TREASON TRIAL

Wanganui Chronicle, Volume 90, Issue 9, 11 January 1946, Page 5

TREASON TRIAL

BAILLIE-STEWART FIVE YEARS’ GAOL

London, Jan. 9. Norman Baillie-Stewart, the 37-year-old former officer in Cae BritishArmy, who was known during hia imprisonment as “the officer in the Tower,” was charged to-day at the Old Bailey on two indictments, alleging high treason and assisting the King's enemies. The first indictment against Stewart, which is of eight counts, charged him with high treason on September 3. 1939, and other dates, by making propaganda records for broadcasting <n behalf of the King’s enemies, also with being in the service of the King’s enemies and assisting the King's enemies in the preparation of propaganda. To this, Stewart loudly pleaded not guilty. The second indictment, three counts, alleged under the Defence Regulations, that Stewart, being a British subject, assisted the enemy by broadcasting propaganda, by entering the service of the German Foreign Office and entering the German propaganda service, to which he pleaded guilty. Baillie-Stev. art was sentenced to five years imprisonment. DEQREE OF CULPABILITY The Attorney-General, Sir Hartley Shawcross, said those responsible had to decide whether to proceed under the 'Treason Act, or alternative charges. They had some regard to the degree of culpability involved, and although the case was serious, it did in some respects differ from the case of a person who, while claiming the protection of the British Crown, betrayed his country. Justice could here be done by accepting a plea and proceeding under the dclence regulations, under which there was wide discretion as to punishment, the upper limit of which was penal servitude for life. Mr. Justice Oliver said he would accept the Crown view. Sir Hartley Shawcross said that Stewart had gone to Vienna in 1938 and applied lor Austrian citizenship. Ke did not obtain it, because long residential qualifications were necessary. He was accused by the Austrian police of engaging i n pro-Nazi activities and was ordered to leave Austria at short notice. He then applied to the British Legation for help. He was informed that they could not interfere. A few weeks later the anschluss occurred and Stewart’s pro-Nazi leanings were no longer a bar to his admittance to Austria, and he was permitted to return to Vienna. In 1938 he applied for German nationality, but did not at once get it. The prosecution had no reason to doubt that the application was genuine. - In August, 1939, shortly before the war, Stewart was seen in Berlin by a German propaganda official and was invited to undertake news broadcasts to England. He was still Britisn, out ue accepted the invitation. WAR WEEK LATER

“At the time it was not in itself necessarily a crime to do so under British law,” said the prosecutor. * Less than a week later war broke out. Stewart was still a British subject, but he continued to broadcast.” Sir Hartley said that Stewart was later employed by the German Foreign Office and receeived 600 to 1000 marks a month. During the war he wrote and broadcast propaganda. He made attacks against Britain, and particularly attempted to sow distrust between Britain and America. The Attorney-General went on: “It is true that in 1940 or 1941 Stewart did in fact become a naturalised German citizen. If he had received a ,grant in August, 1939, he would not have beeen guilty of any offence. As it was, he probably did not receive it until a year later. H ; German passport was dated August, 1940.” Sir Hartley Shawcross, replying to Mr. Justice Oliver, said he understood that Stewart was now a German citizen, according to German law. Mr. Justice Oliver: He isn’t according to our law; he cannot nationalise himself during war.” Sir Hartley Shawcross: “He retains Lis nationality here, but under German law he does become a German citizen.” PLEA FOR MERCY Mr. Fox Andrews, K.C., defending, said it was clear that Stewart decided not only to renounce his British nationality, but also to seek the citizenship oi Germany. He pleaded for mercy.

Mr. Justice Oliver said: “There is a view to be taken into consideration tiiat the sooner this man got away from this country the better for this country.”

Mr. Justice Oliver added that he was considering asking Mr. Fox Andrews whether Stewart was willing to enter into a recognisance to return tc Germany and never come back to Britain.

Sir Hartley Shawcross said the Control Commission in the existing state of affairs did not find it possible to allow persons with official associations with the Nazi Government to be at large.

Mr. Justice Oliver said that was a matter for ihe Control Commission. If they decided to incarcerate Stewart in Germany, that was part of the position in which Stewart had placed himself.

Mr. Fox Andrews said he would find out whether Stewart would give the required promise.