New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-03-15
Repeats Story Which Saved
His Life in the Tower
of London
Sander Loses Plea
Ex.Prisoner in England To Be
a Witness Against Ac-
cused Plotters

George Vaux Bacon, who was held
nrisoner in the Tower Of London as a
German spy. arrived here yesterday on
the Cedric in custody of two Scotland
Yard men. He was turned over I'M
mediately TO William NJ. Ofley' super
intendent Of investigators OF the DC
partment of Justice. .,
Bacon. indicted by the Federal Grand
Jurv here with Albert A. Sander ana
Charles Wunnenberg, naturalized
American who was born in Prussia
CHARGED with having set on foot MILF
tarv enterprise against Great Britain
roncated TO Superintendent Offley inc
confession he made TO the BRUSH
authorities-a confession which saVeu
his life.
While Bacon. who went TO England
o.. did several other Americans, IN the
nav Of Sander. who received his money
rrcm Berlin. was closeted with MI
oflcv. Sander and Nuremberg
through their counsel, Charles ODER
WAGER. were dcmurring to the indict-
ment before Judge Hand.
No Military Enterprise
Mr.. Oberwager argued that the send
inc of Bacon to England provided only
with pen and bottle Of invisible
ink could not be considered military
ENTERPRISE within the meaning Of See
ton IS of the Criminal Code. lie also
characterized the Indictment AS vague
and not containing facts sufficient TO
constitute a crime against the United
States.
H. Snowdon Marshall, District Attor-
ney. opposing the demurrer, asserted
that the gist of the crime was the set
ting on foot Of military enterprise
within the territory Of the United
states against England. country win
which we are at peace.
l. made nc difference. he said
,ybetbcr Bacon reached England or
,rarsmitted any information to the
Gorman authorities. He added that
,,,hcr Racon was sent abroad IT. was
"nCertain lust what information nc
would be ablc to obtain while IN Eng
land and he. therefore, insisted thal
tho allegations in the Indictment coulu
not be considered vague.
AIR. Marshall explained that MAJOR
Andre and Nathan Hale were, accord
ing to the decisions of the supreme
Court. engaged in military enterprises
at the time of their capture.
Overrules Demurrer
Judge Hand. overruing the demurrer.
said that In the recent prosecution OF
CAPTAIN Hans Tauscher he had looked
nm the authorities regarding the diner,
ence between a military expedition ana
a military enterprise. He considered,
he explained, an aviator starting alone
i'm a fying machine from this city TO
drop bombs on the city of Montreal or
the City of Mexico engaged IN mill
tary enterprise.
The defendants were then taken be
fore Judge Van Fleet, and John L..
Knox. Assistant United states Attor-
new. moved that their bail Of $4,000
each be increased to 100000. Mr.. Knox
said he had reason to believe that u
the bond was not increased the DEFEND
ants would not appear for trial. -.
give thousand dollars to each OF
these men is a mere bagatelle," ne re-
marked.
Judge Van Fleet ordered the in,
crease and, az the request OF counsel
for the accused, permitted them to go
ont in the custody of United States
marshals TO try TO obtain bail.
Bacon will be used as the chief wit
ness against Sander and Wunnenberg.
The trial of the two will take place at
the close Of the Rae Tanner trial,
which, il is expected, will be finished
early next wesf.
What MAY BE Proved
The government expects 70 prove
that Sander and Wunnenberg sent
Americans 10 Europe to spy out in
formation for the German military
STAFF. These men went abroad with
passports which led the authorities TO
believe they were bona fide newspaper
correspondents. They were equipped
with specially prepared invisible ink
which they used in recording military
information for the German staff on
letters to other employees Of SandeE
and Wurnenberg in Denmark and Hol-
land. who had been instructed to turn
them over to German spies.
This will be the first time in the
history Of United States courts that
men not actually in arms will be tired
under Section Is, which prohibits the
setting on foot OF military enterprises
within the United States against coun-
tries with which this country Is al