BERLIN SCANDAL.

Dominion, Volume 1, Issue 34, 4 November 1907, Page 5

BERLIN SCANDAL.

NEW PHASE. RE-TRIAL IN A HIGHER COURT. MOLTKE'S ADVANTAGES. ~ DI TELEGRAPH—rEES3 ASSOCIATION - — COrTIUOIIT, (Koc. Nov. 3, <i.20 p.m.) Berlin, Novomber2. Tiio criminal libel caso of Count Kimo von Moltko v. Hnrr Harden (editor of tho " Zukunft," who was acquitted), will ho carried by the Public Prosecutor to tho Landgorichto for re-triiil before three or fivo judges. Tho Public Prosecutor will represent Count Moltke's interests, and will conduct tho case, while Count Moltko himself will appear as co-prosecutor, with the additional advantago of-being able to testify on. oath; Ho whs not on oath during the recent trial. The Landgcrichtc exercise a revising jurisdiction over the Amtsgeriehle, which latter aro th.! courts of lowest instances In tlio Amtsgeiichte a single judge its to hear eases. In the criminal section of the Liiiidgerichtc five judges usually sit, and :i majority of four of them is required for a conviction. The JtoltkeTf in clou case is evidently being removed from tliu lower fo the higher court, which has ■more extensive original jurisdiction in both civil and criminal cases. Apparently, as the prosecutor of Harden, for alleged criminal libel. Count ICiino' vou Moltlre will have the whole co-operation and support of tho Public l'vttccntor. ~