The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-12-02

IL is prODaDle mat ny WiuuAeoi'oo"
to-day the jury will retire to consider
It's verdict In the case OF the Hamburg
American Line. DIR. Kari Buens. head
of the line In America ana the mrce
other Hamburg-Amerlcan men VINO nave
been on trial before Judge Harland b.
Howe In the United States District Court
since a week ago last Monday on Fed
eral charges Of c~onspiring to defraud
the United States by falsely clearing
from American ports q feet OF supply
ships sent out to coal n provnfon
German warships at sea.
The defence closed its case Just before
adjournment yesterday afternoon. Law
yers said then that the summing up by
! both sides to-day probably will be brief
and tha& judge Howe's charge ALSO Ia
expected to be . short one. Conviction
| may bring with It a sentence OF mot
more han two years In jail or mot
moro than 10000" fine ''or both" in tho
case Of zach defendant.
In view Of the fact that the defence
| throughout the trial freely conceded that
1t had chartered and loaded ships and
sent them out to coal and provision the
| German warships that still remained In
| Atlantic waters a year ago. but that
| the defendants had no intention to de-
fraud the United States, II seemed to
| the lay mind when the defence closed
yesterday that the problem the jury Is
to solve to-day Is not one OF facts but
wholly a question OF the law.
rosr Defendants Testify.
In ~refutation Of the Governments
| charges Of injury done to the United
States counsel for the defence called only
| the four defendants to testify yester-
day-Dr. Buenx, managing director OF
the Hamburg-American Line George
Koetter. experimenting engineer of the
line Adolf Hachmeister. purchasing
agent, who ordered the supplies for the
ships sent out. and Joseph Poeppinhaus,
a Hamburg-American s~upercargo.
All said they were subjects Of the
Kaiser 1t the time Of the alleged con-
| spiracy and are to-day and all o. In
sisted that they had no intention Of in
| Turing our Government In doing what
they did. With the exception Of DR..
Buenx. who was taken from the German
Government service three years ngo and
placed at the head Of the Hamburg
American Line. the defendants said that
they had worked as active shipping men
with the neutrality-suspicious. firm for
many years.
Therefore when on cross-examinatlon
by Assistant United States Attorney
Roger b. Wood the shipping men on
trial said they never had seen clearance
papers or manifests or, again. swore
that they didn't know hat a ship leav.
Ing post had to be properly cleared. there
was tittertng among the spectators,
antilles from Jurors on occasion and nj
some points outright laughter from the
crowded court room. which had to BE-
raped to order with a gavel.
II, they all swore in effect. perjury
/ huA fAAn committed hN, e,thprNtpot "a an
ployees or others who. 80 Government,
Witness testified last week. had sworn
falsely to the contents OF cargoes or &c
destinations in order to obtain clearance
papers from American collectors O,
ports. then these unlawful acts were don.
quite without the knowledge OF Cant
Boy.Hi. the Kaiser's military attacht
here. or wen of the defendants. who ad.
NIT chartering. coaling and provision.
ing the supply ships and designating tn,
ports for which the boats were cleared.
nr. neens
Thu trimming court room seemed mos
to enjoy that moment Of the mornins
session when Mr.. Wood was irving Il
prove for the Government in hIs cross.
examinat,on of DR. BIenz that ono a,
the fleet OF SUNNY ships. the MowinckIe
uhich c,aar aa ,ror, h;iada,,bia o,,an.
sihly for Monroyia on tho west coast M
ASrc, wa. .an, o., ,nars,, 90 81 ~.
nra' cau a.shtns 10, ~.
~
~ ''ousnt y
na'ias 'ne "o"'h'N'e IMAM" nc Niroa
e""st "n"h,
AT "ooo asked " buenZ where TN
American Lane had ihtehned' "a!
aom',teu, 10 nave the Mowinckie trahslel
her cargo 10 herman warsmps. DR.
buenz said that the cargo was to hav'
peen transferred on she coast OF Soutf
America.
Are We to understand. DIR. Buenz.'
cried Mr.. Wood In incredulous tones
that II the Mowinckle tthe Mowinckl'