Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1917-03-06
Loses Habeas Corpus Suit
In United States Sup
rene Court.
WILL FACE TRIAL
IN BOSTON COURTS
German Reservist Lieutenant Must
Answer Charge Of Unlawful Trans.
portation Of NEUTRALITY-SUSPICIOUS.
Asked by Canada Where Horn Is
Wanted For Dynamiting Bridge
Near Vaneehoro, Maine, in 1915.


the German reservist lieutenant who
dynamited the international bridge
near vanceboro, Me-, In 1915, today lost
his habeas corpus suit in the supreme
court in which he sought to avoid be-
ing tried at Boston for alleged trans
portation Of explosives on passenger
trains.
The court did not decide Horns con-
tentions that in a belligerent act
against Canada his German army COM
mission exempted him from American
prosecution and made him punishable
only by the state department.
The trial at Boston of Werner Horn,
held in connection with an attempt to
dynamite the Canadian Pacific railway
bridge across the ST. Croix river, on
Feb, 2, 1915, was suspended by Horn S
habeas corpus suit. Under federal
Indictment charging unlawful trans
portation of explosives from New York
thru Massachusetts to Vanceboro, Me-
the American terminus Of the interna-
tional bridge, Horn has been held in
jail at Boston in default Of 100000 ball.
Reject Habeas Corpus Plea.
Horn appealed to the supreme court
from rejection Of his habeas corpus
plea by Federal District Judges Put
nam and Hale, Of Maine, and Morton,
Of Massachusetts. Their dismissals
were affirmed by the first circuit court
OF appeals. Alleging that the dlsmis-
sails were improper and that he was de-
MED fair hearings before the Maine
federal courts and immigration officials
at Bangor and Portland when extradit-
ed to Boston. Horn asked the supreme
court either to discharge him from Gus
tody on the ground that he is exempt
from punishment in United States
courts, or that ne be returned to Maine
for proceedings Sin accord with law
and Justice, 2 ss5;;2sss4 {.
Altho the Canadian authorities asked
Horns extradition, he was held for
trial on the charge Of unlawfully car
rying dynamite on passenger trains to
blow up the bridge, which was damag-
ed, tho not seriously, and only on the
Canadian side. After the explosion
Horn was arrested at Vanceboro and
admitted the dynamiting, declaring ne
was first lieutenant in the German
landwehr, or reserve army, a citizen OF
Germany, and acted as belligerent to
cut off shipment Of war munitions.
Authority to Act Implied.
Immunity from prosecution in United
States federal courts on the charge Of
Interstate transportation Of explosives
was claimed by Horn. He contended
that mere possession alone of his re-
serve army commission operated to
give such exemption-while in COM
mission Of an alleged public" and bel
ligerent act of war against an enemy OF
Germany He contended that his au-
thority to act was implied and that ex-
press authorization or command from
his government was unnecessary. AL
tho the German government has not
avowed responsibility for his acts,
Horn contended that he could not be
punished in American courts and was
punishable only for violation Of Ameri-
can neutrality.
Refusal Of Federal Judges Hale apd
Putnam to entertain or permit filing OF
his habeas corpus suit also was set UP
by Horn as ground for release from
Boston and return to Maine. Denial OF
CONSTITUTIONAL rlSHts ol HaoedS coipus
was alleged.
That Horn, even tho a German army
officer. is punishable for infraction OF
United States civil law, altho upon an
enterprise against an enemy Of Ger
many, was contended by the depart
ment OF justice Iii the supreme court
proceedings. Lack Of authority from
or avowal Of responsibility by the Ger
man government for Horns acts also
was set up by the government.