New Britain Herald Newspaper, August 5, 1915, Page 5

e LATED TREATY WITH U. S. & * ~ Kaiser Willing to Pay Damages for ‘Sinking of - American Ship Frye, But Not As “Snfis{;cfion for Washington, Aug. 5.—The disagree- ment between the United States and Geérmany over the interpretation of the treaty of 1828 arising from the « Frye case is sharply emphasized ra- “ ther than lessened by the latest note from Germany on this subjeot. The text of the German note was given out at .the State Department late yesterday. The Frye case arose from: the sinking of the American ship of that name by the German cruiser Prinz Eitel Friedrich when the Frye was 7} cartying a cargo of wheat to Ireland. Germany promptly admitted liability, but insisted the case should be passed on by a prize court to determine the legality of the sinking. * The United States objected, declaring it was a case of treaty violation, over which the prize court had no jurisdiction, and suggested that the amount of +~ damages be fixed by negetiations be- tween the German Embassy and the Stato Department. - ' The German note made public yes- s terday contradicted almost every point raised by the U. S. in maintain- ing its view of the case. The disagree- ment between the twa governments on questions aflecting the treaty inter- pretation could hardly be more com- plete ¢ Willing to Pay Damage: "‘ Germany declares her willingness fo'pay damages in the Frye case. The amount of these, she suggests may be determined by a commission of two experts to be ap- pointed by each Goverament to in- vestigate the precise loss sustained by the owners of the Frye. To those offers, however, she at- taches the condition that such pay- however, . > mient will not “constitute satisfaction “for the violation of American treaty rights.” In other words, Germany offers to pay, but in doing so will pot consider she had violated a treaty with the United States. U. S. Cannot Accept. It was indicated ‘here yesterday. that-the United States Government cannot accept settlement for the sink- ing of the Frye under such gconditions, for it -might be regarded as’a yield- ing on the prineiples invalved. Germany’s alternative offer, in case the United States does not accept the proposed conditional payment is the = gubmission of the dispute over‘inter- pretation of the treaty to arbitration at.The Hague, AR That ‘ the Unitéd States might be ‘willing to accept the latter suggestion is considered possible. It could properly do so; as,it.is in many ways | ledged to settle dispiites arising over rh!' interpretation of treaties in pre- cisely this 'manner. The United States: is satisfled that its construction of the treaty of 1828 I8 the:dbrrec ' but would have difficulty in finding a good objection to submitting it to impartial review, iy The United States has contended g that the treaty of 1828 provides that: *“p German warship shall under no cir- cumstances destroy an American ship “learrying contraband, that the utmost ‘“that the German commander can do ‘is ‘to direct the captain of the mer- ‘chantman to remove the contraband. from his vessel. i Germany contends that inasmuch as the sinking of a vessel when car- _rying contraband is not expressly pro- ‘hibijted by the treaty the right may , be assumed if it is in accord with the general principles of law. ‘This, Germany declares, is the fact, and her ‘only obligation under the treaty is to pay for ships and cargoes so de- stroyed. The United States attaches an im- portance to its construction of the treaty of 1828 far beyond the Frye case itself. Germany has made ‘certain general claimsg in the course of the discussion of the Frye case, to admit which would greatly impair the position of the United States in ' future cases, particularly in regard to submarine operations. That is why it is certain that the German offer -~ of conditional payment of the losses in the Frye case will not be accepted. ing the ‘amount of- their losse Since the controversy over the Frye case arose there has been another case almost .identical with it, which is -an added reason why the State Department is determined to make no sacrifice in principle. The American steamship Leelanaw, carrying flax and tow from Russia to. Ireland, was tor- pedoed by a German submarine off the Scotch coast after opportunity has been given those on board to take to the ship’s boats. 5 In this case the United States will not only contend that the Germans had no right to sink the vessel even if she was carrying contraband, but also that flax and tow, thaugh on the German contraband list, ought not to be so classified. Text of German Note. The text of the German note is as follows: Ambassador Gerard to -the Secre- tary of State. American Embassy, Berlin, July 30, 1916. Tollowing note received; ‘““Foreign Office, *“‘Berlin, July 30, 1915. “The undersigned has the honor to inform his Excellency Mr. James W. Gerard, Ambassador of the United States of America, in reply to the note of the 26th ultimo, Foreign Office No. 3990, on the subject of the sinking of the American merchant vessel Wil- liam P. Frye by the German auxil- lary cruiser Prinz Eitel Friedrich, that the points of view brought out in the note have been carefully ex- amined by the_Imperial German Gov- ernment. . This examination hag led to the following conclusions: Oites Stand of U, 8. “The Government ‘of the = United States believes that it is incumbent upon it to take the position that the treaty rights to which America is en- titled as contained in article 12 of the Prussian-American treaty of am- ity and commerce of September 10, | 1785, in article 13 of the Prussian- American treaty. of amity and com- merce of July 11, 1799, were violat- ed by the sinking pof the Willlam P. e. “It interprets these arficles as meaning that a merchantman of the neutral contracting party carrying contraband cannot, in any circum- stances be destroyed by a warship of the belligerent contracting party, and that the sinking of the Willlam P. Frye was] “thérefore, in violation of the treaty, even if her cargo should have consisted of contraband, which it leaves outside of the digoussion. ' “The German GbVernment cannot accept this view. ‘It insists as here- tofors, /that the ‘ébmimander of tie ;German. auxiliary cruiser acted in the legal exercise of the right of contrel of trade in contraband enjoyed by warships of belligerent nations and that the treaty-stipulations mentioned merely oblige the German Govern- ment to. make compensation -for the damage sustained by the American citizenis concerned. A “It is not disputed by the Amer- ican’ Government that according to the ‘general principles of international, law a belligerent is authoriged in sink- ing neutral vessels under almost any condition, for carrying contraband. Recognized by U. S. “As it well known, these principles were laid down in articles 49 and 30 of the Declaration of London, and were recognized at that time by the duly empowered delegates of all the nations which anticipated ip the con- ference, including the American dele- gates, to be ‘declarative of -existing international - law (see preliminary clause of the Declaration of London); moreover, at the beginning of the present war the American Govern- ment proposed to'the belligerent na- tions to ratify the Declaration of London and give its provisions formal vadidity also. : “The German government has al- ready explained in its note of April ¢4 last for what reasons it considers that the conditions justifying the sinking under international law were present in the case of the Willlam P. Frye. It ‘is possible, however, that while the Governments are seeking to reach some adjustment of view on the ques- tion of treaty interpretation, the own- ers of the Frye may step in and get their money. from Germany without further delay. There is nothing to prevent: the owners of the Frye from relieving the United States of charge ‘of their in- terests and notifying Germany that they are willing.to have the amount of damages due them fixed by a joint commission of experts. The question of treaty Interpretation is nothing ta the owners of the Frye, whose proper and sole interest'is merely in recover- What is The cargo consisted of conditional contraband, the destination of which for the hostile armed forces was to be presumed under the ecircumstances; no proof to overcome this presump- tion.nas been furnished. ‘“More than half the cargo of the Vvessel was contraband, so that the vessel was liable to confiscation. The attempt to bring the American vesscl into a German port would have great- ly imperilled the German vessel 'n the given situation of the war, and at any rate practically defeated the suc- cess of her further operations. Thus the authority for sinking the vessel was given according to general prin. Castoria ASTORIA is a harmless substitute for Castor Oil, Paregoric, Drops and Soothing Syrups. 1t is pleasant, It contains neither Opium, ' Morphine nor other Narcotic substance. Its age is its guarantee. It ‘. destroys Worms and allays Feverishness. For more than thirty years it "has been in constant use for the relief of Constipation, Flatulency, Wind Colic, 8]l Teething Troubles and Diarrhcea. It regulates the Stomach and Bowels, assimilates the Food, giving healthy and natural sleep. ‘The Children’s Panacea—The Mother’s Friend. . 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Allow no one to deceive you in this. m&’ are but Experiments that ent. ciples of international law. “There only remains then to be ¢x- amined the question how far the Prussian-American treaty stipulations modity these principles of interna- tional law. 2 Treaty of 1785, “In this connection article 12 of the treaty of 1786 provides that in the event of a war between one of the con- tracting parties with another Power the free commerce and intercourse of the nationals of the party remain- ing neutral with the belligerent pow- ers shall not be interrupted but tha. on the contrary the vessels of the neu- ‘| tral party may navigate freely to ang from the ports of the belligerent pow- ers, even neutralizing enemy goods on hoard thereof. ‘“However, this articles merely for- mulates general rules for the freedom | of maritime intercourse and leaves the question of contraband untouched; the specific stipulations on tais point | are contained in the following article which is materfally identical with ar- ticle 13 of the treaty of 1798 now in force. “The plain intention of article 13 is to establish a reasonable compromise between the military interests of the belligerent contracting parties and the commercial interests of the neutra| party. “On the other hand the belligerent party is to have the right to prevent the trangportation of war supplies io his adversaries even when carried on vessels of the neutral party; on the other hand|the commerce and naviga- tion .of the neutral party is to be in. terfered with as little as possible by the measures necessary for such pre- vention, and reasonable compensation is to be paid for any inconvenience or damage which may nevertheless en- Sue from the proceeding of the bel- ligerent party. ‘“Article 18 recites the following means whereby the belligerent party can prevent the vessels of the neutral party from. carrying war supplies o his adversary; the detention of the ship and cargo for such length of time as the belligerent may think neces- sary; furthermore, the taking over of the war stores for his own use, pay- ing the full value of the same as as- certained at the place of destination. Sinking Not Mentioned. “The right of sinking is not men- tioned in the treaty and is therefore neither expressly permited nor ex- preasly prohibited, so that on this point the -part stipulations must be supplemented by the general rules of international law. From the meaniug and spirit of the treaty it really ap- pears out of the question that it was intended to ‘expect of the belligerent that he should permit a vessel loaded with contraband, for example, a shipment or arms and ammunition of decisive importance for the outcome of the war, to proceed unhindered to his enemy when circumstances for- bid the carrying of the (omission) ia- to port, if the general rules of inter- national law allow sinking of the ves- sel. “The remaining stipulations of ar- ticle 18 must likewise be considered in this light;' they provide that the captain of a vessel stopped shall te allowed to proceed on his voyage If he delivers out the contraband to he warship -whieh stopped 'his vessel. For such delivering out cannot of course be considered when the en- suing loss of time imperils either the warship herself or the success of her other operations. “In the case of the Willlam P. Frye the German commander at first tried to 'have maters settled by the de- livery of the contraband, but con- vinced himself of the impracticability of this attempt, in that it would ex- pose his ship to attack by whatever muperior force of enemy war vessels ‘pursuing him, and was accordingly obliged to determine upon the sink- ing of the Frye. Thus he did not ux- ceed on this point the limits to which ‘ne was bound by article 13. Compensation For Loss. “However, article 13 asserts it- selt here to the extent that it founds the obligation to compensate the American citizens affected, whereas, according to the general rules of in- ternational law, the belligerent party does not need to grant compensation for a vessel lawfully sunk. “For, if by article 13, the mere exercise - of right of ' highways makes the bel- ligerent liable for compensation, this must apply a fortiori to the exercise of the right of sinking. The question of whether the Ger- man commander acted legally was primarily a subject for the consider- ation of the German prize courts ac- cording to general pinciples of inter- national law, as laid down also in Article 1 of the Hague convention for the establishment of an international prize court and in Article 51 of the Declaration of London. The German government conse- quently laid the' case of the Willlam P, Frye. before.the.competent prize court at Hamburg, as was stated 1a its note of..the 7h.ultlmo. This court found by its judgement of the 10th instant that the cargo of the Ameri- can vessel Willlam P, Frye was con- traband, that the vessel could not be carried into port and that the sinking was therefore jusified; at the same time the court expressly recognized the validity of the Prussian-American treaty stipulations severally (omis- sion) model for the relations be- tween the German empire and Amer- ica, so that the sinking of the ship and cargo, so far as American prop- erty, makes the German empire lia- ble for indemnity. The prize court was unable to fix the indemnity itself, since it had no data before it, falling the receipt of the necessary details from the parties interested. to Fix Indemnity. It will now be necessary to settie these points in a different way. ' The simplest way that each of the two governments designate an expert, and that the two experts jointly fix the amount of indemnity for the vessel and any American property which may be sunk with her. The German government will promptly pap the amount of indemnity thus ascertainsd it expressly declares, however, revert- ing to what has been stated above payment does hot constitut- ed satisfaction for the violation of the American treaty rights but a duty or policy of this government founded on the existing treaty stipulations. Should the American government not agree to this manner of settling the matter the German government is prepared to submit the difference o opinion as being a quesion of the in- terpretation of the existing treaties between , Germany and the Unitad States to the tribunal at the Haguo, pursuant to Article 38 of the Hague convention for the pacific settlement of international disputes. The undersigned begs to -suggest that the Ambassador bring the above to the attention ‘'of his government and avall himself, ete. VON JAGOwW. S LS & ‘ STATE'S ATTORNEY PUBLISHES LETTERS Two Statements Which Have Bearing on New Britain Murder | SIS SR State's Attorney Hugh M. Alcorn, on the eve of the execution of Bernard Montvid for participation in the mur- der of Rev. Joseph Zebris and Eva Gilmanaitis in this city on February 8, has given to the press two state- ments, one from Montvid to Peter srakas, who has alreaay been hanged, and the latter's story of his own life. A few days before Krakas' execu- tion Montvid sent a letter to him by Interpreter, Malinowski in which he beseeched him to confess all in regard to the New Britain.murder. He also implored him to tell all about the Red Hand society and furthermore _em- bodied in a paragraph a plea that he would admit that he made him (Montvid) take part in the murder by threats to kill him. The letter apparently had no effect on the cold-hearted Krakas and even to his death it is sald that he would tell nothing definite about the Zebris- Gilmanaitis murders but teased the officials by telling them to see Mont- vid. Krakas story of his own eventful life follows: 3 Krakas’ Own Story. “My right name is Peter Kieulenas. I will be 24 years old in June, 1915. I was born and raised in Lithuania, Russia- I came to America in the fall of 1906 and went to Brockton, Mas: and worked in the Cross company's factory where tucks were made, for about one year. Next I worked in Ber- ry’s shoe factory In Brockton for more than a year and I joined the Shoe and Bootmakers’ union, a feder- ation in America. I aslso worked in a Lithuanian shoe shop in Brockton, Mass. 1 was arrested and convicted for stealing a watch and some money and I served a term of about three vears in Charlestown prison. I was re- leased from the prison in October, i.14. I went to work in a clothing store in Cambridge, Mass., but was only there for a short time. Then I | did not work any more, but spent my time in Massachusetts, Connecticut and New York. I met Montvid first in Taunton, Mass,, either late in Decem- ber or early in January, 1915 He had a barber shop there and I helped him for a time. Later on, I met him again in Boston, Mass., sometime in January in the Lithuanian quarters. We then wer’ to Springfield and from there to New Britain. While we were in New Brtain, the priest and his housekeep- er were murdered. “Montvid and I went to the priest’s house, Sunday, and Y talked to the priest about getting married and. we both went there, Monday evening.” Asked more about the New Britain murder he said: “Mr. Malinowski, I have told you all that I am going to tell you about the New Britain mur- der, and if you want te known any more about it, go back to Connecticut and ask Montvid.” I left Montvid in New Britain and went to Hartford, Conn., and from there I went to New York and stayed there a few days, then I came to Philadelphia and met Montvid there and we came to Wil- mington togetherr We were looking for a good place to start a Dbarber shop for Lithuanian people. I had some stolen jewelry and watches and part of these we pawned in Philadel- phia, and we were trying to pawn some of it in Wilmington when I saw Officer Tierney and tne pawnbroker following me. I started to get away, but the first officer caugnt hold of me and beat me over the head with his club and then I shot him several times and ran away. I was too much excited to know how many more times I shot but I was shot twice and then 1 was captured. A Dope Fiend. “I was a user of morphine pills and had taken several pills on the morn- ing of the shooting. This made me reckless and careless and I cannot re- member clearly just what happened on the day of the shooting, but I shot the officers because I was trying to avoid being arrested. Montvid and I intended to g0 on to Baltimore and pawn some watches there, if we did not get them all pawned in Wilming- ton. Soon after I got out of prison in Massachusetts T bhecame a member of a gang of crooks and with them committed a number of larcenies in Massachusetts, Rhode Island and Con- necticut. “We got a good deal of money this way but spent it all in high living and drinking. This gang had a president named Bill Ginsburg and a secretary named Charles Casey, sometimes called Chalk Casey: We met these three men in a hotel in Hartford. We had %200 which we got in New Brit- ain and they had a lot of jewelry. They me some watches and jew. ¥ e elry, asking me ~and’ meet them again in New York. We again in Baltimore. .1 pawned séme | of the watches and jewelry they gave me in Philadelphia and sold some in Wilmington and expected to go on to Baltimore to meet these three men again. Montvid was one of the mem- bers of the gang and he met gome of the others. He was helping me to pawn and sell the jewelry. He knew the jewelry was stolen, but he stole none of it. The name of one of the other members are George Gutoveki. He was in the Boston, Bass, prison ‘with me. “Antonio Arch was in prison with me but he got out first. Pictures of these two men are probably in the rogues gallery in Boston. Also Felix ‘Wwolf of Baltimore.” I kept a note book in ‘which were ' the names of a number of other fellows who were members of the gang. 1 do not knew the prseent addresses of any of these men. Gutovski formeriy lived on Hanover street, Boston and Ginsburg, Casey and Gilman are often in New York. John Vanag of Brooklyn also is a member of the gang. Has Long Record. “I have helped to commit larcenies with Ginsburg, Casey, Gilban, Vanag and Gutovski. These took place in Boston, New York, Providence, Tren- ton, New Haven and Philadelphia. Not much in Philadelphia. They call it ‘a dead city.’ I did not shoot the jeweler Szkoszydlowsky, but one of our gang did shoot hinl. I am not.certain which one. I was not pres-’ ent when he was robbed but I knew about it and got some of the jewelry and watches. In Boston, last De- cember or November, Arch wanted me to go and Jelp him rob a safe in a drug store. I said ‘No.’ The next morning I saw in a paper that three or four men had held up a man in render, it was announced here today a drug store and shot him. Before he was shot he kicked the door of the safe shut and the thieves got no money. The drug store was in Back Bay, but I don’t know just where. I saw Arch afterwards and asked him who' helped him to do the job in Back Bay and he said ‘Curley.” I then said, ‘What did you shoot that man for?" He said, ‘He kicked the door of the safe shut’ Curley had another name, Jack Wilson. He stays about Boston' and New Yecrk.” ""Peter Kieulenas.” Execution After Midnight. Shortly after midnight tonight Ber- nard Montvid will be brought from the death house at Wethersfield prison and led to the execution chamber where he will take his place on the scaffold. The black cap will be ad- justed, the noose will be put in place and at a signal from the hangman the rope will tighten, swinging Montvid's body into the air. DELEGATES SIGHTSEEING. San Francisco, Aug. 5.—The conelu- sion of the business session of the convention of the German-American Alliance of the United States left the delegates free today to devote them- selves to sightseeing and a visit to the Panama-Pacific Exposition, at which the day had been set aside for them as ‘‘German Day.” In addition to the adoption yester- day of a resolutian protesting against the trafic in war materials betwéen the United States and the enemies of Germany, the alliance recommended the divorcing of the tariff from poli- tics provided that in all future city county, state and national elections members of the alliance shall wark and vote for only such candidates as are favorable to German-American principles and ideals, and pledging the organization to use its influence to place the saldon and liquor business on a healthy, firm and mare digni- fied plane. I Ewents Tonight ] * Fox's theater. “Always in the Wi Moving pictures and vaudeville at ‘F-eeney’s theater. New Britain Turner society, meets in Turner hall, New Britain council, meets at 277 Main street. 0. U. A M, Men's soclety Swedish Lutheran church, Franklin square, Meeting of Lexington lodge, I. O. O, P, in Jr. O. U. A. M. hall, Socialer Turn Verein meets at 142 Arch street. Court Charter Oak, F. of A., meets in Blectric hall. Court Progress, F. of A, meets in Eagle's hall. Isabella Circle, N. D. of I, meets at 242 Main street. Vater Jahn lodge, D. of H. meets in Bardeck’'s hall, St. Jean de Baptiste society meets at 34 Church streeet. The Murder Plate. (Bridgeport Farmer.) The Plate nttached to Becker's coffin, by his widow, was merely the expression of a tense and overwhelm- ing grief, from Becker's widow. Of course Governor Whitman will not bring an action against her, nor per- mit one to be brought. He will at- tribute the action to the emotions of a loving and courageous woman, who was faithful to the last to a man who deserved little of the rest of thc warld. . It Becker had theught a little more about the rights of his wife, he would have been less inconsiderate of the rights of society, and s0 a tragedy might have been spared. Mrs. Bec- ker deserves a place beside Mrs. Thaw, in the galaxy of heroines who have fought bravely in a cause to them worthy, however unworthy in the opinion of the rest of the world. 'SECRETARY WILSON met in New York and agreed to meet [ LAUDS SEAMEN’S ACT Places It on Par With Magna Charta, Declaration of Independence ahd Constitution of the U. S. San Francisco, Aug. 5.—W, B. Wil son, secretary of labor, in an address here last night before the convention of the International Seamen’s Union, placed the Seamen's act on a par with the Magna Charta, of independence, constitution of the United States and emancipation pro- clamation. “It means the freedam of all sea- men,” he said, “on any ship of every nationality tradipg with United States ports. It is absurd to believe that this act will drive American ships from the sea. In effect it will place ship owners of all not be long in demanding the same privileges that the bill gives to the seamen of this country. “I am not a prophet,” Mr. Wilson continued, “but I want to say that the Pacific Mail ships will neither go out of business nor from under the American flag. Regarding the Rob- ert Dollar ships, everybody knows that these vessels were not placed un- der the American flag until the war broke out. The shrewd old Scot djd not want his ships ‘sunk. When he applied for American register it was with the understanding that it was only for the duration of the war."” SCHOONER MARVIL WRECKED Captain and Crew of American Ship Reach New York. New York, Aug. 5.—~The steamsh'p Caracas, arriving here today from San Juan, P. R, brought as passen- gers Captain Willilam Nelson and seven members of the crew of the American schosner Sallie C. Marvil, wrecked July 27 on the east coast of the Island of Bonaire, Dutch West Indjes. According to Captain Nelson the wreck was caused by his chart failing to show a new light that had been installed on the island. His vessel was a total loss, the captain, sald himself and crew escaping in the life-boa K. OF C, FAVORS CONVENTION, Seattle, Wash., Aug. 5.—With the naming of a place for holding the next annual convention, the Supreme Council, Knights of Columbus ex- pected to complete its business to- day and adjourn. Cincinnati has ap- peared to be in the lead for the next convention. A&P Grit. Very Nourishing. gain. This PACIFIC TOILET PRETZELS . . Pound ¢ Strained Tomatoes 3 cans 10¢ A&P Tomatoes can 12¢ HILLSDALE SLICED PINEAPPLE can 14c | ea. 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