The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1917-10-18

we're COuVlCleu VI dSCu1ii. "iii ~ AiAS
her. Capt. klattenhoff vas in
Charleston hospital at the same time
and was not tried He later pleaded
guilty to sinking the ship.
The defense then announced its
case closed and the government or
fered no evidence in rebuttal, where
upon MIR. Grace, claiming that the
government had not made out its
case, asked the court to direct
verdict of acquittal. This the judge
refused to do, and preparations were
made to begin the arguments. Each
side was allowed half an hour to
address the jury, with ten minutes
for the government 10 reply.
Assistant District Attorney j..
Waites Waring, of Charleston, who
conducted the examination on the
part of the prosecution of all the
witnesses, opened the arguments for
the government, going over the testl-
mony, stressing the main points,
which strengthened the prosecution S
contentious and pointing out the
alleged inconsistencies in the state
ments made on the stand by Wlerse.
MIR. Grace followed for the defense
and made a clear and comprehen-
sive argument in behalf of his client
until near the close, when the blow
up" came. After exceeding the time
limit set by the court, MIR. Grace
suddenly became very much excited.
Tears were coming from his eyes and
his voice was husky, with emotion,
Ia n
Paul Wierse and not former German
Consul E. H. Jahnz, or the consul S
son, of Charleston, had been singled
out for prosecution, answering his
own question by saying that it was
because Wierse is connected with
the Charleston American MIR. War
ing was promptly on his feet protest
ing to the court against such declara-
ton by Mr.. Grace. Judge Smith
quickly told Wierse's attorney to
stop
We'll, that's my opinion" retort-
ed Grace.
You have no right to express
such opinion, your time is up, SAID
the court, emphatically.
May | have word more, your
honor?" pleaded the attorney, still
weeping.
Not one word, sir" And Mr..
Grace sat down.
Weston Alone Responsible.
District Attorney Weston in begin
ming his argument said he wanted 1t
distinctly understood that he alone
was responsible for the prosecution OF
ln
true to the trust reposed in him II he
did not use every means IN his power
to bring to justice violators OF the
laws of the United States. He en-
phatically declared that he assumed
all responsibility for the charges
against the defendants and had no
apologies to make to the court, jury,
counsel or anybody else. At this
point Mr.. Grace protested, but the
court stated that the district attor-
ney could reply to insinuatlons OF
counsel for the defense. Grace ask
ed if he would be given an oppor-
tunity to reply.
No, SIR" said the court.
MIR Weston asked the Interrupt
tions cease, Judge Smith assuring
him that they would at the same time
again admonishing Mr.. Grace.
Mr.. Weston made a forceful argu-
ment during the short time at his
disposal, closing with the reminder
to the jury that a person does not
send a telegram of cOngratulatlon,
especially 'collect,' 10 a friend upon
his engagement, as there's many a
slip 'twiXt cup and lip" and it would
be like sending flowers before the
man is dead" this reference being to
Wierse's testimony yesterday that the
| telegram he sent Consul Muller in At
lanta. containing the one word, con
gratulations,' was the result OF mes
sage in a letter from the consul that
the young lady has consented at
last" The government contended that
| this telegram was to congratulate the
German consul in Atlanta on the sue
cessful elimination Of the alleged
conspiracy between Wierse, klatten-
hoff and Muller to sink the ship.
Court Delivers Charge.
Judge Smith took great pains with
his charge to the jury, explaining IN
detail the law anu cdlSlull! leIllilS :
the major portion Of the testimony
| Several lawyers in the court room
were heard to remark that they had
never heard a clearer or more COM
prehensive charge.
The jury was composed of eleven
! white men and one negro, with per-
sonrel OF exceptional intelligence.
| They received the case at l2.31 p. m.
and in less than an hou: the verdict
was announced.
All business of the tern beins COM
plated. court was adjourned early
| this afternoon and TIE officials AID
attaches inft Aiken for their :espec-
i've homes on the afternoon trans.
The next session OF the United
States Court for the Eastern District
of South Carolina will convene at
Colun5ia on Tuesday, November E.
At this session it is likely that Albert
Orth, publisher of the Drutsche Zei-
| tung. at Charleston, will be tried
under one or more Of the five indlct-
him hora this