The punishment-books of the company were examined; according to the views of the superior authorities that company was the best against which the fewest punishments were written. How much unhappiness have not these punishment-books caused, and how many people have not been ruined by them!

Of course, the superior authorities must exercise some control, but not in the manner that rules at present. It is difficult for the official sitting at his desk to judge if the captain has acted rightly when he punished a man with three days' arrest. And then, fancy the openly-avowed principle that that company is the best in which the fewest punishments are officially reported! Nothing can be more false than this or lead more easily to wrong treatment of subordinates. This attitude taken up by the authorities almost forces a captain to shut his eyes and ears so as not to see or hear anything that is punishable.

Captain von Warnow had always been opposed to punishments, the evidence showed that clearly; he wanted to have the best company, not from any exaggerated military ambition, but simply from personal feeling. Men who had been punished were personally offensive to him, and he could never get over this feeling. A Guardsman in his company would receive a reprimand, but was not put under arrest, and so punishments in the guard-room became rarer and rarer. Thus, in consequence of their captain's views, which were very noble in theory but impossible in practice, the non-commissioned officers received no support from him. Yet the captain demanded a tremendous amount from his non-commissioned officers; the men were to be the best in every respect, and this could not be attained by kindness alone. The men were not to be punished officially, they were not to be cursed and sworn at; if an officer only looked threateningly at a man he was warned to treat him properly. What then was there for the non-commissioned officers to do but to take the matter into their own hands? They vented their anger, not on duty, but in secret.

If a man did his drill badly this was reported to the captain, with the request that the fellow should be ordered to drill again, but in the captain's view such things should not be necessary in a well-ordered company. Naturally, the non-commissioned officers were vexed at this. They said to themselves, "The fellows simply laugh in our faces when we report them for punishment and nothing happens." So when they gave the men the extra drills they gave them with locked doors, and punished them with the utmost severity. Cuffs and blows rained down upon them, and whoever betrayed by a look or a gesture that he had not imagined it possible to endure such treatment, was so shamefully ill-used that he abandoned all idea of making formal complaint. Frequently the men had to get up at night and do their drill in the rooms, clad only in their night-shirts, and whoever made a false step was beaten with a heavy whip, until the blood flowed.

A sad state of affairs was disclosed; the whole company was called as witnesses, and the officers likewise. The two lieutenants, Baron von Masemann as well as George, said on oath that they had had no idea of this ill-treatment, that no complaint had reached their ears, and that they had never seen or heard anything suspicious when patrolling the rooms.

The examination of Captain von Warnow revealed another side of the matter. He was obliged to admit that what the sergeant-major said was true. He confessed that on different occasions his attention had been drawn to von Nissew, but he had taken no notice of these warnings. As a reason for this, he could merely allege that von Nissew had seemed to him a very kindly man, and that he would never have credited him with such brutal behaviour. Further than this he had nothing to say in excuse.

"Did you not know, Captain von Warnow, that it was your duty to find out whether the complaints made against the non-commissioned officer were true or not?" asked the judge-advocate who conducted the investigation.

Captain von Warnow stood up proudly. "I believe that I have done my duty in every respect. I have continually warned my officers to treat the men properly."

The judge-advocate entered this statement on the protocol, then he said: "Non-Commissioned Officer von Nissew alleges as an excuse for his conduct that you, sir, told him to deal individually with all the weaklings and the blockheads, as he expresses it. He regarded this as permission to give the men extra drills, and he alleges that it was simply his military zeal and the feeling of responsibility for the trust reposed in him which led him into striking the men. May I ask why you entrusted so young a non-commissioned officer with so much authority over the men? In my opinion, sir, you thus gave the non-commissioned officer opportunity and occasion to ill-treat the men."

"That is merely your opinion, sir. I chose the non-commissioned officer who seemed to me most suitable in every respect for this individual training, if I may so express it."