The sun., 1919-04-22
DROPS ONE FRICKE
TREASON CHARGE
Court Dismisses Count Charg-
ing He Aided German
Government.
FINDS EVIDENCE LACKING
Jury VIII Pass on His Rela-
tons With Karl Rodiger,
German Spy.

After the Government completed its
case against Albert Paul Fricie. alleged
traitor. yesterday before Judge Julius
Mayer and jury in the Federal District
Court the court dismissed one of the
two counts in the treason Indictment.
The count that was erased charged Fricke
with adhering to the Imperial German
Government. an enemy II the United
States, and giving II aid and comfort.
The count that will go to the jury
charges the defendant with adhering to
and giving aid and comfort to Hermann
Vessels, alias Karl Rodiger, German
spy
Thomas ]. O'Neill. counsel for F'ricke,
moved to dismiss tho indictment on the
ground that Fricke's guilt mad not been
established by the testimony of at least
two witnesses to ar overt act, the con-
Ttutional provision. De Lancey Nicoll,
special counsel for the Government ;
George Winship Taylor and Robert p.
stephenson. Assistant United States At
torneys, argued In opposition.
In rufuslng to discuss the second count
OF the Indictment Judge Mayer elimi-
mated all but Ave of tho overt acts al
legged on tho ground that testimony sup-
porting then, had not been given by two
witnesses.
Fifth Act in Doubt.
Three OF the overt acts that will be
passed on by the Jury charge financial
transactions between Fricke and Wes-
sells The fourth charges tho sending of
caolegram by F'ricke to Germany ask
Ing money for Vessels. Tho fifth
charges that Fricke concealed his knowl-
edge OF Vessels identity when under
examination by Francis &. Caffey
United States Attorney
Judge Mayer did not decide definitely
10 let the fifth charge stand He will
near further argument to-day on an OBJ
lection by Mr. O'Neill to it, The lawyer
argued that at the time of the examlna-
ton vessels was a prisoner in the
Tombs prison and that what Fricke then
said could not be brought within the
treason charge.
Judge Mayer approved the contention
OF Mr.. O'Neill that admissions made by
Fricke to officials. but not in open court
could not be used against him except as
corroboration of facts established by the
testimony OF two witnesses: TIA,
Frickes statements or confessions were
not the equivalent OF the testimony OF
one OF the two witnesses required to the
overt acts. Mr.. O'Neill moved that all
OF those parts OF the confessions that dc
not relate to the overt acts that were
permitted to stand be stricken from the
record. The court reserved decision Ir
excluding the first count the court said
When Vessels turned up we were
not at war with Germany. All OF
Fricke's relations with Vessels. il you
attribute to them the worst possible as.
pect, prior to April 6, 1917. were matters
that cannot be punished under this In.
dictment 1t was permissible to intro
duce testimony about them as evidence
OF intent
Now, We get 20 the war period. II
10 the time the defendant made these
various declarations or confessions
there was no admissible testimony any.
where that this man did adhere to the
Imperial German Government in its re.
lations with the United States
You introduce the confessions and
the defendant says: Yes, I knew All
that | knew that Vessels came here
under false passport ! knew he came
at the instance of Richter, who was con-
nected with the German Admiralty, bu,
/ also knew that. whatever else the man
was to do. he was not to do anything
against thhe United States
Court Sees Evidence Lacking.
Mr. Taylor said that It appeared &c
him that in adhering TO a citizen OF
Germany Fricke adhered to the Impe.
rial German Government
Then why were two counts put in
The indtotment?' asked the court. I'VE
ave dealing with a serious crime. Sc
far 80 the FIST count is concerned il ap-
pears to me 10 amount to a lot OF loose
talk by a number OF people. There Is
no evidence 10 Justify it."
our claim is that the furnishing
funds to Rodiger, knowing who he war
after We We're in the war. was an act
manifcstly furtherIng the designs OF the
enemy" said Mr.. Stephenson.
The argument is tenuoua." said the
court ITO call the kind OF thing that
has been developed in this case treason
under the first count Is exaggeratins the
situation. 1t might come back some day
TO haunt us"
In arguing for the dismissal OF the
second count Mr.. ONeill said that the
fundamental error of the Government
lay in Its failure to prove that Vessel.
was actively an enemy OF the United
States and that Fr!cke aided him. He
said that II was the first treason tria
since the civil war and the frst under
the phase of the law classifying the Civ.
rT7s-'nIr ar5t-dr11 c6TTtoTr % the -~~Fwy n
treason. He asked the court to be par.
ticulAr!y careful not to provide prece
dents that will serve to give more lati
;ude for treason charges.
The lawyer will sum up tomorrow
Mr.. N!coll sad that he would take ar
hour. Ny. ONeill said he would no
take much longer Mr.. O'Neill ma,
take an hour for several witnesses to
day or tomorrow. The case will 60 {,
the jury Thursday.