New-York tribune., 1918-12-18
Continued from page I

foX, 1t has been alleged In testimony
previously introduced, was in German,
pay, faxed" stories at German orders
and suggested scheme to get America
INTO war with Japan for Germany's
benefit.
Captain Lester, in reply to Merrill's
denial that Fox ever had been en-
ployed by the Hearst organization,
showed that he had letter Of intro
ductlon from Merrill himself, that he
had received instructions from Schwep-
pendick, head of the Hearst bureau in
Berlin, and that when Fox reported
ne was going to Warsaw, Schwoppen-
dick had written that he had already
sent another man, $50 we may have
two men there" and that when the
German government had taken a party
or hewspapermen on tour around the
country, Fox had appeared on the
oillcial list as representing the Hearst
papers of New York and Boston.
Copyrighted by "The American"
He tSna44y showed that when n Fox
article previously testified to as a
fake-had appeared in "The New York
American" on April 18. 1915, it had
carried the line copyright by The New
YORK American" This article, Captain
Lester added, had been written first
v,
IN Its final fo.1n Corey had refused to
stand for it.
Mr. Merrill had denied that Marshall
Kelly, who had been named as repre-
senting German agents in an attempt
to buy "Thc Baltimore Sum-" had ever
been employed by the Hearst papers.
Captain Lester showed that "Thc Bal
t'more Sun" matter had been admitted
by former aid Of DR.. Albert. He
also Introduced evidence to show that
Kelly had been employed from Febru-
ary to June of this year on "The Chi
cago HeraldExaminer,' Hearst pa
per. and later on "Thc Milwaukee Wis
"onsin." owned by Brisbane. Kelly, he
added, was now in New York
After reading his statement, Mr.. IN
termyer explained his reasons for ap-
pearing.
ut is because I do not propose to
have my usefulness, such as it is in
the period of reconstruction interfered
with that | have asked this hearing" he
SAID. II think | have work to do. and
90 not purpose to be under suspicion" !"
Knew Albcrt's Status
1t was brought out during the cross
examination lnat Mr.. Untermyer knew
that Albert was a German agent during
me time he was discussing the pur-
chase of The New York SUM- with him
out That TINS dld not. to his mind. in
teitcre with the propriety of the pro-
posed transaction. He did not object,
even, ii the German government money
LAD minority interest at that time,
and he assumed that this ownership
would be made public, as required by
law. He said Albert made a good
many investments purely as business
proposltlon, however, and thought this
would come under that class.
NoW, { il you i'm gN unit Won
Bernstorf being interested in news
paper Tor any OCner purpose tnan the
promotion of German interests ?"
Senator Sterling asked.
No" MIR. Untermyer replied, "but
ehnk count Won oernstorif was in q
different situation"
You say" Senator Sterling sug-
gested, "wIen this matter was first
called to your attention you were un-
regard to it was with Bernstorff or
Dl. Alberto
"Ies, l SO stated ] did not remem-
Der it at all"
9, Then you must have. had in mind
that Dr. Berns torff was Somewhat in
terested in the acquisition OF such a
paper?"
Il do not know with whom the talk
took place. | did not remember any
thing about it until l thought it over"
Gives Name to Committee
1t was just before this that Senator
Nelson had asked for the name of his
client in "The Sun deal, and Mr.
Cntermyer had written a name on
slip of paper and banded it to the
committee. The name did not go into
the record.
Mr. Untcrmyer denied that he had
ever conferred with DR.. Fuehr, another
German propagandist, on "press mat
ters," as Fuehr's diary stated
He admitted several meetings with
Bernstorf and one in which Albert
joined, but did not remember any such
relating to "The Sun" deal The case
he did recall had to do with the defence
of Dr. Buenz, of the Hamburg -Amer-
can Line, afterward convicted of ship
ping coal to German ships in violation
that Buenz plead guilty, Mr.. Unter-
mycr said, and dropped the case at that
point. Later several questions were
asked, apparently based on the detecta-
phone records, indicating further in
terest in the case, but Mr.. Untermyer
denied them and challenged the fair
ness of the questions.
Counsel for Mali Bondholders
The case Of "The Evening Mail" was
taken up, and Mr.. Untermyer explained
that he had no connection with it till
after it got into trouble. He stated
that he represented the American bond
holders of "The Ma. l'-Henry l.. Stod-
dard and Mr.. Block-and that when
the question of Rumely's ownership
was raised and before the case became
public he tried to make an arrange
nnent with A. Mitchell Palmer, Alien
Enemy Property Custodian for them to
Luy in the parcr. lie put into the
record a letter on this matter from
himself to Palmer, which read in part
"The delay has been due to the un-
expected Withdrawal of a purchaser
| had in mind and whose name ]
confidentially disclosed to you, due
to his fear that in making this pur-
chase the goodwill might be gravely
impaired if not entirely destroyed by
the publication of facts of his previ-
Gus affiliations. The extent of the
assurance | was able 10 offer him,
following our conversation, was not
satisfactory.
"Al other efforts to secure a pur-
chaser have proved unavailing, and J.
have now arranged with few Of the
bondholders. led by Mr.. Henry l..
Stoddard, who, | am told, owns about
$4,000 of the first mortgage bonds
and holds, in one way or another, a
large block of the seconds, that in
order to save their security from the
destruction that would follow pub
licity they will make an offer for
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