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Show BRITISH OWNERS CLAIMTHEAPPAM United States Officer Sent Aboard to Serve Official Notice German Commander Com-mander Resists. DEPUTIES IN CHARGE Steamship Claimed Under Prussian Treaty Provisions as Interpreted by British Attorneys in Prize Cases. Washington, Feb. 19. Attorneys for the British owners of the liner Appam, In Hampton Roads as a prize of a German Ger-man crow, have brought an admiralty proceeding under the prize laws to re-Tain re-Tain possession of tho ship. The state department holds that under tho Prussian-American treaty the liner belongs to Germany as a prize, at least until a prize court passed on the legality of her capture The British embassy has contended tho ship should be returned to her owners under a provision of The Hague convention. Collector Hamilton at Newport News reported today to tho treasury department that a representative of the United States marshal's office had appeared there today with a federal court writ to serve on the Appam. The marshal had chartered a tug, Mr. Hamilton Ham-ilton said, and with about thirty deputies depu-ties on board left Norfolk to servo the writ. Collector Hamilton said he had made no attempt to stop him and received instructions from Assistant Treasurer Peters at Washington not to interfere inter-fere in any way. Mr. Hamilton did not know why the marshal needed so many deputies. It is considered probable that the case will be bitterly contested and that the supreme court will havo to flnallv pass upon It. Such proceedings proceed-ings might not bo settled for several years. Berg Opposes Officer. When Deputy West and his party reached tho Appam, Lleutonant Berg attempted to prevent tho posting of tho libel notice. Deputy West stated his mission and wa3 taken to Lieutenant Berg's quarters. quar-ters. The latter at once objected to proceedings. "If I had known you were the United Unit-ed States marshal," he said, "I would not havo allowed you aboard." Personal Process Served. The personal process was served and the deputy then started to tack the usual libel notico on the mast of the vessel. The German commander objected strenuously. - - - '7,The ship is in charge of Collector Hamilton," he said, "and you have no right here." Lieutenant Berg then left the Appam Ap-pam hurriedly and went to Newport News to telephone. When he returned return-ed Deputy West had tacked on the mast of "the ship the slip of white paper which certified that the Appam had been seized by order of the United Unit-ed States district court at Norfolk. Lieutenant Berg directed his men to tear It down. Deputy West commanded him not to touch tho notico and It remained on the mast. Deputy West left two watchmen In charge of the vessel and tho rest of th- party returned to Norfolk. Floyd Hughes, local counsel for the libellants, said all information concerning con-cerning the case should come from Mr Cludert In Now York, counsel for the Appam's owners. It is understood under-stood hero, however, that the libelants libel-ants base their case upon the provisions provi-sions of the Prussian-American treaty under which tho German government claims that In order to claim the benefit bene-fit of the neutral port the prize must have been convoyed In by a warship. This was not dono in tho case of the Appam. . Papers in the action upon which the Appam was seized were filed In the United States district court at Norfolk February' 18, but were withheld with-held from the public. Steamship Illegally Withheld. Tho owners allego "that the said steamship is wrongfully withheld from the libellants by one, Hans Berg, and other persons unknown to the libellants." n-v.v fnrMinr nllotrf that the Appam "on about the 16th of January was unlawfully seized by certain persons unknown to the libellants and thereafter there-after under compulsion forced to proceed pro-ceed with passengers, crew and cargo to Hampton Roads.' Collector Hamilton's report to Washington concerning tho departure of Deputy West with some thirty men was made on unofficial Information Tho deputy was accompanied by only four men. Mr. West, It Is said, did not confer with Collector Hamilton. Tne collector has protested against the alleged failure of the marshal to co-operate with the collector's office. Norfolk, Va., Feb. 19 Federal Judge Waddlll Issued tho usual libel process and the Appam was seized by a deputy dep-uty United States marshal who went to Newport News on a tug for the purpose. Two guards from tho office of tho United States district court were left in charge of the Appam. oo |