The Sunday Oregonian. (Portland, Ore.) 1881-current, August 01, 1915, Section One, Page 10, Image 10

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Second Stock-Selling Cam-
paign Announced in Letter
:; on Reorganization Plans.
Irmrr Secretary of State of Oregon
; Declare Nune W Vsd a
"Advisory Board" Without
Consent or Sotlf'icatlon.
: H. R. Kincald. of Eugene, ex-Seere-
' tnry of State of Oregon and resident
of the state for (2 years. -was one of
the Government' witnesses In the
tnlted States Cashier Company trlaJ
He turned out to have been another
member of the company fainoua "ad
visory board." He testlfled that be
, was appointed without notification, and
rthat his name was used In advertise
ments of the company without his per
mission. l
'. "Did you ever serve on the hoard,
questioned United States Attorney
Iteamea. ,
-I never did. but my name was used,
aid Mr. Kincald.
-Were you ever noticed of your ap
pointment? ..... .
-I was never notified, and I did not
, nave any voice In the affairs of the
company." replied Mr. Kincald.
On cross-examination. Attorney A. F .
TDobson for the defense Introduced a
letter written and signed by Mr. Kin
said to the company to show that be
knew of. bad accepted a place on the
board and was giving his advice to the
company. The attorney also produced
a carbon copy of a letter purporting to
fee to Mr Kincald from the company.
. -Ever get a lettter like thls? he
Velee la Maaagraaeat Denied.
Mr. Klncaid examined It closely. "No.
tr." said he wttb emphasis. "1 never
"Tou'ro sure of that? Tou are will
ins; to swear you never received that
'letter? peralstetd Mr. Dobson.
-I won't swear 1 never did. but I
will say that 1 am certain I never did:
and more, that I was never consulted
by the management of the company,
that only wanted to use my name."
In the absence of Hiram S. House,
expert accountant for the Government.
1'nited Mates Attorney Reames was not
able to put htm on the stand yester
day morning', preparatory to closing his
Mr. House was not In the courtroom
all day. but he bad a perfectly good
alibi. A nine-pound son was born to
his wife at the Rose City Hospital at
just about the time yesterday morning
that the I'nlted States Attorney was
expecting to call Mr. House to the
Both Mrs. House and the baby are
doing well.
Government's Case Isear End.
The United States Attorney said that
be hoped to finish his case by Monday
night. As court does not convene until
X o'clock Monday, this Indicates that
the Government's case Is practically
finished. Mr. House Is the principal
witness yet to be examined, and it Is
possible that cross-examination of his
, testimony may carry over Into Tuesday
More letters written by Frank Mene-
fee. president of the Cashier Company,
-were Introduced by United States At
torney Reames yesterday. One of them,
'written to Will Lanning. Aberdeen.
Wash.. January 4. 1911. said In part:
-I had a talk with Mr. MrLeod to
day Just before he left for Texas and
he seems well satisfied with every
thing and says whatever you and Mr.
Bilyeu fix up In the way of a con
tract wlU be satisfactory to him.
"I hope we will be able to get some
thing lixed up so the claim we are
making that the patents are paid -for
will be true."
Letter Intredaced la Evidence.
A long letter written from Indian
apolis, where Mr. Menefee had gone
to effect the reorganization of the
I'nlted States Cashier Company, by
Mr. Menefee to F. H. Gloyd. treasurer
of the Cashier Company. In Portland,
tinder date of December IS. 1914. was
read by the United States Attorney as
"-evidence that Mr. Menefee was plan
ning another stock selling campalsn
-along the same ltnes as those through
:whlch the Cashier Company was pro
. rooted.
Discussing the reorganization. Mr.
lilenefee suggested in part:
-That we organize a company, say
1 1.000.000. and that we take In full
-payment of all our claims, say IC00.00.
,Have It understood that I450.O0O of
.this Is to be placed In escrow and is not
to be considered salable or for sale In
-any way pending the financing of the
-Indianapolis Coroporatlon.
-The other llSO.OOe should then be
"placed In the bands of the Indlanapo
.Jis corporation for sale with the under,
standing that we would have, eay one
third, or all sales made, supplied out
'of our stock until such time as all of
It. or as much of It as we cared' to
.dispose of. should be sold. This would
Clve us clear of commissions more than
the amount of money we need and
leaving us owning approximately a
'one-half interest in the new company."
I Machinery Xeeeealty Treated.
' Of the necessity of having machinery
in place before beginning any exten
sive stock selling campaign, the letter
-In connection with this and as soon
a the contract is closed, we wouM
'hare to hurry the machinery here and
get It running as quickly as possioie.
It would not necessarily mean that
this machinery had to be here before
'we could do anything at all In the way
Tf obtaining money, but the money
.would be twice as easy to get nun
-ha iriarhlnerv here and In operation.
and when that time arrives, we would
then be able to interest large investors.
4 "In fact, we do not plan to make any
nmuim for the sale of stock In the
-itv until the machinery Is here and
-running, confining our efforts In the
meantime to the smaller Invesors In
the rural districts and small towns.
7 Enumerating the salesmen who would
id him in the campaign, their terri
tories covering Indiana. Ohio. Ocklabc
nu. Tennessee and Kentucky, and parts
of the South. Mr. Menefee spoke of
.leavlna- certain agents In their own
agency states If we can handle the
blue-sky business promptly.
T rroaoeltloa Termed "Clean Cut.'
- "In other words." the letter con
tinued, "if you people out there will
let me get squared here and go at it
Jn, the only way I reel I Know now xo
jlo It with any degree of certainty. I
.would be willing to stake my bead that
-res-ardless of financial conditions, times
"or anything else, the money will come
so fast It win surprise you an.
. -With the proposition lined up as
.above Indicated, it is absolutely a legi
timate clean-cut 'matter that could be
'put up to the most critical and not a
iole can be punched to it. and that is
.-why I want the directors to accede
to my wishes so as to make It sot
matter of chance, . but remove every
doubt." x
Referring to the known objections
of & M. Mears. then a director, who
had put a stop to the former stock-selling
operations of the United Slates
Cashier Company, to stock - selling
schemes. Mr. Menefee went on to say:
"Aa 1 have said, there Is not a chance
la the world to take in carrying this
through, as I bare outlined, and any
other way of getting at It la subject
to alt sorts of chances.
-I know Mr. Mears Is averse to stock
selling, and I know he will say at once
that 1 am getting back onto the same
old stock-selling proposition, but all I
have to say Is this:
"Speedy Campaign" Proposed.
-I know how to sell this stock, and.
given any sort of a chance and under
any sort of favorable. conditions, 1 can
wind up the whole affair of financing
before the first dsy of July, and it
would be my purpose to put on such a
speedy campaign that by that date and
long before It would all be over. In
this connection I want to call attention
to the fact that Griffiths has been hav
ing big guns on the string ail Sum
mer. ...
"Now. why not make up our minds
that the way to do this thing Is the
way we can do it. and commence to
make our arrangements to that end?
If this is done, as I have said, we can
within a very few days stop all ex
penses out there by turning the payroll
over to the new company.
"We will immediately get the money,
and It will keep coming and take care
of our obligations there that are most
pressing and reach the final taking
care of all obligations before the six
months' extension which our principal
creditors have given us.
"In other words, when we hold our
next June stockholders' meeting I am
perfectly satisfied that we shall be
able to report that the old company
does not owe a dollar, has money in
the treasury, soma assets still of great
value, besides its half. Interest in the
new manufacturing company. . . ."
Strew Pt Correspondence.
Especial stress was laid by the Gov
ernment on letters and telegrama be
tween Mr. Menefee and officers or
salesmen of the company relative to a
contract which It wa declared had
been closed with the St. Louis Car Com
pany to buy (006 lightning change
makers at $25 each for use la pay-as-you-enter
This contract, previous testimony baa
shown, was a big -puller" as a talking
point for stock salesmen, and was a
factor In many sales.
The Government showed by produc
ing the original contract that Instead
of being with the St. Louis Car Com
pany it was a personal contract with
George J. Kobuech. a director In the
company. In which he was made the
company's agent In the sale of the ma
chine. Furthermore, a clause In the contract
released him from having to carry out
Its conditions. If the machine did not
prove satisfactory.
Few Fall on Teachers' Test.
SALEM. Or, July 31. fSpeclal.)
State Superintendent of Public Instruc
tion Churchill today announced that
the percentage of failures at the re
cent examination for certificates to
teach school was less than 20 per
cent. About 100 tried the test.
Varieties to Be Exhibited on
September 23-25 Notable.
Amateur and Professional llorista
From All Over JforUmert Are
Preparing for Ills Event.
Cblldren Will Take Part.
Greater and superior varieties of en
tries and a. larger prize list will make
this year's annual National dahlia
show" notable.
Amateur and professional florists
from all over the Northwest are pre
paring for the event September 23, 24
and 2G. The exhibits wll be arranged,
on the sixth floor of the new Meier
Frank building. Fifty exhibits from
th cities on the Sound already hare
been promised, and other sections also
will enter.
All other Haven In bloom will have
a place, for the Portland Floral Soci
ety baa offered Its co-operation.
The officers of the National Dahlia
Society of America, who will be pres
ent are: President. Richard M. Buttle,
Seattle: secretary and manager, R..W.
Gill, Portland, Or.; treasurer, E. H.
White, Portland. Or.; vice-president.
W. C S. Spike. Tacoma; second vice
president. Mrs. J. King. Everett. Wash.;
Mrs. Sidney. Belllngham. Wash, and
superintendent of the Juvenile depart
ment. Mrs. R- A. Small. Everett. Wash.
All entries In the amateur class will
be Judged on a percentage basis, con
sidering perfection, sise. length and
stability of stems and arrangement and
Label Errors Will Disqualify.
Flowers will be tagged with a card
bearing the entrant's number and the
entry number. Error In "labeling will
disqualify the exhibitor and all decis
ions of the executive committee shall
be final. Seedlings may be entered by
number only and merit ribbons will be
The amateur department will in
clude table designs, basket, bowl and
vase designs. A cactus dahlia division
with several departments, af various
shades and colors, will be the largest
division. Collarette and seedling dahl
ias will Include almost every grsde and
variety of all the principal colors. Sec
tion I. of the amateur department, will
have gladioli, asters and a miscellane
ous department, with almost every
flower then In bloom Included.
Children to Enter Exhibit.
The semi-professional department
will Include a Juvenile department,
with prizes offered to the best school
display outside of Portland, and a gen
eral display by any class or school in
Portland. There Is also a division for
boys and girls under 1( years.
The commercial department will In
clude table, basket and bowl designs
of all dahlia varieties, and In these
foliage and small mixing flowers will
be permitted. For "flat displays" 60
per cent will be given for perfection
of bloom. 25 per cent for size and 15
for general arrangement and effect.
There will be a novelty display of 12
flowers in three to six varieties. A
grand sweepstakes prize will be given
to the winners of most first prizes on
dahlias, in this department.
Club to Be Busy With Preparations
Until Opening; In September.
GOLD HILL. Or.. July SI. (Spe
cial.) From now until the Third. An
nual Gold Hill Industrial Fair, which
takes place September 17 and IS, the
Greater Gold Hill Club will devote lt
eelf largelV "to the planning and pre-
Openlng day is to be given over to re
ceiving and classifying tne cispiays oi
ranch and farm produce, and the dis
plays, of craftwork and gardening of
fered by the pupils of districts associ
ated in the school fair. Amusement
features for the second day will be
novel and entertaining.
President Reed, of the Greater Gold
Hill Club, has asked that all business
men. citizens generally and ranchers
unite in promoting the fair.
"Boys" Need Apparatus to Harvest
Crops on Farm.
"Mother" Lawrence, in charge of the
Plsgah Home, and her "boys", are al
most ready to harvest some of the
crops from the garden on their farm,
but their wagon and harness have
given out and gone to pieces at this
critical moment.
Last Spring generous people donated
SO sacks of seed potatoes to the home,
and now "Mother" Lawrence is trying
to find someone who has an old one
horse wagon or a set of harness, or
both, that can be turned over to the
l'lsgah Home to be used at this time.
A wheel chair also is needed for one
of the patients, who Is an Invalid.
Council to Consider St. Johns Bill.
Another of the unpaid bills of the
City of St. Johns will come up for'con
sideration at the regular meeting of
the City Council Wednesday. The bill,
which amounts to about 32000. is for
tne city arc lights in St. Johns since
March. St. Johns did not become a
part of the City of Portland until July
rentage of the obligation was due be-
rore tnai time.
Postal Cable Reduces Wire Rates.
NEW YORK. July SI. (Special.)
Charles C Adams, vice-president of the
Postal Telegraph Cable Company, In
charge of the traffic department, says
that- on Monday, August 2, that com
pany will make a 50 per cent reduc
tion In its leased wire rate to the press
at night throughout the country.
Armed Opposition of People, Contrary to Geneva Convention, Declared to Have Justified Stern Repression.
Captives Treated as Murderers, but Legal Forma Preserved Unless Military Necessity Compelled Contrary Course.
(Copyrteht. litS. by the Chlcaso Trtbun
Published by arrentsm.nt.)
The Tribune" baa received Ironi Its
war correspondent la Oermanjr, James
ODonn.Il Bennett, the text of the Mer
lin government's reply to the linaincs
of l'ord Mnrce s B.tsi.n atrocity com
minion. It la the first copy of the
document to reach the United Mates.
the B-Is'en. of a National War Con
trary to International La. ' The Ojr
in7 forelm office 1 responsible, for
this formidable document of 332 ,uo
pases, or an amount of matter sufficient
t" fill. If reproduced verbatim. 140 of
The Tribune s" columns.
-The Tribune" submitted the docu
ment to a German i scholar jt d,n"'."
man of American .WJ "
redenls with the requert that he mt"
" fair nl comprehensive digest et it.
This dlsest is published herewith.
THIS ornclal uerrasn
clearly arranged: It U divided Into
five neatly separated rubrlca
. hl. the real gist of the
-. i . " . -
WOrk comes a generalised pronounce
ment of the German poini oi
.. h Relarlana aulte Invariably
sinned against the rules or tne
convention of July . 10. by carry
lnsr on a deliberately planned guerrilla
warfare. . .
This first part or tae uerman "'";
reply Is translated fully below and
therefore deserves no other comment
than to have Its simple earnestness
n.. i - . i. , 1 ft nssrea of indi
vidual depositions follow this first part
the sworn . and officially recorded
statements or regimeniau
before a variety of German tribunals.
civil, criminal, and military.
These long pas f buttressing ma
terial thene sheaves of circumstantial
evidence, may well fall to convince him
whose mind Is unalterably prejudiced
to the contrary viewpoint: but they
cannot persuade the sincere observer
thst the witness for the defense Is
speaking aught but what seems to hlra
the sscred and lnvlolete truth.
So much for the first part of the Ger
man official report- The four other sec
tions contain an anthology of t"-e best
of the depositions which make for the
causa of Teutonio innocence while its
Interminable armies were pouring
through Belgium. They are variously
entitled: "Belgian Insurrection In Aer
sehot, August If and JO. 1914"; ' 3el-
i i....h.iUii In Antnn lutust
20, 1914": -Belgian Riot In Dinant, from
Auguat Zl to is. nil, ana iiu in
surrection In Lowen, from August 21
to 3S. 114."
Each one of these four rubrics is pre
ceded by a "comprehensive survey" of
the Issues Involved then come the long
and patient records of the experiences
of eyewitnesses military men of every
ace and station, from the lowest to the
highest. And these records are with
out exception testimony of soldiers un
der oath, uttered before a distinct de
partment of tho German Ministry of
Wax "the military commission for the
investigation of infractiona of martial
Inspelllaa- Tragedy Iteeited.
To the American commoner who
knows not the polite and engaging eti
quette that governa war this carefully
plotted German official reply presents
a, pedantic appearance. It would seem
a doctoral thesis by which some Teu
tonio scholar would fain grasp his de
gree In philosophy. So calm and philo
logical Is Its argument, so overwhelm
ing Its evidence!
ptd we but change the- year date
from 1914 to 1870, did we but substi
tute on the title page of this official
German reply the word , "French" for
"Belgians" why. then its author might
wall hope to secure at least an assist
ant professorship In modern history at
Harvard or Chicago!
But the year date 1914 remains, and
so this dull accumulation of common
place facts, we are suddenly reminded.
Is no drab narrative of forgotten or
forgettable Incident, but rather the re
cital of recent and bloody and all
compelling tragedy.
One who comes fresh from the read
ing of this turgid official document
feels that Germany bas established the
truth of each separate detail which it
I llivmpti w o" " - . . . - - - --
If acts, which neutral minds may. well
feel to be the salient ones, no mention
Is made even by Implication anywhere
in the great book:
1. What were German troops doing
on Belgian soil?
. 1. On Belgian soli was it needful for
a civilian population to observe toward
German troops the findings of a
Geneva convention or of a Hague con
ference? Disparity la Viewpoint Showing.
Whatever else it shows, the official
report of the foreign department of, the
German government indicates lucidly
the disparity in viewpoint which at the
present moment is cleaving asunder
the sovereign states of Europe.
. Enough! Let the efficient German
document speak for itself.' But I won
der if history aa red as this will ever
again find" its pronouncement In so
naive a tone. The following para
graphs are a translation of the intro
ductory statement of the German For
eign Office:
"Right on the ieels of the outbreak
of the present war a turbulent insur
rection broke forth in Belgium against
the German troops. This was In fla
grant violation of international law
and brought the heaviest penalties on
the Belgian land and people.
"This struggle on the part of a mob
which was Inflamed by the most savage-
passions raged during the whole
advance of the German army through
"When the Belgian army after obsti
nate resistance finally gave way be
fore the German troops the Belgian
civilian population in the as yet unoc
cupied parts of the country sought by
every possible means to retard . t'.ie
German advance. Nor did these civil
ians, even In localities which had been
long occupied by German troops, hesi
tate to harm and weaken the German
military power through cowardlly and
perfidious attacks.
"The extent of this armed opposi
tion by the people Is easily seen on an
Inclosed synoptical map whic'a notes in
the main the positions of the German
advance Jines and -the Belgian towns In
which the national Insurrection, raged.
On these routes of march and in these
towns the struggles against the Ger
man troops were participated In by tlie
Belgian civilian population of every
condition, and age and of both sexes.
Conflicts Marked by Pnry.
"These conflicts showed the greatest
bitterness and fury. An overwhelming
mass of evidence is at hand to estab
lish the proof of this, material gained
from official investigations, especially
based upon sworn testimony before a
court or upon reports received from the
front. A selection from this material
Is presented in five appendices and
embraces only the more Important oc
currences, but this evidence csn at any
time be increased by further examples.
"According to this appended mate
rial, the' Belgian civilian population
fought against the German troops in
numerous towns in the provinces of
Luttich, Luxemburg, Namur. Hennegau.
Brabant. East Flanders and West Flan
ders. Fifty-seven depositions and re
ports attest these facts.
"The battles took on an especially
horrifying character In Aerschot. An
denne, EHnant and Lowen. Especial
reports on these have been gathered
and sent In by the military commission
for the Investigation of infractions of
martial law which was formed by the
ministry of war. One hundred and
forty-five separate examinations are
contained in the four appendices which
follow the findings of the commission
concerning the four a'uove-mentloned
"In these struggles men of the most
various classes participated workmen,
manufacturers, physicians, teachers,
even clergymen. Women and children
were seised with weapons In their
hands IS depositions attest this fact.
'German troops were shot at In dis
tricts from which the Belgian regular
army had long since retreated. These
shots came from houses and gardens,
from rooftops and cellars, from fields
and woods.
"In these battles materials were used
which would surely not hava been em
ployed by regular troops, great masses
of fowling pieces and bunting ammuni
tion were discovered, and all sorts of
worn-out revolvers and pistols. Seven
teen depositions attest this fact. In ac
cordance with this situation, the
wounds received from small shot and
from scalding hot tar and boiling wa
ter were numerous. Nine depositions
attest this.
"After all is said and done, there Is
no doubt that In Belgium the insurrec
tion was carried on not' only by indi
vidual civilians, but by great masses
of the population.
"The waging of war by the Belgian
civilian population was entirely Incom
patible with .the universally recognized
rules of International law, as they have
found expression in articles 1 and 2 of
The Hague conference, which was
adopted by Belgium. These rules dif
ferentiate between organised and un
organized national war.
"In organized national war (Article
1) militia and volunteer corps In order
to be recognized as In a state of war
must subscribe to the following four
conditions: (1) They must have a re
sponsible leader at their head: (2) they
must wear definite lnsignla.'Vhick can
be recognized from a distance; (3) they
must carry weapons openly; and (4)
they must observe the laws and usages
of war.
Two Conditions A'on-Existent.
"Unorganized national war dispenses
with the first two above conditions
(Article SI), and does not require re
sponsible leaders or military Insignia,
but instead it is bound by two other
assumptions: (1) It can be waged only
in territory not yet occupied by the
enemy: and (2) there can nave Deen
no time for the organization of the
"The two conditions which' are espe
cially laid down for organized national
war were undoubtedly non-existent
among the Belgian volunteers. For,
according to the concurrent dispatches
of German military beaduarters, the
civilians engaged In battle, had at
their head no responsible leader and
wore no sort of'military insignia.
"Thirteen depositions attest thls-l
fact. Therefore, the Belgian Insurgents
cannot be regarded as organized mil
itia or as volunteer corps. Concerning
this point it Is of no importance that
the insurgents- enterprises were ap
Darentlv participated In by Belgian
military men and members of the
Belgian municipal guard. For these
persons, likewise, wore no military In
signia and mingled In civilian dress
with the fighting Durgers seven depo.
sltlons attest this fact. Therefore, the
rights of persons in a state of war can
be accorded them aa little aa they can
to others.
"The whole Belgian national war
consequently msy be judged only from
the viewpoint of an unorganized armed
resistance. But as such opposition is
permissible only in unoccupied terri
tory. It was beyond any doubt contrary
to international law in all the towns
which were already in the possession
of the Germans, especially, in Aerschot,
Andenne and Lowen. But unorganized
national war was not even permissible
In the places as yet unoccupied by Ger
man troops, above all In Dinant and
Its environs, because the Belgian gov
ernment had bad amply sufficient time
for an organization of national war
conforming to international law.
Belarlnm Prepared for War.
"For years the Belgian. government
has been counting on becoming en
tangled In the military situation the
moment that a Franco-German war
should arise. It has been proved that
preparations for Belgian mobilization
were under way at least a week before
the entry of the German army.
"The government was, therefore,
fully competent to provide Its civilian
population, so far as. It cared to call
upon lt. with military insignia. The
government had time to arrange for
responsible leaders. When the Belgian
government asserted in a communica
tion which reached the German gov
ernment through she mediation of a
neutral power thst it had taken the
necessary precaution in this regard.
lake Me An Offer
For Cash or on Reasonable
Time Payments
I will give two years or longer if necessary
for the mere additional simple interest. I
will consider any half-way decent offer from
private buyers or from dealers to sell again.
Greatest Opportunity Ever Offered to
Furniture Dealers
Drug Stores
Insurance Agencies, etc.,; etc.
to secure any or all of the
Player Pianos
Baby Grands
Music Rolls
Stools '
Benches, etc, etc.
What Will You Give for
Typewriters - ,
Beautiful Rugs
and any other of the furnishings arid
fixtures in this beautiful establishment ?
Everything is for sale.
No reasonable offer refused.
C. W. Houseman,
In Charge of Player Piano House in the
Interests of the Holders of Preferred Stock.
333 Morrison Street
Northwestern Bank Building
Just Below (East of) Broadway
If you do not get a piano now,
' I don't see how you'll ever own
one. C. W. Houseman.
what does this show bet that It could
have satisfied the conditions referred
to above? At any rate, the precau
tions were not carried out in any ter
ritory through which "the German
troops marched.
"Not only, however, did the pre
sumptions for an Internationally law
ful unorganized war fall to exist In
Belgium but this war was waged in a
fashion which in. Itself was sufficient
to place Its participants beyond the
pale of martial law. For the Belgian
volunteers made a practice of not
carrying their weapons openly and
throughout paid no attention to the
laws and usages of war.
"It has been made clear by Irrefuta
ble testimony that in a whole series of
instances German troops were received
with apparent cordiality by the Bel
gian civilian population, when the
troops were entering a town. Later,
when darkness had set In or the mo
ment was otherwise, favorable, Ger
man soldiers were surprised by an
armed attack.
Murders by Bellgans Charged.
"Such cases occurred, for example. In
Belgny, Esneux, Grand Rosiere, Bievre,
Bouvy, Vlllers devant Orval. Salnte
Marie. Les Bulles. Tschippe. Acoz.
Aerschot. Andenne and Lowen. More
than 60 depositions attest this fact. All
such surprise attacks transgress the
provision of international law that
weapons be carried openly.
"The greatest stigma, however, which
attaches itself to the Belgian popula
tion, is that of violating the usages of
war in the most unheard of way. In
different places, for example, in Lut
tich, Herve, Brussels, Aerschot, Dinant.
Lowen. Germans have been shot down
from behind and murdered. Sixteen
depositions attest this fact. Such mur
ders violate the prohibition governing
the 'assassination or wounding of per
sons belonging to a hostile nation or
army.' (Hague Conference, article Zi,
paragraph lb.)
Further the Belgian population did
not respect the badge of the Red Cross
and thus violated article 9 of the Ge
neva convention of July 6. 1906. Par
ticularly the population did not shrink
from shooting at German troops, using
the protection of this badge, nor from
attacking hospitals In which the
wounded were being cared for. nor
from harming the medical staff, hen
It was in the perfomance of its duty.
Thirty depositions attest this fact.
"Finally It has been determined, be
yond the shadow of a doubt, that Ger
man wounded were plundered and
killed, even frightfully maimed and
mutilated. Women and young gins
took part In such 'amouK8 -crltms;
German wounded soldiers had their
eyes put out. their ears noses, t nger
ends and genitals cut off. were disem
boweled Seventeen depositions attest
this fact. . .
"In other cases German wounded sol
diers were poisoned, hanged to trees,
drenched with burning
wise burned to death, so that they Buf
fered an excrutiating end. Twelve de
positions attest this fact.
"This bestial behavior on the part.of
the population Is a blow in the face, not
alone to the express engagement of the
Geneva convention Article t- para
graph 1). regarding :conside"""
care' of the sick and wounded but a
blow as well to the first principles of
martial law and of humanity.
"Under circumstances such as these
the Belgian civilian population which
took part in battle, could, of course,
lay no claim to treatment befitting per
son, in a state of war. Rather was it
unqualifiedly necessary. In the Inter
est of the self-preservation of th,e Ger
man army, to adopt the strictest meas
ures with these insurgents.
"Persons who confronted the Ger
man troops in battle must, therefore,
be cut down: captives were not to be
treated according to martial law like
prisoners of war, but according to mar
tial nsage. like murderers.
"Nevertheless, whenever military ne
cessity did not dictate the contrary,
the forms of legal procedure were pre
served. Prisoners, If the circumstances
In any degree permitted, were not shot
until after due trial or sentence by a
military court. Ten depositions attest
this fact.
"Old men. women, and children, even
such as were under strong suspicion,
were to the greatest possible extent
spared. Eleven depositions attest this
Conquerors Are Self-Sacrlf icing.
"What la more, -German soldiers often
cared for women and children in the
most self-sacrificing way. whenever It
was possible to do so they took the
endangered and helpless ones under
their protection, even when their pa
tience was put to an extraordinarily
hard test through the malicious attacks
of the population.
They shared their bread with the
sick and the weak and brought the
latter to places where they would re
ceive care. Fourteen depositions attest
.this fact.
"There Is no doubt but that the Bel
gian government was grieviously to
blame for the attitude of the popula
tion towards the German army. For.
aside from the fact that a government
is under all circumstances responsible
for such acts as represent the universal
expression t the national will, the Bel
gian government must bear the added
heavy reproach of not stopping this
guerilla warfare when It could have
done so. Seven depositions attest this
"It surely would have been an easy
thing for Belgium to give the necessary
Instructions to her public Instruments,
such as the burgomasters, the soldiers,
and members of the municipal guard.
In order to restrain the passionate
emotions of the people which had been
artlfically fanned into flame. So full
responsibility for the enormous blood
guiltiness which weighs upon Belgium
must be borne by the Belgian govern
ment. "This government has made the at
tempt to divest itself of such responsi
bility by attributing the blame for
events to the destructive rage of the
German troops who quite without rea
son were supposed to have committed
deeds of violence. The Belgian govern
ment had a commission appointed to
investigate the atrocities which pre
tendedly had been committed by the
German troops and had made the find
ings of this commission a matter for
diplomatic complaints.
Defensive Battle Made Compulsory.
"This attempt to twist, the facts In
the case Into the exact opposite of the
truth has utterly failed. The German
army is accustomed to make war on
hostile armies, not on peaceful inhabi
tants. The Irrefragable fact that from
the first a defensive battle was forced
upon the German troops In Belgium as
a matter of their self-preservation can
not be refuted by any investigations of
any commission whatsoever.
"The stories of the Belgian commis
sion patched together from the narra
tives of fugitives are labeled toe prod
uct of painstaking, impartial investi
gations. They bear the stamp of in
credibility, if not of malevolent distor
tion. Because of the condition of af
fairs the commission Is in nowise able
to prove the correctness of the rumors
presented to it and to grasp the con
nection of events. Their accusations
against the German army are, there
fore, nothing more than vulgar slan
ders which without further effort will
be Invalidated by the documentary
evidence now at hand.
"In Aerschot the battle of the Ger
man troops with the Belgian civilian
population did not arise, as the Bel
gians hint, because German officers be
smirched the family honor of the Bur
gomaster. The battle began because
the population ventured a thoroughly
planned surprise attack on the com
mander-in-chief at Aerschot and mur
dered him from behind.
"In Dinant it was not innocent,
peaceable citizens who fell victims to
German swords, but murderers who
had treacherously waylaid German sol
diers and thus compelled the troops to
fight a battle that annihilated the city.
"InLowen the battle wtih the civil
ian population did not break out be
cause fleeing German troops through
mistake became engaged with t'jelr
comrades who were entering the town.
The fight sprang up because a blinded
population misjudged the occasion and
thought that without danger to them
selves they could mow down the re
turning German troops.
"The torch was applied in Lowen and
in other Belgian cities only when bitter
necessity demanded it. The plan of the
destruction of Lowen. which appears In
this official report, shows clearly that
the troops contented themselves wtih
razing only those sections of the city
where the Inhabitants treacherously
and with murderous intent -made .their
"What is more, it was German troops
who took care to save in so far as pos
sible the rare art treasures not alone
of Lowen, but of other cities. An espe
cial commission of Germans has deter
mined in how great degree the works
of art In Belgium were preserved by
German troops.
"The imperial German government
believes that by tho publication of the
present material it has convincingly
shown that the measures which the
German troops adopted against the Bel.
gian civilian population were called
forth by a guerilla warfare which de
fied International law and were de
manded by the necessity of war.
"On the other hand, the imperial
German government enters an emphat
ic and solemn protest against a popu
lation which waged a dishonorable war
by the most contemptible means
against the German soldiers.
"An emphatic protest, too, must lie
against a government which complete
ly misconstrued its duties which gave
free rein to the insane passions of its
people, and which now does not shrink
from throwing off its own heavy guilt
by meretricious abuse of the German
Because of the demands of space it is
not possible to present here selected
specimens of the depositions and court
testimony which everywhere buttress
and make clear the claims of the fore
going statement of the German gov
ernment. Nor would such selected specimens
fulfill any particular purpose. For it
Is in the enormous amount of testi
mony, the dull reiteration by many
different witnesses of the same par
ticular fact that the convincing weight
of the evidence lies.
1, 2,3
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