GERMAN BOMB CONSPIRACY TRIAL

Evening Star, Issue 16350, 16 February 1917, Page 7

GERMAN BOMB CONSPIRACY TRIAL

’■CREME TO BAR “STAR” WITNESS FAILS. With dev-dish ingenuity, as befUtlngTcuonic methods, the battery of la.wyois deending Pranz Bopp (German ' Consulseneral at San Francisco) and his mime,'ous aides, charged with wholesale violalions of American neutrality, made a most spectacular attempt' to oustbonis J. Smith, the United States Government star witness, from the sensational trial, which ha-s aroused ru'-tiou-w;de attention in tho Federal Court in San Francisco. The sleuths employed by the Kaiser’s representative on the"Pacific const discovered that Smith bud once served m the United States army, and had hnr. the temerity to desert from military service, for which he had been court marliallcd. He also was proved to have stolen five- pounds of tobacco about, the same time. Ho had in consequence been compelled to serve a. short term in gaol, thereby losing his American citizenship. Du this ridiculous plea, the German defence lawyers appealed to Judge Hunt to 'orbid Smith to appear and deliver Ins •oatimony against Bopp and his associates, .attorney Roche, chief of the German irmn.-el, fortified with a ton of legal books md decisions, argued that a. court martial conviction was equal in effect to that of an ordinary judicial court. LEGAL PORTIA ARGUES. - Mrs Annette. Adams, who lias a long ic.vrd of victories ever tin- defence attor-

levs in tne legal skirmishes since the ease .legan, took up the argument for the p-ose-.union, and recited numerous authorities :o support her contention that a '.nun martial conviction was not equal ;n -;li-, ct to a court convict ion. Airs Adams did not have as many bocks to rely upon, but she ,’OOlllO.l to have a gen'.;,rkalJly dear inomory regarding decisions which faviv.vd ]i ■ ; - ponu, and pire gave the Judge a- summary ol those decisions. When file arawmonii had concluded Judge Hunt- said he would consider the inatl-.r. In the ns-nahine, ?ome two dozen witnesses \veiy>. exam it eel. but most of their tpstirr.onv revolved around the action.; of tho star witness, •Smith, and it was readily realised that, with Smith out of the case hope would toon spring in tho breasts of the Teutonic plotters. The. Public Prosecutor's «-*lico ivas not ovei'iookini; every opp'i rl-’i.’iit v. tnd they piomptly laid the matter by te'-c----jrapli before President Wilson, with live result that Smith was restored to citizenship by President Wilson. This action raised a furore m the Gorman legal circle, and Consul Bopp was mortified Celt t-liis hold stroke of Kultur had received the setback it so richly deserved. After that the custom,ary nonchalance ot Bopp and Jus •atellites was conspicuous by its abocuee, and the German Consul subsequently riveted Ids attention on any crucial tc.-ti-mony that wa.s being submitted. O. G. (Jls.m, a, tugboat man. of Tacoma, who shares tho office of the Dupont powder work- on the- municipal dock, was. first ;ai led as a Govennno.it witness. Ho said Smith, whom ho bed known as Brown, had bought 200 ft. of dynamite fuse from turn in May, 1910. while Olsen was alone in the office of the powder works. The witness said that Smith explained -at the time that he wauled the uu-o to Vow mu. tive stumps from his land. This purchas.' of fuse occurred shoUiv he fore the blowing ip- of the barge of dynamite in Scania Harbor, which was destined for Russian nnidarv operations. WOMAN SPY SECRET? TOLD. One of the most curious of a- scries of sc. ret code mescuges sent between tiie c ;| in riratarc;, and now road in con.t, was sent by Ghai las Crowley, private oelective. of the Gorman Consulate, Mrs (’■•rue!! (his FcureiHry) . frem Tatunui, on AKqv 50, 1915. the hay af:er ihc h.nvo of dynamite. ,11 transit to ike Russian C-overiur.enfc at Vladivostoek, hud been bln", u up in Seattle Harbor. This mo-s----tage was direited lo Mrs Cornell at 677 Elds street. Sen Fi.incieco. It ;ead: “Work lias iir-ei good. Am all fixed. No conncvtiou with t.he Big circus. It, was an accident to the Kk-ohant.—C." Mr

J'icston promise! to later reveal the kc-v to the code, am.l show the;, the uyptic telegram related, to iho destruction of the barge of dynamite. Mrs Cornell was evidently confined by Crowley's reference to t- menagerie, lor she telegraphed back to him; " Don't understand your mssPage. Oet letter at Portland Post, Oili-’c upon your arrival.—M.C.C.’’ Preston also road code message.; exchanged between Smith .and Crowley. These messages were Exchanged at a time when Smith was in the full eonlidence of the German Consulate, and had no intention of hocuining a witness for the United .Slates Govrtnn.eiit. One of the messages was sent to Crew,dev by drailh from Tacoma on May 18, 1915. it read; “He Iras sold it. Find! 1 buv at Victory? Answer at once.—Walter' C. Brown." Crow By, then in San Tran cisco, replied to Smith: "If you think von can make it, yes.—C.’’ This message, according to Preston, meant that Smith was unsuccessful at Tacoma in planting a dvn.i. mile bomb aboard a ship laden with munitions of war for Vladivostoeh. and '.vented to know from Crowley if he shouid make another attempt to do c.o at Victoria, B.C.

.Several witnesses were called, and proved that Smith had been seen copy :ng llussian characters on cases of gelatine dynamite consigned to Vladivoslock. Movements of Crowley and Snath w-.ro detailed around tho time of lli; Seattle explosion, and many of the w brought from (he north appeared to be insignificant, nut all of it wan. inintended by Preston to piece out- u the, mosaic of evidence fh.at lie wav, attempting to construct in sequence to p-ova the conspiracy charged against M.-e defendants. Xick Hocrinp. who lives at iSteilaenin, six miles from the Ihipo’it Powder Works in Washington, said Munir hired a. sum!! cottage from him in Mnv. 1315. Keying he w;.; in search of -t-s Smith gave the name of '.Valter Brawn, and v.-.'- i acc.'Tnpar.i-.d by hi.-. wi;V. 1 day Inl-owiug dmit-h said he would not want tin?, hon.-e, as his wife, preferred to live iu Seattle. SEVEXTH DAY'S PROCEKDIXGS. With news -?;u, bin;; Saa Francisco that President Wilson ban restored citi/.ei-shin to Smith, tlm confessed spy and bombplanter, Preslon railed upon the vim of tin- chief Gov;rument witness to testify. Mr I need ore It echo, chief ' --au-si for Bopp ami t.l ie <.t'i• ■ r defendants, was on

his foot excited, v v -t’n a motion in oxi-lndo the it--! tmony of Mrs Smith Ignore >he

had appanrorl m tne hex. oreuiua than she maid no I.- be a i run;; teat vritmf.-, i"i’ the K'i.H'n tiiat j n r !,.■ tmeats were yl l i 1 outstHiifling .tL'amat 11 r-r husband. •ludte Hunt, a’tev listomno i>at;ontly

• the hoist <? •bred ho v;

'•■'•■ c .•t-aiunciit.i of 1'o:o!to, do.a of li;c (iji'.'lioil that, A1 1-s

>:nilh onuh! tostiiy against all ilie indicted defendants, milk the ex'.notion of bin- husband. Jlo intimated that be oulrl make this Ills forma! vnlir.o later, find the (dommnont, lu-nfoceietl with other wit-rms.-es while awaiting his decision.

'I w nun <-al!o-r! tn the stand bv Mr I’tfston swore that Crowley represented himself as a Government investigator. and !)■ t;'ii! to make inquiries about the. destruction of the barge of dynamite m fc-eattlo 3[arbor. These witnesses wove Louis Jioyd (pilot, of Seattle) ana R. L. Eajris (.-■inker). Loth identified Growler as the man wiio talked tt.. thorn about tho ospioand identified S'nith as a man who had purchased dynamite time.

Mr Preston prefaced this testimony by introducing as evidence code. leU-grams linil had been exchanged between Crowley

and Mrs Cornell, his secretary. Preston nad contended, in hm opening statement t<- the jury, that both Smith and Chov.l v had plotted to destroy the steamers Haze] Dollar, Kaifuka Mam, Hhin.-.ei Mam, and Talthybius before they left Urn P.yset Hound region with munitions of war for the Allies. The telegrams were now introduced by him to prove this contention, and to establish ins claim that tin;, safe arrival of thesm vessels at their p.n-ts of destination in 1915 was a r.oro disappointment to tile Imperial German Consulate in San Francisco. The telegrams were identi-

fied by A. M. Moecham. a Postal Telegraph Company’s branch office manager, as messages tent bv Mrs Cornell iron; San Francisco to Crowley- in Detroit and New York. One of the telegrams sent to Crowley in Detroit, Michigan, read; “Saw him this morning. He was astonished; said he would suspend judgment for a few oays. Queer news this morning. Ho suspects you were interested in failure.—lV." The “he” in this message, according to Preston, meant Lieutenant Yon Brincken. who be-gau to suspect the integrity of Crowley when the German Consulate learned that the ships carrying munitions for tho Allies and marked out for destruction had arrived at their destinations.

Anothor telegram, sent to Crowley at the Statler Hotel, Detroit, June 29, 1915, rend ; —“ All three arrived. (am awaiting your advice. Something queer.” A third telegram. dated July 7, was addressed to ( Vowlev at the Wallack Hotel in New York. It read; —“Manager informed Bradford that, experiences were discouraging: that author of lawsuit was too poor to justify advances for appeal; ho is willing to offer largo contingent fee depending upon success only. Bradford will probably advise. See friend in New York. W. ’ ADVANCES OF MONEY.

Mr Preston interpreted this message as reading that. Mrs Cornell was telling (.’rowley that Yon Brincken, referred to as Bradford, had been told by Bopp, whom she called the manager, that the money expended to dynamite ships of the .Allies was being wasted by Crowley and Smith. Further advances of money from tho Consulate, according to Preston s construction or the message, would not be made until ships hud actually been destroyed. Bradford's friend in New York. Preston said, was Captain Von Papen, the military attache of tbe German Embassy, who was subsequently recalled at the request of the United States Department of Justice. Another telegram read into the reeord by Preston was addressed to Crowley at the Wallack Hotel. New York, and was from Airs Cornell also. It ran :“ I asked for a. hundred. They refused to let me have it. He was indignant at refusal, hut decided it would be best in the cud, as it would justify you seeing other party, who lias plenty, He'hones to work with you seen.' Don’t forget to boost him. He looks to you for help. Vt Ihe “be in this code ines-age, according to Preston, also referred to Lieutenant Von _ Brincken. Preston explained that You Brincken was hoping lo go to New York to work directly for Captain Von Papen, designated as tbe “other paity.” Preston said that the Government had other code messages, which would be introduced later in tho trial, and would disclose in detail tbe most intimate particulars of the conspiracy to violate neutrality charged against the defendant;. Captain Lovell, master of one of tho Dupont Company’s powder boats in Cue Puget Sound region, testified to the purchase of a 501b ease of dynamite by Smith .under the name of Walter M caver on May 24, 1915, 10 days before the Seattle explosion. 11. G. Gc.stick, a- salesman of the company, -implied additional details of the transaction.

(loorge A. Marvin, agent for the Dupont Company at Tacoma., testified to the. sale of 200 ft of triple fuse tape to Smith, under tho-iuune of Walter Brown, on May 28. Other sales of fuse to Smith, according to the witness, brought hie total purchases tin Ici I.loßft during 1915. ’Edvard Walker. ’ rancher, of Puyallup, 10 miles from Tacoma . and Walter Cady, real estate agent, of Woodland, told about the purchase on instiliincnt of 10 acres e,[ slump land by Smith the day after the Seattle explosion. Smith posed as a man anxious to get back to the soil, and was accompanied by his wife and Crowley when he C'jptraeied for the land.

Edwin W. Thomp.on. who was chief clerk of the Western Hoi el, Sacramento, in 19J5. told about Smith depositing SbCdol wit It him on July 28. This money, aceo'diny to Preston, wans part of the funds he received from Lieutenant Von Brinckon attar he relived from the East and made a .-ottlosneni with the German Consulate for hi- work as, a spy and secret service agent

orking ttnder the direction of Crowley, EVIDENCE THAT THE CONSPIRATORS FEARED.

The eighth day of the trial culminated in a total exposure of t-lic conspirators. and th-j conn room ivj, jammed to tin* corridors with men and women when Smith bona!- t; relit? ids con-'cs>ion «f crime involving liie prominent defendant.-. 'Willi a dear voice and in a calm manner the witness, under direct examination by Prosecutor Prostcm. unfolded step by step the episodes of the homo-plot conspiracy from the time he, said he was employed at the Herman House early in May, 1915, by agent; of Consul Bopp until he surrendered to the Federal authorities a. vear ago. Bonpy.nd his associates followed the revelation; with intense eagncniess, Bopp cupping Ids ears ami absorbing every word from the lips of Ids co-defendant, who Stas escaped prosecution by turning informer.

vSmith F-tate-d that hrs ■vra;: cmplovcd as a laborer at the Pinole powder works between April 30 and May 7. 1915, and that he had previously been employed at- the work-- a.- a dynamite mixer. Jlc firs', coni ccC-d i In' del •.■ndunis 'll his rtory hr olal'-ug I.::,it on May 5, 1915, lie was introduced to Max Lnchc. an official of tho San Fianciseo German House, by William Fiehbe-ck, proprietor of a cigar stand at Turk and Polk streets. In answer to Luche s questions, lie said, lie told how lie was employed in lend ini' a haigo with oynoit! : - tiiac was dcctnu-d for m-dittur olieial'.fUi in 11 1 is -]. ■, ()n t: i - a It* rn-e -n o' May 3, ly;s, hu-lic, in his presence, telephone ; t-> tin: German ( --nculate, nnd phut- in aoout 10 minutes Lieutenant- Von Bnn-kni re: ponderl. Smi'h said that after etw.-etinn with Von P.rinckon - - ---- -- a u Tfoa.-? tlt lw atcna.ul c-Lcd nir; a i;e svenid K-llow Ihc barge of dvnainite, y. Inch was then iu tho harbor, ’arid --- 11 - if in-. I sa !-1 [ w-:"Id. ' related the wdn "'At the suggestion of prin.-k-nr I thou went down to” tho Crowicy Launch and Tugboat Company and i 1 ;n i - to i -■ -'i l tho barge, of dynamite in the bay, oip ring as nn excuso that ! had lost mv wife's ling- \vh;| t > loading the barge a I Pinole. The man at bhowlcy's ?aid I enuid m-i .'.hoard Guit n.uriiu. i".it- I tdd nor go, ;-s ;■ vais raining. li;e next morning Crnwlev came in mv hoiiic .U<i presented h;v. rn.r.l Lie he

homo and presented his card from the German 'deism, a>< . kni „ m ,, i my work at IWp, and wanted te ! ;P ow if I would bp win-inr; to Mow up ;h.‘ l>.‘r-.'o of dynaiMibo I f-lid T wonM i went with Crowley to the Gartland ITetol. and Br lichen came there also. Crowley told Brincken I would accent "tho position. and ho was satisfied of mv chilitv to mi-c dynamite-. I was elfer,,-! hyp,],-,]' luru.th and ail rxpnr-o?. and a bonus of o.OO'io! for every jot, done T accepted, •'iibserpi-ntly Crowley hnnd"cl me 2,50-dni in currency, ami said he would Mve mo tne balance in Tacoma." Crowlev was pictured by Smith as Cue man who acilvelv rnciurercd and, supervised ail the dynamite to.', to wln eh tilt' witness was assumed, South testdikd. however. that Crowlev alwars loolc up a. safe position in the. hackeround when dyiiamitinn was to he, done /u; he continued to untold his Slo rv Smith ■iiade it plain that ho had no srruples in miposiny upon the men whom hj,. represented as h:s employers in the cor*; draw. —Germans Neatly Tricked.-*-

Smith said _ he. substituted sticks of fire-na-.0,l iov tvicks of dynamite wliich ho was c-upposed to cany- aboard one steamer al Seattle in a suitcase. On. other occasions. ho ted died. he told Gi.nvW that ho .lad plain. i.itCiual machmc's amoim war munitions, when, as a matter of fact !m had been either frightened awav hr pinrcU or iiad wilfully abstained from Van-vine out Ins pari of the contract because of the risk. Smith went on to tell of his arrival in Tacoma, snd of how Crowley subsequently j-'ined him thcie. Def,no' Crowley arrived. Siinith huid lie sent him a COf ] o telegram informing him that there win a pood chance to plant a bomb aboard’ the Kaifuka Marti, a Japanese liner thou loading war munitions for Vlodivostcn k. Thu message v.-ns produced hv Preston ami identities] hv Smith. Ho went on to tell of buying 501 hj of dynamite at the direction of Crowley, who, the witness said, had marked out for destruction the steamers Kaifuka Mr.ni. the Shin.-ad Maim tiny .Talthybins. and the Hazel liollaia Smith swore, that under I'rowlev's instrnctiuns he essayed his first dvnaimto job on the imrht of Maw 25. hie raid he set out

on this job after packing 42 sticks of dynamite in a suitcase and attaching a fuse, to the explosive that would take three days to detonate tho charge. Smith timed' tho fuse by experiment, he wid, as Crowley hflid tol-d him that none of the stoanuM's -should bo destroyed within tho thrce-milo limit. Smith (attempted to iplace the suitcase of dynamite among some crated automobiles being loaded from flat cars to the steamer Talthybius. He accidentally made a noise, and, fearing watchmen, ho retrained from placing the dynamite in the cargo. He told Crowley that the dynamite bad been placed according to directions alter “ho had undergone great oersonal risks.”

Similar ruses were adopted by Smith according to his testimony, on other occasions, although Crowley was always of the opinion that the. infernal machines had been planted among tho cargoes of the ships ooiind from the Puget Sound region to ports of the Allies.

iTn bo continued.)