The Richmond Virginian. (Richmond, Va.) 1910-1920, 1915-04-14

1919, fourteen months before the Euro
pean war started, the company planned
10 meet any emergency In case Ger
many should ever have trouble with
England. France and Russia
The libelants include the Guaranty
Trust Company, Of this city. and the
National city Bnnk. of New York.
which sued TO recover damages alleged
to have been sustained by the return
to this country of the Kronprinzessin
after sailing on July rs, 1914. and the
consequent failure Of the North Ger
man-Lloyd to carry out contracts to
deliver in Europe shipments of gold
consigned by the banks. The liner
carried from the Guaranty Trust Com
pany $1,000 6a4e4 to Plymouth. Eng
land and S2to4,2as for Cherbourg from
the National City Bank.
kirlin'. Opening Statement.
In his opening statement J. Parker
kirlin, on behalf OF the Guaranty Trust
Company, said that the only excep-
ttons upon the liability for the delivery
Of the gold at, Plymouth undertaken
In the bin OF lading that could be
urged by the other side as lessenlng
the terms of their obligation was the
exception that the steamer and car
rter shall NOT be liable for loss or
damage occasioned by '' enemies
by arrest and restraint of
princes, rulers, or people.
MIR. kirlin said that the steamship
proceeded on the theory that the
course of her voyage until the even
ing OF July al. when in consequence
OF IA wireless message received from
the owners of the ship, announcing
a state of war had broken out be
tween Germany. Russia and England.
the master was instructed to return
to New York The kronprinZessen
headed back and went 10 Bar Har-
Dor. where she arrived at A. M on
August A.
No War AT Time Named.
MIR Kirin said, Now We aliege
that. in truth aud In fact. there was
no war between Germany. Great
Britain. Russia and France on the
Slst of July at o +, Nj. at the time
this wireless was sent by the own
ers Of th~ steamer 10 the captain,
and that therefore, the action or
the master was taken on misrepre-
sentation directly given by him by
his owners That action
we allege constituted an abandon
ment. and deviation from the voy.-
age undertaken and such
OF contract. and entities us TO re-
cover the damages we have sus-
tanned"
Captain Polack. who has been In
the North Gernau-Iipyd service
since August ], 1885. testified that
when he took command OF the Kron-
prinzessln in May 1913, he was given
sealed package by his predecessor
with Instructions in case he received
"a wireless message relating TO some
disease. and signed 'Siegfried," to
open the package.
Received Code Message.
At 10 O'Clock. ships time. on the
night of July 81. he received a wire
less message In code reading as fol-
lows. Orchard has suffered an at
tack of catarrh OF the bladder"
which was signed "S!egfried. mean
ing the board OF directors of the
North German-Iloyd
Then he opened the sealed pack
age and found these instructions,
which. translated. according to the
code. he said read as follows
War has broker out with Eng
land. France and Russia. Return
to New York"
The captain turned the Kronprin-
zessin around. beaded for America.
and on August 2. at $40 p NJ. he
received a wireless message OF con-
nrmation that came from Bremen by
IHe way vi say Whltu tNau thuts
Threatening danger of war. DO
not touch at any port England
France, RUSSIA. Countrys naval Of
fee"
On the day before he received the
message which caused him to open
the sealed package and start back
for America. the captain got in touch
by wireless with the steamship
George Washington. and asked:
Have you any war news" and the
reply was. 1.-The last war news from
Sayville, which YOU have"
Warned TO Take Prcc'aution.
Half an hour later Returned his
ship around The captain said he
got a wireless from the Kaiser Will
helm. H.. which said: Threatening
danger OF war, but take precaution-
airy measures He understood by
this that war is. not yet declared.
and tried to get the Kaiser Wilhelm
to repeat the message. but there was
no further communication.
On the trip to Bar Harbor. where
the KrOnprin1esSin took refuge 10