The Birmingham age-herald., 1915-12-03
Sentence Will Be Passed To- day - Maximum Penalty Two Ysars' Imprisonment and<$1O,000 Fine
APPEAL TO FEDERAL COURTS SEEMS NOW
 ALMOST CERTAIN
District Attorney Says Yer dict Means That U.S.Laws
 Must Be Observed by Citi- zens of All Belligerents

New York December s-Three high of- ! flcias and subordinate officer of tho
 fiamburg-American line were found guilty tonight in federal court hero of having violated the laws of the United States in sending coal and other supplies to Ger
 man cruisers in the South Atlantic in the first few months of the European war. The jury returned a verdict of guilty on each of two indictments.
 The specific charge against the defend | ants was conspiracy to deceive and de- ] fraud the United States The maximum penalty for each indictment is two years Imprisonment and S1o0o0 fine. A date for
 passing sentence will be designated to- l morrow.
 The jury is reported to have taken one ballot after several hours of discussion of the evidence. The jury was given
 the case at 2:4o o'clock this afternoon Its foreman, George W. Palmer an. rounced the verdict seven and one-haif hours later.
 An appeal, it seemed certain tonight, will be made to the federal court of ap- peals and in case the verdict is upheld, to the supreme court of the United States In the meantime the defendants probably will remain at liberty under s5O0o bail each
 DISTINGUISHED DEFENDANTS The four defendants affected by the ver1
 dict are Dr. Karl Buenz, managing direc-
 tor of the Hamburg American line in
 New York city. former German consul general here. former German minister to Mexico and German commissioner in the Venezuelan arbitration proceedings before :! The Hague tribunal: George Kotter. gen l erai superintendent of the line: Adolph Hachmeister general purchasing agent.
 and Joseph Poppinghaus, former officer in the German navy, ana at present a second officer in the Hamburg American line.
 A fifth defendant. Felix zeffner, super cargo or one of the neutral steamers sent to supply the German fleet. was not
 brought to trial He was captured by ths British while on his errand of relief and is a prisoner in Canada.
 The four defendants took the verdict
 calmly After the jury had filed out pr.
 Buenz turned to Kotter, sitting at his left.
 and rising, shook hands. ''Auf wieder-
 sehen,' he said. and Kotter echoed tho
 words. Hachmeister sat silent. Popping
 haus. tall, athletic youngest of the four
 rose to his full height and smiled
 "I do not care" he said, in broken
 English. This is not the last word
 Defendants cornsel was silent as to
 the verdict. Roger B. wood, the assist
 ant United States district attorney who
 conducted the governments case, saidh
 This verdict means only one thing that the laws of the United States must
 be observed by citizens of all the bel
 ligerent powers; that if our laws are
 violated by them and the American gov
 ernment finds 1t out, they will he prosecuted
 GOVERNMENT INVESTIGA ALTON
 The trial was the continuation of an
 investigation begun last winter by agents of the department of justice into the chartering and sailing of cerr tain neutral vessels from American ports in August, September and Decem-
 Der, 1914. These vessels, 16 In number. sailed for South American and African ports and in two cases. Cadiz. Spain, from New York, Philadelphia, Hampton Roads. Pensacola and New Orleans. In some cases the vessels showed up at points other than their destination. in other instances were captured by al lied warships many miles out of their course, and in one ease---the American steamer Berwind-actually transferred supplies to two German converted cruisers.
 In every case German supercargo, supreme in command, sailed and di- reoted or sought to direct the vessels | ,uh sh al he oh seas. Nz
 After weeks of investigation the In formation obtained by government
 agents was placed before the federal
 grand jury here and two indictments were returned They charged conspiracy to deceive and defraud the American government by the defendants failure to state the exact cargoes and the true destinations of the vessels named in ob- taining clearance from port collectors.
 The defendants admitted they had chartered 12 ships and outfitted them at a total expense of more than Sl, 400.- 900 and sent them out to succor Ger man men of war, This they contended they had a right to do. They denied all intent to deceive or defraud the Amerf~ can government and said they sought to deceive only the enemies Of Germany
 During the trial it developed that Capt. K. Boy-Ed. German naval attache lat Washington. had directed the ex- penditure of $750.000, which was sent here from Berlin in August 1914. The government charged that virtually the entire $750,0c0 was spent in further ance of plans to aid German warships at sea, under the supervision and with
 the Knowledge of Captain Roy-Ed.
 When the defendants took the wit ness stand it was brought out that the lines activity in sending supplies to German warships was the result of an agreement made in 1913. long Before the
 war, between the Hamburg American line and the German government. An abstract of this agreement and the cablegrams that passed between New
 York and Germany In relation thereto after the war was declared, were said to have been placed for safe keeping