Evening star., 1915-11-24
Secretary Lansing Has Taken
No Official Cognizance
of Charges.
MUST BE BROUGHT OUT
AT THE TRIAL, HE SAYS
Declares There Is No Evidence to
Show Culpability on Part
Of Diplomat.

lOQaV tndt so lar as he was able
to judge Capt. Boy-Ed, the Ger
man naval attache, was not guilty
of any violation OF law in supply
ing funds for the sending out
from American ports of Ham
burg-.American vessels to pro-
vision German warships at sea.
Must Be Proved at Trial.
The Secretary pointed out that the
matter could not become a subject for
cognizance of the State Department un-
less 1t were proved in the cases now
on trial in New York that Capt. Boy
Ed had knowledge of the false regis
tration which Hamburg American line
agents are charged with having made,
sells
State Department officials do not un-
derstand that Capt Boy-Ed is SO
charged, but that the references to him
IN the case are only incidental,
Secretary Lansing holds that the ar
rangement to supply helligerent vessels
at sea was not a violation of law unless
II also were proved that the same war
snip At sea was being repeatedly sup
piled from American ports. No proof
to that effect is in possession of the
State Department. 1t was admitted to-
day, however. as possible that the trial
may develop information to reopen the
subject so far as the State Department
Is concerned. 1t was pointed out off,
cially, however, that the State Depart
ment to ask for the recall of any Dip
lomatic officer does not require legal
proof of any violation of law. but can
always act on the general principle of
obnoxious activity.
Awaits Other Disclosures.
Secretary Lansing explained that
while the State Department had know1-
edge of the evidence on which tho
cases in New York were being prose-
cuted, the statements being made by
Assistant District Attorney Wood with
made with the approval or disapproval
OF the State Department. 1t was made
clear that the assistant district attor-
ney was free to make any statements
OF opinion he chose, but that this did
not bind the State Department to any
course of action.
State Department officials are watch
ing the case with close interest how
ever. to see II any new disclosures are
made bearing on Capt. Boy-Ed's actiy.
4
opinion as to what action the depart
ment might take with reference to
that or other cases in which his name
has been mentioned.
Capt. Boyd Immune.
Capt BoyEd. If involved in alleged
conspiracy to defraud and deceive the
United States by sending neutral ships
from American ports to provision and
coal German men-at-war at sea, would
be immune from prosecution in the
courts of the United States by reason
Of his diplomatic status. II disclosures
indicate Objectionable conduct on his
part, his continued presence in the
United States would be regarded as un-
desirable and a suggestion to the Ger
| man embassy to that effect would un-
doubtedly suffice to effect his recall.
1t was recalled that at the time the
| indictments were returned against the
Hamburg-American officials now on
trial the information in the possession
of the Department of Justice was sub
mitted to the State Department
The naval attaches name also has
appeared in connection with various
other Investigations by the govern
ment. including the passport frauds in
quiry, but 1t is understood State De-
partment officials hold that none Of the
evidence given them has shown him to
be guilty Of a diplomatic improperly
warranting request for his recall.