Evening star., 1923-01-24
Thyssen Given
Smallest of
Penalties.
COURT.MARTIAL
ACTS QUICKLY
Court Competency
Is Upheld by
the French.
BY the Associated Press.

BY the Associated Press.
MAYENCE, January 24.-Fritz
Thyssen and the five other German
industrialists. charged by the French
with refusing to cooperate with the
French plans for delivery of repara-
tions coal from the Ruhr valley, were
all found guilty by a court-martial
here today. Fines were inflicted.
Herr Thyssen was fined 5,100 francs.
Herr Olfe, 224.3O0 francs. and Herr
Spindler. 47,752 francs.
Herr Kesten was fined 1852 francs,
Herr Wuestenhoeffer Of the Essen
Mine Association S,640 francs and
Herr Tengelmann of the Essen An
thracite Coal Company 5000 francs.
The prosecutor suggested he was
inclined to lenciency because OF the
pa triotic motives of the Germans.
DR.. Frederick Grimm. the, Essen
lawyer retained by Herr Ihyssen.
was assisted by Counselors Wallack
of Essen, Alfred Friedman and Herr
Neumann OF Mayence. and NJ. LIE Clerc
of Nancy, the French attorney as
signed by the French army as tech
nical adviser to the Germans.
Col. Debeugni, the ranking provost
marshal of the French Rhine army,
in opening court. cautioned the spec
tators to refrain from demonstrations.
Court Competency Attacked.
The trial began Immediately upon
the arrival of Herren Thyssen, kes-
ten. Wuestenhoefer. Ten ngelmann, Olfe
and Spindler. When the defendants
had stated their ages, their business
and answered other specifications the
charge was read and DR.. Grimm be-
gan his argument to establish the
illegality of the arrests and the trial.
lie concluded with a demand that the
innnrlnafant
ing his argument on The Hague con-
>ention of 1899 and 1917, as well as
the Rhineland convention.
Capt. Bodin, the prosecutor, replied
ard the court, after consulting in
private for fifteen minutes. declared
its competency and ordered the trial
to proceed.
Tn, ssen. under questioning. ad-
is, at Bredeny. to obey an order given
hy the occupation authorities for the
delivery of coal.
Il am German and my duty COM
pels me to obey the orders Of my
country and to serve my country"
he said. "The entry of troops into
the Ruhr was not justified, by any
faithful to my fatherland."
Obey Own Government.
Thyssen told how the industrial
leaders informed NJ. Coste, head of the
French inspector general of mines,
that they would supply coal il paid
for it, provided the German govern
ment did not order otherwise. He
said orders were given afterward to
the mines to continue delivering coal,
but that the Berlin government telc-
graphed instructions forbiddiniy de-
livery and the industrialisrs then IN
formed M. Coste that they must ebay
their government
sent to Thyssen's statement.
'-he prosecution called Lieut. PorieS
of the gendarmerie, who testified to
the refusal to obey orders to deliver
coal.
The thirty-year-o son of Herr
wuestenhoefer testified that his
father was i'll and asked permission
to take his fathers place as de-
the father showed that his mines had
sent twenty tons of coal to France
and Belgium on January Is and the
son added that he had sent 242k tons
to the same consignees.
Five other witnesses supported the
testimony that the industrialists had
really delivered some coal until the
morning of January is.
Prosecutor Sums Up.
Prosecutor Bodin then summed up
for the prosecution. He referred to
article AZ Of the annex to The Hague
convention of 1907. which says: Ter
rftory is considered occupied when
it is actually placed under the au-
thority OF the hostile army" He
contended such a condition existed
in the present case.
Capt Bodin also cited article 43 of
the same convention, reading: "The
authority of the legitimate power
having in fact passed into the hands
of the occupant, the latter shall take
all the measures in his power to re-
store and insure, as far as possible
public order and safety, while respect
ing, unless absolutely prevented, the
laws in force in the country.
The prosecutor contended. the
Franco Belgian forces had complied
with this article.
Captain Bodin likewise cited ar
ticles and 9 of Gen. Degoutte's
regulations of January II and pro-
visions of the French penal code and
military code. He demanded that the
court impose sentence. but said he
appreciated the defendants motives
and was inclined to leniency.
The chamber Of the court of justice,
where the trial was held, was packed
to overfiowing. Journalists repre-
senting newspapers in all parts OF
the world took up most of the room.
French troops stood guard inside and
outside the court.