.

Inclosure 3 in No. 6.

Extract from the "Cologne Zeitung" of September 23, 1860.

(Translation.)

THE communication contained in No. 263 of the "Cologne Gazette," stating that a Captain Macdonald had been arrested by the Railway Police, on the 12th of this month, for not conforming to the directions of the railway officials, and not only kept in custody, but that the Courts had not chosen to hear him until the 16th September, is, especially as regards the latter part of the statement, not true. Macdonald was arrested for having, he being a foreigner, assaulted and insulted the Station-master in the discharge of his functions, on the 12th instant. His case was heard by the Juge d'Instruction; on the 14th, the examination of witnesses took place, and on the 15th the "Strafraths-Kammer" referred the case of the accused to the Tribunal of Correctional Police, and on the 15th instant the sentence of the Court was pronounced.

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The protest that appeared in No. 263 of the "Cologne Gazette" by several English inhabitants of Bonn, against the expressions used by the Public Prosecutor Möller, in the sitting of the Tribunal of Correctional Police (not Police Court) of the 18th instant (not the 17th), are founded, as far as I have been able to ascertain, on an incorrect representation of the case.

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Explanatory Statement by the English Residents at Bonn, which the " Cologne Zeitung" refused to publish.

(Translation.)

THE Public Prosecutor, von Ammon, in Bonn, has published two reports bearing date the 21st instant, which are calculated to mislead public opinion out of Bonn.

What is especially remarkable about the first report concerning the arrest of Captain Macdonald is, that while several unimportant dates are therein mentioned, that of the warrant issued against the Captain is not mentioned at all. The warrant was, namely, not issued until the 15th instant, nor was it handed over to the Governor of the jail until after 4 o'clock in the afternoon of the same day.

The second report, having reference to a protest made by several English residents in Bonn, against the attacks of the Public Prosecutor, Möller, is hardly to be understood, as there is but one feeling in Bonn, namely, of reprobation of Möller's conduct, there being more than thirty witnesses who are ready to confirm the facts mentioned in the protest.

(Telegraphic.)

Inclosure 5 in No. 6.

Lord Bloomfield to Mr. Lowther.

Cologne, September 23, 1860, 3 P.M. THE Ober-Procurator at Bonn has instituted proceedings against Perry for inserting in Bonn newspaper the protest of the English against Möller.

Proceedings ought to be delayed until inquiry into Möller's conduct is closed. I understand that the 159th paragraph of the "Straf-Gesetz-Buch" declares, that any matter arising out of a previous subject of litigation cannot be proceeded with until that previous matter is determined.

It is to be hoped, for the ends of truth and justice, that the witnesses against Möller he examined on oath, and selected from amongst the numerous persons present and listening to the trial.

Pray communicate immediately with Baron Schleinitz.

No. 7.

Lord Bloomfield to Lord J. Russell.-(Received at Coburg, October 2.)

(Extract.)

Berlin, September 29, 1860. CONCEIVING that I should be advancing the ends of justice by making known to Baron Schleinitz the report which Mr. Consul Crossthwaite had addressed to me, which I have the honour to inclose herewith, on the subject of his various interviews with the individuals concerned in Captain Macdonald's arrest and imprisonment, I have read to his Excellency an extract of this letter, and left it with him for his information.

(Extract.)

Inclosure in No. 7.

Consul Crossthwaite to Lord Bloomfield.

Cologne, September 24, 1860.

IN accordance with your Lordship's wishes, I have now the honour to make the following report on the subject of my interviews with the individuals concerned in Captain Macdonald's arrest and imprisonment.

On Thursday evening, the 13th instant, I received a telegram from Bonn, requesting me to attend on the following morning. I accordingly went and saw the Railway Inspector Hoffmann, he was much excited against Captain Macdonald and his party, saying, they could not be respectable people. I asked him to give me a statement of facts. He then said: "On the arrival of the train at Bonn, I was called to the carriage in which a party arriving from Mayence had come; complaints were made by ladies inside of the conduct of the person called Captain Macdonald; a violent altercation ensued, and Dr. Parow, who had entered the carriage, requested me to remove the Englishman. I then desired him to get out, and pointed to another carriage for him and his party. He refused, and I then gently laid hold upon him, whereupon the Englishman struck me a heavy blow upon the chest. My assistants then went round, and, entering the carriage by the opposite door, ejected the Englishman. After the train had passed on, I took the party into my office and pointed out to the Englishman that he had violated the railway regulations, and by his resistance to my authority he had to deposit 10 thalers as Cautionsgeld,' or go to prison. He then again became violent, and I then gave him in charge of the police." He added that "such disgraceful conduct must be punished."

I observed to him that I did not come over there to encourage my countrymen in assaulting or striking the authorities; my object was to inquire into the case, and if possible to get the gentleman released from the place in which he was confined. Hoffmann then advised me to see the Commissary of Police.

1 accordingly went to this functionary. He seemed to treat the matter very lightly, and, after stating the manner of arrest, advised me to see the State

Procurator Möller, in the absence of the Ober-Procurator, and he said that it was a serious offence to strike a railway officer; but, as the Englishman did not understand German, and could not know the laws of the land, he did not doubt that the affair would be settled by the infliction of a small fine, and, if I wanted to get him out of prison, he recommended me to offer M. Möller bail to the amount of 100 or 150 thalers.

I then repaired to the State Procurator Möller; after stating the object of my visit, he said that Captain Macdonald had subjected himself to a punishment of at least fourteen days, or as much as two years. He expressed great indignation at the Captain's conduct, and alluded to the manner in which the English generally conducted themselves on the Continent as if they were not in a civilized land. I replied, that perhaps a few might misconduct themselves, but such a complaint could not be made against all; he said, at all events, people who travelled must know they cannot strike down a railway officer in the execution of his duty. I pointed out to him that I understood Captain Macdonald was an Officer of Her Majesty s Body-Guard, and, setting aside his rank, it was a serious thing to arrest a British subject and to send him to jail like a felon : that unless he were speedily released it might have serious consequences; to this Möller replied: "Nun, dann wollen wir es darauf ankommen lassen" (We will run the risk of that). I asked if Captain Macdonald could be released on bail, offering to deposit cash to any amount. To this he replied: “I will not take bail, but, if you like to petition the Court, and offer to deposit 500 thalers, you can do so, although I tell you beforehand that I shall oppose it. I quite understand what you want-to get the Englishman out on bail, and then he will run off to England, not caring about the money; no, we must make an example of him." I again pointed out to him that the gentleman was in his right, and only endeavouring to keep his places for self and friends, that he could not speak a word of German, and was entirely ignorant of the laws and customs of the country. I asked if, as British Consul, I had a right to visit my fellow countryman at the prison? He did not object to my having access to the prisoner, although the regulations of the prison fixed certain days and hours for visiting. He wrote an authority for me to see the prisoner on the back of the card which I sent in to introduce my name to him. I asked him how long it would be before the prisoner would be brought to trial. He said: "I will endeavour to bring the cause on, if possible, on Tuesday next, otherwise he will have to remain in prison ten days longer, as the Court only sits at intervals." I then took my leave and repaired to the prison.

It is unnecessary to trouble your Lordship with further details. Respecting the trial itself, I have to remark, that the Interpreter appointed was incapable of translating.

No. 8.

Lord Bloomfield to Lord J. Russell.-(Received at Coburg, October 2.)

My Lord,

Berlin, October 1, 1860.

I HAVE the honour to acknowledge the receipt of your Lordship's despatch dated Coburg, September 28, and am much gratified to learn that my conduct in the case of Captain Macdonald is approved of.

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I wish it were in my power to report that any progress had been made, and that I saw a better prospect than when I last wrote, of this affair being brought to a conclusion; but up to the present moment nothing has occurred to give me increased hope of attaining a proper amount of reparation from the Prussian Government.

I saw Baron Schleinitz this morning, when he merely confirmed what he had before told me, that the inquiry against M. Möller continued, and that nothing had yet come to light which proved a departure from the usual legal course, and that without that proof the Minister of Justice could not remove him from his post.

He alluded to the proceedings for libel which had been instituted against the English who signed the protest, and said that this trial might produce evidence against M. Möller; and he gave me to understand that, if any proof

could be found of his having acted illegally, the Prussian Government would act with that severity against M. Möller which the case demands.

I then told his Excellency that I had received a despatch from your Lordship in answer to my reports on the subject of Captain Macdonald's arrest, imprisonment, and trial, and that it was very gratifying to me, as it contained the approval of my conduct by Her Majesty's Government, and I read it to him.

When I had finished, he asked me to leave it with him, which I at first declined doing, saying that though it might be well for him to know your Lordship's opinion on this subject, the despatch had not been written for the purpose of communication. However, he still pressed me, observing that his hands would be strengthened if he could show this despatch to his colleagues in the Government, and I finished by consenting to leave it with him.

I cannot pretend to say what result may attend this communication, but Baron Schleinitz appeared to believe enough in the truth of Captain Macdonald's story to induce him to express the assurance that, if the action for libel now going on at Bonn went against Möller, he should press the Minister of Justice to give the necessary reparation to Her Majesty's Government.

No. 9.

I have, &c.

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Lord Bloomfield to Lord J. Russell.—(Received at Coburg, October 2.)

(Extract.)

Berlin, October 1, 1860.

I INFORMED your Lordship by telegraph that some of the English residents at Bonn had been accused of libel for the protest against the language held by the State Prosecutor Möller on the occasion of the trial of Captain Macdonald, which they signed and caused to be printed in the Bonn newspaper.

I think it advisable to employ a competent person to take notes during the trial, in order to secure a full and exact account of the proceedings, and I hope your Lordship will approve of this precaution.

I have the honour to inclose, for your Lordship's information, a letter published in the Bonn newspapers by Dr. Parow, in which he endeavours to exculpate himself from having been the cause of the altercation at the railway station.

Inclosure in No. 9.

Letter published in the Bonn Newspapers, by Dr. Parow.

(Translation.)

THE Bonn newspaper contains the following declaration of Dr. Parow with respect to the affair of Captain Macdonald :

"Bonn, September 24, 1860. "On my return from a journey, I was made aware of a publication of several of the English residents here, and of the notice respecting the sitting of the Criminal Police Court of the 18th of this month, and I think it my duty to make known the following facts:-On the 12th ultimo, in the afternoon, I and my wife, after the signal 'ready' had been given, were directed by the guard on duty to enter a railway-carriage, which to all appearance seemed to offer room. This we tried to avoid doing, because an Englishman, who was inside, asserted that the places were engaged. As my wife was getting in, the Englishman took her by the shoulders with both hands to urge her out. I considered myself obliged to resent this aggression with sharp language, and to call for the assistance of the Railway Inspector against the conduct of this gentleman, who had, in the meantime, laid hands upon another passenger. (Signed)

"PAROW."

No. 10.

Lord Bloomfield to Lord J. Russell.-(Received at Coburg, October 3.)

My Lord,

Berlin, October 2, 1860.

I HAVE the honour to inclose herewith the copy of a letter addressed to Her Majesty's Consul at Cologne, by one of the persons accused of libel, and preparing for trial, and your Lordship will perceive, from a perusal of it, that every means are resorted to by the Judicial Authorities to endeavour to insure the conviction of Her Majesty's subjects concerned in this affair.

I have, therefore, thought it advisable to address a communication to Baron Schleinitz, of which a copy is inclosed for your Lordship's information, calling his Excellency's attention to these proceedings at Bonn, and requesting that orders may be immediately given to insure a public hearing of the witnesses, on oath; for it appears to be the intention of the Judges that their examination should take place in private, a course by which the truth will be concealed, and the ends of justice defeated.

I have, &c.

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I WENT through a lengthened examination yesterday, which promised at first to be rather stormy. When I gave my deposition of Möller, the Instructions-Richter kept explaining and excusing his conduct. I thought this odd, and said, "Are you here to defend Möller?" at which he was excessively angry, and took it as an insult, though, as I told him, I did not intend it as one. I then explained why I concluded that Möller was influenced by private hatred. I said it was evident that a Public Prosecutor would not go out of his way to insult a whole nation, in presence of the Queen's Representative, unless he were influenced by private hatred; that this feeling had also been shown by his behaviour to you, and by the fact it was known in the town, before Macdor.ald's trial, that the State Procurator intended to give us a slap. I justified the word "cowardly," by saying that it was cowardly to make use of his official position to insult people who could not answer him. He did not take this raisonnement down, but wrote shortly that I had reasons to believe, and witnesses to establish, the assertions contained in the protest respecting the "Abneigung" of Möller against the English. I then brought forward a list of witnesses, which he took down; but he said that they would do us no other good than to abate somewhat from our punishment. He said that we could bring no action against Möller, who, as a representative of the Crown, could only be called to account by his superiors, so that unless Lord Bloomfield and Lord John Russell see to it, the whole affair will end by our being punished, and Möller getting off and set free to insult and injure every Englishman who comes across, and to encourage others to do the same.

What I want particularly to bring about is, that the witnesses against Möller should be examined, not in private, as they want to do, but in open court. The moral effect of this would be immense. If they are examined privately, by partial Judges, the whole thing will be spoiled. Will you urge Lord Bloomfield to demand this public examination of our witnesses? Everything depends on it.

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