Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1915-11-30
DENIES MOTION
FOR DISMISSAL
Attorneys For Hamburg
American Line Lose
Argument.
COURT OVERRULES
ALL OBJECTIONS
Attorneys Admit That Defendants Sent
Supplies to German Cruisers, But
Argue That No Evidence Has Been
Presented Which Would Prove Cow
ernment's cass-sesk to Strike Out
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to defraud the United States, assailed
by legal argument today the case which
the government has presented by wit
nesses against them and lost every
point Of their contention.
Federal Judge Howe heard the argu-
ment in the absence Of the jury. Judge
Howe denied the motion to strike from
the record all testimony concerning the
chartering and movements of the
steamer Marina Quesada and an hour
later overruled motion to dismiss all
indictments.
The motion to dismiss denied. the de-
tense opened its case this afternoon.
New York, Nov. 30.-The jury In the
case of the Hamburg American line
officials was excused this morning to
give counsel an opportunity to argue
their motions for the defense. to In
struct the jury to disregard the testi-
mony regarding the steamer Marina
Quesada, which, according to the de-
fendants, was not connected with their
operations In furnishing supplies to
Warships at sea, and to dismiss the
Indictment.
Counsel for the accused is ready to
put on its witnesses, II the motions
fail.
None Of the four defendants. DR..
Karl Buenz, George Kotter, Joseph
Poppinghaus and Adolph Hachmeister.
was present when Howard Cans and
william Rand. Jr.. Of the defendants
counsel. began their argument.
Would Strike Out rss<imony.
Mr.. Rand made motion to strike
from the record all testimony concern
ing the chartering and movement OF
the steamer Marina Quesada. This
vessel sailed from Newport News. Va.
Dec. 6, 1914. She cleared for Perman-
buco, but the government charged her
intent was to succor German cruisers
on the high seas. The defense stoutly
denies this.
Detailing the testimony covered by
his motion. Mr.. Rand included the tele-
gram sent by Philip Yolz. Baltimore
agent Of the North German Lloyd to
the vessels captain, Hans Suhren,
"care Nordmann. room Sol, No. IL.
Broadway. New York City.
This room was the New York head
quarters Of Captain K. Boy-Ed, Ger
man naval attache, who Is charged
with having directed the expenditure
Of s750.o00 for relief Of German cruis-
ers in the Atlantic and Pacific.
Ruling Of Exception.
Reference to this telegram yesterday
evoked from the defense the question
II the government, considered Captain
Boy-Ed conspirator. The reply was
that the government has taken no po-
sition.
$50 grave Is the matter Of taking
evidence regarding this ship" Mr..
Rand said. that would almost prefer
to have ruling of exception from the
stricken out. The mischief has already
been done"
Judge Howe ruled that the testi-
given his exception.
Mr.. Cans sought to show that all the
| indictments should be dismissed
'"rhis is not perfunctory motion
he said There has not yet been ad-
! duced a scintilla Of evidence showing
! a single act Of wrong doing by any
one defendant.
Admit Government Charges.
'The government charges that we
! sent supplies to German warships
! Why. we admit that: we boast Of It:
! we are proud that at the call of the
! fatherland these defendants responded
! and sought by every legal means to
aid their countrymen. Surely the
court will not censure us for that
Surely the court will agree that It was
a lawful act to send out these sup
plies
yes" interrupted Judge Howe. Il
will agree with you. It was lawful
act to send out supplies. but was II
lawful to deceive customs collectors in
doing SOP
! Mr.. Cans replied that such deception
| was not shown.