New Britain herald. [microfilm reel] (New Britain, Conn.) 1890-1976, 1915-03-13
DEFENDS ACTION OF
CAPTAIN OF E|TfL
German Ambassador Says He Acted
Under Declaration Of London


IN SINK NC AMERICAN SHIP FRYE
Full Story of How Vessel Was Sunk
in. South Atlantic by German Cruz
ser Officially Laid Before American
Government.
WASHINGTON, March 13.-Count
Bernstorff, German ambassador, In
discussing with state department Of
1cials today the sinking of the Amer
lean ship William P. Frye, defended
the action of Captain Thierlchens OF
the German auxiliary cruiser Prlnz
Eitel Friedrich, contending that he
acted under the declaration of Lon
don, which was the only guide he had
as to disposition of prizes
The ambassador before going to
the state department, conferred with
Captain Boy-Ed, naval attache of the
embassy who returned yesterday from
Newport News, where he went to
hear the story of the sinking. of the
American vessel from the comman-
der Of the Prinz Eitel.
Presents No Note.
Count Bernstorff did not present
any note to the state department and
said he had received no instructions
from his government He said he
called to discuss the question infor
mally and learn what was the view
of the United States.
In defending the action of Com
mander Thierichens, the ambassador
contended that when the officer left
Tsing-Tau at the outbreak Of the war
last August he had nothing to fol-
low but the declaration of London
in deciding what to do with vessels
he might seize. For that reason, the
ambassador argued, he had a right
to sink the Frye as its cargo of wheat
was consigned ITO order and des-
tined to fortified port Of the enemy.
SO long as there was no port into
which he could take his prize, he had
a right, the ambassador commended,
to destroy not only the cargo but the
vessel itself.
Did Not Know Decision.
Furthermore the ambassador ar
gued that the mander of the
Prinz Eitel, when he sank the Frye,
did not know that a German prize
court on August 3 had held that be-
cause a merchant ship was bound
for an enemy port was not sufficient
proof that her cargo was destined
for the enemy.
The case of the Frye, however, the
ambassador says, would have to be
settled in accordance With internal
tional law, because Of the present
status of the declaration Of London
1--WE do not intend he said, ito
disregard any Of the judicial nice
ties in the CASE
Will Not Affect Case
While no furmal comment was
made at the department after the
German ambassadors visit, officials
took the view that although the cap
tain of the Prinz Eitel may have been
acting under the declaration of Lon
don and ignorant of it's stauts, that
might be factor in relieving him
from personal responsibility, but
would not affect the case as between
the United States and the German
government. Under that declaration,
a vessel carrying a cargo more than
half of which is contraband can be
destroyed if unable to be taken to
port.
It was held by administration
officials that the German captain had
no right to act under the declara-
ton in any event, for when the war
broke out it had not been generally
ratified and, therefore, not IN force
The general expectation was that
decided
ternationa1 law existing before the
declaration of London was made,
when it was not legal to destroy a
neutral prize unless it's cargo was
ccnfessedly contra band, such as arms
and ammunition, and in case of eX-
IRENE necessity to avoid recapture.
Officials were confident restitution
would be made for the loss of the
ship though they were not SO sure
to the cargo because Its Status in a
prize court would be as complicated
as that of the Wilhelmina, now held
in England.
Full Story of the Sinking.
The full story of how the Amer
lean sailing ship William P. Frye
was sunk in the South Atlantic with
her cargo of wheat by the German
commerce raider Prinz Eitel Fried
rich, was officially laid before the
American government today by the
Frye's commander, Captain H. II.
Kiehne.
Upon Captain I<iehne's formal
statement, made before state depart
ment officials, the United States will
decide upon it's course which prob
ably will be demand for an ex-
preston of regret from Germany, and
payment for the loss Of the ship and
cargo.
Deceived by Bryan.