The New York herald., 1921-04-29
Daugherty Orders Germans
Discharge in Court
Martial Appeal.
TWO YEARS IN TOMBS
ImperatOr's Ex-Officer Now
Free of Treason Charge,
Say Lawyers.
ASSERT U. S. DROPS CASE
Vessels jailed After O'Leary,
Robinson, Fricke and Nine. de
Victorica Were Acquitted.

Herman Vessels, alias Carl Rodiger,
who had been under arrest since the
spring of 1918 on charges of espionage
and treason was discharged from
$4,000 bail yesterday in Federal Dis
Judge Chatfield. who said he acted at
the direction of Attorney General
Daugherty. Judge Chatfield said that
he did not know whether Vessels is
from bail simply meant, so far as he
knew, that the appeal Vessels had
taken in an attempt to avoid a naval
court-martial had been dismissed
The statement was made by wes-
sels's attorneys. William II. DAILY of
141 Broadway and Thomas J. ONeil,
that the action of Judge Chatfield had
been the last step in the Governments
series Of attempts to connect Vessels
with the German spy system. and
that there would be no further action
In the case.
Following his arrest. Vessels spent
brought to trial. He then was arrested
by naval authorities and taken tc the
New York Navy Yard for trial by court
martial on charges of being a spy. A
writ of habeas corpus was sued out on
allegations that Vessels constitutional
rights had been invaded. and that mill
tary authorities had no power to try him.
C0urt-martfaI Is Stopped.
Argument on the writ was heard be-
fore Judge Martin T. Manton in the
United States District Court. Brooklyn,
and Judge Manton ordered Vessels re-
manded to the naval officers for trial.
An appeal was taken Immediately to
Washington. and an application to the Su-
rreme Court for an injunction restrain
ing the court-martiai proceedings was
granted pending the appeal. Wessels's
bail then was fixed at $4,000. and he
furnished 1t. 1t was from this bond
that he was released yesterday.
Vessels at the time of his arrest was
alleged to have been the associate of
Willard Robinson and Albert Paul
Fricke, who later were acquitted in the
Federal Court. He was charged with
being one OF the first German agents to
come TO this country to set up an
espionage system. He arrived in Decem-
ber 1916, after having served I'm Flanders
early in the war. Vessels was followed
here. according to Department of Justice
agents. by Nine Marie De victorica. who
was alleged to be spy. but who was
never proved to be one. and has since
died.
On his arrival II was said Vessels
had a large credit from German sources.
Albert Paul Fricke. a dealer In toys.
became Wessels's closest associate, De-
partment Of Justice agents charge, act
ing as "go between" In financial
transactions.
N% Conspiracy Charge Made.
Mime. De victorica visited jeremiah
A. O'Leary and Robinson. and soon
thereafter the two Germans. OLeary.
Robinson and some others were in
dicted. charged with conspiracy TO COM
nit espionage. At the trials of Fricke
and Robinson, Nine. de victorica ad-
mitted she and Vessels had come TO
this country as German agents. but
their work was to be of q propaganda
nature.
Subsequently. all OF these indicted
O'Leary, Robinson, Frickc and Mime. de
Victorica-were acquitted, but Vessels
remained In custody. Nothing happened
to mar the uneventfulness of his life in
the Tonbs until November. 1919. when
Secretary Daniels of the Navy Depart
ment, announced he was to be tried by
court-martial
The attempts or Wesselss attorneys
to save him from court-martial, where
the proca lure Is somewhat simplifed.
took the form of a writ OF habeas
corpus. which was dismissed by Judge
Manton on March last. Judge Manton
said that military tribunals should have
the power to try spies wherever found
The next move was the appeal to the
Supreme Court and 10 the Attorney
General. which met apparently with
success.