ARMY SECRETS

New Zealand Herald, Volume LXX, Issue 21454, 30 March 1933, Page 9

ARMY SECRETS

YOUNG OFFICER'S CASE VERDICT ON THREE CHARGES ACCUSED NOT GUILTY OTHER COUNTS UNDECIDED By Telegraph—Press Association—Copyright LONDON, March 28 The Judge Advocate, Mr. Patrick Graeme, summing up at the court-martial of Lieutenant Baillie-Stewart, of the Seaforth Highlanders, advised the Court to find accused not guilty on t'iie three charges, namely, attempting to collect, attempting to obtain and attempting to communicato certain information which might be useful to an enemy. Therefore, lie stated, the Court must try liitri on the charges of collecting, obtaining and communicating such information. Mr. Graeme added that tlie prosecution had called no witness who could give direct information on the subject of the inquiry and the Court was compelled, therefore, to rely on circumstantial evidence. <■ Continuing, the Judge Advocate said that without the letters the Court would probably hesitate before deciding that the three visits accused paid to Holland to meet "Marie Louise" entailed treachery, but still the phraseology of the letters was wholly unreal. While Stewart had described them as a subterfuge to hide a discreditable association, the prosecution contended that they contained a reward for an ignominy, and therefore were the key to the whole case. Mr. Graeme explained, however, that a conviction was impossible if information was accidentally or indiscreetly divulged. Treacherous intent must be established. Similarly, the Court must be convinced regarding the charge that Stewart collected information for a purpose prejudicial to the State. The Court was absent for two and a-half hours and returned a verdict in accordance with the Judge Advocate's recommendation, finding Stewart not guilty of the three charges. The findings on the remaining seven charges will be promulgated after reference to higher authorities. The accused was pale and anxious, but stood erect while Major-General Dugan, president of the Court, read the decision. Accused then saluted smartly and was removed from the building in custody.