New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-11-28
Conviction Would Be Dan
Cerous Precedent, Coun-
sci to Argue.
NIGHT MAKE TROUBLE
FOR AMERICAN NAVY
u..d Of Hamburg-Amer
Line Appointed to Represent
the Imperial Government.

,,.h. rovcrnmen, should succeed IN
-;..;ne DR.. Karl Buenz, the Ham
Ansrican Line and others on the
-, Of conspiring to defraud the
- states. counsel for the defence
m ,~rue. 10 will be establishing
....stn, in International law that may
80 exceedingly embarrassing. The
5;erulty would arise, n Us asserted,
.tonld the American people ever ma
.tcr.elres confronted with proolem
sch as Germany met at the beginning
n the present war.
'C.o.e upoa the heels Of the defend
ants concs sIons as 10 facts concerning
I. sunplvinr Of coal and stores t.
German warshIpS by the haihoI
tr,,~,car Line officials comes the hrst
hiking OF the argument the defence
aii MAKE in the trial which Will be re-
,nmsd In the Federal court tomorrow
bcfors Judge Harland B. Howe.
Counsel Tor Dr.. Buenz and the others
have prepared a brief Of about 5000
words which will be submitted TO
Jrjce Howe this week. Many authori-
lies are cited in the endeavor TO prove
that the defendants were wholly wlthin
their rights in aiding the ships OF their
eopntry and that no measure OF inter-
national law was transgressed.
II is advanced by the Buenz lawyers
,bst tho United States has in the past
insisted upon the right OF neutral TO
hermit the sending of coal TO beillger-
en-, warships az sea. Attention Is called
~ the probability Of the American
navy depending on just sucn ruling II
he feet were operating far from
home or jnsular base.
Buenz Governments Agent.
I. was learned Yesterday that the de-
fsnce had conceded that DR.. Buenz was
merel, nominal head Of the Hamburg
American Line. and that with little or
no knowledge of the shipping business
bo ,ras M. in charge OF the company
local office 10 attend 10 the interests
o the imperial German government,
The p,e,ert resident director oil the
Ha,,brrg-American Line had some
tnoVlcdCe of shipping IN ms WoFN ~
.he diplomatic and consular service ou'
,bi. ,rys no. enough to warrant ms as
str-,.n complete direction OF steam
lbio line Of the magnitude OF the nam
L,,,.-- American. tie is seventy-t"o
vcars old aud has been an oiheial o.
The German government Tor ABOUT
torty-hvC yCsTs. H..
T.. has been generally known that
me real managing power OF 'Ie On On
uauv since the death OF emu l. po"r'
resident director and general hahaet.'
IN 1912. has been julius = MiTgcI' -
charge OF passenger trainc' "lli"u III
Sictel in charge Of freight, ard hmI
JoJsver. manage Of ;he Storage. inese
.bsec men have the title Of vice-dlrec-
tors.
Wouldn't Admit An;e-War Plan
Counsel for the defence would noi
admit that Dr. Buenz and the others hau
perfected before the war a system lOi
furnishing German warships wan Goa
and uprl cs. One Of the lawyers NO"
ever. said; :-dood IN
Lea, that the United States Navy had
ro. made complete arrangements Tor
.c,p'vinc its warships M 1orciSh
waters in the event Of war.
Asked n the German naval stan nad
wo,ked ont % plan so mlnutely ina.
Cartqfo Bov-Cd. German naval attache
In Washington. and DR.. Buenz did not
reel speci6c instructions ~ the as
Matching of supply ships when war
broke our a lawyer for the deiehce
said H.. .,,os-
81 don't care 10 answer that cues.
go, bu. viii say that ! understand
that the war college in Washington mas
sgur.1 ont its plans in such minute
detail that there would be little need OF
esbIirg much instructions in the mat
Ter Of coalnc and supplying the meet
b. foreign waters
Adopt'on Of the principle advocated
by the prosecution, counsel lor Vi.
Buenz contends. would be serious
misfortune 10 America. and might Gnu
dssstrously TO the United states Navy
should this country become involved IN
war. u
Opinion Of 1896 Is Quoted.
Charles Lee. an Attorney General OF
the United States. is the Oldest author-
iiy quoted. In an opinion written III
1886 Lee said:
"But it is not prohibited to a neu-
trsl vessel 20 carry provisions 70 'he
fleets or the armies OF either enemy:
except % a besieged place. for It's rehei
under ez gent circumstances; ana &C
cordng 60 this rule IL is lawful Tor the
citizens OF the United States 10 carry
IN their own vessels -four and other
provisions from their own country 10
the fleets and armies Of Britain, as wen
a. France, which are expected at odh
Domingo"
IN tic case against Dr.. Buenz and
the Hsmburg-American Line the gov
eminent De- seeking TO prove also mat
The defendants were guilty OF con
spiracy % defraud" b. failure 70 m
elude on the ships manifests certain
naval stores and supplies which were
on board three Of the chartered vessels.
The defence will argue that DR..
BIerz and his associates had the sane
ton Of international law in dispatch
Ing thirteen OF the fourteen supply
lhips involved in the government ae-
lion. and that no crime was committed
oY 'hc omissions from the manlfests
Of three ships. as the chartercrs would
have been entitled 10 clearance papers
% these omitted items had been in
eiuded. u aili be contended that the
eeiendants had no motive in deceiylng
ne government By false manifests, and
co not deceive the British, because the
coal that was manifested was subject
70 Eeizgrc, ~ we're The other supplies.
Counsel VIII argue that the steam
~ ps. after supplying the German war
tnipt. intended going 20 ports Of des-
imaiion fOf which they cleared, bu,
et'e prevented from doing so By war
conditions