ALIEN GAOLED

Evening Post, Volume CXXX, Issue 30, 3 August 1940, Page 13

ALIEN GAOLED

LETTER GIVEN TO FRIEND

"VERY SERIOUS MATTER"

SECOND MAN FINED

An enemy alien who attempted to send a letter to his father in Australia by means which would have evaded the censorship was convicted and sentenced to 14 days' imprisonment by Mr. J. L. Stout, S.M., in the Magistrate's Court today. Alexander ■Hald, a company manager, aged 25, upon whom this sentence was imposed, pleaded guilty, with Gerald O'Byrne, an accountant, aged 31, to attempting to evade the censorship with the letter, which was stated by the police to be of such a nature that in the interests of the country it could not be read in open Court. O'Byrne was convicted and fined £5.

Senior Detective P. Doyle, who prosecuted*, said that the case was more than the ordinary attempt to evade the censorship regulations. Hald was an enemy alien, and was manager of a foreign company in Wellington. The other accused was an accountant by profession and came from Australia, but was employed by a company which had a branch here. Recently it was O'Byrne's intention to leave New Zealand for Australia. The two accused had been living at the same address for some time past, and had been on friendly terms.

Prior to the sailing of the ship a letter was found by the boarding inspector, Mr. Cotterill, in one of the sheds, and when he made: inquiries as to its ownership it was. claimed ..by O'Byrne as his property. The letter bore no address beyond initials on the envelope, which was sealed. It was opened and the contents brought to the notice of Detective-Sergeant Tricklebank and Detective Ritchie. O'Byrne was interviewed, and he frankly admitted to the detectives that he had known Hald, that they had been friendly, and that Hald had asked him if he would take the letter and deliver it to Hald's father in Australia. He consented to do so, but he stated he was not aware of the contents of the letter.

"WHERE SYMPATHIES LIE." "The letter is one that, in the mr terests of this country, I would not be justified in reading to the Court," said Mr. Doyle. "It will give some indication of where the sympathies of the accused Hald lie." The letter was then handed up to the Magistrate. "This is a very serious matter, particularly in view of the fact that the accused Hald is an enemy alien," said Mr. Doyle. "He frankly admitted to the detectives that his reason for giving this letter to the other accused was to evade- the censorship regulations. He also knew very well that he could not possibly succeed in having the contents of that letter to his father sent through the post." Mr. H. E. Evans, who appeared for O'Byrne, said' that the accused had been transferred .to Australia,- and Hald, with whom he had been boarding, asked him to take the letter to his father. O'Byrne complied v/ith the request, which-, in normal times would be quite a natural one. O'Byrne did not realise he was committing an offence, and was completely frank about the matter. In- fact, when the owner of the letter was sought he voluntarily stepped- forward . and claimed it. Pie was a British subject, and of his good character and loyalty there could be no doubt. Mr. Evans asked tha*t O'Byrne's name be suppressed. "I make that request because the very suspicion of disloyalty is worse than any penalty the Court might impose on him," he said. The Magistrate refused the application for' suppression of name. NO SINISTER MOTIVE. Hald knew he was committing a breach of the regulations, and intended to commit that breach, said. Mr. A. M. Cousins, counsel for Hald. Having regard to the circumstances, however, he could only assume that Hald could not resist the temptation of taking advantage of the fact that O'Byrne was going to Australia, and on the spur of the moment he gave the letter to his friend and asked him to take it over. Obviously he desired to send to his father some news that he knew, the censor would not allow him to send. There was, however, no sinister motive, and no intention to cause anybody.any harm. .

"As far as O'Byrne is concerned," said Mr.. Cousins, "he had no knowledge of the contents of the letter, and he simply did this as a kindness to a friend."

The.case of O'Byrne could be met with a fine,. said the Magistrate, but the circumstances of the .case against Hald were a little more difficult. It was a deliberate attempt to evade .the censorship, and was not a matter that could be disposed of lightly.