Evening journal., 1916-04-18
schiller, Pirate,
Says HE'S GUILTY"

read. twitched his hands continually
and at times. his tongue would pro-
lrude. At other times he appeared
10 become tired and shifted his posi-
ton. lie listened TO the indictment
with attention, however. and when
asked If guilty or not guilty by W.
G. Mahaffy clerk OF the court, he re-
piled i'm a firm voice Guilty, sir
United States District Attorney
Charles f. Curley, who had called
Schillcr's case first, then asked that
sentence be imposed, but Judge Brad
ford said he desired TO review the in
dictment and would defer sentence
The charge Of piracy against Schil-
/ Ter IS said 30 be the first called i'm the
United States Courts since 1914. The
sentence is life imprisonment. II was
al one time punishable by death.
Following the reading of the in
dictment Schiller appeared to he az
ease. he having been worried over his
probable extradition to England,
where he feared he would be executed
as spy. During the session of the
court he appeared amused by the ef
/ forts OF Italian prisoners present to
make the court understand them, as
they addressed il in their native
tongue. When laughing he placed his
hand TO his mouth TO conceal his
amusement.
This was especially true when Vim
cenzo Busacco. charged with violating
the internal revenue laws, was being ar
raigned. Frank Canlso was cndeavor-
ing to translate TO the prisoner what
| Clerk Aiahalfy was reading. but he APP
peaied not To understand what was
said As result 1t was necessary TO
postpone tho arraignment Of Busacco
until another interpreter could be Sc
cured
Following the session Of court. Schil-
Ter was taken 10 the Office of Marshal
Fairy. where he had dinner. He APP
pearcd talkative. and in a conversation
said that had an Irishman been aboard
the Matoppo when he seized tile vessel
he would have been killed.
The Indictment was based on Section
300. Penal Code Of March 4, 1909
"Whoever on the high seas commits the
crime Of piracy as defined by the law OF
nations and is afterward brought into
or found in the United States, shall b
imprisoned for life"
Shortly after o'clock last evening
the grand jury presented an indict-
ment against Schiller. The indict-
ment comprises four counts, charging
piracy. assault. felonious assault and
p, appropriation of the ship and articles
i belonging TO the crew. Three men,
s bers OF the ship crew testified before
{ the jury, they being Captain Richard
= Bergner, Second Officer Allen Maclur
d can and Alexander Dunnett. wireless
d operator. and Captain of Detectives
+ Thomas J. Tunney Of New York City
= In it's presentment the grand jurl
reported
= First. That on March %. 1916
r Clarence R. Hodson. alias Clarence r
Q Hudson. alias Ernest Schiller, did un
= lawfully and secretly board th'
a steamship Matoppo in New York ei
q route from the port OF New York L
:. VladivostOk, Russia. and afterwardi
on the high seas did feloniously seiz'
. and appropriate the control and au
= thority over the steamship from Rich
. ard Bergner. the captain and master
= with the intent 10 rob, and plundei
= the said steamship and was after
\ wards, on March 80. 1915. brough
a into and found in the District OF Del
]
n aware.
: Second. That Schiller did assault
. the master and put him in grea
= bodily fear and danger OF his life, ant
a thereupon did take and exercise au
% thOrity over and control or tn
a steamship and her crew and did seiz
4 and appropriate certain arms and am
munition then and there on sail
steamship and did damage and caus
=. to be damaged the wireless apparatu
Z, on the steamship so that communica
- ton might not be had between III
steamship and any other ship or poin
H. of land, all OF said acts and depreda
g tions being forcibly and feloniousl
v done with the intent TO rob and plum
r der the said steamship on high seas
81 Attack on Captain.
at Third. That the said Schiller di
m feloniously make an assault upo
~ the master and put the ship in hi
~ own control and appropriat
I'd four gold sovereigns and sundr
at civil coins to the value Of GO (nin
oil pounds) and one silver certificate {
IN the denomination of 50, the propert,
IA goods and chattels OF the captain.
Z Fourth. That the said Schiller di
70 appropriate ttiAdiA ldbtAo hhbM
as the cargo plan Of the steamshi
and a certain glass. known as tn
chart magnifying glass"
The indictment rendered is know
as No. II. March term. 1916. Unite
N States District Court. Delaware, III
N der the Act OF March 4. 1909, Sectio
" 29O. Of the penal code Of the Unite
States This part OF the Act referre
les 10 regarding piracy, reads:
.st Whoever on the high seas COM
ON miis the crime OF piracy as de-
m fined by the law of nations, and
*, Is afterwards brought into or
OF found in the United States. shall
Dit be imprisoned for life.
IN Tho Act originally read that pun
mt ishment for piracy In this COUNT
was death. But this Act W;
We amended first in 1897 and later
les 1909. and the sentence was change
". from death TO life imprisonment. TT
OF last case OF piracy 10 be decided
rst this country, as nearly as can
er't learned from the records, was by
NJ New York judge in 1913.
Is The grand jury concluded its woI
hg shortly after o'clock last evenin
od returning eleven indictments.
Earl and Alfred Johnson. colore
OF charged with rifling a mail pouch {
"u Christmas eve. containing securiti
OF the dupont Powder Company. va
y. ~ ued at nearly s1O0O.OO0. were indict
A. on two counts.
81 Others against whom indictmen