THE GAUDIN CASE.

Dominion, Volume 8, Issue 2363, 20 January 1915, Page 5

THE GAUDIN CASE.

—_* —_- . I MINUTES OF THE EVIDENCE CHARGES UNREFUTED 6 PLEA OF "GOOD NATURE" ti .. — ~ L ~ v 'A transcript of the evidence tendered t at the court-martial trial of Frederlok t: Ernest Norman Gaudin wqb made avail- t ( able to a representative of The Dominion yesterday by the Minister of De- \ fence (the Hon. James Allan). In re- \ spect of one of the charges preferred a against • Gaudin—that of taking speoie t out of Samoa in contravention of Gov- fi lernmout regulations—it should be ex- a plained that promptly on the occupa- 1< won of German Samoa, German specie o wont out of circulation, the only our- i renov being Gorman paper money. It i is the hope of all British people that i German Samoa may become British a territory at the end of the war, and in & that event German paper money will « bo worthloss. In view of this possibility, German notes have depreciated, ae- £ cording to the immutable law of eco- s nomios regarding bad money, and specie i of all sorts is hoarded. Our New Zea- < land forces are paid in English gold, i and they put it into circulation. If . traders or other persona are allowed to « take gold from the Island, the result I wiJJ be that at the end of the war the « soldiers and the other population will > tad themselves in possession of Worth- ( less paper, while the gold they have » earned has gone to pay outside credi- < tors, possibly the creditors of the Germans. the Charges. I Two charges were preforred against the acoused. The first was that he did commit an act of war treason in carrying on board the e.s. Naviia— . ■ (1) A large amount of corresixuidence from subjects of, the enemy" to several prisoners of War, thereby assisting the said subjects in evading the censorship of letters. (2) Photographs of the wireless station, addressed to Messrs. Wilson and ' Horton, photographic editors of . the ' Auokland Weekly Herald," presumably intended for publication, thereby evading the censorship. , (3) A number of pages of-manuscript intended for publication in the "Auckland Weekly News" or other paper, thereby evading the censorship. The second charge was that-in disobedience of Government regulations he removed from the occupied territories a considerable amount of coin, contrary to proclamation No. 31, of September 12, 1914. ' ; . To the first charge he pleaded not guilty, to the second guilty.- He Was found guilty on' both oharges. The Evidence. Colonel Logan. Administrator and Commander of the Forces, stated that the censorship had been in force since the arrival of the troops in Samoa. Captain Loftus Tottenham that the proclamation prohibiting the exportation of coin was issued prior to the departure of accused from Apia. Accused did not inform witness that he was a military officer. A, J. Tattersall stated that on or about October 80, 1914, he handed certain photographs of Samoa to aooused for transmission to New Zealand for the "Auokland Herald" office. Accused made no inquiry whatever as'to what the packets contained. Cross-examined by accused: You handed me the packet from a trap on the road. Witness: Yes. Accused: I had no conversation with you prior to that regarding it. Witness: No. : • Accused: It was simply a piece of good nature on my part? Witness: It was. Cross-examined by the prosecutor, witness said this was at 6 p.m., and the mail closed the following morning. The ship sailed in the evening following. K. Ha'nssen, manager'of the German firm at Apia, said: "I had business with the accused. Apart from business I am on friendly terms with him.- Ho was livina with me prior to his departure from Apia, as is the custom _ol members of his firm who visit Apia. Accused neither writes nor reads the German language. On or about Ootober 30, I handed my clerk certain letters, amongst which was one for the late Governor, Dr. Schulta, at present a. prisoner of war in New Zealand. There were some for Kronfeldt, Auokland, and some for.A. Ohio and HellThey are all German subjects. The letters were all written in the German Language. The letters for them contained only information regarding business transactions with the firm. , Cross-examined, witness" said he believed Kronfeldt was a naturalised British subject. •» S. Klinkmuller said he gave accused one letter to Mr. Marz. secretary .to late Governor Schultz. This Jotter was in German oharaoter. Accused did not know the contents of the _ letter, but witness informed him that it fcontained nothing that would get him into trouble in passing the censor, He, • thought he said in passing the cen< sor, but he may have said "in passing the authorities.*' It was in the morning he gave accused the letter. He had no particular reason for handing the letter to him. Cross-examined by accused witness said no payment was given accused for . taking tlie letter. ' l Accused: It was simply out of good l nature that I took it'. . - Witness: Yes. 'Accused: When 1 took the letter you assured me that there was nothing in M to bring me into trouble. ' Witness: Yes. G. E. L. Westbrook said he gave accused some correspondence to take to New Sealand for publication in some Auckland paper, A previous copy of this hod been posted, but had not reached its destination. He thought ft might have been censored. E. T. Reye said he gave aooused £20, 3 rather more than half of which was in - gold. At the time both English and i German gold was scaroe in Apia. Tho money was for a Ward of witness's, and a nephew of Kronfeldt's, ■ > W. Holzeit, manager of Krause and - Preuse, Apia, said his firm owed ao- - firm about £400, and he paid - accused about £103 in English gold i on October 29. He paid him pjold because he demandod it. This closed the oase for tfhe prosecution. . Tho Defence* Frederiok Edward Norman Gaudin (the accused) said: You have heard evidence of how I came into possession of . these letters. Nearly all the cdrres- ) pondence I received here was in the I way of business. Ohr firm, as-you know, does extensive business in Samoa not only with the Germans, but with' the British and other nationalities. I Was , here for business purposes. I went ' round on. the date of the departure- and • collected various orders for goods from tho people on the beach. In this way, of course, ft IM-ge amount of correspondence fell into my hands. I have t»ot to plead ignorance of the fact that I was committing an act of treason, ! but there was no concealment. I went ; on board with the letter's and made 1 no attempt to cover them, and oh be- ! iiiff arrested at. Auckland I .immediately • pave tkm up. I do not deliy that 1 > lind letters for prisoners of Mt. If -I have committed ilii Act of indiscretion ' I deeply regret it. • ■ '■ I Evidence as to accused's good, cftari acter was given by Mr. M. M'Callum i and Major Kay. K A* already, rewrt&WMSffiaW-oi

the Court-Martial wae Jihat Gandhi W' Imprisoned for ave years, and hA is no# a prisoner in the fort at Korth Head, Auokland. PRESS COMMENT IN AUSTRALIA MELBOURNE "AfiGtJfi" DISSENTS'' FEOM THE SENTENCE. Br Telegraph.—Preas AfiSodcAion—Ctoßyrishi' .(Reo. January 19, 8.16 p.m.) Melborne, January 19. The "Argus," in a leading arfiolo on'the Gaudin case, says: "Having regard to the nature of the evidence, the sentence is amazing." After reviewing,' the nature of tho charge, the constitifi tion of the Court and its proceedines, the "Argus" adds:- , "Public opinion in New Zealand in ' shocked at these proceedings, and Vrith' good reason. Gaudin acted foolishly,. but his motives Were not criminal. His actions were suspicious, because among; the friends for whom he sought to do'' were several Germans, but tlis 6 actions themselves were perfectly harm*' less. The Court was' informed, by'.. overwhelming and unquestioned testi-} mony, of two important facts: Gaudin'9 Intentions were innocent, ruid that in*? jury could not have resulted from his! actions. A oivil Court would have on'. dered a light punishment in such ' tar* 8 cumstances. • s "Admitting that in war time it is Tin-' desirable that an offence of this kind ' should go unpunished," the "Argus"-; Argues, "the authorities could have met:' the case by imposing a fine of, say,. £100, but,_ instead, three military,' Judges, against whose sentence there is no appeal, have deprived Gaudin of hisr i liberty for five years. There is appar-'; ently only one method by which any, mitigation oan be hoped for—ah appeal ■' to the Governor. This oase shows whab may happen when the military authori- ' ties take ovor the civil administration. *•'