The Federal Reporter with Key-Number Annotations, Volume 250: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, August-October, 1918. Page: 752
xv, 1025 p. ; 23 cm.View a full description of this legislative document.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
752 250 FEDERAL REPORTER
appear in the shipper's manifest. His explanation of this omission was as
follows: "The brokers who were clearing did not ask me for a list of the
provisions. No one told me that provisions had to be listed. I did not be-
lieve that it was my duty to give to the brokers who were clearing the ships
a list of the provisions and supplies I was putting on board. The matter did
not occur to me at all." He gave the same explanation concerning like
omissions in the manifest of some of the other ships. But on August 7th in
the case of the Heina he says he learned for the first time that it was neces-
sary to furnish a list of supplies for the manifest, and that after that he al-
ways furnished a correct list. On cross-examination he admitted that he
knew that manifests had to be made out for cargoes, and that he had known
it for many years, and that he had known for years that every item of cargo
had to be made out on a manifest and sent to the custom house; and he
explained his earlier statements by saying that he had considered the pro-
visions and supplies he had furnished and not listed as ship's stores, which
do not have to be listed. He admitted that he knew from the beginning that
what he bought was intended to be delivered to the German ships at sea.
He was then asked, "How could they be ship's stores?" and replied, "Well,
I never gave it a thought."
Poppenhouse, another of the defendants, took the stand in his own de-
fense, and testified that Kotter informed him that he was to go as supercargo
on the Berwind, and gave him a letter of introduction to the captain of that
vessel, informing the latter that Poppenhouse was to take the vessel to a
certain position, which was marked and was about 40 miles north of the
Island of Trinidad, off the coast of Brazil, and was to cruise up and down
there for some time, and that he very likely would meet some German mer-
chants or navy ships, and, if they needed coal or supplies, that he was to
give them all they needed, and after he had done that he was to proceed to
his port of destination, which was Buenos Ayres, and then report for orders.
This letter was in German and t> pewritten. After he got to sea, he testified,
"I marked down the position I was to go to, or I made a memorandum of it,
and then tore up and threw overboard the letter of instructions. I knew
what would happen if a British boarding officer of a man-of-war came on the
ship and found me with that letter of instructions in the German language. I
was sure that I would be taken out, in case the ship should be searched by a
hostile one, I should have been taken off as a prisoner of war." This man was
authorized to give even the captain orders as to the course of his navigation.
The captain testified that he had never before had a supercargo on his vessel
who directed the course of his navigation. On cross-examination Poppenhouse
testified as follows: "I had no papers at all. If I was forced to, I would cer-
tainly have directed the captain to show him the ship papers. I knew the
value of a good, clean clearance. I knew that a clearance with the seal of
the United States on it was a very valuable paper, in the event that we were
boarded by an officer of a foreign belligerent ship. I knew that, when I
showed the officer that boarded my ship a clearance issued under the seal of
the United States that I was bound for Buenos Ayres with a cargo, he would
pay great attention to that paper."
On August 5, 1914, one Kulenkampf, a German subject and a member of a
commission firm in New York doing an extensive business with South Ameri-
ca, was summoned to the office of the Hamburg-American Line, where he met
Buns, Kotter, and Hachmeister. They informed him that they were anxious
to clear the cargo on two steamers, the Lorenzo and the Berwind, which
they wanted to have sail that night. They told him that the Hamburg-
American Line did not like to appear as the shippers of the cargoes, and
they requested that he clear the cargo for them. They impressed on him
the necessity of quick action, as the custom house closed at 4 o'clock and it
was then half past 3. At first he objected, but was told "that it had to be
done, and he agreed to do it," saying that his firm was doing business all the
time with South America, and that it would appear to be in the natural
course of business for him to be making shipments to Buenos Ayres. They
told him that the manifests which he was to swear to were ready, and that
the vessels were to go, one to Buenos Ayres and the other to La Guayra.
Upcoming Pages
Here’s what’s next.
Search Inside
This document can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Legislative Document.
The Federal Reporter with Key-Number Annotations, Volume 250: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, August-October, 1918., legislative document, 1918; Saint Paul, Minnesota. (https://digital.library.unt.edu/ark:/67531/metadc38821/m1/767/: accessed April 24, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.