NOT GUILTY.

Auckland Star, Volume LXIV, Issue 74, 29 March 1933, Page 7

NOT GUILTY.

ON THREE CHARGES.

Army Court-martial Verdict in

Baillie-Stewart Case.

SEVEN ISSUES WITHHELD.

(United P.A.-Electric Telegraph-Copyright.)

(Received 10 a.m.)

LONDON, March 23.

The Judge Advocate, Mr. Patrick Graeme, summing up in the courtmartial of Lieutenant Baillie-Stewart, Seaforth Highlanders, advised the Court to find accused not guilty on the three charges, namely, attempting to collect, attempting to obtain, and attempting to communicate certain information. Therefore, they must try him on the charges of collecting, obtaining and communicating such information.

Mr. Graeme added that the prosecution had called no witness who could give direct information on the subject of the inquiry, and the Court was compelled to rely on circumstantial evidence.

Continuing, the Judge Advocate said that without the letters the Court would probably hesitate before deciding that the three visits accused paid to Holland to meet "Marie Louise," entailed treachery, but still the phraseology of the letters was wholly unreal, and Stewart had described them as a subterfuge to hide a discreditable association.

The prosecution contended that they contained a reward for an ignominy, and therefore were the key to the whole case. Mr. Graeme explained, however, that conviction was impossible if information was accidentally or indiscreetly divulged. Treacherous intent must be established. Similarly, the Court must be convinced regarding the charge that Stewart collected information for a purpose prejudicial to the State.

The Court was absent for 2-J hours and returned a verdict in accordance with the Judge Advocate's recommendation, finding Stewart not guilty of the three charges. The findings on the remaining seven will be promulgated after reference to higher authorities.

The accused was pale and anxious, but stood erect while Major-General Dugan, president, read the decision, then ho saluted smartly and was removed from tho building in custody.