The sun., 1916-04-18
YON PAPEN INDICTED
As A BOMB PL0TTER
Named as One Of Five in EXpc-
ditiOn Against the We'll
land Canal.
TAUSCHER ACCUSED ALSO
Three Prisoners to Plead To-
day-WOmam Said to BE
Fifth Offender.
TACSCHER ACCUSED ALSO

Capt. Franz won Papen. former MILL
tary Attache to the German Embassy.
who was dismissed from this country
because Of improper activities in milf
tary affairs" was indicted yesterday
afternoon BY a Federal Grand Jury on
n charge of having engaged in mill
tary enterprise to destroy the Welland
Canal. n Canadian waterway.
Capt, vun papeu is accused IN the
indictment as having furnished funds
for the expedition to Horst won der
GoltZ. German spy, and also having
supplied to Won der Goltz electric gem
orators, fuses and other wires for use
in decorating 200 pounds OF dynamite
which Capt Hans Tausrha'. krupp
agent IN America and husband OF Mime.
GadsNi is charged with having pur-
chased. Capt. Tauschcr was also in
dicted YESTERDAY as were two minor
hgures.
only four names out of the five men,
toned ia the Indictment, which was
kept sealed were made public. The
NTH name was withheld until noon to-
day II is expected that this defendant
will hc broueh; into court to-day TO
plead to tn. Indictment and furnish bail
The authorities int.mated that this de-
PENDANT was a person OF prominence.
indictment without Precedent.
I'll. Indictment Of Won Papen is with
out precedent II was ordered bt the
Department Of Justice. United States
Attorney Marshall said, after a sum
mary - the evidence against Capt. Won
l'apcu. capt Tauscher and the three
other d,fcudauts was laid before the
Attorney y-,;.neral. Because of the Lack
of precedent for tho indictment the act
of the Federal Grand Jury, Of which
Boyd Decker * chairman. WAS regarded
as indicating ~ AN emphatic manner
the atiitud. of the Administration to-
ward N. plotters against neutrality.
Ar,otdiug 20 Internal ional law an AM
hassador MS stan and his servants are
entitled to immunity from prosecution
for anl crimes These privileges and
'rmunities according to the tlclop;edia
@: Law and Procedure. do not expire
with tho cessation of his functions, but
ne retains them until Tie returns TO his
principal
The Interpretation that Roger B Wood
Assistant United states Attorney ir
c,latge of ,hr criminal division, Tut upon
tho international law is that while Capt
Npn Iapou waS immune from arrest ~
prosecution until h" returned - Ger
many. mat immunity No longer holds and
he would lee subject to arrest should ht
r,turu to this C,uutr,
Mir wood had charge II IN" fiamin-
ul the rVIdcuC" against the Hamburg
America officials ana prosecuted th'
yas. ~ that trial hc adduced evidence
r.yD,tliu. the activities of capt. NAr
Boy-Ed. naval attachc to the German
EMBASSY. IN connection with the pruvi
siuuiug of German cruisers III the At
lantic and pacihc oceans. He showed
taat Ca,,t Boy I'D received and dlshursec
large amounts of money IN accordance
VITA instructions sent by code from Ger
manN
Nv Wood has developed IN" evidence
Iralust capt Nun rapen, capt TausChcr
the TWO minor defendants and the un
,amcd person. II u regarded AS possible
that capt. Won iap"n might not haN'
been indicted the Federal auth"riti.
do not expect to Try him. FOR they do no
think Germany would return Nim for tina
turp, Sa--had not the proof against tn
other defendants been interviewer 81 in
.NtricablS around the former militar.
attiChs,