Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1915-12-09

New York. Dec 2--Three high officials
and subordinate officer of the Hamburg.
American line were found guilty tonight
in the federal district court of having
violated the laws Of the United States
in sending coal and other supplies to
German 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 de-
PENDANTS was conspiracy to deceive and
defraud the United States. The maximum
penalty for each indictment Is two years
imprisonment and $4,000 fine. Sentence
was not imposed tonight and because Of
the late hour when the verdict was
reached, Judge Howe deferred till TO-.
morrow morning a hearing on the formal
motion to set aside the verdict and arrest
judgment which the defense is sure to
offer date for passing sentence will
then be designated
In reaching its decision, the jury is re-
ported to have taken but one ballot and
this after several hours of discussion of
the evidence in minute detail. The jury
was given the case at 2:i0 o'clock this aft
ernoon. Its foreman. George w. Palmer,
announced the verdict at 1910 O'Clock to-
night, seven and one-half hours later.
APPEAL WILL BE TAKEN.
An appeal. it seemed certain tonight,
will be made to the federal court of APP
peas 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 5000
bail each, as it is the intention of the
government not to ask that the bond be
Increased.
The four defendants affected by the
verdict are DR.. Kari Buenz, managing
director of the Hamburg American
line in New York city, former German
consul general here former German
minister to Mexico and German COM
missioner in the Venezuelan arbitra =
ton proceedings before The Hague
tribunal; George Kotter, general SUI
perintendent of the line; Adolph Hach-
meister, general purchasing agent;
and Joseph Poppinghaus, former
officer in the German navy. at pres
cnt second officer in the Hamburg
American line. A fifth defendant,
Felix Seffner supercargo on one Of
the neutral steamers sent to supply
the German fleet, was not brought to
trial He was captured by the Brit
ish while on his errand of relief and
is at the present time "a prisoner in
n Canadian detention camp.
TAKE VERDICT CALMLY
The four defendants took the YER
dict calmly. After the jury had filed
out DIR. Buenz turned to hotter. sit
ting at his left and, rising. shook
hands. "Auf Wiedersehen!" he said
and hotter echoed the words Hach-
meister sat silent. Poppinghaus, tall
athletic, youngest of the four. rose to
his full height and smiled.
Il do not care" he said in broken
English. This is not the last word
Defendants counsel was silent as tc
the verdict. Roger B. Wood, the as
sistant United States district attorney
who conducted the governments case
had this to say:
This verdict means only one thing
that the laws Of the United States mus
be observed by others of all the bellig
/ erent powers: that If our laws are VIC
lated by any one of them and the Amer
iNdl government mas IL out tney VII
be prosecuted.
JUDGE HOWE'S CHARGE.
1t was lawful, Judge Howe charge,
the jury for the defendants, to sen,
supplies to the German fleet with thi
important condition attached: That il
so doing they make no intentional at
tempt to deceive port collectors an,
/ truly state the nature Of tho cargo an,
its destination.
There are three things you must de
eide" Judge Howe charged: "Did tn
defendants enter into conspiracy t
defraud the United States, as alleged
Did they have a criminal intention? Di
at least one of them do any act t
affect the object of the conspiracy"
one or more of four frauds must hav
been intended the court charged. l
order to lind the defendants guilty.
First, it would constitute a frau
against the United States to procur
clearance from a collector of custom
at a port of the United States by inter
tionally making false manifest regart
ing the kind or quantity OF cargo shil
ped or the destination of such carg
whether it was a foreign port or plat
tentous silence which has followed II
III.