Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1916-05-13
FOR, BRITAIN ON APPAM.
Prize Ship Not Covered By Prussian
Treaty, Lansing Wrote.

Norfolk, Va, May 13. British
owners of the German prize ship Ap-
pam began their effort to recover
possession of the vessel in the Fed
eral Court here yesterday with the
submission of a letter from Secretary
Lansing to the German Ambassador
at Washington, expressing the opin.
ion that the Appam did not fall un-
der the protecting clauses Of the
Prussian- American treaty.
The Secretary's letter, holding to
view opposite to that which it had
been understood was entertained by
the State Department, was admitted
in evidence by Judge Waddill over
the protest of attorneys for the Ger
man Government and Lieut.. Hans
Berg, the prize commander, joint de-
PENDANTS in the owners libel suit.
Preliminary briefs have indicated
that the German case would be built
largely upon the treaty provision re-
fered to in the letter.
Three officers of the Appans Brit
ish crew, her master, first officer and
chief engineer, testified as to the
ships position when captured by the
raider Moewe, the placing of bombs
about the ship by the prize crew
to prevent mutiny and the removal of
bullion from her cargo.
Counsel for the libelants secured
admission as evidence, over protest,
of section 10 and III of the Ger
man prize code, which it is contended
deny the right of German prizes to
take refuge in neutral ports under
such circumstances as existed in the
Appam case, The Appam's certif-
cate of British registry also was in
troduced and accepted over an objec-
ton. Sparring over legal intricacies
occupied a good part of yesterday.
Secretary Lansing in the letter in
corporated in the trial record made
the point that the Appam came into
Hampton Roads, not in custody of
German warship, but purely as
merchant prize, and alone. The Prus-
sian-American treaty, he held, ex-
tended protection to prize only when
conveyed into port by war vessel.
1t was pointed out. s:however. that
this was legal question that should
be passed upon by the court, and the
letter was introduced, attorneys said,
as evidence in the nature of expert
testimony.
1t was understood that the German
Ambassadors reply sharply COM
batting the position of Secretary Lam
sing which never has been made pub
lie, would be submitted to the court
later by the German counsel and that
a rejoinder from the Secretary might
also be put in evidence.
The Appam's position when cap
tured was stated by her officers to
have been about 100 miles from the
point given by Lieut.. Berg. The
owners say she wass about 1,50O
miles nearer Emden than Norfolk,
and that her captors were bound by
international law to take her into
the German port rs.iler than across
the Aaltntic.
Washington, May 13.-The Ger
man Government claims possession of
the Appam under Article 19 of the
treaty of 1899, which provides that
the vessels of war, public and pri-
vate, of both Germany and the United
States shall have free entry and de-
parture with their prizes from ports
Ol DOLn countries.
The contest arises over the fact
that the Appam was not brought in
to Hampton Roads by German war;
ship, but came wholly unaccompanied,
purely merchant prize and alone.
The treaty makes no specific provi-
SIGN for a prize which comes alone,
and deals only with those brought
by warships. The Appam, however,
had German prize crew aboard, and
these complications are to be decided
by the courts. Ultimately the case
probably will end in the Supreme
Court of the United States.
The British owners of the Appam
seek to recover her by libel proceed
ings.
RANEHEAD REATS H0RS0N