At length, the temporary judge having taken his seat, twelve young gentlemen were chosen, from the most respectable families in Potzdam, to act as jurors. The prisoner was summoned to answer to the charges brought against him, in the name of Frederick the Second, king of Prussia. Laniska appeared, guarded by two officers: he walked up to the steps of the platform with an air of dignity, which seemed expressive of conscious innocence; but his countenance betrayed involuntary marks of emotion, too strong for him to command, when, on raising his eyes, he beheld his friend Albert, who stood full in his view. Albert maintained an immovable composure of countenance. The prisoner was now asked whether he had any objections to make to any of the twelve persons who had been selected to judge his cause. He made none. They proceeded to take an oath, "that, in their decision, they would suffer no motives to influence them but a sense of truth and justice." The judge then rose, and addressing himself to the jury, said:--
"You are here, by the king's order, to form your opinions concerning the guilt or innocence of the prisoner, commonly known by the name of Count Augustus Laniska. You will learn the nature and circumstances of the accusation against him from Mr. Warendorff, the gentleman on my right hand, who in this cause has the honour of being counsel for his majesty. You will hear from the gentleman on my left, Albert Altenburg, all that can be said in defence of the prisoner, for whom he voluntarily offers himself as counsel. After having listened to the arguments that may be adduced, and to the witnesses that shall be examined on each side, you are, gentlemen, according to the tenour of the oath which has just been administered to you, to decide, without regard to any consideration but truth and justice. Your opinion is to be delivered to me by the eldest amongst you, and it is to be expressed in one or other of these phrases--_guilty_ or _not guilty_.
"When I shall have heard your decision, I am, in his majesty's name, to pronounce sentence accordingly. If the prisoner be judged by you _not guilty_, I am to announce to him that he is thenceforward at liberty, and that no stain affixes to his honour from the accusation that has been preferred against him, or from his late imprisonment, or from this public trial. If, on the contrary, your judgment shall be, that the prisoner is _guilty_, I am to remand him to the castle of Spandau, where he is to remain confined for twelve months from this day. To the same punishment I am also to condemn Albert Altenburg, if he fail to establish in your minds the innocence of the Count Laniska. It is upon this condition that he is permitted to plead the cause of his friend.