The Detroit times., 1917-12-21


Mrs. Carl Schmidt and Tranz Resph,
took exception 10 the courts re.
fusai 60 accept his requests t0
charge
Eugene T.. Misierskt. representing
Fritz and IDA Neef. said he had DO
exccpiions, but g r. Bradley kalt-
sctInldra Btiorncy read q long iiFt
of exceptions. mostly regarding The
ianruaec az ibe court in deHcrih.ng
conspiracy and the acts that would
constitute conspiracy
Judge Tuttle made no comment
and ordered The jury Go retire 20
consider its verdict
n appears to have taken The at
forneya and others Interested in ihe
cases a loua time ln discover deh-
nitely iusi what penalty may oo ii.-
ifcted In the event that tae delena
ante are found guilty on an ihe
counts In Tho indictment out Juose
Tutle has nUred 10 cot that ihe
maximum penalty is SIX years no
prieon and dnos ~ $4,000 OF both
In bis charge 20 the jury Juoge
Tuiie. after explaining The duties
of Tho Jurors lu general way, ok
plAfuad the various charges against
the defendants. making IL partcu.
fn.fv clear that 10 was not ncccs
eary FOR conspiracy 90 he success.
fully accomplished go De q conEplr-
acy Just The same and 20 be pun
ieAAbla quite aa II t. were success.
fui He said. IN part
The nrst ~ the crimes CHARGED
against the defendants ls the CRIME
~ couepirhrY 90 begin ann SET en
scot ard provide and prepare the
means for n military expedition or
rnfernriee 10 De carried on from
vlfhin the territory ~ The united
states against Canada.
One ~ the Federal statutes proc
vides that Hf two or more persons
ronspire either 20 commit any crenae
against The United states. or % de-
fraud the United states in Any man
ner or FOR any purpose and one pr
more Sf such nhrttes 40 any set 20
effect ths object ~ the conspiracF
each OF the parties 70 such conspiracy
Ehau be nned not more than $40 0'a
or imprisoned not more Than two
years or both
You viii remember. that the statute
7 quoted % ycu does not make the
mere formation % a conspiracy 70
commit crime an odenee against
the United States unless In ADDITION
10 the forming 81 such conspiracy
one or more ~ ths parties do any
act 20 eject the object 81 ths con-
spiracy That ~ 60 say, the mere
forming Of a common plot or plan
20 commit a crime, while it wOuld b
conspiracy, would not be VIOLA
ton OF this statute unless after The
forming OF this common plan or pur-
pose. one OF such persons does some
set 20 carry out such purpose ~
fE not necessary that this act should
be the actual commission ~ tho crime
which is the object Of the conspira cy
1t may be any Act done for the rur-
pose OF furtherfnR or promoting tbs
success cf the conspiracy The mo-
ment. however. that any one ~ such
persons has done an act of the kind
1ust mentioned. that g. an act 20
further the object OF the conspiracy
then all ~ the persons who are par
ties 20 such conspirAcy arc guilty of
the crirns Of conspiracy 20 commit an
ofenss against the United states
Now the particular of1ense against !
fhe United States or IN other words, /
FEDERAL crime which u is charged
that these defendants conspir@f 20
Wommit is the crime 20 which 7 re-
esYrsd at The beginning Of this charge.
namely. he ginning and setting on
foot and providinr and preparing the
means for n military expedition OF
enterprise from the United states
against the Dominion Of Canada
One OF the Federal statutes pro
wfdes that "whoever. within the ter
y1tory or Jurisdiction OF the United
States. begins. or sets on foot. or
nrovides or prepares tho means for.
any military expedition or enterprise
70 be- carried or from thence sgaipFt
the territory or dominions of any
colony, district or people, with whom
fhe United states are az peace shall
be lined not more than - 600 nnd
imprisonsd not more than three
years"
This then ls the crtrns which the
eonspired 20 commit The purpose ~
this sta tute is 20 prevent violations
OF neutrality on the part 81 this
country az against other countries
with which we are 40 peace.
THIS Indictment charges that Al
Richard Herman Fritz A Meet one |
Echoltz frst name unknown Gustnve !
II jacobson Ida Neef formerly !
IDA Kaitschmidt. Gustav steven |
Charles r Respa, William I,erer. and !
Carl Schmidt Fslled ths defendants |
within this district willfui'y snd fei- !
oniousiv conspired together md with /
other persons whose names arc un-
known 70 begin and set on foot cer- |
tNlU fnIlNAEl FnNFTRFANfN MfNM nIfNN Joe ]
and prepare the meana for such en-
terprises 20 be carried on from with 4
IN the territory 81 the United States /
against the territory and doufninns /
OF the King of the United Kingdom I
OF Great Britain and ireland for
eiRn prince with whom the United /
states then were and aver since have /
been az peace. namely aCR inst tho |
Dominion 81 Canada. The intention 4
OF said defendqpts and The design and /
purpose % saif military enterprise /
beinv If1 % blow up and infure fhe /
factory % the Peabody company IN 1
Waikerville Ontario which factory /
was engaged in manufacturing and /
furnishinr uniforms and military
supplies for the Canadian troops md |
for England France and Russia. % /
be used BY the rove ernments ~ such |
countries IN carrying on military
operations against Germany md AUS
tria Hungary with which they were
Rt war which the defendants knew
intending by blowing up such plant
20 hinder and prevent Tho furniehing
OF such military slloplieH t2) 20
blow up and iniUrd ~, re,hutIdiuK in
the city ~ Winds0rA OutaffS-knnwn
- t--~- windsor ArmeNos rGsA hrrnor-i
les being used for st0ftrf arms ana
munitions OF war and for drilling and
cuarterlng trnops andaprep8ri them
for service iu che war already mem
tiouEd and for collecting and Hforiur
munitions ~ war and arms Tn carry
ing on said military operations che
defendants inten3fhH thereby to hin-
der and prevent che training ~ such
tronUa and o. de- etrov srrh munitions
or wsr and arms ana thus to binder
the Dominion 81 canada ard Eng and
In carryida nn such war 90 to blow
up aud luiUrC other plants ard build
lngs u Couada which were used f1r
tho menurnrfnrr and supply ~ muui-
tions Hf war. uniforms and rinn'ies
Tor fho Canadian nnd EnEilph mni-
tarf fnfres H carrying ou this war