"SPIES” FOUND GUILTY

New Zealand Times, Volume XXXII, Issue 7319, 24 December 1910, Page 5

"SPIES” FOUND GUILTY

POUR YEARS’ DETENTION EXTENUATING CIRCUMSTANCES ADMITTED. By Telegraph—Press Association- Copyright BERLIN, December 22. Brandon and Trench, the two Englishmen arrested in August last at Borkum and Emden on charges of espionage, were found guilty in the Imperial Court at Leipzig aud sentenced to four veal's confinement in. a fortress. During the trial expert evidence as to the precise significance of the discoveries made by the accused was heard in camera. ' ' The prosecution admitted that there wore extenuating circumstances in the case. The penalties to which persons convicted of espionage in Germany are liable are severe. Section 91 of the German penal code provides that foreigners who impart plans of fortresses “to the enemy''’ shall be dealt with “after tho usage of war"—a rule which presumably applies only when a state of war actually exists. If, however, thev are under tho protection of the German Empire at the time of committing the crime they are liable to the same penalties as a German subject. Section 92 of the code states, “Whoever deliberately imparts plans of fortresses or other such iufoz*matiou concerning which ho knows that the preservation of their secrecy from another country . is necessary for the well-being of the German Empire, or makes such information known to that country, shall bo punished with penal servitude of not less than two years, or, .where icuftenuatiug circumstances iare present, with confinement to a fortress for not less than six months."

NO SUGGESTION OF BRIBEEJ. (Received December 23, 10.5 p.m.) BERLIN, December 23. At the trial the junior Imperial Prosecutor stated that the frequent visits to a German harbour of the training-ship Cornwall, on which the accused men served, became markedly noticeable to German officers. It was argued that the accused voyaged in the vessel with a view to serving the British intelligence sendee.

Accused’s counsel alluded to the Helm case at Portsmouth, arguing that leniency similar, to that shown by Britain to Lieutenant Helm, who was convicted on a minor charge of being found on prohibited ground, should be extended to the, accused. , - . The President (interrupting sharply): '‘We know nothing of the Helm case." The Court itself admitted there were extenuating circumstances, but it took account of the danger to the national defence which the action of the accused might have involved. . ■ The tone of the proceedings throughout was almost friendly. The accused men's frank and manly bearing largely contributed to this. There was no- suggestion that the prisoners had attempted to bribe anyone.

The prisoners were cheerful, and satisfied at the result of the trial. They-will bo sent to a fortress at Gats, in Silesia, where they will be allowed all comforts, and enjoy the society of the Governor and officers of. the garrison. SENTENCES VIEWED QUIETLY. (Received December 23, 9.40 p.m.) LONDON, December 23. The press generally views the Leipzig sentences with equanimity, acknowledging that espionage is common . to all Powers. ■