Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1918-02-08
.APPAM BOND ORDERED
C0NF|sCATED BY COURT
Fund, Less Costs, Turned Over to
Custodian A. Mitchell Palmer
In Final Decree.
ENDS FAMOUS LITIGATION
English Merchantman Was Brought
Into Hampton Roads With Prize
Crcw-Court Decided In Favor of
English Owners.

In the United States District Court
yesterday a final decree was filed in the
case of the British and African Steam
ship Companys steamship Appam,
Hans Borg, l.. NJ. Won Schllling and
ton.
The court orders that the costs of
the case. totaling S4,447.65. be deducted
from the s327,7sS.s6 residue to tho
credit OF the cause, and that the re-
mainlng balance be placed to the credit
OF A. Mitchell Palmer, alien property
custodian, to be held and disposed of
by him In accordance to the law. It
also directs that sixty-two notes of the
imperial German government. aEgre-
eating s1.165.ooo. be placed in the Gus
tody of tho alien property custodian
for future disposition.
In explanation OF the notes the
courts decree says that they were
given at various times to insure in
demnlty companies against loss, that
there are no liabilities arising from
the litigation which the cash on hand
Will not cover. and therefore. no liza
bility for the notes should be held
against the imperial German govern
ment.
The cash residue In the hands OF the
court represented money seized on the
Appam, deemed the legitimate prop.
erty of the commander. Berg. and other
cash personally deposited with the
court by Berg and others as security,
in addition to notes guaranteeing in
dennlty bonds. The Appam and cargo
was awarded to the British owners.
plaintiffs in the case.
This action was taken on the petit
ton OF Richard n. Mann, United States
district attorney. appearing for the
government. The conhscation OF this
pond given by the imperial German
government which was delivered to
the custodian OF alien property differs
| from the property OF Individual alien
enemies. which is placed with tho Gus.
todian OF alien property TO be held In
! trust until the conclusion OF tho war.
This bond is contiscated. and Will never
! be returned to tho German govern
ment. but goes to the United States
as part Of the spells Of war.
COURT DECIDED IN FAVOR
| OF ENGLISH OWNERS
The English trading vessel Appam
| was captured about two years ago in
1 the Mediterranean Sea by the crew
of the Moewe, the German merchant
raiding ship. The ship was then placed
/ III Soiiild uo OF lieutenant Hans Berg,
one of the officers of the Moewe, who,
with the enforced assistance Of tho
British crew, who had Surrendered to
the superior force of the Moewe,
brought the Appam to Norfolk.
The British owners of the Appam
contested the arbitrary ownership OF
the German government as a prize
vessel, and the case was fought out
in the United States District Court al
| Norfolk. Judge Waddill decided In
favor of the British owners OF the ship
and ordered that 1t be returned to
them. Tho German government,
through their representatives in this
country, appealed the case to the
United States Supreme Court. and gave
n S2,o00,oo0 bond. The surety company
put up 3s35.0oo in cash and $1,1s5,oo0
in imperial German government notes.
| The case was then brought before
the United States Supreme Court, and
this court confirmed the decree OF
Judge Waddill. In n short while there
after the United States declared that
state of war existed between this
| government and the imperial German
| government.