New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1916-03-23
He and DR.. Kienzle Allege
They Are Victims of Stool
Pigeons Vaccinations.
DECLARE FAY NEVER
WAS IN KAISER'S ARMY
Conspiracy Denied in Motion for
Separate Trials-Court
Reserves Decision.

When the charges Of conspiracy
against DR.. Herbert Eienzle and Max
prejtung are taken into court their
LAWYERS will try 10 prove them victims
Of the Vaccinations Of stool pigeons
and plotters in pro-Ally employ.
They will seek 20 prove that Paul
Ss;bs. who figured largely in the events
leading Up to the bomb plot indict-
,,snts. but was not named in them, was
,scretly in the employ OF the French
ard British interests; and that these
,,terests had combined 10 set afoot an
,,ti.German agitation in the United
States BY framing what would appear
20 be German plots.
Further. the defence asserts itself to
he in possession Of evidence that Lieu
tenant Robert Fay, self-stylcd German
oHcer. not only never served in the
Kaiser's armies, but IS not even a Ger
man
Breitung Asks Separate Trial.
These revelations came yesterday
when motions we're made before Judge
Msver in the criminal branch Of the
Federal court. seeking separate trials
for Kienzle. Breitung and Engelbert
Broukhorst. Bcnno Loewy, represent
inc Broukhorst and ,.ienzle, explained
tina. a joint trial Of the six accused
men would permit the introduction OF
confessions made by two Of them-Fay
and Walter Scholz.
"There is no doubt" said LOewy'
chat the confessions would be admis
sib!e as evidence against the men who
made ,hcm. But they would be
rreipdic.al 20 the interests Of my
clients. In line with this 7 wish TO call
the courts attention 10 the testimony
given by Or. Kienzle's father in Ger
many, which fatty contradicts state
ments made by Fay
John B. Stanchheld. attorney for
Breitung, submitted an affidavit in
which the banker explained while de-
nying any knowledge of the alleged
bomb plots-his connection with Fay
and other defendants
Met Siebs in Chicago.
Brei.ung's affidavit covered his move
ments since his arrival IN the United
States in September, 1911. He went
into great detail concerning his meet
.ng with Fay and his purchase OF po-
tassium chlorate for the Lieutenant
described in the indictment as an overt
act Fay. he said. he believed 70 be
merely q commercial agent. with no
other interest in acquiring the chemi-
cal save personal profit.
II went direct from New York 70
Chicago. where an uncle OF mine, Al
bert Breitung, lives sald Breitung IN
his affidavit. Friends Of mine intro
duced me 20 a club OF young German
American business men. ! visited the
club frequently and there met Paul
Siebs In a social way. His business, !
understood from friends, was audito'
with some Chicago concern
Save for one other meeting, when he
was on his way 20 New York 70 take
position in the Office Of his cousin, I'd
ward ~ Breitung, young Breltung sald
he did not see Siebs again until March
or April Of last year.
Then he came 20 my ONCE IN New
YORK" the affidavit continues. lie
told me he had come from Germany
and Sweden under the name Of Carl r.
Oppegaard, and had been sent over
here bv some Swedish syndicate Tor
me purpose OF buying copper and nav
irg d. sent 70 Sweden. He also IN
formed me he was working on salary
basis and that the copper was Tor uItl,
mate German consumption. lie to4d
ne ne used the name Of Cppegaard pc
cause 10 vas the name on the S"edlsh
passport which his Swedish connec-
lions had furnished him. He had an
Office with some brokerage firm IN the
Whitehall Building.
Sought Copper for Germany.
He continued coming 20 my Office
almost every morning and frequently
wanted % offer ne all sorts OF PROPOSE
lions. but ne never in any way sug-
ges.e5 he had any connection with the
German government OF that his inter
ests were anything but purely com
merc.aL
"S.ebs happened 20 be- at ny Office
one DAY when DR.. KienzlC came in.
introduced Siebs as Oppegaard and
mentioned casually that he was here
% purchase copper for Swedish people,
Who ia turn expected 70 ree1port II 70
Germany.
"Oue day. 7 believe, in the last week
% June, 1915, I stepped into Dr'
E.enzlc's Office 20 have luncheon win