TRIAL ENDS.

Auckland Star, Volume LXIV, Issue 91, 19 April 1933, Page 7

TRIAL ENDS.

GAOL FOR BRITONS.

MOSCOW SENTENCES.

Thornton and Mac Donald Given Three and Two Years.

OTHERS TO BE DEPORTED,

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

(Received 11.30 a.m.) LONDON, April 18,

There were no death sentences in the trial at Moscow of four Britishers, employees of Metropolitan Yickers, Ltd., and 12 Russians on charges of alleged sabotage, espionage and ■bribery. Sentences were passed as follows: —

Mr. W. H. Thornton, three years,

Mr. William Mac Donald, two years,

Messrs. Cushny, Nordwall and Monkhouse to be deported within three days. Mr. Gregory, acquitted. The Russian accused were sentenced as follows: — .

Madame Kutusova, 18 months. Gusev, Lob'anov, and Sukharoutchkin, 10 years.

Sokolov, Zorin, and Kotlyarevsky, eight years. Kraschcnninikov, five years. Oleinik, three years. Lebedev, two years. Siebert was acquitted.

The Court was packed with an excited throng on resumption to-day. M. Ilya Braude, who has been defending counsel in many Soviet trials, said that any bribes that Mr. Thornton had foolishly civen for economic information were not espionage. He spoke for 45 minutes, but was generally unconvincing.

On the other hand M. DaTmatovsky, defending Mr. Gregory and Mr. Nordwall, immediately made good points. He said: "Lobanov, Oleinik and Mr. Thornton have given evidence against Mr. Nordwall, but the prosecutor called them abject, immoral types, so their evidence is discredited as worthless." He demanded Mr. Nordwall's' acquittal. Counsel's plea, in which he emphasised Mr. Nordwall's attachment to his Russian wife and his family life, and also his pro-Bolshevist sympathies, strengthened his client's prospects.

Counsel decided that it was unnecessary to plead for Mr. Gregory, whose release was regarded as certain.

Mr. Cushny's counsel, M. Lidoff, declared that there were not sufficient documents to incriminate the prisoner. Moreover, the charges were based partly on the breakdown at Baku in 1928, on ■which testimony was only' now forthcoming. Mr. Cushny was alleged to be guilty of bribery because he lent small sums to workers, who sometimes failed to repay him. -

coming. Mr. Cushny was alleged to be guilty of bribery because he lent small sums to workers, who sometimes failed to repay him. Mr. Cushny had received political economic and not military information. Ho was interested in everything Russian, but not from the spy's viewpoint. Case for Mr. Monkhouse. M. Komodov, defending Mr. Monklouse, opened unconvincingly like M. Braude, causing Mr. Monkhouse to frown, his lined, careworn face expressing profound pessimism." His counsel uid that though long residence in Russia had formed a bond between Mr. Thornton and Mr. Monkhouse,. the evidence showed, that Mr. Thornton did not tell Mr. Monkhouse all about his activities. Mr. Monkhouse could not have been the central figure of the group, as the prosecution alleged, because Sokolov and Mr. Mac Donald did not name him, though they implicated Mr. Thornton.

M. Komodov pleaded with the judges not to confuse Mr. Monkhouse with Mr. -Thornton, who himself was clearly the central figure and had attempted to implicate Mr. Monkhouse.

11. Komodov's omission to ask the judges to acquit Mr. Monkhouse and his failure to mention Mr. Monkhouse's sensational charge that the trial waß a "frame-up" caused surprise. Prisoners Address Court. At the conclusion of counsel's speeches, the prisoners were permitted to address the Court. Mr. Cushny said: "My counsel has torn to shreds the accusations against me. Whatever the verdict is I shall leave the Court an honest man." » Mr. Mac Donald, speaking ia a djill monotone, said: "I have acknowledged my guilt. I have nothing to add." Mr. Nordwall said: "It is painful to hear the remarks of the prosecutor. I always did my work honestly and did all I could to help tho Soviet. The Ogpu treated me fairly and the trial has been most fair, but I am not guilty and will remain a friend of the Soviet Union."

Mr. Thornton said: "I pleaded not guilty at the beginning of the trial and I still do so. The evidence against me has been unreliable. That is all."

Mr. Monkhouse said: "I am absolutely innocent and I am certain that Mr. Thornton did not voluntarily sign a confession implicating me in spying. Ido not believe that the documents produced would hold good in any. Court abroad. Regarding wrecking, I never knew a mother to plunge a dagger into the heart of her child. I have never bribed and never will. The Ogpu found no bribe in the firm's books."

Mr. Gregory declared his innocence.

All the Russians, including Madame Kutusova and Sokolov, pleaded guilty.

Inhibitions Upon Counsel. The judges then retired to consider their verdict.

Those with experience in British Courts ruefully reflect on how a first* **te British lawyer would have annihilated the prosecution's case and have devoted the whole day, not 45 minutes, to tearing tho Ogpu to shreds. The obvious inhibitions upon the Russian counsel and the Soviet's different conception 'of their duties and -liberties remain the most unconvincing aspect of .the trial.

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