THE GAUDIN CASE.

New Zealand Herald, Volume LII, Issue 15822, 20 January 1915, Page 7

THE GAUDIN CASE.

SAMOAN COURT-MARTIAL.

REPORT TO MINISTER. CHARGES AND EVIDENCE. the CAN HI AGE OF LETTERS. state ml xt BY accused. Cut :i : !'.n.v;-ii ''> v n > % "Sl>f.nt ] Wellington, Tuesday. The minute.- . : the evi ierxc taken at the -our: m.Hit.ii ■■' >.mi",i "i connection "■ th jv,,,",;- ;>■_ , ..- , -,i l' V. N. Gaudm have leach-i :>>• \':-.:-r LV Defence. ~,,? !, ■ > ... ;•,; ■,!, •' would appear that (-,,••,• :: h iii '•<■'• '■•'d >j'.i:'e .1 number of letter •'•'.!) item;..!: .'<ubje, in Samoa ~-. , .--;••.''"I ; . i >.--,. 01 w.,r witlvil rsllch ]~,,,.. i .-.:■■_ hi i n suhnv.tted to the cen3, ... ;,i;.:- :■•:::- written in the Ger- ,",.',.', '; ,-_•;.;_:■ . 1- .i, i ears also that he «... ,' ,:;:.-• >■!• , a . .•nsiderable amount c ; ~ ,-. ■■ |" -.'. ,v..i liftman g''ld, and i, ,; . - . .i.-ti.iii' •■ ••'. .' proclamation t 'p U ' ; . ■'"•' at a time when the (~,,,.• . .-:; in the occupied territ,,rv •> .- one nt considerable difficulty, n > . : ''''< gold Wing that- which was taker iovm with the New Zealand exped'.ti- !-..,:;.- i :. <■ i. r he -purpose .■: the ~a TOt it .■;" the t;v-op-. Tins was a matter of gre.-t -.in-.--•• t.i. because there was in circvi/.tion :n the two islands German notes that v ore pva'.ly depreciated in valise. Details of the Charges. T«.-. charge? were preferred against the a.--used. The f.i.n was that he committed an act of war treason in carrying on V a I'd the "-learner Navua (1. a large amount of correspondence from subjects <•■:" the eneinv t< several prisoners of war, th«rabv assisting the said subjects in evading the censorship of letters ; (21 photographs of the wireless station, addressed to Messrs. Wilson and Horton, of the Auckland Weekly News, presumably intended for publication, thereby evading the censorship : (3j a number of paces of new? intended for publication id the Acckland Weekly News, or other paper, thereby evading the censorship. The second charge was that in disobedience of Government regulations accused removed from the occupied territories a considerable amount of coin contrary to proclamation No. 51 of September 12, 1914. To tie first charge accused pleaded not guilty, and to the second guilty. He was" found guilty on both charges, Examination of Witnesses. ! i Colonel Logan, Administrator and Commissioner of the Forces in Samoa, stated that the censorship had been in force since the arrival of the troops in Samoa. Captain Loft us Tottenham stated that the proclamation prohibiting the exportation of coin was issued prior to the departure of accused from Apia. Accused did net inform witness that he was a military officer. A. -J. Tatt-ersall stated that on or abont October 30 he handed certain photographs oi Samoa to accused for transmission to New Zealand for the New Zealand Herald Office. Accused made no inquiry whatever as to what the packets contaiaed. j Cross-esatained by accused : You banded j 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. In cross-examination by the prosecutor, witness said this was at" 5 p.m., and the man had closed in the morning. The ship sailed in the evening. German Firm's Manager's Evidence. K. Hanssen, manager of the German firm, said: —"I had business with the accused. Apart from business I am on friendly terms with him. He was living with me prior to his departure from Apia, as is the custom of members of his firm who visit Apia. Accused neither writes nor reads the German language. On or about October 50 I handed my clerk a certain number of letters, amongst which was one for the late Governor, Dr. Schnlz, at present a prisoner of war in New Zealand. There were some for Mr. Kronfeld, of Auckland, and some for A. Ohle and HellfVitz. They are all German subjects. The letters were all written in the German language. The letters for them contained onlv information regarding business transactions with tba firm." Cross-examined: Witness said that he believed Mr. Kronfeld was a naturalised British subject. S- Klink Muller said he gave accused a letter to Mr. Man:, secretary to the late Governor, Schulz. This letter was in German. The accused did not know- the contents of the letter, but witness informed him that it contained nothing that would get him into trouble in passing the censor. He thought he said "in passing the censor, ' but he may have said " in passing the authorities." "It was in the morning that he gave accused the letter. tie nad no particular reason for handing the letter to him. " Out of Good Nai^s." Cross-examined by accused, witness said no payment was given accused for taking toe letter. Accused ; It was simply out of good nature that 1 look it? 6 Witness: Yes. Accused: When I took the letter von assured me thai there was nothing in it to Wing me into trouble? Witne.-.- : Yes. G. E. L. Westbrook paid that he gave accused some correspondence to take to -ew Zealand for publication in an Auckland paper. A previous o pv of this had Been posted, but had not reached its destination Ho thought it might have been censored. «£'' T. Page said he gave accused £20, rather more than half of which was in ? J W. At the time both English and German gold was scarce in Apia": The monev as tor * war,) nf witness's and a nephew 01 Mr. Kronfeld's. w. Hohreit. manager of Krause and rreuse Apia. ,aid that his firm owed accuses firm about £400, and he paid 0? J, ' JUt m ! '" En ° V] * h polif on tOuor 29. He paid him gold because ftr demanded it. ti.J? is '- ! "- e "d the ' asP for th« prosecuStatement by the Accused. The accused said: "You have heard ,; evidence ,; how I came into posses«on ot th,,,- !,t,., 5 . N- eal -lv all the Respond,,,,. I received her, "was in the doe ot business. , Our firm, as you know. aoes extens:\. business in Samoa, not °.v with the Germans, but with the' ""tilth and other nationalities, I was on % 0r . b1,6 purposes. 1 went round vL- aatP of tbe departure and collected o *7, us orders for goods from the people a t-ne beach, and in this wav, of course. tt y r j§ e amount of correspondence fell into fact ♦V.kfY ""' '*° P ,Md ignorance of the Eon u 3 was committing an act of trea*«Ji u there was not concealment. I to if" board with the letters, and made to«S~T pt to lover them ' and on bein ? '' (C at -Auckland. I immediatelv gave = 't«, up. ido HOt deny that I had letcomJ?r P r,yonel 's of war. If I have ' legrrt •?" n aCI ° f indiscretio "> I deeply '-"*-. . ence *» to accused's good character '- j» given by Mr. McCallum and Major