New Britain herald., 1915-12-04
HAMBURG-AMERICAN OFFICERS SENTENCED Three Get One and a Half Years in
 Federal Penitentiary
 FOURTH GIVEN ONE YEAR
Steamship Company Fined $1-De- fendants Admitted to $1O,OOO Bail Each Pending Sueing Out of Writ of Error in Their Behalf.

 Error in Their Behalf. New York, Dec. 4.-Dr Karl Buenz, George Kotter and Adolph Hach- meister of the Hamburg erican Line, recently convicted of conspiracy ment, were sentenced today to serve one and a half years in the federal penitentiary at Atlanta. Joseph Pop pinghaus was sentenced to one year. The Hamburg American Line was fined one dollar
 All the defendants were admitted to bail pending the sueing out a writ of error in their behalf.
 Bail was fixed at $10,00O in each case and was accepted from surety company.
 Sentence was pronounced after Judge Howe had overruled motions by William Rand, Jr., chief counsel for the defense, for dismissal of the ver- dict on the ground that it was con- trary to the evidence and law in the case In making his motion MT. Rand said he had little hope that it would be entertained by the court.
 Warning to Others.
 United States District Attorney H. Snowden Marshall, in moving for sen tence, said that it was his painful duty to ask for substantial punishment, not so much for it's effects on the de- fendants but to serve as a warning to others"
 None of the defendants showed any emotion when sentence was pro- nOunced. Prior to the opening of court they were surrounded by num- Der of sympathizers, with whom they chatted freely. Dr. Buenz told his friends that his only regret was that the American people should believe that he had done anything to injure them or had ever had anything but the kindliest feelings toward this coun try.
 Through MT. Rand the aged direct or of the Hamburg-American Line asked Judge Howe to take into con- that his three-c defend ants were his subordinatcs, and that if any offense was committed they were merely acting under his orders. The nominal fine imposed on the American company was ex- plained by Judge Howe as due to his
  sible, from "the odor of money" He said that there was no evidence to show that the company, as such had entered into any conspiracy and that it was probable that Dr. Buenz alone had any power to bind it in any of the proceedings complained of. The lighter sentence imposed on Popping ham was in recognition of the fact r, tion and had merely carried out the orders of his superiors without having an active part in the planning of the conspiracy for which they were con- victed.
 Support Clen,ency Move.
 In sentencing Dr. Buenz, Judge Howe announced that if the sentence was confirmed in the higher courts he would be willing to support any move to obtain clemency on the ground of the advanced age of the prisoner.
 This case" said Judge Howe, will undoubtedly be taken to the court of appeals and to the United States su- preme court If sentence is affirmed and it is claimed that Imprisonment would be a peril to Dr. Buenz on ac- count of his advanced age, the case will be referred to the executive de- partment of the government This court will be willing to take any ac- tion that may be desirable in support of such a move"
 The maximu um penalty which could have been imposed on the prisoners under each indictment was two years Imprisonment and a fine of $1O,OOO Each was indicted on two counts but Judge Howe declared that he consid- cred both indictments to cover one offense.
 In spite of the significance at tached to the case through the re- quest for the recall of Captain Boy Ed, the German naval atta ches whose name was repeatedly mentioned dur ing the trial as cooperating with the conspirators, only a small crowd was in court.
 Continuation of Probe.
 The trial of Dr. Buenz and his as- sociates was the continuation of an in- vestigation begun last winter by fed eral agents into the chartering and sailing of certain vessels from Amer ican ports in August, September and December 1914. It was charged that these vessels, concealing their pur- pose by false manifesto and clearance papers, were engaged in supplying provisions to the German cruisers which We're ratding British commerce. Sixteen vessels in all were investi- gated Some of them were captured by British warships far from the course on which they ostensibly sailed tuners were reported at ports very different from those for which they cleared. In one instance at least. that of the American steamer Berwind 1t was proved that the snip had trans ferred supplies to two German cruis-