President.-What do you remember of them?

Witness.—I remember those expressions because I immediately at the time took notes of them. The statement was made that the English, those at least who travelled on the Continent, were known for their insolence, rudeness, and "Lümmelei."

President. This statement, therefore, was not directed against the whole English

nation.

Witness.-This I did not hear. I only heard the travelling English talked of. President.-Did not the Procureur du Roi confine himself to saying that many of the English who travelled made themselves remarkable in the manner described?

Witness.-No. He spoke of the English who travelled in a general way. I noted the words immediately.

President. Did the exposition of M. Möller seem passionate?

Witness.-I am an Englishman, and it was therefore natural that the words of the Procureur du Roi should make a strong impression upon me. They seemed to me to be an empty subterfuge. I wished at the time to stand surety for Captain Macdonald. M. Möller did not appear inclined to further this plan, but on the contrary declared that if I brought a petition to this effect before the Court, he would oppose it. It seemed to me as if an exception was to be made in the case of an Englishman.

President. Did you hold this conversation with M. Möller in his office?

Witness.-No. I did not find him at home.

President. Where then did you meet with him?

Witness.-At Endernich.

President.-Did M. Möller on that occasion say that an example was to be made? Witness. It seemed to me as if it was intended that this should take place; but as far as I can recollect, M. Möller did not say so in so many words. It was a supposition of my own.

Procureur-Général.-Did you tell M. Möller when you came to him that the arrest of Captain Macdonald might have unpleasant consequences?

Witness.-Yes. I said to him that Captain Macdonald stood in the immediate service of Her Majesty Queen Victoria, and therefore that his arrest might have disagreeable consequences. M. Möller replied: Well, we can let it come to that; we shall act according to the laws.

Procureur-Général.-Did not M. Möller say that he would have every possible

. consideration?

Witness-No. He said to me that he did not think the Court would grant a petition for bail but that anyhow he would oppose such a petition, because many of my countrymen behaved themselves as if they were not in a civilized country. He then added that an application for enlargement upon bail would be of no use, because a decision would be come to just as quick upon the matter itself as upon the question of bail.

President. At the request of the Consel for the defence.) Was the accused Perry present at this conversation with M. Möller?

Witness.-No. Only Mr. Schmidt of the "Golden Star."

President. (At the request of the Counsel for the defence).-There is a doubt with reference to the word "supposition," used by you just now. What did you mean to express when you said it was your supposition that the Procureur du Roi had spoken of the necessity of making an example?

Witness. I wish to express thereby my belief that M. Möller had said that an example must be made. That he actually did say so, however, I cannot maintain; because after so long a time I no longer recollect the matter.

Procureur-Général.-Did the Procureur du Roi talk of Captain Macdonald's having resisted the police?

Witness.-Yes; he said that Captain Macdonald, as a man of education, ought to have known that one has no right to resist the police.

Thirteenth Witness. Carl Andreas Wilhelm Parow, Doctor of Medicine at Bonn.

President. Your testimony is desired in order to establish the manner in which Captain Macdonald behaved at the railway station here on the 12th September, and in how far he gave occasion to the Public Prosecutor to express himself in the way he did against him and the English in the sitting of the Criminal Court of the 18th September. Will you be so good as to make your statement on this subject?

Witness.-I came on the day on question with my wife to the railway station. We found all the carriages full except one, in which there were still some empty places. Nevertheless, the Englishman, Captain Macdonald, who was in the carriage, made a motion to me not to get in, and remarked that the places were taken. Thereupon, a guard came up and said, "Make haste and get in, as the train is starting." I therefore got in and gave my hand to my wife, who was following me, in order to assist her entrance. Whereupon Captain Macdonald stretched out both his hands and laid them upon the shoulders of my wife, in order to push her back and prevent her entrance. My wife, nevertheless, got in: whereupon a dispute arose, in the course of which the Inspector, Hoffmann, came up, to whom I related the occurrence. M. Hoffmann at first behaved with great moderation, and endeavoured to act as mediator in the quarrel, so that Captain Macdonald received no sort of provocation from him. In the meanwhile, the brother-in-law of Captain Macdonald, with his wife, came to the carriage, in order to resume their places. I demanded thereupon

of the Inspector, places in another carriage, because I did not choose to remain in company with Macdonald. M. Hoffmann tried to induce Captain Macdonald to get out of the carriage: the latter, however, did not comply, but forced M. Hoffmann back with all his might. M. Hoffmann then requested me to get out, and endeavoured to take hold of Captain Macdonald. A violent scene now ensued, for at the same moment the door at the other side of the carriage was opened, and Macdonald was taken out of the carriage by the railway employees who entered from the other side.

The Counsel for the defence, Advocate Bennerscheidt, here rose and said he protested against the examination of Dr. Parow and his wife, and moved that this examination do not take place, as it had nothing to do with the matter before the Court, and would only cause unnecessary costs.

Procureur-Général.-The Protest of the defence comes somewhat late, as Dr. Parow has already been examined. It is certainly not to be supposed that the examination of the two witnesses is to be opposed on the plea of costs. If this examination were foreign to the matter in hand this day, I should certainly not have summoned the witnesses. But their depositions are by no means unimportant. In the English Protest which forms the subject of this suit, it is stated:

"Must they too allow themselves to be dragged out of a railway carriage by the railway servants, called 'dummes Volk,' and 'Flegel' by orthopaedic doctors; or, if they defend themselves, be thrust into a dirty jail for a week," &c.

It is evidently of importance to establish whether that which is maintained in the Protest is true or not, whether Captain Macdonald was rightly or wrongly taken out of the carriage: because, if Macdonald gave no cause for his ejectment, then an injustice was done him. If he gave cause for it then no injustice was done him, and then there was no ground for throwing abusive epithets at the heads of railway officials and of the authorities. The facts maintained in the portion of the Protest quoted by me form an integral portion of the Protest which is the subject of to-day's proceedings. It is therefore of importance to establish in how far they are founded or not. I move, therefore, that the Protest of the defence be thrown out, and that the examination of the witness Parow be proceeded with. I have certainly acted in the whole matter with loyalty,- with such loyalty that I have myself caused witnesses to be summoned whose depositions are to the advantage of the accused.

Counsel for the defence.-As regards my motion, that the examination of Dr. Parow and his wife should not be proceeded with, the question certainly does not turn upon a matter of a few groschen more or less of witness-fees. But the defence is of opinion that the depositions of the witnesses in question can exercise no influence upon the result of the matter in hand. If there is a question in the Protest of a dirty prison, those only who were imprisoned in it can give the best information on the subject. The defence, because they were of opinion that the occurrence on the railway had nothing to do with the present matter, have summoned no witnesses on the other side.

Procureur-Général.—I am concerned with proving the calumnious object of the Protest. If I can prove that the Protest maintained facts that were untrue, that certainly cannot be considered as an unimportant matter. I renew, therefore, my motion that the examination of Dr. Parow and his wife be proceeded with.

After a short consultation, the Tribunal declares, in consideration of the contents of the Protest, and because it was of importance that the matter should be sifted on all sides, that the motion of the Public Prosecutor was justified, and orders the examination of the witnesses Parow should take place.

The witness Parow proceeds:

According to my conviction, Captain Macdonald gave sufficient cause for his arrest. He seized my wife with both hands and pushed her back, which caused me to give utterance to the statement that when Englishmen did loutish things ("flegeleien "), they said they did not understand German.

The accused hereupon represent to the President, that they would not listen to the deposition of the witness Parow. The President answers, that the examination of the witnesses forms part of the public procedure, and that the accused must be content to hear that also which conduced to their incrimination.

Fourteenth Witness. Louisa-Helena Friedländer, wife of Parow.

President. You wished, on the 12th September, to enter with your husband into a railway carriage, and were upon that occasion motioned to go back by an Englishman, who stretched out his hands against you. Will you relate to us the details of this occurrence? Witness. My husband wished, first of all, to get into the carriage, and was motioned back by a gentleman who sat in the carriage and made use of pantomime to express his meaning. A guard, nevertheless, showed us again to the same carriage, and said, "Get in here." I replied, "That will not do; we have been refused entrance." My husband, in the meantime, got in, and as I wished to follow him, the gentleman who sat in the carriage

N

made gestures at me, and laid both hands upon my shoulders in order to push me back, without, however, hurting me. I did not allow myself, however, to be turned from my purpose, and took place next my husband. My husband was very much shocked at the behaviour of the gentleman, fell to quarrelling with him, and said, "The English will not understand German when they wish to commit loutish actions." My husband complained to the Inspector, Hoffmann, and as the latter was about to interfere, I saw the Englishman resist with doubled fists; in consequence of which he was taken out of the carriage and arrested.

Whilst the witnesses Dr. Parow and his wife are being examined, the accused give very clearly to understand how disinclined they are to hear these depositions. They talk to each other, take out newspapers and read them, and will not give the slightest attention to the depositions of the witnesses in question.

The eighth witness, Railway Inspector Hoffman, is once more called up to be examined.

President. You are to give us information respecting the occurrence which took place, on the 12th September, at the Railway Station here, in consequence of which Captain Macdonald was arrested. Explain yourself with reference to the cause of the matter and its issue.

Witness.-On the day in question the train which should arrive here about 4 P.M. was somewhat late, and there was in consequence a good deal of bustle when it did arrive amongst the public waiting at the station. I remarked that something was going on in a compartment of the train, and betook myself there. I found Dr. Parow disputing with an Englishman, and observed that the latter had not chosen to allow Dr. Parow to get in. Dr. Parow turned towards me, and desired to be shown to another place because his wife had been pushed back by the Englishman; a brother-in-law of the latter came up while these explanations were going on, in company with a lady, and wished to get in. I told the same, "Keep back, I will give the gentleman another place." The Englishman refused to comply with my desire that he should get out, and, as I persisted in my demand, struck me a violent blow on the chest. Almost at the same moment some employés came in from the other side of the carriage, and the Englishman, as he resisted, was pulled out by the hands and feet, but was not beaten. The above-named lady was in a great state of excitement. The brother-in-law of the stranger then came up to me, and asked what was to happen next. I replied, that I had to draw up a protocol of the occurrence. The first thing done, however, was to telegraph to Aix for the effects of the strangers, which were in the train that had in the meantime gone on. As I was then about to draw up the protocol, the lady came and spoke of low behaviour ("gemeinheit") and the like. I remarked, thereupon, that a lady could not insult me. In order to be able to draw up the protocol, I asked the stranger for his name, which he refused to give me. I then called to a police serjeant, who was standing close by, to whom the same refusal was made. Only after having threatened to arrest him did the stranger throw down his passport on the table, from which I learnt that he was Captain Macdonald. I requested the same then to deposit some caution money, as prescribed in such cases by the rules of the service. When the lady heard this she made some offensive observations, spoke of putting money in one's pocket, and of cheating. It was my turn to get excited, I turned the lady out, and gave Mr. Macdonald in charge to the policeman. I myself was summoned to the Police Office, where I made my statement, and was then dismissed.

President.-You say, then, that the blow which Captain Macdonald inflicted upon you was a violent one.

Witness.-Yes, I never suffered from pains in the chest, and I did so the day after the occurrence, and I could therefore only ascribe this to the blow I had received.

Fifteenth Witness. Philip Zarnack, Superintendent of the Arrest-House, at Bonn.

President. On the 12th September last, Captain Macdonald was taken to the ArrestHouse here. You are to give information as to the manner in which he was taken care of, and how the locality in which he was confined is circumstanced. In the protest known to you, signed by the accused, now before the Court, it is stated that Captain Macdonald had been thrown into a dirty prison.

Witness-Captain Macdonald was brought to the Arrest-House, after locking up on the evening of the 12th September, when I was out. When I came home at 11 o'clock, I was told that an Englishman had been brought in. He was in the Debtors' Prison, where there are bedsteads. I wished to see after him, but found that he was asleep. The next morning I went to him and asked him whether, with reference to his keep, there was anything he desired. He asked for coffee, which was brought to him. Upon my asking him whether he would keep himself, he agreed to this. I then asked him whether he would remain in the apartments inhabited by me, which he also accepted. I also allowed him to occupy the room used by the Judges and Advocates when the same have business in the Arrest-House; so that Captain Macdonald was during the day-time either in this room or in my own apartments. At night he occupied the Debtors' Prison, which consists of three rooms opening into each other. He slept in the first of these rooms, where stands a bed provided with a mattress. Captain Macdonald procured his food from the "Golden Star." The localities of the Debtors' Prison are entirely separated from those

destined for other civil prisoners. Captain Macdonald was so pleased with the way in which he was treated that he thanked me for it. Later, after he had been dismissed, I accidentally spoke with the Rev. Mr. Anderson upon the subject, who also expressed his thanks for the good treatment which Mr. Macdonald had met with.

President.-According to what you say, you treated Captain Macdonald with great consideration. What induced you to do so?

Witness. He seemed to me to be a gentleman.

President. In the newspaper, however, it was stated that he had been thrown into a dirty prison?

Witness.-I must leave it to others to determine whether the prison was dirty. Procureur-Général.—It is moreover maintained that he lay upon a miserable pallet? Witness. That is not true: he lay upon a perfectly new bed.

Procureur-Général.-Was there not some talk between you and Macdonald about

the bed?

Witness.-Yes, he said that he was fully satisfied with his bed.

Procureur-Général.-It has further been said that in the next room there was a criminal who could have access to him?

Witness. That is not true: the Debtors' Prison is totally separate from the localities destined for the other prisoners.

Procureur-Général.-You said that Captain Macdonald had thanked you for your humane treatment of him?

Witness. Yes, he did so.

Procureur-Général.—Did you not show him the whole arrangements of the Arrest

House?

Witness.-Yes. Captain Macdonald told me he had once, when he was a young officer, had the guard of a prison, and that he therefore was interested in the matter. After having seen the arrangements, he expressed himself very favourably respecting them. Procureur-Général.-Did not another gentleman thank you in the name of Captain

Macdonald?

Witness.-Yes, the Rev. Mr. Anderson took occasion to tell me that Mr. Macdonald had arrived in London, and that he thanked me for his good treatment of him.

Mr. Anderson is then called up, and the deposition of the witness read to him, with the remark that the same stands in remarkable contradiction to the contents of the Protest, in which a dirty prison is talked of.

Anderson.-I can only repeat that it was not the cleanest place that I ever saw, and that it might have been cleaner.

Witness.-The remark of Mr. Anderson probably refers to a tub which stood in the next room for the deposit of evacuations. Mr. Macdonald used this tub only the first night. Later on, he used an inclosed space in the Court of the Arrest-House. After the close of the witness Zarnack's examination, the President prorogues the sitting at 2.30 P.M., and fixes the next sitting for the following day at 9 A.M.

Sitting of the 18th of December.

The proceedings began at 9:30, and the concourse of the public is even greater than on the previous day.

The President opens the sitting as follows:

We have now arrived at the point of the proceedings at which the examination of the witnesses for the defence is to commence. Before this takes place, however, I feel called upon once more to hear the interpreter, Dr. Brensing, in order that a more accurate statement may be made with reference to the meaning of the words "Lümmelei" and "blackguard." The main point to be determined is, in what way the word "Lümmelei” is to be correctly rendered in English. In German, we understand under the word "Lümmel,” a rude, unpolished fellow. The question is, whether and how far the word "blackguard," used in the English text of the Protest, answers in the English language to the meaning of the German word "Lümmel."

The interpreter, Dr. Brensing, complies with the request of the President, and gives his declaration to the effect that nobody could be called a blackguard without a shade of immorality, and a reproach of immoral conduct being thrown upon him. A blackguard could even be externally a man of refinement and education, but at the same time morally degraded. He could, however, at the same time also have something of the "Lümmel" about him. On the other hand, the case was also possible that a gentleman could behave as a blackguard without yet being one. The word "Lümmel" could, however, in no way be translated by "blackguard." The word "Lümmel" was a climax-an expression of culmination; as, for instance, it might be said of some one who showed by his outward conduct that he was presumptuous, and that he considered himself entitled to throw all considerations of decent conduct aside, that such a one behaved himself in a presumptuous, shameless, and "lümmelhafte" way. This would, for instance, be the case if somebody in good society were to sit upon a chair and stretch his legs over the table.

President. How then would you translate the word "blackguard" into German?
Dr. Brensing.-Somewhat to the effect of "Schurke" or "ganz gemeiner Kerl."

President. According to your view, then, the word "blackguard" means a person morally degraded?

Dr. Brensing.-Yes. There is always the notion of censure upon a man's moral conduct connected with it.

President.-There is, therefore, something worse implied in it than is implied in the German word "Lümmel?"

Dr. Brensing.-Yes. It is insulting, because it implies immorality—" Sittenlosigkeit," want of morals, and not only "ungesittet," want of manners.

President.-How then would you translate the word "Lümmel" into English?

Dr. Brensing (after a short hesitation).—I would be inclined to translate it by the word "lubber."

During this linguistic discussion, considerable disquiet is seen to prevail among the accused, showing that they are not satisfied with these explanations of the interpreter. Dr. Perry rises, and declares that according to his opinion, as well as to that of his co-accused, the word "blackguard" is often used without the sense of immorality being attached to it. An Englishman had distinctly told him that the word "blackguard was translated in a dictionary of recognised merits with the German word "Lümmel." Dr. Brensing goes on to say:

In the houses of the English nobility or at Court, the people who in former times used to be employed on the lowest and dirtiest kind of services, as, for instance, the baggage boys ("Trossbuben") were termed "blackguards." These people made themselves remarkable by their low and brutal behaviour. Later the word came to be employed for other people, who led an immoral, dirty sort of life. This is the explanation of the word "blackguard;" I have found in an English dictionary.

Mr. Anderson rose, and said the Procureur du Roi Möller anyhow used the word "Lümmelei" to designate the strongest contrast possible to the word "gentleman." That was quite sufficient, and the question did not turn upon the subtle distinctions which could be drawn between the meanings of which the words used were capable.

The Counsel for the defence, Advocate Bennerscheidt, observes, that inasmuch as the Procureur du Roi Möller had begun his exposition by referring to the meaning of the word "gentleman" as a term which expressed everything which a good education and cultivation implied, it was very natural for the English to understand under the word "Lümmelei," which had been used in contrast to it, that which in the English language was expressed by the term "blackguard."

Dr. Brensing hereupon declares in conclusion, that he would not translate the word "Liimmel" by "blackguard."

After this linguistic discussion had been brought to a close, the President proceeded to the examination of the witnesses for the defence, who, after they had all been in the usual manner warned to speak the truth, were taken to the witness chamber, from which they were called out in order, and, before being examined, sworn.

First Witness for the Defence, Josepha Klein, Wife of Mr. Heyden, of Cologne.

The witness was present on the 12th September, at the conflict which took place between Captain Macdonald and Dr. Parow, as also the Inspector Hoffmann, and is to be examined with regard to that occurrence.

President. You happened to be on the 12th September, in the afternoon, at the station of this railway in the same compartment which the English Captain Macdonald, then arrested, occupied. What did you see of that which took place in the compartment?

Witness.-I saw that a gentleman and lady (Dr. Parow and his wife) wished to get in, and that the Englishman (Captain Macdonald) motioned to them not to get in; and upon the lady (Madame Parow) nevertheless entering, that he placed his hand upon her shoulder. Whereupon a dispute arose, and the gentleman who accompanied the lady (Dr. Parow) said to the Englishman, "Sir! you are a lout; you are a rude lout." And upon the Inspector arriving, he said to him, "Take out this rude lout from the carriage,—with this rude lout I will not travel." Thereupon a further dispute arose between the Inspector and the Englishman, and the latter was then pulled out of the carriage.

President. Did you see whether the lady was pushed back by Captain Macdonald? Witness.-No. He only placed his hand upon the shoulder of the lady, but did not

push her.

President. Did you see whether the Inspector Hoffmann was struck by Captain Macdonald?

Witness.-No. I could not see whether this took place. President.-In what way was Mrs. Parow touched by Captain Macdonald? Witness. He only laid his hand gently on her shoulder. Upon Mr. Parow's asking her whether she had also been pushed, she answered with a No! The Procureur-Général then asked the witness whether she understood English. She at first answered in the negative, but then said that she did understand a few words.

After this statement, the Counsel for the defence put the following question :-It has come to my knowledge in the way of a mere rumour, and not at all authentically, that Mr. Parow had after the occurrence said to the witness Heyden, in the railway carriage, that she should not make her knowledge of the matter known, lest she should be placed