THE GERMAN SPY.

New Zealand Herald, Volume XLVII, Issue 14566, 31 December 1910, Page 2 (Supplement)

THE GERMAN SPY.

SKETCH FORTS AT PORTSMOUTH. BOUND OVER ON HIS WORD OF HONOUR. Promising on his word of honour as a gentleman not to make any further naval or military sketches in England, Lieutenant Siegfried Holm, of the 21st- Battalion Nassau Regiments, return.? to the. Fatherland a free man. At Hampshire Assizes, at Winchester, where his trial took place, the proceedings took an unexpected and dramatic turn, for prisoner pleaded guilty, and the whole case lasted less than 20 minutes. Lieutenant- Helm, it will be remembered, had already been cleared of the more serious charge of felony—the accusation first, brought against him by the Crown of having obtained information with the intention, of communicating it to a foreign Power—and was now indicted for having, oii September 3, 4, and 5 made sketches and plans, and for the purpose of wrongfully obtaining information, was outside certain fortresses belonging to His Majesty the King, viz.. Fort Widley, Port Purbrook, and Farlington Redoubt, on Portsdown Hills: Point Battery ar.d Fort Blockhouse, in Portsmouth Harbour; and Spit. Forts, Spit bank Fort, Fort. Monckton, Horseand Fort, Lumps Fort, and the fortifications at Spilhead and Southsea Castle. Lieutenant Helm, as he stood in the highrailed dock in the crowded Crow n Conn of Winchester Castle facing Mr. Justice Bankes, .seemed .as- surprised as anyone at the dramatic brevity of the trial. He had not surrendered to his bail until the. moment, before the judge took his seat on the bench, but had sat in court chatting easily and happily with the English officers who arrested him on September 5 outside I'ort Widley. When Mr. Justice Bankes entered the court Lieutenant- Helm, a trim, neatly-groomed, boyish figure in a dark lounge suit, with a. light blue tie. stood stiffly at attention in the dock. He fingered his- slight fair moustache nervouslv as ho gazed curiously round the heavy oldfashioned English hall of justice, clearly wondering what- would happen next. Then, as the clerk of arraigns solemnly read out. the charge, lie suddenly nodded his head briskly and cried loudly, " Guilty"— to the surprise of many people in court, who were prepared for .any such admission so early in t.he case.

Sir ItufiLK Isaac* (for the Crown) said the facts of the case- could now Ire quite briefly, stated in view of Lieutenant Helm's plea. i' Sir 11 us said that on September 5 defenj da.nt was observed by two officers. Captain 11. de C. Marbelli and Lieutenant Salmond. . to be taking measurements outside Fort Widley. Upon being requested to do so he 5 nt once gav® up his not shook, and in it - was. were found nine sketches of fortifica- • tions and of the positions of searchlights ; and guns, measurement® and distances, and ; other information, all of which would be . material knowledge to a military officer, 5 The matter of punishment rested with the > court.— behalf of the Crown the Atl torney-General said he desired to bring i certain considerations to the notice of the judge. This was the first time there had , been a prosecution of an officer of a foreign state for this offence under the Official , Secrets Act. The object of the prosecu- , tion had been obtained, inasmuch as it was now showh quite clearly and plainly that the making of sketches in the way in which Lieutenant Helm had! made them was an OFFENCE AGAINST THE LAW OF ENGLAND, and was punishable severly. He desired to point out that Lieutenant Helm had already spent some four weeks in prison before he was liberated on bail. But -what was of greater v,eight was that he had nowadmitted his offence, and, provided that'he wan willing to express his unfeigned regret, and thft he would undertake not to repeat the offence, the intention of the prosecution was tc ask his lordship to treat defendant with the utmost leniency which he should sea fit in the circumstances. Mr. Travers Humphreys [defending) said that upon the advice of .Mr. Perceval Clarke and himself Lieutenant Helm had adopted the course of pleading guilty. The facts had nev-.ir been in dispute. No attempt had been made on behalf of Lieutenant Helm to dispute that he had, in fact, made sketches, however rough, and had made notes with regard to the fortifications of Portsmouth, nor had it been sngjjested that he had any authority fordoing so. He desired to express profound regret that defendant had violated the law of tne country whose hospitality he was at the time enjoying ; "He further desired to . give tire Court an absolute assurance that defendant, on his word as a gentleman—if .he might use the expression —would not in future give the smallest caiu.se for this supposition that he was guilty of any such offence. At- the time he made these, sketches he did not. appreciate to the full the seriousness of what he was doing. He could only ask the Court ■to deal with the case as the first of its kind, and in itch a way that defendant, who had already experienced the fairness with which British prosecutions were conducted, would have cause for recollecting with, gratitude the judicial clemency which he hoped would be extended to him Mr. Justice Bankes, addressing defendant, said : Lieutenant Helm, you have pleaded guilty to an indictment charging you with Having, for the purpose of wrongfully obtaining information, made certain sketches of the defences of Portsmouth. I think that, as a soldier, you must realise the necessity for the law rendering such con- | duct punishable, and,' -is a soldier, also, i you must, realise' the gravity of such offence. It is true that no proceedings have been taken against you for the far graver charge of making these sketches for the purpose of communicating them to a foreign state. You are entitled to stand there and say that though that charge was originally formulated the justices in the court below thought there was no evidence to substantiate it. The offence to which you have pleaded guilty is a serious offence, and in many cases ought to be severely punished. In your particular case, as you have confessed your fault, and undertaken not to repeat it, the Attorney-General, who represents the Crown, has intimated that he does not press the charge. In these circumstances, 1 do not see any necessity for imposing any punishment upon you. The sentence which I do pass upon you is that you be bound over in your own recognisances in the sum of £250. to come up for judgement when called upon. The exact meaning of that sentence your counsel will explain to you. If you are prepared., sir, to give the required undertaking I shall immediately discharge you. Having given the required undertaking Lieutenant Helm'left the Court with tluee or four German friends. Before returning to London they all visited the historic Westgate. which contains a museum of many interesting relics.