New-York tribune., 1921-06-18
Denies Violating Law

invited yesterday by Thomas J. O'Neill
to show wherein there was any viola
tion of law in the shipment of arms to
the Sim Fein army in Ireland. O'Neill
is the lawyer of Frank Williams, con-
tractor" who claims ownership of the
4Sb Thompson sub-machine guns seized
Wednesday by customs officials aboard
the Belfast-bound ship East Side.
In sentence, Mr.. O'Neill's attitude
yesterday was:
1--WE admit nothing but ownership of
the guns; but if they were intended
for the Sim Feiners what was there
illegal about that" ;"
Mr.. O'Neil made public a memo
randum on behalf of his client, to be
submitted to United States District
Judge Lynch, of Newark in an effort
to persuade him to vacate his writ of
detention authorizing the customs Off
cialS to hold the guns.
As for "Mr. Williams" he had dis
appeared as completely as though the
earth had swallowed him, and Mr..
O'Neill smiled discreetly at a sugges-
tion that the Department of Justice
had his client under surveillance
1t was suggested to Mr.. O'Neill that
the government might find All excuse
to prosecute those responsible for the
placing of the guns aboard the East
Side, because the weapons had not been
listed on the ships manifest.
"Ah!" said Mr.. O'Neill, "but the Gus
toms officials themselves admit that it
was unnecessary to declare the pres
ence of the guns in the ships cargo
until the vessel was ready to leave
Norfolk. When the East Side left New
York she did not cross the ocean but
went south to Norfolk, her last port
of call on this side. SO much for Gus
toms violations"
Attorney O'Neill's challenge, for
such it was, was not accepted by any
local officials of the government, most
of whom have shown themselves to be
timorous about discussing the affair.
1t was announced, however, by Assist
ant United States District Attorney
Isaac Gross that he was undertaking
an investigation at the direction Of
said he would be given all the assist
snce he required by investigators Of
the Department of Justice
Despite this announcement, no effort
had been made up to a late hour last
night to question Crank Williams" /"
Neither had any attempt been made by
officials to search his office, in Room
lO2 at 100 West Forty-third Street. Nor
hsd officials made any attempt to exact
from the Auto Ordnance Company, 302
broadway, information regarding Gus
toners of the company.
In the memorandum prepared by At
torney O'Neill, in which he is under
stood to have had the assistance of
Corporation Counsel Fallon, it is set
forth:
"These guns are being detained un-
der writ issued pursuant to Title 6
of the espionage law.
TO Justify the issuance Of writ of
further detention on this act it is nee
essary, first, that the property be
seized by the government officials.
"In the petition and affidavit upon
which this writ had been granted no
specification is made as 20 any law
which it is claimed has been violated,
and no facts which appear set forth
that any law has been violated. When
Inspector Ryan was endeavoring to get
this property from the Chief of the
to United States District Court Judge
Lynch, he claimed that he wished to de-
tain same on his claim that the neu-
trality law was violated
Attorney O'Neill then undertakes in
his memorandum to show that there is
not the slightest proof in this case of
violation of the neutrality law.
In Volume 21, Opinions of the Attor-
ney General" he cited, attorney Gem
eral Harmon wrote with reference to the
complaint of the Spanish Minister as
to the shipping of arms and munitions
of war from ports of the United States
under circumstances showing that they
were destined for the use of the in
surgent forces in Cuba:
international law takes no account
OF a mere insurrection confined within
iS-ie limits of country which has not
been protracted or successful enough
TO secure for those engaged in it recog-
milton as belligerents by their own or