New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-12-01
Also Holds Plea Buenz
Activities Were Legal No
Ground for Dismissal.
GERMANY SENT PLAN
MONTHS BEFORE WAR
Defence Says Kuhn, Loeb e. Co.
Handled S1,500,000 Fund
to Buy Ships Charters.

Two motions of the attorneys OF DR..
Carl Buenz and other officials OF the
Hamburg-American Line were denied
Yesterday by Judge Howe in the FED
eral Court. The first was to exclude
all testimony relating to Captain Boy
Ed in reference to the activities of the
steamer Maria Quesada as irrelevant
the second, TO dismiss the case against
the alleged defrauders Of the united
States Customs on the ground that 1t
was legal.
The argument Of these two motlohs
occupied the entire morning session VI
Tho court. In the afternoon the time
was taken up by the opening ADDRESS
~ the defence. Dr. Buenz appeared on
the stand for fifteen minutes before ad-
;ournment. lie will reappear this morn
ing. 49,.
In his speech to the jur"' setting
forth the defence's side OF the case
william Rand, jr, counsel Tor III,
Ruonz and his colleagues, announcsea
,hat Kuhn. Loeb g. Co. had Deeh w
AGENTS through which the HAMBURG oI
See Of the Hamburg American Lihe r.
;,ohursed the New York oflce Iol wy
cbartering of the steamers SEM ous
from the port t0 re-proyieion leuso'i'o
comm e-destroyers. Inc money no
said vas sent several weeks arter the
beginning of war, in three instruments
of $500. 600 each, .,,,o,,.
rnon The preparedness of Germany LOT
,Lo present conflict was statement
n,ade by DR.. Buenz during ms lie" MN mn
u,es Of direct questioning yes'eiIay
lie told of his appointment as resige .S
director OF the Hamburg-Amerlcah Llme
in October. 1912. In the winter Oh tSIo'
he testified, he received a letter from
the Hamburg Office OF the hhe an
nouncing TO him that IN case Oh war
tbe line had a contract with tne yer
man Admiralty 20 provision Whatever
Teutonic warships might be Gestioy.us
hostile commerce in the oouth AZ
lantic. ,, L.. - =
DIR. Buenz said that, directed by the
letter, he got an abstract OF inc seSIe'
agreement from the safe OF me yer
man consulate in New YORK. after ne
Mad noted the provisions therein ne
fo,,rarded both the letter and the ao-
stract TO the embassy at Washington
where il probably is now. Six or elgnt
months later. when war came, he was
nornared TO act, and when, on July 81,
he received word from his government
no was able 20 begin the work OF char-
tarino provision vessels at once.
'Tfe government has conceded this,
he added. c.....
Mr.. Rand declared that in fitting out
vessels TO meet German ships on the
bioh seas DR.. Buenz and his colleagues
had been guilty of no unlawful act.
az hold with you that the act was
nerfectlv lawful" Judge Howe said:
"Rut in order to do so they deceived
tho collectors. | can't reason out why
their right TO send ort supply ships IN
clrdes the right to deceive the govern
Mr. Cans then asserted that the
Sims sent to sea 20 aid the German
cruisers always endeavored to reach the
mort of call named in the clearing
napers. He admitted that some OF the
oanifests were false, but said that this
was through error, and that Or. Buenz
and other officials of the line on trial
knew nothing Of this. :,
The jury, which had been dismissed
during the argument OF the motions
reconvened at 2 o'clock. and listened TO
n lengthy opening address by Mr.. Rand
for the defence.
He disclaimed that any of his clients
had knowledge Of the Maria QueSada
or dealings with Captain Boyd in re-
lation to the vesse, other than that the
naval attache banked with the Ham
burp-American Line. He denied that
they had anything to do with the $751;
600 received by Gustave b. Kulen-
kampf.