Evening star., 1915-12-04
Sequel to Conviction Of the
Hamburg-America Steam
ship Line Officials.
SAILING OF STEAMSHIP
UNDER FALSE MANIFESTS
One Defendant Gets Year in Prison,
Three 11a Years-Company
Fined 81.

NEW YORK, December A.
DR.. Karl Buenz, George Kotter
and Adolph Hachmeister of the
Hamburg-American line, recently
convicted of conspiracy to de-
fraud the United States govern
ment, were sentenced today TO
serve one-and-a-half years in the
federal penitentiary at Atlanta.
Joseph Poppinghaus was SEN
fenced to one year. The Ham
burg-American line was fined 81.
All the defendants were admitted to
bail pending the suing out of writ OF
error in their behalf. Bail was fixed at
$4,000 in each case and was accepted
from a surety company.
Motion for Dismissal overruled.
Sentence was pronounced after Judge
Howe had overruled motions by VIII
liam Rand, jr., chief counsel for the
defense, for dismissal Of the verdict on
the ground that 1t was contrary TO the
evidence and law in the case. In max
ing his motion Mr.. Rand said he had
little hope that it would be entertained
by the court.
United States District Attorney ii.
Snowden Marshall. in moving for SEN
tence, said it was his painful duty to
ask for substantial punishment, not 80
much for it's effects on the defendants.
but to serve as a warning to others.
None of the defendants showed any
emotion when sentence was pro-
nounced Prior to the opening OF court
they were surrounded by a number OF
sympathiZers, with whom they chatteo
freely. DR.. Buenz told his listener
that his only regret was that ths
American people should believe he had
done anything to in5ure them or had
ever had anything but the kindliest
feelings toward this country.
Through Mr. Rand, the director OF the
Hamburg American line asked Judge
Howe to take into consideration that
his three co-defendants were his sub
ordinates, and that if any offense was
committed they were merely acting
under his orders.
Avoids "the odor of Money"
The nominal fine imposed on the
Hamburg-American Company was ex-
planned by Judge Howe as due to his
wish to free the case, as far as possi-
BILE, from the odor of money He said
that there was no evidence to show
that the company, as such, had entered
into any conspiracy, and that 1t was
probable that DIR. BuenZ alone had any
power to bind it in any of the proceed
ings complained of. The lighter SEN
tence imposed on Poppinghaus was in
recognition of the fact that he occu-
pied subordinate position and merely
had carried out the orders of his su-
periors without having an active part
in the planning of the conspiracy Tor
which they were convicted.
In sentencing DR.. BuenZ, Judge Howe
announced that if the sentence was con-
f1rmed in the higher courts he would
be willing to support any move to OBJ
tain clemency on the ground or the
advanced age of the prisoner.
This case said Judge Howe, will
undoubtedly be taken to the court OF
appeals and to the United States Su-
preme Court. If sentence is affirmed
and it is claimed that Imprisonment
would be a peril to Dr.. Buenz on ac-
count of his advanced age, the case
will be referred to the executive de-
partment of the govehment This
court will be willing to take anN ac-
of such move"
Maximum Penalty Under Law.
The maximum penalty which could
have been imposed on the prisoners under
each indictment was two years imprison-
ment and fine of $4,000. Each was in
dicted on two counts, but Judge Howe
declared that he considered both indict-
ments to cover one offense.
The trial of DR.. Buenz and his associ-
ates was the elimination Of an investi-
cation begun last winter by federal
agents into the chartering and sailing Of
certain vessels from American ports in
August, September and December. 1914.
1t was charged that these vessels,
concealing their purpose by false mani
tests and clearance papers. were en-
gagged in supplying provisions to Ger
man cruisers which were raiding Brit
ish ocean commerce. Sixteen vessels in
all were Investigated. Some Of them
were captured by British warships at
sea far from the course on which they
ostensibly sailed. Others were reported
at ports very different from those for
which they cleared. In one instance, at
least, that of the American steamer
Berwind, it was proved that the ship
had transferred supplies to two Ger
man cruisers.