New-York tribune., 1916-05-09
Faces IL Years for
Conspiracies to Sink
Allies Ships.
CHIEF PLOTTER
MAY AID u. S.
Promised Interesting Story
if Guilty. Scholz and
Deache Share Penalty.

LltultUdnl hODtIL ray, VI NHc p'i
man army, and a German Secret Ser
vice agent, and his two fellowconspirs-
tors, Walter Scholz and Paul Dseche,
were found guilty last night Of con-
spring 10 destroy ships carrying mu-
nitions to the Allies with bombs in
vented by Fay.
New and startling developments in
the German plot cases may follow the
convictions, especially as regards Fay.
During the trial he twice sent for Chief
Flynn of the Secret Service, and told
him among other things that If he
we're convicted he would have an in
teresting story to tell. He seemed to
be holding something in reserve and
objected to the manner in which his
defence was handled, once insisting on
questioning witnesses himself.
The United States Circuit Court was
empty save for lawyers, government
employees and newspaper men when the
Jury came in little after 10 o'clock.
All three defendants gazed directly
ahead of them, ignoring the jury, as
Judge Howe took the bench.
1--WE find all three defendants guilty
as charged in both indictments" said
Howard NJ. Patterson, the foreman.
"The jury makes strong recommends
tion for mercy on behalf Of the de-
fendant Daeohe."
IL Years Maximum Penalty.
The first indictment carries with IL
a maximum penalty Of two years, and
/ the second ten, total of twelve years.
A $4,000 fine may also be imposed.
After a conference with counsel,
Judge Howe postponed sentence until
! 10;3O o'clock this morning. Fay and
Scholz, who have been locked up since
their arrest last October, were remand
ed 10 the Tombs, and Daeche, who has
been out on $4,000 bail. was ordered
TO report on his bond at that time.
The jury had been out within min
ute Of FIVE hours. At $3.50 they agreed
Z on NerOlCt, ana sent WOIu 10 JuuRe
Howe, who was at dinner.
/ Fay was convicted on the first bal
/ lot Scholz's case took two ballots, the
! first being 10 to , against him. For
/ Daeche the jurors had sympathy, con-
sidering him a younger and less expe-
rienced man than the others. The first
ballot was to 6, and IT required sew
eral ballots to dispose of him. Debate
over Daeche's guilt is responsible for
the delay in reaching the verdict.
Max Breitung, nephew of the million
aire banker, f. n. Breitung, who was
| indicted jointly with Fay and the others
/ found guilty last night, and two other
/ alleged conspirators, DR.. kienzle and
/ Bronkhorst, will be put on trial next
week.
Confessions a Frame-Up."
! The case. which took two weeks and
a day to try, was given TO the jury
I at a:3l o'clock, after Judge Howe nm
/ ished a charge, lasting an hour. John
/ c. Knox, Assistant United States Dis
( trict Attorney in charge OF the case,
/ took an hour TO sum up the govern
ment's contentious. The defence took
the entire morning, from $3.50 to
o'clock, for its summing up.
nBHTJ L. oHbCis NOHhSN'
was the first TO open for the defence.
He began by ridiculing the govern
ment's claim that Fay was the head OF
a conspiracy TO sink vessels carrying
munitions TO the Allies. He pointed
out that the evidence showed that Fay
and his associates on trial were prsc-
tically penniless at the time OF their
arrest, thus making expensive plots
~ ~
ton.
He said the crux of the case hinged
=, obtaining "TNT" as trinitrotoluol
!, commonly known, by Fay. He said
that Fay. instead Of wanting this pow
erful explosive. which is used in naval
mines. lodged it, leaving orders that
!, be not received. II was finally
nlanted on him by Paul Seibs, the gov
rrrment witness. Unger said he also
handed as products OF police third
Ssaree methods the confessions made
~ tbo nrisoners after their arrest.
Plea for Young Daeche.
lanes J. Mcdonald, counsel for
rav,s hrother-in-law, Scholz, followed.
ua declared the indictments to be the
features of the nervous tension in
c;dental TO the war. and that II any
1--WE had been committed. it was one
Of having explosives in ones posses,
.ion, a charge that could be lodged
only against Fay.
Addison S. Pratt, counsel for Daeehe.
Mr., Pratt made out an excellent case
for his client. in the opinion OF those
in the court room. The evidence, ne
said, failed to connect Daeche with