Following is the complaint on which he was held:
Raymond H. Sarfaty, being duly sworn, deposes and says that he is an Assistant United States Attorney for the Southern District of New York.
That on the 10th day of June, 1915, there was then and there pending before the Grand Jury of the United States in and for the Southern District of New York, a certain proceeding against one Paul Koenig, alias Stemler, and others, upon a charge of having conspired to defraud the United States, in violation of Section 37, U.S.C.C.; that on the said 10th day of June, 1915, the foreman of said Grand Jury, Frederick M. Delano, an officer duly empowered and qualified to administer oaths in the proceedings before said Grand Jury, duly administered an oath to the said Gustav Stahl, that he would testify to the truth, the whole truth, and nothing but the truth, with respect to the aforesaid matter then being presented before the said Grand Jury; that the said Gustav Stahl, at the time and place aforesaid, and within the district aforesaid, and within the jurisdiction of this court, after said oath was administered, knowingly and fraudulently committed perjury, and that he testified in part, in substance, and effect as follows:
That on the 30th day of April, 1915, the said Gustav Stahl went aboard the steamship Lusitania at the City of New York, in the Southern District of New York, with one Neal J. Leach; that while on said steamship he saw four guns on one of the decks of said steamship, two forward and two aft; that the said guns were mounted on wooden blocks; that the said guns were covered with leather.
That affiant is informed and believes, and therefore avers, that, whereas, in truth and in fact, the said Gustav Stahl did not, on the 30th day of April, 1915, go aboard the steamship Lusitania at the City of New York, in the Southern District of New York, with one Neal J. Leach, nor did he, the said Gustav Stahl, go aboard the steamship Lusitania on said last mentioned date; and the said Gustav Stahl did not see four guns on the deck of the said steamship, two forward and two aft, nor did he, the said Gustav Stahl, see four guns on the deck of said steamship mounted on wooden blocks; nor did he, the said Gustav Stahl, see four guns on the deck of said steamship covered with leather.
That the said matters testified to before the said Grand Jury by the said Gustav Stahl, as aforesaid, were material matters in the investigation aforesaid; against the peace of the United States and their dignity, and contrary to the form of the statute of the United States in such case made and provided.
That to disclose the source of affiant's information at this time might defeat the ends of justice.
Wherefore, affiant prays that said Gustav Stahl may be arrested and imprisoned, or bailed, as the case may be.
This complaint was read to Stahl when he was taken before Commissioner Houghton, being interpreted for him, sentence by sentence. When the name of Neal J. Leach was read as the alleged steward who had taken him aboard the Lusitania, Stahl exclaimed: "Not Neal." In his affidavit he had described the steward as "A. Leach." A steward named Neal J. Leach went down when the Lusitania was torpedoed.
When that part of the complaint was read which said that Stahl had not seen guns on the Lusitania, he exclaimed in German: