ILLICIT WIRELESS

Evening Post, Volume LXXXVIII, Issue 86, 8 October 1914, Page 2

ILLICIT WIRELESS

GERMAN SENT TO GAOL THE TARANAKI-STREET PLANT INTERESTING EVIDENCE GIVEN. A case which has created considerable public interest was decided^ in the Magistrate's Court yesterday by Mr. W. G. Riddell. S.iM. A young German. Hugo Sewald. stood charged with establishing, in a house in Taranaki-street, a wireless installation capable of receiving or transmitting messages, without obtaining the consent of the Governor-in-Conncil. He was also called upon to, answer a charge that be obtained the plant by means- of a certain false pretence, but this was subsequently withdrawn at the instigation of his Worship. Some very interesting evidence was given during the hearing of the major charge, and the case presented some unique features. Mr. H. 11. Ostler prosecuted' on behalf of the Crown, and Mr. O. C. Mazengarb appeared for the accused. Mr. Ostler said the charge was laid under the Post and Telegraph Act, which made accused liable to a fine of £500. The case was somewhat unsual. Accused was a German by birth, and had apparently served in the German navy. He was naturalised in Australia, but the papers had no effect in the New Zealand Court. He obtained the plant from Mr. Tolley, saying, when he purchased it, that he was a naturalised German and that he had served in the South African war. He took the plant to his rooms at Taranaki-street and "erected the aerials in the backyard and the remainder of plant in his room. He said that he had obtained the plant from 'Hislop and Co., off Willis-street . which fras untrue. He also said that he had been appointed instructor to the Expeditionary Force. The first witness was Henry John Tolley. electrician, of Chews-lane, off Wil-lis-street. Accused called on him on Friday, 18th September, and first of *11 discussed a proposal for the purchase of a kinematographic outfit. Next he wanted to see some small models— he did not say what of — for. resale in the Wakapuaka district. He then asked for a small wireless plant, and it was arranged that he should call back in the afternoon. He gave his correct name. The next morning Sewald came to the establishment and viewed the plant. He desired to take it away on approval, but witness refused to allow this. He assured witness that he had an account at the bank, and the firm agreed to accept a cheque on the Bank of New Zealand. Instructions were given accused how to work the plant. Accused exhibited a letter from Captain Powles that he had enrolled as a member of the Expeditionary Force, and he also stated that he had served in -the Boer war. To Mr. Mazengarb : He did not know very much about wireless, but the makers said that this particular apparatus was only good up to 200 metres , TO INSTRUCT THE FORCES ? Agnes Mercer, lodginghouse-keeper, No. 82, Taranaki-street, said that Sewald and his wife rented a room from her. She remembered Sewald bringing home some electrical instruments. He said he was going to instruct the Forces in wireless telegraphy. She understood him to mean the Expeditionary Forces.' He placed a portion of the plant in the backyard, and another portion in the bedroom. "She saw Sewald "playing with the things " and she heard " some bells ringing." v To Mr. Mazei'garb i The police went to see accused often and wanted to know how Sewakl got his living. She replied that, he was working for a Mr. Ross. She had no idea what it was that sounded like bells. POLICE SERGEANT'S EVIDENCE. Sergeant Kelly stated" that when he arrived at the house he knocked at Sewald's door. As there was no answer he went inside and saw accused lying on the bed, fully dressed. Part of the wireless installation was erected in the room, but there appeared to be no connection with aerials outside. Accused said he obtained the plant from Hislop and Co., off Willis-street. Witness then went to see Mr. Shrimpton, of the Post and Telegraph Department. When he returned accused admitted that he had got the plant from Tolley and Son. He said that he had been employed as batteryman at Wakapuaka. Witness searched the room and discovered five dry cells, a telegraph key, a German driil book, a German mib'tary pass, a Commonwealth naturalisation certificate, and various other official papers. An examination in Court of the naturalisation certificate revealed the fact that Sewald was given full naturalisation rights in New Zealand on 17th September, the day before the wireless plant was discovered. To Mr. Mazengarb : The police were keeping Sewald under observation for the purpose of charging him with vagrancy. A certificate was found signed by Captain Powles, showing that accused had volunteered for service with the Expeditionary Force. Witness did not say to accused: "You ought to bo shot." He would not say from whom he received -his information regarding the plant. EFFICIENCY OF THE PLANT. Edward Allan Shrimpton, District Telegraph Engineer, said that ho had made a study of wireless telegraphy. The transmitter found in Sewald's room was capable of sending messages by day over a distance of seven or eight miles, and by night three or four times as far. The receiver was of an inefficient type and capable of receiving up to twenty or thirty yards only. With the Wellington station working at full pressure, a message could probably be received at one and a half miles. This concluded the evidence for the prosecution. IN DEFENCE COUNSEL'S OBJECTIONS. Mr. Mazengarb said that he wanted ! to make it clear, in opening for the defence, . that, in defending Sewald, he had no sympathy with the Germans. Mr. Ostler: "We all realise that." Mr. Mazengarb commented on the fact that so much reference had been made to Sewald being a German. Endeavours had evidently been made on all sides to prejudice # the accused by repeatedly calling him "a young German." Mr. Ostler objected to this form of opening. That Suwa'ld was a German was a relevant fact. However, Sewald could be assured of a just trial just as though he was a Britisher. Mr. Mazengarb agreed to confine himself to the remaining facts. It wag an exaggeration to say that the instruments constituted a "plant." The particular section of the Act, he was sure, wasnot meant to cover such experimental instruments as those exhibited in Court. Moreover, the "plant," if it was such, was not "established." There was no permanency. The accused had not been in the least secretive, and had informed an officer at the Mount Cook Barracks thao he had the instruments. He had not endeavoured to cover up his tracks. Ho hud done everythingquite openly. It was not thg intention

of the Legislature to punish anybody for having a toy installation — practically a toy — such as that lield by Sewald. SKWALD IN THE BOX. Sewald went into the box. He said he was forty years of age. and that ho h-ad served in the German navy 18 or 19 years ago. He had been in Australasia seventeen years, and was naturalised ten years ago. He was a general hand at Waknpuaka last year, and had to look after the batteries. He was staying in Taranaki-street at the outbreak o>* war. The police visited him thirteen or fourteen times, and they asked to see his naturalisation papers. Two or three weeks before the wireless plant was discovered, he forwarded his papers to the Minister for Internal Affairs, who subsequently returned them endorsed. He had been accepted for service in the Expeditionary Force. He served for five years with the Ist Company, Australian Rifles, in Sydney, A LIEUTENANT INVOLVED. When he obtained the plant he went to the barracks on Mount Cook and interviewed a. lieutenant. The lieutenant — a tall man, with a blonde moustache — said he was busy and told witness to return on the Monday. The lieutenant accompanied him to his house in Taranakistreet, but did not go inside. Sergeant Kelly visited him later, and told him he ought to be shot for spying. He did not know whether the Sergeant was serious, or not. He had not tried to receive any signals, and bought the machine for practice purposes only. To Mr. Ostler : He may have told Mrs. Mercer that he was going to instruct the Expeditionary Force. If he did, it was only as a joke. SOME PREVIOUS EXPLOITS. Mr. Ostler : Now lam going to ask you some question which do not affect this charge, but do affect your credit. Mr. Mazengarb objected, but the objection was not upheld. Mr. Ostler : I understand that in June last you went to a. man named Mr. Petherick, of the People's Picture Palace, and you produced a draft for £700 and said you pioposed to purchase a picture show to bake to New Guinea. Is that true?— Yes. And that you were introduced to a Mr. Hickey, a picture man? — Yes. And that you borrowed, a sum of £4 from Mr. Petherick? — Yes. And that you borrowed 5s from Mr. Hickey, promising to take him to New Guinea as your operator? — Yes. And later, didn't you take the same draft to Mrs. Whittaker, of Mannersstreet and offer to buy her second-hand business?— Yes. And you borrowed 5s from her on the strength of it? — I did, but my wife paid it back two days later. Didn't you ride about on a motor-car belonging to Mr Bradley, of Lower Hutt, on the understanding that you would purchase the machine? — Yes, but he would not stick to his part of the agreement. You did the same to several other dealers? — Perhaps I did. I don't remember. In June last you were interviewed by Detective Lewis, who wanted you to go to the bank in order to see whether the draft was good or otherwise. Why did you refuse to go? — Because it was too late. 'The bank was closed. NOT TO BE DISMISSED LIGHTLY. Mr. Ostler submitted that the case could not be dismissed in the light manner proposed by his learned friend. There Were really two offences. The Crown had to prove that a plant had been established "Capable of receiving or transmitting messages." If accused could not be foiind guilty of establishing a plant, he could be found guilty of attempting to establish a plant, which m -itself was an. offence- Evidence was to the effect that the plant could be made capable of doing a great deal of mischief, and his Worship should take tliat i-nto consideration. Even if the plant' was useless as it stood, it could be made very useful indeed. HIS WORSHIP'S DECISION. His Worship said that the Act did not limit the distance in which the plant must be effective. Its strength did not matter, except in determining the penalty. It was plain that the Legislature thought the offence a very grave one. It_ was all the more grave at the present time. The ' -nationality of the accused had been referred to, but he did not think that the Court should take much notice of that fact, except to the extent that it was a fact. The onus was upon the accused to show that he had not established a plant. There was the fact that he had a complete set of instruments, which cast a grave suspicion on him. His Worship convicted accused. He drew attention to the fact that accused had been in custody for a long time, and, in consequence of this, the Court did not propose to inflict a very heavy penalty. A fine of £20 was imposed. Mr. Mazengarb asked the Court to fix a default. Mr. Ostler, however, applied to have accused held in custody until the return of the distress warrant, but accused admitted that he had no funds, and the alternative was accordingly fixed at one month's hard labour.