New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1921-08-06
Rum Deadline
Held to Extend
II Miles Out
Customs Statutes Provide
for Seizure of Craft and
Also Prevent Cargo Trans
fer, Under COTS Ruling
Marshall's Grew Heard
Federal Grand Jury Begins
Inquiry Into Capture of
Ship Under British Colors

The United States intends to dry up
the Atlantic, Alphabetically speaking, for
distance Of twelve miles from the
coast, according to an application of
the customs statutes made by Acting
Attorney General Golf to the prohibi-
ton situation.
"The statutes provide" said Mr..
Golf yesterday in Washington, "for the
seizure and forfeiture of vessels and
their cargoes for unloading without a
permit within four leagues (about
twelve miles) Of the coast and also
provide against the transfer of car
goes"
Under this application of the law, it
was declared, the seizure of the Brit
ish schooner Henry l.. Marshall. or
any other rum-laden loiterer which Law
within the twelve-milc zone, Amight be
justified, particularly if the vessel had
jettisoned or transferred any of its
cargo.
The schooner was nine miles off the
Jersey coast when captured by a Coast
Guard cutter. Mr.. Golf pointed out
that although the vessels manifest
listed 1900 cases Of liquor, there were
only 1900 cases aboard
Colonel William Hayward, United
States Attorney for the Southern Dis
trict of New York, who is in Atlantic
City for the week end, said that he
had not directed the seizure Of the
Henry L. Marshall and denied respon-
siblity for a statement made in the
office of the United States Attorney
Wednesday afternoon. This read:
eve will seize ships of Italian,
French, British or any other national
ity which may anchor outside United
States harbor and engage in smuggling
liquor, drugs or anything else"
Golf May Libel Vessel
Mr.. Golf announced in Washington
that the Department of Justice con-
ttemplated libel proceedings in New
York to obtain forfeiture of the
schooner. He said that Colonel Hay-
ward had been instructed to take such
action as the case warranted. Colonel
Hayward declared he had turned the
case over to Mr. Ross, as it was in
the Brooklyn jurisdiction that the sup
posed landings of liquor were made.
Mr.. Golf said the Marshall was re-
ported to have landed liquor in New
Jersey, Georgia and the eastern district
Of New York, but not in the southern
district of New York, which Is under
Colonel Hayward's jurisdiction. At
the time of her seizure, it was re.
ported that she had aboard 1900
cases OF whisky, had landed 800 cases
more and had been engaged in Snug
Cling for six months.
Four members of the crew appeared
yesterday before the Brooklyn Fedora
Grand Jury. Charles H. Hyde. CITY
Chamberlain under Mayor Gaynor, ap.
peared for them and characterized tie
seizure of the Marshall as can outrage. ,
Before going into the grand jury
room the four were taken before Fed
eral Judge Harland B. Howe, Of Yer.
mont, serving for Judge Chatfield. They
were permitted to confer with counsel
consideration of the case. Mr.. Hyde
said:
"The ship was nine miles out. 1t is
we'll settled law that boat outside the
three mile limit is virtually in no mans
jurisdiction.
No Flight, Says Hyde
81 wish to correct the impression tina,
has been given that the captain and the
mate of the Marshall escaped from the
officers and crew of the revenue cutter
They left the Marshall some hours be.
fore the arrival of the cutter and had
no means of knowing that the cutie,
was going to visit them.
"The Seneca is an armed boat, car.
ryine guns; therefore, it is not fair te
presume that her crew would allow
these two men to escape in a small
boat. If they were unable to capture
the captain and mate with their guns
it is high time we had disarmament.
"The Henry L. Marshall is under
British registry. so the crew certainly
is not in position to tell the grand
the liquor supposed to have been
aboard Conceding that small boats
drew up to the Marshall and took from
her any given quantity Of liquor, how
could the crew or anybody aboard. nine
miles from shore, know the destina-
tion of liquor"
The men held are Robert Pike
Michael Murphy, Clarence King and
Joseph Maui.
Fiue Coney Island Raid