The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1917-05-29
ARGUMENTS IN v
ROEN|Tz CASE
One Count Against Alleged Spy
Is Dismissed Others Come
Up This Morning

Hminafy hearing Of tho case Of George
RoenifA charged with Espionage, and
a. a result the FIRST count IN the chaf0e,
alleging that defendant entered Pearl
Hafbor for the purpose Of obtaining
certain Information relative 20 the ma
tional defense, was Dismissed IheI
motion to Dismiss was mndo BY Attor
ney n. g. Peters and granted BY Unit
cd States sommissionef George =
Motions for the dismissal Of the r. I
naming three copnta Of the charge |
were nnalloWed, and these will b dce't
with a. the continued hearing Of the
case At nine o'clock this morning
The grounds for the motion 70 az.
miss tho first two counts were thar
there was no evidence to sustain. IN
the matter Of the third count, Peters
stated that there was no evidence that
Rodnitz received and obtained photos|
graphs Of Pearl Harbor, and added that
e was entitled to the photos, anyway.
A Blanket Defense
Peters moved TO dismiss the fourth
count on the ground that defendant had
made no attempt 10 communicate IN
formation to q foreign nation. He also
expressed his opinion that there was
nothing pertaining 10 the national de-
fcnse in the four photos Of Pearl Hqr.l
Dor offered in evidence.
The attorney for the defense, speak
ing in regard to the third count, said
that the statute might have TO be teet-
ed, stating that If IL aimed only al
possession, the punishment designated
Is cruel and inhuman. He went on toI
say that the photographs were found
in two locked trunks nd that granting
that their possession comes within the
statute. he didn 4 zee that II consti,
tntod violation OF any regulation Of
the navy departments, or any law and
that therefore defendant could not be
held.
Speaking Of the copies Of confidential
Arguments found in the possession 81
Roenitz, Peters said that defendant
was an employee Of the naval station
and that there is no regulation against
making extra copies Of such Documents
Titles In German ~
United States District Attorney HUI.
Der contended that the possession Of
the four photographs came within the
scope Of the statute and that Roepitz
had broken the law by having them M
his possession. He called the attention
Of Peters to q document In German pur-
porting to be titles to nineteen photo
graphs, presumably Of scenes At Pearl
HarboE With regard to Peters argu.
ment that defendant, as an employee ~
Pearl Hnrbor, had right TO have ez.
ira copies Of documents, Huber 70.
marked that Il wasn't feasonable to
suppose that defendant was entitled 20
have IN his possession copy Of a code
message from the secretary Of the
navy, and aeopy Of report to Wash,
ington of the presence Of the Japanese
cruizer Hizen of the coast Of Oahu. "
Reason To Believe Worst So.
In the course Of his remarks, In
which he referred to the copy Of the
code message being relative 70 the ma.
tional defense, in that IL contained IN
stFpctions IS TO the action Of the ma
val authorities here as to what should
DO done in case of trouble with a for.
eign nation, Commissioner Curry stated
that he had reason to believe that do.
PENDANT has violated the statute and
has been attempting to communicate
with q foreign governments with ~
tefi0r motives.
s. M. Starratt, official photographer
at Pearl Harbor, testified that at least
thirteen Of the ninetean, titles Of photo
graphs, introduced In evidence, were
titles OF official photographs, aud pro
duced copies of photographs to which
he believed the titles to apply,
Counts In Charges tE1 W
The four counts Of the charge against
Roenitz are as follows;
That defendant did felonionsly q
upon and enter Pearl Harbor for The
purpose Of obtaining information 70
speeting the national defense To- whlcl
he was not lawfully entitled
That while on Pearl Harbor resefva
ton without proper authority he al,
obtain, take and make certain doen
nentA, sketches and Photographic mega
tipos and plans, and did obtain knowi
edge of things connected with the nn
tional defonses, TO which be was no
entitled
That he received and obtained tn
aforementioned things from a persol
or persons whose name is unknown Il
the informer.
That ne communicated or attempte,
TO Communicates with a foreign govern
ment or its agents or employees, in
formation OF knowledge covered BY tn
foregoing charges.
Evidence Introduced
The evidence In the case include
the following exhibitss
Loose-leaf pamphlet Of changes mad
from time 10 time in the regulation
Of the United States navy and instrus
ti0ns to officers
-Four photographs Of Pearl Harbo
naval station and works, printed a
postcards.
A letter purporting TO describe min,
teen photographs Of Pearl Harbor sts
tion and Vicinity
Memorandum relating 10 the Peal
Harbor naval station, consisting Of Soy
eral typewritten sheets IN
TRANSLATION Of a code message froi
Secretary Of Navy Daniels present.
ing certain action to be taken In eel
tain eventualities, and the course
be followed on receipt of informatio
Of such eventualitiea transpiring.
Copy Of report ITO the navy d
partment relating to the movement
of the Japanese cruiser Hizen, while
Was on this port at the time the 0e
man gunboat Geier interned
Document IN German purporting
be titles % nineteen photographic ,
scenes at Pearl Harbor K