The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1917-12-07
ROD|EK- SCHROEDER
Statement SEEKS
TO FIND EXCUSES
0ffense Having Been Committed
Before War and ignorance
Urged IN Extenuation
MAINLAND COUNSEL ENDS .sss
EXPLANATION or PLEA
Assertions Used In Seeking Mlti,
cation Of Penalty Are In
T. Way Of Explanation 7s

81 =
~. aNH -------- y "T Il,
Copies of a statement issued by the
counsel for Georg Rodiek and II. a.
Schroeder presented in connection with
the change of plea from not guilty 10
guilty for them were given out in Ho.
nolulu yesterday, IL being said that
they had been cabled to Thompson,
Milvefton 4 0athcart by Sullivan &
Roche, the attorneys for these two de-
PENDANTS
1t Is said that Thompson, Milverton
4 Cathcart have not been counsel for
either Of the two defd Elants, but that
Mr.. Cathcart while in San Francisco
talked with District Attorney Preston
about the case, his firm being counsel
for Hackfeld q Company. As result
OF his telling the district attorney he
was convinced that the two Hoholu.
lsns had mot knowingly violated the
law. He was advised that If they would
submit all evidence in their possession
they might escape more severe penal
ties. From that time on, It is to be in
ftrred, proceedings moved along to the
Plea Of guilty. is' 3's. .s
Guilty to Indictment .......
The plea Of guilty entered for Ro-
dick and Schroeder is not to techni.
cal violation Of the law, that is a plea
in extenuation which they make. They
plead guilty to the Indictment of hav-
ing conspired to violate the neutrality
of the United States. In extenuation
the statement issued says that the Of.
fense occurred before the United
States had eprered the war. Had this
not been tho case there would have
been no violation of neutrality, but q
direct act of enmity.
It is further pleaded that neither of
them was cognizant that he was com
hitting an offense, although il is .ad-
mitted they furnished goods and trans
mitted orders. In this respect there Is
an old legal axiom that ignorance Of
the law excuseth no man, say local at!
torneys. tEs. ,,,$.. a. y I.
Statement Of Counsel *, i. D..
The statement issued by Sullivan &
Roche for their clients, said: .t.F
"While constrained Under the exist
ing extraordinary conditions to the en-.
try Of a plea of guilty in behalf Of the
defendants; Georg Rodiek and II. A.
Schroeder, of q violation of4oBedoft the
neutrality laws of the United States
il is but fair not only to the American
citizens of the Hawaiian Islands,
smong whom they have lived and, Ia
bored 30 long, but to themselves as
well, that the circumstances which
prompt such action on their part be
stated. tw". q far .5y' t..' - Pc Z
Country Not ,Belligerent ,I@. Hr.'
$50 far as these two defendants are
concerned, the matters charged in the
indictment occurred long prior to any
state of actual or declared war be-
tween the United States and Germany,
and during time when a bitter and
relentless war was being waged be-
tween Great Britain and Germany.
f'IThe transactions, because of (which
these two defendants found themselves
involved in this Indictment, which con
sisted exclusively in arranging for the
furnishing of provisions and money
TO the steamer Maverick III while at
Hilo and the transmission to her mas
ter of sailing orders previously com,
mupicated to them, took place during
the months of April and May, 1915,
and were regarded by them as purely
commercial in character, involving no
breach Of any obligation due from eth.
er of them TO the government of the
United States. ~ ..,rHt W
. aNeither of these two defendants
at the time these transactions occurred
was cognizant Of the fact that n'parti.
cipatipg therein he was violating any
law of the United States. ri 4, h"-
z f'Twenty, seven years ago Mr.. Geor..
Rodiek went to the Hawaiian Islands
end later became an American citizen,
married an American and rose TO prom,
inence in commercial life in Honolulu
1.-THE residential head of Hackfeld 4
Company has always acted as the 10:
ell German consul. When, in Septem.
her, 1913, Georg Rodiek became the
local managing director of Hackfeld y
Company, he incidentally became the
resident German consul at Honolulu,
receiving his exequatur from the GOV.
eminent of the United States. 1t is
and has been customary for American
citizens, native.born aud naturalized,
to act as consular representative with,
in the United States OF foreign govern
ments, and the incumbeney Of such of.
fee involves no surrender of the obli-
cations resting upon thcm as American
citizens. W ga 49,. T. a..
Took Legal Advice .s.E
1" Immediately upon the outbreak OF
the European war, in August, 1914, Mr..
Rodiek, becoming apprehensive that
duties as consular representative, Of, the
German government might conflict WITH
the duties of American citizenship,
sought the advice of counsel, the most
prominent American lawyers in Homo
l6m, and was by them, Informed that
the retention of his Office as German
consul was not inconsistent with his
duties as consular representative or in
violation Of the Presidents proclama-
tion Of neutrality. NJ, . Y. p.
=. CATER receiving this advice, Mr..
Rodiek continued to act as consular
representative of Germany until dip
lomatic relations between Germany
aud the United States were severed.
The Office of consul is mainly a com.
mercial agency and II was in the ca,
pacity Of commercial representative
alone that the defendants, Rodiek and
Schroeder, gave attention. 20 the mat