The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-04-13
GOLD SHIP CECILIE
LIABLE, BANKS SAY
Contend Contract Did Not Ex-
empt Vessel for Monde
livery Of 80. 900. 900.
CITE WAR OPENING DATE

BosroS. Apr,i i1-stenoeraphc cop
les 81 tire testimony OF Capt. Charles
August poiack. comma nder OF the North
German Lloyd steamship Kronpinzessin
Cecllle, at the trial Of four admiralty
suits against the company before Judge
Haze In tire United States Dts;rtc. Court.
tell a n Interesting story OF German thor
oughness and give evidence that a. far
back az Ma, 1919, fourteen months
before the European war started. the
company planned 10 meet any emer-
gencv in case Germany should ever
have trouble with EnEIand France and
Russia
The lbellants INCLUDE the Guaranty
Trust Company Of this city and the
National City Bank OF New York. which
sued 10 recover damages alleged 10 have
been sustained by the return 20 this
country # the Kronprinzesrin after SAIL
ing from New York on July IS. 1914.
and the consequent failure Of the North
German LLOYD 10 carry out contracts 10
deliver in Europe shipments OF gold con-
signed by the banks.
The liner carried 81 az. s3s.si. shipped
by the Guaranty Trust oynrpeny for
transportation TO Plymouth. F:nsls nd
in addition To si.Osi.7is for transporta-
ton ~ Plymouth ard S2l0+2ji FOR
Cher5ourg shipped by the National City
Bank
Ia his opening statement J. Parker
K!rl.n. on behalf e the Guaranty Trust
Company. said that -he only exception
l.pon the liability fer the delivery OF
the gold at Plymouth undertaken ~
the bill ~ lading that could be urged
b. the other side as les~en!ng the terms
OF their obligation was that the steamer
and CARRIE sAal. ut be liable for loss
or damage occasioned by :.
enemies .. by arrest and re-
strain; - princes. rulers or people.
Now re alleze that, IN truth and In
fact, there was no war between Ger
many. Great Britain. Russia and
France on July ri at 10 r. NJ. at the
time this wireless was sent by the own
.rs % the steamer TO the cafsair. and
that therefore the action o< I'll. master
vas taken on Misrepresentation d.rertl-
given % him by his owners
That action We sllesc constituted an
abandonment and deviation from the
loyagc undertaken and such
action operated as complete breach o;
contract and entities - 70 recover the
damages ~ have sustained
cap. Polark. who has been in TIE
North German L.oyt ssrsi,r since
August !. 1856, testified that hen he
took command OF the kroUpfiuz"ss.u
cecil. u.s predecessor Eaye him
sealed package with instructions. In
cas- he received wireless message re-
lat!ag to some 6.-elS. and signed seq.
fried 70 open the paclla ze.
At - o'clo1 \, ships time. on the ui-ht
OF July 81 he received a wireless mes
sax" u code reading as follows: :
Erchar1 has suffered an attack OF
catsrrh ~ the bladder which was
signed ''Sl-gfried,' meaning the board
OF directors OF the North German Lloyd
Then as opened the sealed package
and found thes" Instructions. which
translated according to the code. he
said. reed ~ follows.
War has broken out with England,
France ana Russia Return TO Nev
York
T.. captain turned ihe Kronprlnz
around. headed FOR America, and on
August . AT so T.. VI. he received
W.rclc.s message 90 confirmation that
came from Bremen by the Way OF say
Vile. wh.Du read thus Threatening
danger Il war. DO not touch az any
port, England. Franco, Russia. Coun-
rvs Naval Office
The other lih-llants besides the New
York and Boston banks are Charlie.
W Rantpul, Jr,, and Maurice Hans
sens, pa ssougers on the interrupted trip.
The Guaranty Trust Company. Ran
t1ul a1d Hanssens were represented by
Parker Krlin and Charles T. HIckok.
James NJ Beck and Carl A Mead were
attorneys for ire Nanona. city Bank OF
Sew York Edward T. Blodgett Of Bos-
son appeared for the l,bellarts in all four
cas,s. and Joseph LarocGue and Walter
e.. Soyes represented the North German
Lloyd.
The hearing vii he continued on May
- and In the meantime one or more
dispositions may be taken.