Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1917-05-28
.DISMISSES ONE
CHARGE AGAINST
GEORGE ROEN|Tz
Curry Holds Other Three In
dictment Counts Must
Stand for Present

| A motion by Attorney r. I. refers
to dismiss the first count in the in
dictment against George Roenitz,
charged with espionage, which al
leges he entered Pearl Harbor for the
purpose Of obtaining certain lnfOr-
nation relative to the national de-
tense, was granted today by [. 5.
Commissioner G. S. Curry.
This action by the commissioner
boils the indictment down TO but
three counts, Curry having declined
to grant motions to dismiss the other
three counts.
Attorney Peters moved to dismiss
the first count Of the indictment on
the ground that there was no evil
dence to sustain (; and the second
count on similar grounds. AS to the
third count, Peters said the extent OF
the statute might have to be tested,
adding that there was evidence to
the effect that Roenitz received and
obtained photos Of Pearl Harbor, but
contending that Roenitz was entitled
to them.
Regarding the fourth count, Peters
moved to dismiss this also, on the
ground that there was no evidence
that Roenitz had made any attempt
to communicate information to for
eign nation. He declared further
that there was nothing in the four
photos in evidence touching on the
national defense.
Evidence Found In Trunks
This evidence was found IN two
locked trunks" Peters went on. III
the commissioner believes the pos
session of these photographs is with
in the statute, even then don't see
where this defendant can be held, as
II is not a violation Of any regulation
Of the navy department or any law.
II the statute is aimed only at pos
session, then the punishment Is cruel
and inhuman."
Regarding copies OF confidential
documents found in Roenltz posses
Sion. Peters declared the dstendant
WAS an employs Of the naval station,
and that there is NO regulation
against the making of extra copies OF
such documents. He added, however,
that Roenitz may have been indis-
Greet In having them.
Huber Sums Up
o. 8. Attorney Huber, in reply to
Peters, summed up the testimony
and declared that the photos did come
within the statute, and that Roenitz
had no right to have them. He called
attention to a document in German
purporting to be the titles to 10 pho
tographs, supposedly Of scenes in and
about Pearl Harbor. He added, It
stands Il, reason Roenitz did not have
authority to~take a, copy Of a code
message from the fecretary OF the
navy, and q copy ola report to wash
ington on the presence in these wa
tiers of the Japanese battleship Hizen.I
Curry declared the copy Of the code
message was relative to the nationalI
defense. as It contained instructions
as 10 what should be done, In case
of trouble with foreign nation.
F. He wanted to know why the list
of photo titles was In German Il nosl
for the purpose of communicating IT
supposedly to q foreign nation.
Believes sought TO comnunicate
Il have reason to believe, Curry
added. shat defendant has violated
the statute and has been attempting
to communicate with Q foreign gov
eminent. The lis. Of photo titles
bears all the earmarks Of an official
list.
s. n. Starratt official phOtograr
pler at peel Izarbor testified SCAT.
N his best judgment. ct least - OF
the 10 titles Of photographs we're
titles 81 official photographs. He pro- |
duced copies Of photographs to which |
ke belieFed the titles applied.
Further hearing 81 the ease win De
had Ct 9 O'Clock tomorrow morning.