of this article. For one furious week, the trial blazed across world headlines, and suddenly, before Moltke had a chance, the Judge (police magistrate) declared he'd heard enough, ruled that though Harden's charges were libel, they were proven (though Moltke wasn't proven guilty of specific offenses or of knowledge of alleged orgies at Lynar's villa). Psychologists had testified for both sides. The famed Dr. Magnus Hirschfeld spoke for Harden, said that Moltke, whom he'd never met (and Moltke's associates alike) was obviously abnormal and degenerate. This was later retracted. Harden was exonerated and Moltke ordered to pay the trial costs. A roaring crowd of thousands cheered Harden as "savior of the country" and attempted to attack Moltke outside the court.
Eulenberg, who had gone briefly to the Gastein spa in Austria, was widely reported to have fled the country to be hiding in England, though he was at his estate in Germany. He initiated a libel action (at the same time, Moltke appealed to higher courts) but the Crown Prosecutor refused to institute proceedings, saying no public interest was involved. At this very time the Emperor (feeling Eulenberg had not "shown fight") was demanding such proceedings be started. Eulenberg made an affidavit before legal authorities at Prenzlau regarding Harden's charges and requesting a full investigation (which yielded nothing) of his past. At the proceedings two months later Harden refused to testify, as he was still the defendant in the Moltke case.
The second Moltke case came up in October. Eulenberg was in bed with neuritis, later with bronchitis. His doctors forbade him to appear as a witness, though he'd come to Berlin to testify. The proceedings in the Berlin Municipal Court were taken over by Harden and his counsel, Bernstein, A witness named Bollhardt (a convicted blackmailer and perjurer) testified that Eulenberg (whom he described as being twenty-five years younger than he'd been at the time) had debauched him ten years earlier at Count Lynar's house. Bollhardt and a policeman were sent to identify the ailing Prince, who refused to see them except in the presence of proper judicial authorities. The court dropped the matter, but expressed doubts about the genuineness of Eulenberg's illness. Eulenberg protested the procedure to the House of Lords. Moltke won the case and Harden was given four months and costs.
The Crown instituted action on Eulenberg's behalf. Harden, meanwhile, planted a report in a Bavarian paper that Eulenberg bribed Harden with a million marks. Harden sued the publisher. A writer named Brand, a" champion of homosexuality," called Chancellor Bulow homosexual and was quickly tried and imprisoned.
The Crown investigation dragged on, but the trumped-up Munich libel case went wild. Eulenberg, painfully ill, denied any violation of Article 175 of the Criminal Code, or any indecency with a male. Harden and Bernstein produced as witnesses two fishermen, formerly employed by the Prince, who claimed sex acts with him years earlier. One, Reidl, proved totally unreliable. The other, Jacob Ernst, gave more convincing testimony, but indicated that he was testifying under duress. Eulenberg, sixty years old, fell ill again with influenza and catarrh. The trial procedure here was most unique. The supposed plaintiff, Harden, spent weeks proving immaterial charges against Eulenberg, a prosecution witness, while Staedele, the supposed defendant, presented no defense, nor did he even appear after the opening days. Eulenberg was not permitted to confront the witnesses against him. He suffered a stroke after this affair, and days later, an attack of angina pectoris.
During May, 1907, he was several times subjected to police examinations which recorded his serious condition he was often thought near death and considered suicide. On May 7, he was confronted by Riedl and Ernst and statements were taken. The next day he was arrested to stand trial for perjury. After heavy medical protests, plans to incarcerate him in Moabit Prison were dropped and he was taken to the public Charite Hospital under heavy guard to await trial. (to be continued)