THE EVIDENCE
IN THE CASE

A Discussion of the Moral Responsibility for the
War of 1914, as Disclosed by the Diplomatic
Records of England, Germany, Russia,
France, Austria, Italy and Belgium.

BY

JAMES M. BECK, LL.D.

Late Assistant Attorney-General of the U. S.
Author of “The War and Humanity.”

With an Introduction by

HON. JOSEPH H. CHOATE

Late U. S. Ambassador to Great Britain

“Did these bones cost no more the breeding but to play at loggats
with ’em? Mine ache to think on ’t.”

Hamlet—Act V., Sc. 1.

Revised Edition, with Additional Material

NEW YORK
GROSSET & DUNLAP
PUBLISHERS

Published by Arrangement with G. P. Putnam’s Sons

Copyright, 1914, by
JAMES M. BECK

Copyright, 1915, by
JAMES M. BECK

(For Revised Edition)

Thirteenth Impression

By James M. Beck
The Evidence in the Case. The War and Humanity.

This edition is issued under arrangement with the publishers,
G. P. Putnam’s Sons, New York and London

Publishers’ Note

The volume The Evidence in the Case is based upon an article by the Hon. James M. Beck, which came into print in the “New York Times” of October 25th. The article in question made so deep an impression with thinking citizens on both sides of the Atlantic that it has been translated into a number of European languages, and some 400,000 copies have been sold in England alone.

In making this acknowledgment, which is due for the courtesy of “The Times” in permitting an article prepared for its columns to be utilized as the basis for the book, it is in order for the publishers to explain to the readers that the material in the article has itself been rewritten and amplified, while the book contains, in addition to this original paper, a number of further chapters comprising together more than six times the material of the first article.

The present book is an independent work, and is deserving of consideration on the part of all citizens who are interested in securing authoritative information on the issues of the great European contest.

New York, December 12, 1914

INTRODUCTION

BY THE HON. JOSEPH H. CHOATE, FORMER AMERICAN
AMBASSADOR TO GREAT BRITAIN[1]

For five months now all people who read at all have been reading about the horrible war that is devastating Europe and shedding the best blood of the people of five great nations. In fact, they have had no time to read anything else, and everything that is published about it is seized upon with great avidity. No wonder, then, that Mr. James M. Beck’s book, The Evidence in the Case, published by G. P. Putnam’s Sons, which has grown out of the article by him contributed to the New York Times Sunday Magazine, has been warmly welcomed both here and in England as a valuable addition to the literature of the day.

An able and clear-headed lawyer and advocate, he presents the matter in the unique form of a legal argument, based upon an analysis of the diplomatic records submitted by England, Germany, Russia, France, and Belgium, as “A Case in the Supreme Court of Civilization,” and the conclusions to be deduced as to the moral responsibility for the war.

The whole argument is founded upon the idea that there is such a thing as a public conscience of the world, which must and will necessarily pass final judgment upon the conduct of the parties concerned in this infernal struggle. Many times in the course of the book he refers emphatically to that “decent respect to the opinions of mankind” to which Jefferson appealed in our Declaration of Independence as the final arbiter upon our conduct in throwing off the British yoke and declaring our right to be an independent nation. That this “public opinion of the world” is the final tribunal upon all great international contests is illustrated by the fact that all mankind, including Great Britain herself, has long ago adjudged that our great Declaration was not only just, but necessary for the progress of mankind.

It is evident from his brief preface that Mr. Beck is a sincere admirer of historic Germany, and on the eve of the war he was at Weimar, after a brief visit to a little village near Erfurt, where one of his ancestors was born, who had migrated at an early date to Pennsylvania, a Commonwealth whose founder had made a treaty with the Indians which, so far from being treated as a “mere scrap of paper,” was never broken. Like many Americans, Mr. Beck is of mixed ancestry, being in part English and in part Swiss-German. He has therefore viewed the great question objectively, and without any racial prejudice.

A careful study of the diplomatic correspondence that preceded the outbreak of the war had convinced Mr. Beck that Germany was chiefly responsible for it, and he proceeds con amore to demonstrate the truth of this conviction by the most earnest and forceful presentation of the case.

Forensic lawyers in the cases they present are about half the time on the wrong side, or what proves by the final judgment to have been the wrong side, but it is always easy to tell from the manner of presentation whether they themselves are thoroughly convinced of the justice of the side which they advocate. It is evident that Mr. Beck did not undertake to convince “the Supreme Court of Civilization” until he was himself thoroughly persuaded of the justice of his cause, that the invasion of Belgium by Germany was not only a gross breach of existing treaties, but was in violation of settled international law, and a crime against humanity never to be forgotten, a crime which converted that peaceful and prosperous country into a human slaughterhouse, reeking with the blood of four great nations. How any intelligent lawyer could have come to any other conclusion it is not easy to imagine, since Germany confessed its crime while in the very act of committing it, for on the very day that the German troops