The preliminary investigation (" Untersuchung ") does not seem to be yet finished.. Indeed, some documents in the case of importance are said to have only just arrived in this city. The bill of indictment is not yet drawn up, for the specific charges to be made. are not yet ascertained. But there will probably be two chief or only counts. Mr. Worth will be accused of the act of spying, and of the fact of being directly or indirectly an agent of the French Government. As regards the first of these accusations, I pointed out that there was no precedent for holding that the mere passage of a man in a balloon at the sole direction of the wind over the lines of an army was an act of spying; and I urged that, if it were desirable to stretch the usual laws of war so as to include amongst acts of spying the escape of individuals in balloons from a beleaguered city, it would be necessary and just on investing a city to publish a warning to that effect. But, I added, in the case of Mr. Worth, I could see no sufficient and just reason for dealing with the fact alone of his escape from Paris in a balloon as proof of an act of spying. The Governor acknowledged that there was diversity of opinion on that point, but he was personally of opinion that the act of escaping in an unauthorized manner from a beleaguered city did not constitute an act of spying. I admitted that, as persons passing over the lines of an army might obtain information which might be used by the enemy, there might exist good military reasons for detaining, with exclusion from all intercourse, such persons, until the information could no longer be useful; and I expressed the hope that this was the chief cause of the detention of Mr. Worth. His Excellency did not confirm this hope, but stated his moral impression to be that, if there were only this first accusation against him, Mr. Worth would eventually be liberated. As regards the second accusation, it is not clear on what grounds Mr. Worth can be charged with being an agent of the French Government. It appears that he and three Frenchmen (also in Cologne for trial) were captured, whilst a fourth Frenchman escaped in a balloon with the despatches of the French Government. The aeronaut, who escaped, would have been the chief defendant. In his absence, it will probably be difficult to prove any complicity between him and the captured passengers of the balloon. Moreover, I cannot find that any compromising correspondence has been found upon Mr. Worth or his companions. If, therefore, this accusation be founded on no better grounds than are now visible, the case will resolve itself into the fact of Mr. Worth escaping in an unauthorized manner from a disagreeable residence and possible famine in Paris. But, although I have not yet obtained direct official confirmation of the fact of the existence of a letter compromising Mr. Worth as an agent of the French Government, either as principal or accessory, in procuring arms for the French army, various rumours in this city as to the existence of a compromising letter have now taken the form of the allegations that such a letter, referring to Mr. Worth as having given an address to a French agent for procuring arms in England, exists; that it has been laid by the prosecution before Mr. Worth, and that he has explained that he merely gave the address, like any other address, to a Frenchman who called at his place of business. I cannot say whether or not the rumour has any kernel of truth in a shell of fiction, but unless such a letter, supposing it to exist, contain only evidence of some proceeding as little reprehensible as giving an address out of a post-office directory, Mr. Worth may run great risk of being condemned to death by a court-martial. It I have further inquired as to what facilities Mr. Worth could obtain for his defence. may still require several days to draw up the bill of indictment, but, as soon as the charges shall be formulated, they will be made known to him. A reasonable periodtwo or three weeks-will be granted to him for the preparation of his defence. He has permission to employ a lawyer, who will be allowed to consult with him. There is no appeal from the sentence of a court-martial, and the law permits the sentence to be carried out within twenty-four hours. I think it might be desirable that a longer delay between the passing and execution of the sentence should be beforehand secured on behalf of Mr. Worth, in consideration of his being a foreigner and at a distance from his friends. But, although I begged the Governor to be kind enough, on the passing of any sentence upon Mr. Worth, to stay its execution till after an exchange of communications with the Government of His Prussian Majesty at Berlin, his Excellency stated that he could not, on his own responsibility, prolong the legal period, and could only defer the execution of the sentence during communications with Berlin or elsewhere in obedience to a direct order from the proper quarter. Lastly, I have pressed upon the Governor my desire to be allowed to pay a visit to Mr. Worth. I have, however, failed in carrying my point. His Excellency declined to make, on his own responsibility, any exception in my favour to the rigid rule strictly carried out in all such cases. My reference to the fact of Colonel Walker having been permitted to visit Mr. Worth at Versailles was met by the counter fact that the Governor of Cologne was not responsible for relaxation of the legal rule in Versailles. When I pleaded that it would be a satisfaction to Mr. Worth's friends, a pleasant break to himself in a long imprisonment, and a favour to the Government of a friendly nation, if I were allowed to pay him a visit, his Excellency regretted much the impossibility of complying with my wish. Your Lordship will observe that, in raising a little the veil of strict official secresy which had been firmly drawn between my inquiries and Mr. Worth's case, I have avoided any advocacy on behalf of Mr. Worth which might have even the appearance of defending a breach of the neutrality of England. I feel that, if there had been a certainty of only the first accusation being brought against Mr. Worth, I could have urged, on grounds of humanity, and in view of the lightness of his offence, his speedy liberation upon the Governor. But with such an accusation still impending as the second, which might involve both a breach of the neutrality of his country and a question of life or death to himself, I feel that I could not advocate the early liberation of Mr. Worth. I contented myself with expressing the hope that no such a grave charge would be eventually preferred against him, and with urging that he should have as long a period as possible for preparing his defence. In my ignorance of the laws of war, and of the varieties of offence and penalty therein set forth, I did not feel myself competent to discuss the lightness or the gravity of the guilt which might attach to Mr. Worth as an agent of the French Government. But I am informed that to supply arms to or to aid in procuring arms for the enemy is an offence punishable with death, and an offence of an aggravated character when committed by a neutral. I am addressing to Mr. Worth a letter, of which I beg to inclose a copy. Inclosure 2 in No. 57. Mr. Harriss-Gastrell to Mr. Worth. Hotel du Nord, Cologne, December 8, 1870. Sir, I HAVE been here a few days and I have, so far as is possible, inquired on behalf of Her Majesty's Government into the circumstances of your case. I am glad to find, as was naturally to be expected, that the hardships of imprisonment have been alleviated for you by the considerateness of the Governor of Cologne, so far as such alleviations are not incompatible with the nature of your case. I am informed that your trial will take place as soon as possible. The charges against you will, as soon as they are formulated, be made known to you. In order to prepare your defence you will be allowed a reasonable period-two or three weeks after the accusation is made and before the trial begins. I have obtained permission for you to employ for your defence a lawyer, should you think it necessary or desirable. You will, of course, be allowed to consult with your lawyer during the period allotted to you for the preparation of your defence. Whatever the charges against you may eventually be, you may rest assured that your case will be tried by the Prussian military authorities with impartiality and fairness, and with every due regard to your position as a civilian and a neutral; and whatever those charges may be, I sincerely hope you will have a satisfactory defence and will easily obtain your release from imprisonment. As I am unable to remain in Cologne I am begging Mr. Pepys to be so kind as to attend to any wish you may express in a letter to him, to employ a lawyer in your defence. I understand there are several competent lawyers here who speak either French or English as well as German. I regret that the law, as stated to be applicable to your case, does not allow the Governor of Cologne to give me permission to pay you a visit to tell you what I have now written. You are, however, at full liberty to write in open letters to me or to Her Majesty's Embassy in Berlin, and I should be obliged if you would avail yourself of it to acknowledge the receipt of this letter to me either here, where I remain till to-morrow (Friday) morning, or at Berlin. I am, &c. (Signed) J. P. HARRISS-GASTRELL. Dear Sir, No. 58. Lord Kesteven to Mr. Hammond.-(Received December 12.) Cavewick, Stamford, December 10, 1870. I AM greatly interested in the fate of the gentleman who is the subject of the inclosed Memorial, as he is a native of this county, all the family and his relatives being well known to me, who are in the deepest anxiety about him; and I trust that Her Majesty's Government will use every exertion to obtain his liberation from his prison at Cologne, as I am confident he has taken no part whatever in the war hostile to the North German Army, his desire being simply to escape from Paris to look after his commercial affairs. Statement relative to the Imprisonment by the Prussian Authorities of MR. FREDERICK GONNER WORTH is the junior partner in the firm of Messrs. Delattre and Worth, carrying on business in Cannon Street, London, and in Paris. M. Delattre, the senior partner in the firm, is a Baron of France, and a French subject, and has hitherto managed that portion of the business which has been carried on in Paris. Mr. Worth, who is the son of English parents, and himself a British subject, has managed that portion of the business which has been carried on in London. Shortly before the investment of Paris M. Delattre, who had some years previously held a commission in the Imperial Guard, was ordered to join the National Guard, and he was enrolled accordingly. In this state of things Mr. Worth was compelled to leave London for Paris, with the intention of superintending the business of the firm there. He remained in Paris for some weeks after the investment for the purpose of taking care of a somewhat extensive stock in trade, the property of the firm, which was then in the capital. At length, fearing that his protracted absence would have the effect of injuring his business in London and elsewhere, and being especially desirous of returning to his mother, with whom he lived, and who is in delicate health, and of whom he is the only child. Prior to the time when Mr. Wodehouse's party were granted permission to cross the Prussian lines Mr. Worth made several inquiries with a view of obtaining permission to leave Paris, but he was on all occasions informed that it was impossible to do so, and in consequence of such information he unfortunately was not included in the party taken out by Mr. Wodehouse. Ultimately he determined to risk the journey in a balloon, and accordingly entered himself as a passenger by a balloon shortly leaving Paris, and for his passage paid 1007. Owing to an adverse wind this balloon was carried at a low distance above the Prussian forces then investing Verdun, and was fired upon by the soldiers, and descended in their midst. Mr. Worth was taken prisoner and dispatched to Versailles, where he was detained nearly a month in prison. He was then sent in a cattle truck to Cologne, where he is confined in a small cell, and it is stated that he will be so confined until the German authorities shall think fit to summon a court-martial to try his case. Mr. Worth's business is of an entirely peaceable description. His only object in going to Paris, and again in leaving it, was to take care of his business, and he was not in any way mixed up with any political questions. Mr. Worth when he left England was the holder of a British passport. No. 59. My Lord, Mr. Littlewood to Earl Granville.-(Received December 13.) 110, Cannon Street, December 12, 1870. I CONFIRM my letter of the 7th instant, and have now to thank your Lordship for Mr. Otway's letter of the 9th instant. I now inclose copy of letter received from Mr. W. H. Pepys, of Cologne, the contents of which appear to be of great importance, inasmuch as one of Her Majesty's Secretaries from Berlin has been refused permission to see Mr. Worth; also, that the Germans intend to try this Englishman at some indefinite date, certainly not before three weeks. Now as it is a matter of the highest importance that Mr. Frederick Gonner Worth's mother and relations should be kept no longer in anxiety, may I entreat your Lordship to inform them, through me, what the specific charge against Mr. Worth is, and further, whether he is to be detained in prison until such time as they the Germans may think fit to try him? as the poor fellow has already been confined since the 27th October, and for what reason no one knows. Trusting your Lordship will accept my humble apology for thus troubling you, I am, &c. HENRY BUCKNALL LITTLEWOOD. (Signed) Inclosure in No. 59. Dear Sir, Mr. Pepys to Mr. Littlewood. Cologne, December 9, 1870. YOUR favours of the 30th ultimo, 2nd and 6th instant, and telegram of that date, are in my hands. I have had two interviews with Mr. Harriss-Gastrell (Secretary to the Embassy at Berlin), who has obtained the permission that Mr. Worth have a lawyer to defend him, should he wish it, three weeks before the court-martial. I have undertaken, at Mr. Gastrell's request, that upon Mr. Worth writing to me, I will furnish him with a fit and able man. Mr. G. could not obtain permission to see Mr. Worth, not even for himself, therefore still less for you. At the present moment you cannot be of any service to him here. I have not received the "Standard," which you write you had forwarded me. Believe me, &c. (Signed) W. H. PEPYS. Sir, No. 60. Mr. Littlewood to Mr. Otway.—(Received December 17.) 110, Cannon Street, December 16, 1870. I CONFIRM my letter to his Lordship Earl Granville of the 12th instant, to which I am without a reply. I understood you to say, at our interview on Wednesday last, that you had that day written. This letter has not yet come to hand. I am, &c. (Signed) HENRY BUCKNALL LITTLEWOOD. No. 61. Sir, Mr. Otway to Mr. Littlewood. Foreign Office, December 17, 1870. IN reply to your several communications in the case of Mr. Worth I am directed by Earl Granville to inform you that, according to the Report of Mr. Harriss-Gastrell, who had been sent from Her Majesty's Embassy at Berlin to Cologne, Mr. Worth is receiving considerate treatment at the hands of the Prussian authorities; and although Mr. HarrissGastrell was unable to obtain access to him, he understood that Mr. Worth enjoyed liberty of communication by letter. The charges against Mr. Worth were to be communicated to him as soon as they are drawn up after the conclusion of the preliminary investigation now going on. Mr. Worth will be allowed a reasonable time (two or three weeks) to prepare his defence before the trial begins, and permission has, as you are aware, been obtained for him to employ legal assistance if he should desire it. (Signed) I am, &c. ARTHUR OTWAY. My Lord, No. 62. Mr. Hammond to Lord Kesteven. Foreign Office, December 17, 1870. I AM directed by Earl Granville to inform you, in reply to your letter of the 10th instant, that Her Majesty's Government are doing all in their power in behalf of Mr. Worth, and that a Secretary of Her Majesty's Embassy at Berlin has been sent to Cologne to report upon the case. He states that Mr. Worth is considerately treated and is allowed freedom of letterwriting, although he has been unable to obtain access to him. It is understood that the charges against Mr. Worth will be communicated to him as soon as they are drawn up after the conclusion of the preliminary investigation now going on. Mr. Worth will be allowed a reasonable time (two or three weeks) to prepare his defence before the trial begins, and permission has also been obtained for him to employ legal assistance if he should desire it. **From the confidential assurances received from the Prussian Government, Mr. Worth's friends need entertain no apprehensions about his life. I am, &c. Madam, safe. Mr. Otway to Mrs. Worth. Foreign Office, December 18, 1870. I AM directed by Earl Granville to acquaint you that your son's life is perfectly (Extract.) Lord A. Loftus to Earl Granville.-(Received December 19.) Berlin, December 17, 18 I HAVE not thought it advisable to make any further appeal to Baron Thile on the case of Mr. Worth-because his Excellency is powerless in the matter. I shall, however, provide that the sentence against Mr. Worth may be immediately reported to me by telegraph, and I shall then report it to your Lordship in the same manner. No. 65. Lord A. Loftus to Earl Granville.—(Received December 19.) My Lord, Berlin, December 17, 1870. WITH reference to my despatch of the 10th December, and in order to complete the information with respect to the case of Mr. Worth, I have the honour to transmit herewith to your Lordship a letter of the 8th instant, and a letter of the 13th instant, addressed to me by Mr. Harriss-Gastrell with respect to the inquiries he recently made at Cologne into the case of Mr. Worth. I have, &c. (Extract.) Mr. Harriss-Gastrell to Lord A. Loftus. Cologne, December 8, 1870. IT appears that amongst the papers in this case, a letter, addressed to a Mr. Littlewood in London, is of great importance, for it contains an order for arms, or at any rate a reference to an order for arms, to be delivered to the French Government. |