The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1918-05-11
W|ERSElT0 PRISON.
UNITED STATES CIRCUIT COURT
AFETRMS SENTENCE IMPOSED
AT AIKEN TERM.
His Counsel Ccnsurcd by COurt-Ef-
fort to drag i'm Name of The Trial
Judge" is Denounced as "Rcpre-
hcnSiblc."

hlcnmOnd, May t.-Iaul WlCrSe, |
formerly an editorial writer on the
Charleston American must serve two
years in the Atlanta federal prison
and pay a fine of 81, 900 for conspir-
irg to sink and causing to be sunk
the German merchant steamship Lie
bcnfels in Charleston harbor January
81. 1917, so decided the federal appeal
court here today in an opinion writ
ten by Judge Jcter c. Pritchard, af-
| firming the lower court at Charleston
Sentence of six months in prison
and 500 fine mctcd out to Capt
Johann Klattenhoff, master of the
steamship, charged similarly, wos
alsG upheld.
1T rarely occurs where parties are
charged with conspiracy" said the
opinion, that the prosecution is able
to establish their guilt by positive
and direct testimony. From the very
nature of things, conspiracy is a
crime that is entered into secretly,
and as general rule in the prosecu-
tiOn Of cases of this character the
government must rely upon differences
to be drawn from the facts and cir
cumstances surrounding the transac-
tion."
! Efforts Of the defense to drag the
name Of the trial judge into the case
in personal way" were denounced
as "reprehensible in the highest de.
gree" In ordering references o.
that character stricken from the brief
the court described them as "irrele-
want, scandalous and impertinent"
1t was suggested that if the defense
doubted whether it could get a fair
trial at the hands of Judge Smith IT
could easily have had the case trans
ferred to another judge for trial.
This court will not permit one of
the high character and standing of
the learned judge who tried this case
in the court below to be assailed in
one of it's records in such an unjust
and unwarranted manner" said the
opinion.
In summing up the salient facts in
the case, as they appeared to the ap-
pellate court. the opinion went on to
say: 1T should be borne in mind that
Wlerse, naturalized citizen of Ger
man birth. had been connected with
German newspaper; that he had been
an intimate friend Of the German con-
sui at Atlanta, and that he was well
acquainted with Capt. Klattenhoff. the
master of the LiebenfeIs.
According to his own admission
he had handled business and CORE
spondence for Capt. Klattenhoff. II
further appears from the evidence
that he had been corresponding with
w. Mueller the consul at Atlanta.
and that Mueller had telegraphed TO
Wierse that he was in accord with
his proposition.
1T should also be borne in mind
that the crew of the Liebenfels at
1rst refused to obey the order of Capt
klattenhoff to sink the vessel. where.
upon Capt. Klattenhoff went to the
office Of Wierse and had a conference
with him, after which he returned to
the ship and the orders were prompt
ly obeyed and the vessel sunk.
| IF Wierse knew nothing about the
purpose OF Klattenhoff and was NOT
connected with the transaction, why
was 1t necessary for Klattenhoff be-
fore giving the final orders to sink
the ship to go to Wierse for another
conference?
The fact that after Wierse reach
ed his office he wrote telegram con-
tanning the word congratulations
which was Immediately dispatched to
the German consul at Atlanta is very
material. The defendant, through his
counsel insists that this telegram re-
ferred to the fact that some time be-
fore that date he had received n letter
from the consul at Atlanta informing
MIN that he was engaged to be mar
ried
There are two remarkable facts
about this explanation when consid-
cred in connection with the telegram.
One is that he should have delayed
sending his congratulations until that
particular time and the second is that
he should have sent the telegram m
collect ThlS, to our mind, is a
most extraordinary circumstance"
WiprSa Il 1of 70, ,bnf x,;o