ary to protect my
person from the penalty of the law.

For, even were it held that the present case comes within the
competence of the penal code, the law appealed to has in no wise been
violated, and the paragraph cited by the public prosecutor has no
application.

Even this one exception, alone would suffice to set the indictment
aside; viz., that no objection is taken to any given passage in which
the specified offense is alleged to occur; so that the prosecution
proceeds wholely on an allegation of bias, and in the baldest manner.
The indictment runs against a bias; that is all. But a bias is not
actionable.

But I am not to be permitted to dispose of my defense in so easy a
manner. The accusation of having endeavored to incite the poor to
hatred of the rich is an accusation of such a kind that, apart from
all question of punishment, it is likely to injure any citizen's name
and fame. This accusation is of such character that, even if it is
formally disproven on legal ground, it may still leave the accused an
object of suspicion. You will, accordingly, Mr. President and
Gentlemen of the Court, take it simply as evidence of the respect I
bear you when I now go on to clear my honor in your sight, with the
same solicitude as that with which I have defended my freedom. To this
end it is necessary for me to present the grounds of fact, as
painstakingly as I have presented the grounds of law, on which this
accusation is to be quashed, and you will, therefore, I am sure, hear
me with the same forbearance if this second part of my defense turns
out to be but little briefer than the first.

I am accused of having violated Section 100 of the penal code. This
section reads as follows: "Any person who endangers or jeopardizes the
public peace by publicly inciting the subjects of the State to hatred
or to contempt of one another, is liable to punishment by a fine of
not less than 20 and not more than 200 thalers, or by imprisonment of
not less than one month and not more than two years."

This section of the law specifies three different conditions, which
must be found to concur if it is to be applicable.

I. There must be incitement to hatred or to contempt;

II. This incitement must be directed to the detriment of given classes
of the subjects of the State, and I am accordingly accused by the
public prosecutor of having incited the class of the unpropertied
against the class of the propertied;

III. This incitement