Chapter 3

On Tuesday Stahl and his personal conductor arrived in this city from Albany and were met by Superintendent Offley and Special Agents Adams and Pigniullo. Stahl was taken to the office of Superintendent Offley in the presence of Mr. Sandford, who was asked to take part in the proceedings in the interests of fair play, although he was not then Stahl's lawyer.

At this examination and at a second one held on Wednesday, Stahl repeated his charge that he had seen guns on the Lusitania. He showed great familiarity with the details of the construction of the Lusitania.

At the end of the examination it was urged by representatives of the Hamburg-American Line that Stahl should stay under the watch of the Federal agents in order that, if he told a different story later, there could be no charge that outsiders had tampered with him. Stahl remained with the Government detectives on Tuesday, Wednesday and yesterday, although he was not under arrest. When he appeared yesterday before the Grand Jury it was under a subpoena.

Assistant District Attorney Wood said yesterday that the charge of perjury had been lodged against Stahl on the strength of the statement by the Collector of the Port, Dudley Field Malone, that there were no guns aboard the Lusitania.

"We can bring fifty witnesses," he said, "to prove that the Lusitania had no guns on board and that Stahl is guilty of perjury."

Mr. Wood was asked if there was any evidence that Stahl had ever been in the employ of the German Consul-General at this port or of Captain Boy-Ed, Naval Attaché of the German Embassy, who is said to be the head of the German Secret Service here. Mr. Wood refused to discuss either question. When he was asked if the investigation promised to involve any man of importance, he said:

"I don't know. We are holding the Grand Jury investigation to find out all that we can about the case."

After consulting with Stahl, Mr. Sandford said that he would not represent the prisoner but would seek to get a good lawyer for him at once. When asked if he represented Koenig, he refused to say. He was asked if he knew anything about the charge against Koenig. He said:

"No. The charge of attempting to defraud the Government is a charge on which the Government can get anybody at any time for anything."

CAPT. TURNER'S DENIAL.

_A London cable dispatch of June 15 to_ THE NEW YORK TIMES _said:_

At the opening of the Court of Inquiry today into the torpedoing of the steamship Lusitania on May 7, two outstanding points were vividly impressed. One was that the Cunarder was unarmed. The other was that the ship was proceeding at reduced speed, eighteen knots an hour, only nineteen of her twenty-five boilers being used, the result of her effort to save in coal and labor.

Sir Edward Carson, the Attorney General, in outlining the evidence in the hands of the Crown, adverted impressively to President Wilson's note to Germany on the sinking of the Lusitania in which the President informed the German Government that it was wrong in assuming that the Lusitania was equipped with masked guns and manned by trained gunners. "We have ample evidence to disprove the German lie that the Lusitania was armed," said the Attorney General. "Aside from the word of witnesses we have that of President Wilson in his recent note to Germany, based upon investigation made by officials under him. The sinking of the Lusitania was murder."

Sir Edward lifted a newspaper clipping of the President's note from the table and slowly read the passage disposing of the German allegation that the Lusitania was an armed auxiliary.

Captain W.T. Turner, who seemed slightly grayer than before the Lusitania was torpedoed, in that way alone showing the strain under which he has been since his ship was sunk under him, gave evidence that there was not one gun on the Lusitania's deck, and declared that the German assertion that the steamer was armed was a "sheer lie."

STAHL INDICTED FOR PERJURY.

_In_ THE NEW YORK TIMES _of June 19 appeared the following report of the Grand Jury's indictment of Stahl on a charge of perjury and the announcement that the Federal investigation will be continued:_

Gustav Stahl, the alleged German reservist, who made an affidavit that he had seen guns on board the Lusitania on the day before she sailed on her last voyage, was indicted on a charge of perjury by the Federal Grand Jury yesterday. The perjury charge is based on his testimony before the Grand Jury, during which examination he repeated that he had seen the guns on the Lusitania as set forth in his affidavit filed by the German Embassy in Washington and now in the hands of the State Department.

The name of Paul Koenig, who, it is said, was known to Stahl as Stemler, and who is the chief of the secret service of the Hamburg-American Line, is mentioned by name in the indictment. The indictment sets forth that on June 10 there was pending before the Grand Jury an investigation concerning Koenig and others and that Stahl was among the witnesses called in the course of that investigation. It then goes on to say that Stahl testified in substance and to the effect that on April 30 he went aboard the Lusitania, then with one Leach, and that while on the vessel he saw four guns on one of the decks of the steamship, two forward and two aft, and all mounted on wooden blocks and covered with leather. The indictment further charges that at the time of so swearing Stahl did not believe it to be true that he had been on board the Lusitania and had seen the four guns.

The indictment, in conclusion, charges that there were no guns upon the decks of the Lusitania on April 30. "Therefore," the Grand Jury charges, "that Stahl, after taking an oath before a competent officer to truly depose and testify, did willfully, knowingly and feloniously and contrary to his said oath, depose and state material matters which were not true and which he did not then believe to be true, and thereby did commit willful and corrupt perjury against the peace of the United States and their dignity and contrary to the form of the statute of the United States in such cases made and provided."

Stahl will be arraigned before Judge Russell in the criminal branch of the United States District Court on Monday. He is now in the Tombs in default of $10,000 bail. Should he be convicted of perjury he may be sentenced to prison for five years or fined $10,000, or both.

The indictment of Stahl does not mean that the Government's investigation of the Lusitania affidavits, and the way in which they were procured, is at an end. On the other hand it is proceeding vigorously. Three witnesses, all Government officials, were before the Grand Jury yesterday in connection with the case. Heinz Hardenberg, who was found in Cincinnati a week ago today and brought here to be examined by the Grand Jury, has not yet appeared before that body, although the Government agents insist they can produce him when his testimony is desired.

THE NEBRASKAN CASE.

_An Associated Press dispatch dated at London on May 26, 1915, reported:_

The American steamer Nebraskan, Captain Greene, from Liverpool May 24 for Delaware Breakwater, was torpedoed yesterday evening by a submarine at a point forty miles west-southwest of Fastnet, off the south coast of Ireland. [Captain Greene's report, given below, says the Nebraskan was "struck by either mine or torpedo."]

The sea was calm at the time. The crew at once took to the boats and stood by the steamer. It was soon ascertained that the Nebraskan was not seriously damaged, but she had been struck forward, and her foreholds were full of water.

The crew returned on board and got the vessel under way. No lives were lost among the crew. The Nebraskan did not carry any passengers.

This information was received at the British Admiralty in London, and it was at once communicated to the American Embassy.

Immediately she was struck the Nebraskan began calling for help by wireless. Brow Head received the wireless communication at 9 P.M. yesterday from Crookhaven.

A message to Lloyd's from Kinsale, Ireland, says that the Nebraskan passed that point at 11 o'clock this morning. She was down at the bows, but was proceeding under her own steam, and flying the signal: "I am not under control."

The vessel passed Queenstown in the afternoon on the way to Liverpool. She was proceeding at eight knots.

A message to The Star from Liverpool says that the name and nationality of the Nebraskan were painted in large letters on her sides. She was in water ballast.

A message to Lloyd's says that an armed trawler went to the assistance of the Nebraskan and stood by her all night.

The report that the Nebraskan had been torpedoed caused surprise to American officials here. Apparently the affair occurred before 9 o'clock last night.

Last evening was clear, and the period between 8 and 9 o'clock is the twilight hour in the British islands at this season.

The German submarine campaign is continuing actively. Dispatches from Norway state that the people of that country have been aroused by the sinking last week of the Norwegian steamer Minerva and the attempt to torpedo the Iris, which went to her assistance.

The steamer Cromer, loaded with passengers, had a narrow escape from being torpedoed while bound for Rotterdam yesterday. A submarine fired a torpedo without warning. It missed the ship by only fifteen yards. According to the Captain's story, told to Rotterdam correspondents, the periscope was seen 500 yards distant, and then the wash of the torpedo, which was moving so rapidly that nothing could be done to avoid it. The attack occurred at a point four miles north of North Hinder Lightship.

_The first news of the Nebraskan having been disabled off the southwest coast of Ireland was received on May 26, at the office of the American-Hawaiian Line in a message from the Captain, which read:_

Struck by either mine or torpedo, forty-eight miles west of Fastnet. Am steaming under convoy to Liverpool. Water in lower hold. No one injured.

GREENE.

_Three dispatches concerning the Nebraskan incident were received at the State Department at Washington on May 26--one from Walter H. Page, the American Ambassador in London, and two from Robert P. Skinner, the United States Consul General in London. The dispatch from the Ambassador said:_

Urgent. Report at midnight last night to British Admiralty from Lands End states that American steamer Nebraskan torpedoed forty-five miles south by west of Southcliffe, crew taking to boats. British trawler standing by now reports Nebraskan still afloat and making for Liverpool with four holds full of water. No lives reported lost.

_The first dispatch from Consul General Skinner was as follows:_

Admiralty reports American steamer Nebraskan, Liverpool for Delaware Breakwater, torpedoed forty miles south by west of Fastnet. Crew in boats. Standing by. Weather fine.

_The following cablegram came from the Consul General:_

Nebraskan proceeding to Liverpool under own steam about 8-1/2 knots, crew having returned on board. Apparently no lives lost. Extent of damage unknown.

_In an Associated Press dispatch from Crookhaven, Ireland, on May 26, this report appeared:_

It was learned today that a submarine was seen last night off the southern coast of Ireland. She was sighted soon after 9 P.M., near Barley Cove, which is about ten miles from Fastnet. The mishap to the steamer Nebraskan is reported to have occurred shortly before 9 o'clock, about forty miles from Fastnet.

A steamer was seen outside Crookhaven, which lies just north of Barley Cove, at about 9 o'clock last night. As she approached in the direction of Fastnet Lighthouse two loud reports of a gun were heard. A boat in Crookhaven Harbor went in the direction of the steamer which put about and was lost to sight.

Several residents of Crookhaven turned out and went along the shore, keeping a sharp lookout. They sighted a submarine off Cove, near the mouth of a little creek. One of the men on shore fired two shots with a rifle at the man in the conning tower of the submarine. The submarine dived immediately, but soon rose again further out. Three more shots were fired at her and she again disappeared.

_The detailed report on the Nebraskan incident by Lieutenant Towers of the American Embassy in London, as submitted by Ambassador Gerard to the State Department, is thus described in a Washington dispatch to THE NEW YORK TIMES of June 16, 1915:_

Evidence indicating that the American steamer Nebraskan was torpedoed by a German submarine on May 25, was obtained by the State Department today when it received a long mail report from Ambassador Page at London containing the results of the investigation conducted by the American Consul General at Liverpool upon the arrival of the Nebraskan at that port.

Ambassador Page's mail report contained the detailed report made by Lieutenant John H. Towers, Naval Attaché of the American Embassy at London, who made a technical and expert examination of the Nebraskan in drydock at Liverpool. Lieutenant Towers's report contained a number of photographs of the shattered fore section of the hull of the Nebraskan, but the most interesting feature of the report consisted of exhibits in the form of what Secretary Lansing described as "fragments of metal."

While officials would not make known the character of these fragments or the details of the report until they had opportunity to carefully examine the data, it was learned tonight that the report indicated that the Nebraskan was torpedoed, and that the fragments sent with the report consisted of portions of the shell of a torpedo, which were found in the hull of the Nebraskan.

The report also contained the depositions of three of the officers of the Nebraskan, taken by the Consul at Liverpool, including the statement of the Captain and the Chief Engineer. The latter stated that at 8:24 o'clock on the night of May 25, after the flag of the Nebraskan had been hauled down, he observed a white streak in the water perpendicular to the ship on the starboard side and a severe shock was almost instantly felt, followed by a violent explosion abreast of No. 1 hold.

The report of Lieutenant Towers showed that the hatch covers of No. 1 hold were blown off, also the cargo booms above it, and that the bottom plating and pieces of the side of the ship were blown up through two decks of the ship.

THE "FRAGMENTS OF METAL"

_The following appeared as a special dispatch from Washington to_ THE NEW YORK TIMES, _dated June 17:_

Despite the extreme secrecy of officials, indications were abundant in Washington tonight that the case of the American steamer Nebraskan, believed to have been torpedoed by a German submarine, was assuming great importance in the eyes of the United States Government. One evidence of this is found in the unusual pains that are being taken to determine by indisputable evidence whether the Nebraskan, which was damaged by an external explosion off Fastnet Rock, on May 25, was the victim of a torpedo or a mine.

Despite the reports forwarded by Ambassador Page, the Administration is unwilling to base its conclusions in the Nebraskan case on the verbal evidence it already possesses. It has determined upon an independent expert, technical, and scientific examination of the "fragments of metal" that have been sent by Ambassador Page, in conjunction with the photographs that have been received. This investigation is being conducted by experts of the Navy Department, and will probably take about ten days. Robert Lansing, the Secretary of State ad interim, refused tonight to discuss the "fragments of metal" received from Ambassador Page in connection with the Nebraskan case further than to say that the reports received yesterday, with the photographs and accompanying exhibits, had been referred to the Navy Department. Josephus Daniels, Secretary of the Navy, said tonight that the report had been referred to experts of the Navy Department for a confidential report to be submitted to the State Department.

Neither at the State Department nor from any official or officer of the Navy Department was it possible to obtain any further clue as to the character of the reports.

It was learned that the reports accompanying the set of photographs and "fragments of metal" were not the original reports on the Nebraskan case, made by Lieutenants Towers and McBride, which were received by the State Department last week, but were in the nature of a second set of supplementary reports, based on actual examination of the battered bow of the Nebraskan and the technical examination of the interior of her forward compartment. This examination was made by Lieutenants Towers and McBride, while the Nebraskan was in a drydock at Liverpool. Photographs of the interior and exterior of the steamer's hull were taken by the naval experts.

The "fragments" in question will be analyzed metallurgically for the purpose of ascertaining precisely what metal they contain. Generally speaking, torpedoes are made of a higher grade of metal, within and without, than that used in the construction of mines. The exterior metal of torpedoes consists of nickel steel and copper, and the interior mechanism includes the same kinds of metal and brass. The exterior shell of a mine is generally made of less expensive material, such as galvanized iron, but the interior mechanism and clock-work are of finer metal.

In the examination being conducted by the Navy Department the metallurgical nature of the fragments will be ascertained after their size, shape, contour and character have been very carefully studied by a large number of naval experts who will endeavor to ascertain not only the character of the naval engine of destruction these fragments once fitted, but also the particular portion of torpedo or mine the fragments constituted. These studies and tests are to be conducted partly in the Navy Department, partly at the Washington Navy Yard, partly at the naval proving grounds at Indian Head, Md., and partly at the experimental station at the Naval Academy at Annapolis.

All the naval experts in Washington qualified to have a hand in the tests will be utilized. There are some naval experts outside of Washington, within a few days' reach of the city, who will be summoned here to participate in the examination. It is understood the examination will continue about ten days before any report can be formulated for submission to the State Department.

While this unusual care is being exercised in the tests of the fragments, it is understood that there is nothing in the conclusions thus far drawn in the reports to indicate that the fragments were once part of a mine, and that the reports as they stand indicate that the Nebraskan was hit by a torpedo. This is the conclusion the Administration is expected to draw from the evidence unless the technical examination of the fragments nullifies this evidence.

Dr. Meyer-Gerhard's Mission

_In a cable dispatch from Berlin, via London, dated June 2, 1915, the following complaint of lack of official news from Washington and of means for obtaining it was made known by the German Government:_

The German Foreign Office is unable to communicate with Count von Bernstorff, the Ambassador at Washington, except by wireless in plain language, and even this mode of communication is uncertain during periods when the static conditions of the atmosphere are unfavorable.

Reports which reach the newspapers are regarded with suspicion, not only because they come exclusively through British channels, but on account of their contradictory character.

One set of reports intimates that the German counter-proposals have been found to harmonize with Mr. Bryan's plan of providing for a period of investigation in cases of international conflict, while other advices reproduce various American editorials, declaring that the German note is utterly unacceptable, and demanding that steps of varying degrees of aggressiveness be taken.

While waiting, the time is being utilized by some of the more aggressive German newspapers and writers of the type of Reventlow to launch abusive articles against the United States and President Wilson's policy, but the press and public generally seem desirous of avoiding anything which might increase the tension between the two Governments while the German note is under consideration. In this they are acting in complete accord with the Foreign Office, which apparently is sincerely anxious to preserve friendly relations with the United States and deprecates any publication which would tend to inflame the feelings either in Germany or America.

There seems to be no doubt that the Foreign Office would rejoice at a solution consistent with German interests, and it is considered here that one of the unfortunate features of the situation is the inability of the Foreign Office to cope with the chronic firebrands of the press.

_This complaint was followed by the news, published by The Chicago Herald on June 4, that a special arrangement had been effected by Ambassador Bernstorff in his conference with President Wilson on June 2, as follows:_

With the approval of the President of the United States, Count von Bernstorff, the German Ambassador in Washington, has sent a special agent to Berlin to discuss the American view of the Lusitania tragedy with the German Government.

The agent is Dr. Anton Meyer-Gerhard. He sailed today for Denmark. It is not believed that his voyage will be interfered with. Mr. Gerhard's connection with the great question between the United States and Germany has been guarded with the utmost secrecy. It leaked out only when inquiries were made regarding his departure in such a hurry. Mr. Gerhard himself could not be seen.

The suggestion that Mr. Gerhard go to Berlin was made by Count von Bernstorff to the President at the White House conference on Wednesday. The Ambassador described to the President the difficulties he experienced in transmitting information to his Government. He cannot use the cables, which are in the possession of the Allies. So far as wireless is concerned, conditions make it almost impossible to send anything but the briefest dispatches. As a result, Germany is not well informed in regard to the reasons controlling the policy of the Administration or the state of public sentiment. If his Government were adequately informed the Ambassador is confident that it would look at the demands of the United States in a different fashion.

The President apparently appreciated the view presented by the Ambassador. In any event, he authorized him to send an agent to Berlin, and it is presumed that thereupon he was apprised of the identity of the man selected. Count von Bernstorff vouched for Mr. Gerhard as thoroughly informed on the entire diplomatic situation as well as upon the condition of public sentiment. In addition, he is carrying full explanatory reports from the Ambassador himself.

[Dr. Meyer-Gerhard arrived in Berlin via Copenhagen on June 16 and reported at the German Colonial Office. While en route The Providence Journal and The New York Tribune published stories, varying in detail, to the effect that the United States Government had been hoaxed into obtaining safe conduct into Germany for a Dr. Alfred Meyer, reported to be a German buyer of munitions of war in this country, either under the name of Dr. Anton Meyer-Gerhard, falsely given, or under Meyer-Gerhard's protection. On receiving assurances to the contrary from Count von Bernstorff, Secretary Lansing announced on June 18 that the charge was false.]