Daily capital journal. (Salem, Oregon) 1903-1919, 1915-12-02
HAMBURG
CASE NEAR ITS END
Defense Sets Up That Its Acts
Are Not IIlegal---Jury
May Fail to Agree

New York, Dec. 2.-That the jury
before night will nave tle cases of
Hamburg g-American directors charged
with customs violations seemed likely
when the case was resumed today. Ar
guments consumed a considerable pOr.
ton of the session.
The decision will have far reach
ing etIect on future action against
German activities in this country. The
jury must decide whether false mani
tests for supply ships sent to German
raiders in the Atlantic constituted vio-
lation of customs regulations, but the
jury cannot rule on whether there was
violation of neutrality.
In his opening argument today, De.
fense Attorney Rand, alluded to the
prominence of the defendants and took
up each charge separately.
Even ii it is proved that false
manifests were made" he said, "we
are not convicted Of conspiracy unless
it is shown that this was part Of a gen
eral plan.
"We are not pleading for sympathy.
War is no crime. But it means evad-
ing, eluding, tricking and deceiving
the enemy, and if that were crime,
there would be no statue of Nathan
Hale in front of the city nall.
"Secreov was essential when our
cargoes went out, but even at that our
enemies did pretty well. They got all
but one ship
'The moment that it was known
America was interested in this matter
the Hamburg American line turned ov-
er its papers and information to the
district attorney in the spring"
Assistant District Attorney Wood in.
terrupted with denial of this last
statement, and a heated tilt followed.
Rand pictured Wood as suffering
with detectomania, apparently
meaning disease among detectives.
He said Wood found card bearing
the name of Naval Attache Boy.ed, of
the German embassy and forthwith
announced that the government s
" chain of evidence was complete"
''But the next day." he continued,
some one looked up the law and
found there had been nothing illegal
at all. "
In proof Of his contention that the
Hamburg American men had acted lie.
gally, Rand cited the case of American
SHIPS which cleared Hong Kong for
Manila during the Spanish American
war carrying cargoes Of scrap iron.
"Great Britain" he said, "didn I
contend that the shipment of scrap
iron to Admiral Dewey at Manila was
Illegal. "
Judge Howe announced during the
forenoon that he would instruct the
jury that the fact that cargoes aboard
the supply ships were intended for
warships at sea should nave been in
cluded in the manifests. This came as
a reverse for the defense.
Court attaches believed that q disa.
greement is not unlikely.
In closing his argument, Rand de-
clared that the government s case mar.
rows down to whether or not it is a
crime to permit an unintentional error
to creep into the manifests such as
made the port authorities statistics In
correct by $4,000.
"The promoters desperately hurried
as they were engaged in patriotic
duty" Rand declared, "and perhaps
they overlooked this detail. We had
no reason to defraud America. The
purpose Of the enterprise was legal
That is what you must consider"
Referring to Boy-ei, he declared.
81 hold no brief for Boy-ed nor the
German government, but Boy.ed has
not ben shown to be q conspirator in
this case.
"If you Americans were in Ger.
many when a war broke out, you would
aelp the Amediean fleet all you could
But if you were caught, you would
take your medicine and be proud.
"These defendants concede that
they helped Germany, but intended nc
wrong.
"Patriots' No-whimpering patri
ots."
Judge Howe charged the jury not ia
consider that the mere fact that the
defendants supplied German warships
violated any federal statute.
''But IL you find that they con
spired to cause any collector or Gus
toms official to make false manifests
or records, then you will return YER
diet Of guilty" he said.
The case went to the jury this after
noon.