The life of Midhat Pasha 36
“The first formality was the proving of the prisoners’ identity,
and immediately thereafter the indictment was read by three of the
prosecutors, which may be briefly stated as follows:—A few days
after the dethronement of Abdul Aziz, Mahmoud Damad, and Nouri
Damad, engaged two professional wrestlers and a Palace watchman
to assassinate their ex‐Sovereign, promising them £100 each and a
monthly pension of three pounds, as appears from the accounts of
the Civil Lists. The crime was committed with the assistance of the
Chamberlain, Fahri Bey, while Ali and Nedjib Beys, who had introduced
the assassins into the Palace, mounted guard with drawn swords at the
door of the room. As there was at that time a Supreme Commission,
composed of Mehmed Ruchdi, Midhat, Hussein Avni, the Sheik‐ul‐Islam,
and Mahmoud Damad, and as no important orders could be given without
the concurrence of this Commission, it may be assumed that all its
members must have been _cognizant_ of Mahmoud and Nouri’s criminal
proceedings, and it is for this reason that Midhat is among the
accused.
“When the indictment setting forth this theory had been read, the
President, in a quiet and dignified manner, began to question the
prisoners. The first called upon to state what he knew, was Mustapha,
the wrestler, a man of ordinary size and not presenting any signs
of abnormal muscular development. His face was of a common type and
betrayed no symptoms of emotion as he related, in plain, unvarnished
terms, how he had cut open the ex‐Sultan’s veins with a knife
given to him for the purpose by Mahmoud Damad. His description,
accompanied by slight and significant gestures, was brutally
graphic, and made a strong impression on the spectators, more than
one of the older men in the audience giving vent to their feelings
of horror by audible exclamations. Mustapha’s account was fully
confirmed by Hadji Mehmed Pasha, who declared that together with
the Chamberlain Fahri Bey and Djezairli, he had hold of Abdul Aziz
whilst the crime was being perpetrated. Djezairli, who had made a
full confession in his preliminary examination, was then questioned,
and retracted what he had previously said. Fahri Bey, a young man,
with long fair moustache, delicately‐cut effeminate features,
and of tall and slender build, was next examined, and denied the
statements of the wrestler and his companion. In a tremulous tone,
which gathered firmness as he proceeded, he described, from his
personal observation, the mental condition of Abdul Aziz after his
dethronement, and obstinately insisted that the dethroned monarch
had committed suicide. The other prisoners, without endeavouring to
explain how the Sultan’s death occurred, successively maintained
their own innocence, and found more or less plausible answers for all
the questions put to them by the judges. Mahmoud Damad Pasha, a tall
stout man, with regular and handsome features and large dark eyes,
found most difficulty in replying, and his deep gruff voice showed
more than once signs of great emotion; but he denied emphatically and
indignantly the accusations brought against him by the wrestlers and
others. About two o’clock Midhat was introduced and took his seat
by Mahmoud Damad’s side. His hair and beard had become much whiter
since I last saw him, four years ago, and his complexion was still as
morbidly florid as before, but he seemed well, and sought to conceal
his emotion by stroking his beard, and arranging his notes, from
which he was preparing to speak. Starting up suddenly and leaning on
the back of his chair, he made a short speech, in which he declared
himself happy to have been cited before the public tribunal, and he
rendered justice to His Majesty’s sentiments of equity in causing
the affair to be carefully examined. To all the questions about the
Supreme Commission, of which he was a member, and which must have had
cognizance of the intended assassination, he replied emphatically
that such a Commission existed nowhere except in the imagination of
his accusers, and that all matters of State were considered by the
regular Council of Ministers. When reproached by the presiding judge
for not having immediately ordered a searching inquiry, he admitted
that he had been guilty of this sin of omission; but at the same
time he maintained that all the other Ministers were in this respect
equally guilty. On the subject of his having sought refuge in the
French Consulate his answers, though extremely ingenious, were not
so satisfactory. Unlike the other prisoners, Midhat withdrew from
the Court as soon as he finished what he had to say, and after his
departure a number of witnesses were called for the Prosecution.
The chief of these were three young men who had seen the crime
perpetrated in the way the wrestlers described, and the wife of a
certain Ali Bey, who, being at that time one of the ladies of Abdul
Aziz’ harem, had witnessed some of the incidents connected with the
assassination. One of the most interesting witnesses was a frail,
white‐bearded Mussulman, in an old‐fashioned costume, who related in
a faltering voice, that he had washed the body of Abdul Aziz, and
noticed a small wound in the region of the heart. The Court rose
about half‐past seven o’clock without the witnesses having been
cross‐examined. The proceedings will be continued, and possibly
terminated, to‐day.”
“_Constantinople, 28th June._—The trial of the persons charged with
the assassination of Abdul Aziz was resumed to‐day. After the counsel
for the prisoners had concluded their addresses, the judges decided
that the two prisoners Mustapha (the one a gardener and the other an
athlete), Fahri Bey and Hadji Mehmed, were guilty of the murder, and
that Ali Bey, Nedjib Bey, Midhat Pasha, Nouri Pasha and Mahoud Damad
Pasha were accomplices, being privy to the crime. Sentence will be
passed to‐morrow.”
“_Times_,” _30th June 1881_.—“_Constantinople, 28th June._—The
second day’s hearing of the case against the persons accused of
the murder of Abdul Aziz, the ex‐Sultan, lasted for eight hours.
Several additional witnesses appeared for the prosecution. Among them
was Ibrahim Edhem Effendi, who acted as intermediary between the
Ministers and the ex‐Sultan, and who described the harsh treatment to
which the latter was subjected.
“The case for the defence was then opened. Four advocates appointed
by the judicial authorities spoke very feebly on behalf of the
prisoners. Mahmoud Damad was justly dissatisfied with his counsel,
and defended himself, and, notwithstanding evident signs of illness,
refuted some of the accusations brought against him. Midhat Pasha
was then called, and the President Sourouri Effendi, after remarking
that Midhat had accused him of personal enmity, retired from the
bench, leaving his colleague, Christoforides Effendi, to direct the
proceedings. The ex‐Grand Vizier, who had taken such a prominent
part in the dethronement, defended himself for more than an hour
against the charge of complicity in the assassination. Thoroughly
conversant with the new laws of judicial procedure, he pointed out
several mistakes which had been committed, and demanded permission to
cross‐question the witnesses as well as the prisoners who had made
confessions; but all his demands were refused by the Court. Finding
himself thus fettered, he took his stand on the solemnity of the law,
and declined to defend himself any further.
“The President, after three times vainly inviting him to proceed,
declared the hearing closed, and retired with the other judges
to deliberate. Their verdict was, as had been foreseen from the
beginning, that all the prisoners were guilty, but in different
degrees. Four were declared guilty of premeditated assassination;
five, including Midhat and the Sultan’s two brothers‐in‐law, were
condemned as accomplices; and the two remaining prisoners were placed
in the category of aiders and abettors.
“The Court will re‐assemble to‐morrow morning to pass sentence.
According to the Ottoman code, premeditated assassination entails
capital punishment, while the lesser degrees of crime are punished by
various terms of penal servitude.”
_29th June._—“The remarks and the bearing of Midhat Pasha at
the trial yesterday produced, on the whole, a very favourable
impression on the public, and it was not difficult to perceive that
he still enjoys a certain popularity even among good Mussulmans. As
numerous Palace spies were present, the Ottoman officials carefully
endeavoured to hide any latent sympathy with the accused, but some
of them did not altogether succeed. More than once Midhat replied
very appositely in a half‐ironical tone, which was much appreciated
by the audience. All the details were at once transmitted to the
Sultan, and Sourouri Effendi doubtless congratulated himself on
having removed the Imperial displeasure from his own shoulders to
those of his colleagues. As yet no evidence has been produced proving
Midhat’s complicity, but it is not likely that he will be acquitted.
Considering that the trial has been prepared, and is being conducted
under the immediate influence of the Palace, which is filled with
Midhat’s enemies, it would be absurd to expect impartiality and
independence in the judges. I happen to know many curious facts
tending to show how absurd such an expectation would be, and I may
mention one by way of illustration. Yesterday morning, immediately
before the trial began, Sourouri Effendi had a long private audience
with the Sultan, and received from His Majesty certain instructions
as to how the proceedings should be conducted. The most interesting
part of the proceedings at the State trial yesterday was the incident
which terminated in Midhat Pasha’s refusal to continue his defence.
The facts are briefly as follows:—The President invited the accused
not to continue his defence and to intrust that duty to his counsel.
Midhat replied that he would defend himself, because he had not been
allowed to confer freely with the counsel officially appointed. He
justified his flight to the French Consulate at Smyrna, pointed
out numerous errors in the procedure, expressed astonishment at
such grave accusations being founded on such insufficient evidence,
reproached the Public Prosecutor with having accepted the testimony
of the eunuchs, who, professing to have seen the crime committed
without denouncing it, should be themselves in the dock, and
ridiculed the testimony of Marco Pasha, the chief physician of the
Palace at that time, who professed to have seen from the Asiatic
side of the Bosphorus what took place at the Palace on the European
shore, and yet could not see a wound said to have been inflicted on
the body of Abdul Aziz in the region of the heart. He then demanded
that the Court should examine the prisoners and witnesses in his
presence, as he was not present at the previous examination, and
requested that the Embassy doctors who examined the body should
be summoned, offering to defray the necessary expenses at his own
cost, in order to compare their report with that of Marco Pasha. On
the demand of the Public Prosecutor, the Court retired to consider
Midhat’s request, and decided to grant it on condition that the
prisoners should not be interrogated separately. To this reply Midhat
opposed the text of the Code of Criminal procedure, and demanded its
application, declaring that he must question those who had given
evidence, in order to prove that they had committed perjury. The
President answered that the article in question in the Code referred
to witnesses, and not to the accused, and declared that if any person
had committed perjury it would be for the Court to punish them hereafter.
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