Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1918-01-17
AUDUBON MAN
IS GIVEN FREEDOM
II. s. Commissioner at Council
Bluffs Holds That Evidence
is insufficient to Convict
Fred Tennegkeit

,treQ lennegkelt, OF AuuuDoH, WHO
was given a partial hearing before
United States Commissioner Organ
in Council Bluffs last week on the
charge of violating the espionage act
was discharged Tuesday morning,
the commissioner holding that while
Tennegkeit's remarks and actions
may have been indiscreet, there was
no real violation OF the federal act.
The section of the espionage act
which it was claimed had been vi
olated reads as follows:
"Whoever, when the United States
is at war, shall willfully make or
convey false reports, or false state
ments with the intent to interfere
with the operation or success of the
military or naval forces of the United
States, or to promote the success Of
it's enemies, and whoever, when the
United States is at war, shall will
fully cause insuEOl dination, disloy-
atty, mutiny or refusal of duty in
the naval or military forces of the
United States, or shall willfully OBJ
struct the recruiting or enlistment
service of the United States, shall
be punished by a fine of not more
than $4,000, or imprisoned for not
more than twenty years. or both"
Tennegkeit's remarks were made at
a hog sale on December 81, some
time previous to the attempted lynch
ing. After the auctioneer had made
patriotic speech for the Red Cross,
Tennegkeit said according to witness
es, that he "had made damn fool
of himself for talking for the Red
Cross. One witness said that Ten
negkeit had refused to buy an auto
mobile, stating that they would be
cheaper after the war because Ger
many would win. He was also
charged with saying at that time that
Germany could lick the United States
easily, that we were not very strong,
and that had been shown by Mexico
who ran us out of that country very
easily.
Tennegkeit was also reported as
saying on one OCCASION that he would
not buy Liberty Bonds because he
was German. The same witness
admitted that he had later bought
bonds after being forced" to.
In rendering his opinion in the
Tennegkeit case Commissioner Organ
said
In this case the defendant has ex-
pressed an opinion in reference to
the conduct of an auctioneer at a
public sale. All of his remarks
were untimely and very unwise and
should have been withheld, even
though those were his views, be-
cause the American public is, and
rightfully, in no frame of mind to
hear of any criticism of their gov
eminent or their work in Connection
with the war or the relief work con-
neoted- -therewith, --exen though the
same be slight, without showing
their resentment, and in no uncer-
tain terms.
But in no way did his remarks
show any intent to oDstruct the sue
cessful operation of the military or
naval forces of this government or
to create muNiny, characterization,
disloyalty, or to obstruct enlistments
Every American citizen owes it to
his government to do his duty and
support every move that is made for
the purpose of raising funds for car
rying on the war an dthe relief work
connected with it, and they should
do so without persuasion. But the
proper way to meet mans gener-
esity is by instruction and not by the
aid of the moose. Before taking the
law into their own hands the people
should not forget the fact that they
might have done more themselves.
My findings must be based upon
the law and the evidence before me,
and that alone, and until the fed
eral laws of this country adopt any
rules laid down by justice court
in Council Bluffs, l am constrained
TO follow the old rule that person
is innocent until proven guilty. From
the evidence before>me in this mat
ter / fail to find wherein the es-
pionage act has been violated either
in the spirit of the same or upon a
construction of said act. There not
being sufficient showing to create a
= probable cause to believe that there
has been a violation of said act by
this defendant, he rs discharged.
Will Go to Colorado
Attorney Wayne. who defended
Tennegkeit at the hearing in Council
Gil Bluffs, teiophoned county attor-
= ney r. NJ. Rasmussen. of Extra, that
his client had been released and
asked that his bond in Audubon
county be reduced from $4,000 to
5000, as Fred intended 20 leave
for Colorado whore ~ h7s recently
purchc-ed Q farm If the bond is
reduced to the amount asked and
Tennegkeit gains his liberty he will
be a. large Until thu meeting OF the
next Grand Jury unless his case is
otherwise disposed of.
judge o. . Wheeler issued an
order and sent bond to the sheriff
of this county for approval. The
$1,000 bond wac igned by w. $
Wayne. en- attorney of Council
Bluffs. The Clerk or the District
Court is the one to approve bonds
but Mr.. Horning refused to approve
this bond on the grounds that the
statutes prog.de that no attorney
can sign n bond. FreG Is in Atlantic
and he will probably he held there
until the matter of the bond has fin
ally been adjusted.