THE GAUDIN CASE.

Otago Daily Times, Issue 16296, 1 February 1915, Page 2 (Supplement)

THE GAUDIN CASE.

APPEAL TO THE MINISTER. AUCKLAND, January 8. As a rostilt of the meeting held on Wednesday in connection with the sentence of five years' imprisonment passed upon F. E. K, Gaudin at Samoa, Mr Baxter, who presided, has "written to the Minister of Defence, stating that the people of Auckland feel keenly that a serious wrong has been done to a fellowcitizen for •what, at most, appears to have been an act of indiscretion. "It appears quite clear," says the writer, " that Gaudin did not at any time intend to injure his country or benefit the enemy, and that he merely failed to observe certain regulations, breach of which involved no risk to the lives, property, or interests of any kind of any person or community, and that failure to observe such regulations was due to—(1) a desire to oblige persons with whom he was associated in business or otherwise nersonally acquainted ; (2) his desire to collect debts due to his firm without the collection of which his firm could not have continued to carry on business." He urges the Minister to consider whether the breach of the regulations could not be adequately met by fine.

THE PRISONER REMOVED,

AUCKLAND, January 11. Since he was brought back to Auckland by the Navua a week ago F. E. N. Gaudin has been in custody in Mount Eden prison. To-day he was taken over by the military authorities from the prison officials, and was removed to Fort Cautley, at North Head.

EVIDENCE AT THE COURT-MARTIAL. WELLINGTON, January 19. The minutes of the evidence of tho Gaudin case at Apia (German Samoa) havo now reached the Minister of Defence. From these it would appear that tho accused had carried quito a number of letters from German subjects in Samoa to German prisoners of war without such letters having been submitted to the censor, tho letters being written in the German language. It appears, also, that ho took out of the occupied territbry a considerable amount of coin in British and German gold, and he did this in defiance of a proclamation then in force and at a time when the currency question in tho occupied territory was one of considerable difficidty, some of the gold being that which was taken down by tho New Zealand Expeditionary Force for the purpose of tho payment of tho troops. This was a matter of great importance becauso there were in circulation in the two islands German notes that wore greatly depreciated in value as the result of the war. Two charges were preferred against tho accused. The first was that ho did commit an act of war treason in carrying on board the s.s. Navua (1) a large amount of correspondence from subjects of the enemy to several prisoners of war, thereby assisting the said subjects in evading the censorship of letters; (2) photographs of the wireless station addrossed to Messrs Wilson and Horton, photographic editors of tho Auokland Weekly Herald, presumably for publication, thereby evading tho censorship; (3) a number of pages of MS. intended for publication in tho Auckland Weekly Herald or other papers, thereby evading the censorship. The second charge was that in disobedience to Government regulations he removed from the occupied territory a considerable amount of coin contrary to proclamation No. 31 of September 12, 1914. To the first charge he pleaded not guilty; to the second, guilty. He was found guilty on both charges. THE EVIDENCE. Colonel Logan, administrator and commander of the forces, stated that tho censorship had been in force since tho arrival of th.l troops in Samoa. Captain Loftus Tottenham deposed that the proclamation prohibiting the exportation of"coin was issued prior to the departure of tho accused from Apia. Accused did not inform witness that he was a military officer. A. J. Tattcrsall stated that on or about October 30. 1914, he handed certain photographs of Samoa to aocused for transmission to Now Zealand for the Auckland Herald office. Accused made no inquiry whatever as to what the packets contained. Cross-examined by accused: You handed me the packet from a trap oil tho 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. Cross-examined by the prosecutor: Witness said that was at 5 p.m., and the mail had closed in the morning. The ship sailed in the evening. K. Hanssen, manager of tho German firm, said: "1 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 tho firm who visit Apia. Accused neither writes nor roads the German language On or about October 30 1 handed my clerk a certain number of letters, amongst which was one for the late Governor (Dr SchuJtz), at present a prisoner of war in New Zealand. There were some for Kronfeldt, of Auckland, and some for Ohle and Hellfritz. They are all German subjects. The letters were all written in the German language. The letters for them contained only information regarding business transactions with the firm. Cross-examined, witness said he believed that Kronfeldt was a naturalised British subject. S. Klinkmuller said he gave accused ono letter to Mr Marr, secretary to the late Governor (Dr Schultz) This letter was in German characters. Accused did not know tho contents of tho letter, but witness informed him that it contained nothing that would get him into trouble in nassing the censor. Ho thought ho said "in passing tho censor," but ho might havo jaid "in passing the authorities." In mas ;n tho morning he gave accused the letter. Ho had no particular reason for hand'.ng the letter to him. Cross-examined by accused, witness said no payment was given aocused for taking the Iftter. Accused: It was simply out of good nature that I took it. Witness: Yes. Accused: When I took the letter you assured me that there was nothing in it to bring me into trouble? Witness: Yes. G. E. L. Westbrook said he gave accused some correspondence to New Zealand for publication in some Auckland papers. A previous copy of this had been posted, but hid not, reached its destination. He thought it might have been censored. E. T. Reze said he gave accuscd £20, rather more than hn.lf of which was in gold. At the time both English and German gold was scarce in Apia. The money was for a ward of witness's and a nephew of Kronfeldt. W. II Holzeit. manager of Krause and Preuse, Apia, said his firm owed accused's firm about £400, and he paid accused about £103 in English gold on October 29. Ho paid him gold because ho demanded it. This closed the rase for tho prosecution. Frederick Edward Norman Gaudin (the accused) said: You have hoard tho evidence of how I crime into possession of these letters. Nearly all the correspondence 1 received hero was in the way of business. Our firm, as you know, does an extensive business in Simon. not onlv with the Germans. but with the British and other nationalities. I was here for business purposes. I went round on the date of the departure and collected various orders for uoods from the people on the beach. In this way, of e n ur«e. a large amount of correspondence fell inro my hands. T lmve got to plead ignorance of the fact that I was committing an act of treason; but was no concealment. I went on board with the letters, and mad" no attempt to cover them up. T do not denv that I had letters for prisoners -of war. Tf T hive committed an nri of indveretion T deeply regr"t it Evidence as to r>peitsor."s jood olia"" , for "■is 'riven by Mr M. M'Callum and Major

IV'V. A sentence of five years' imprisonment was imposed.