SWABODA CASE.

Press, Volume LXI, Issue 18481, 8 September 1925, Page 10

SWABODA CASE.

TRIAL AT COLOGNE. VERDICT OF MURDER. (?BOK OCR OWN CORBJSSPONBKNT.) LONDON, July 29. Mr William Osborne Clark arrived in- London from New Zealand on Sunday, July 19th, and in less than a week the purpose of his long journey to Cologne was successfully completed. He reached Cologne early on the morning of July 24th, the case, which started three hours later, occupied six hours fifty minutes, and his evidence was completed in sixteen minutes, including his cross-examination. Mr Clark was accompanied from London by a corporal of Military Police from the Aldershot Command, in plain clothes, who had instructions not to let the New Zealander out of his sight—this, presumably, as a safety measure. Accommodation was arranged for them at the Keichshof Hotel, close by Cologne main station. After twenty-eight remauds,. Franz Swaboda, a C'zecho-Slovakian, was found guilty by the special Military Court (under Civil Law) of the murder of Lance-Corporal Cyril Cromar, loth Otago (New Zealand) Infantry, ou February 7th, 1919, at Mulheim. The court comprised live members: President, Colonel Commandant Av". J. Maxwell Scott, C.E., D.5.0., Commanding Ist Ehiue Brigade; members, Major A. E. O'Meara, D.S.O. (Manchester Regiment), Major H. A. W. Cole - Hamilton, Ist Battalion York and Lancaster Regiment), Captain E. G. M. Buckley, sth Fusiliers (Northumberland Fusiliers), and Captain B. Burt'liSmith, Ist Battalion Oxford and Bucks Light Infantry. The Judge Advocate was Major Gatehouse (General List). The prosecuting counsel was Captain Parkes, Northamptonshire Regiment, a member of the English Bar, who defended Private Halliday and prosecuted Private Wright in recent Cologne murder trials. Those for the defence were Dr. Steiner, Cologne, whose fee was paid by the German Government, assisted by Captain N. H. B. Lyon, Middlesex Regiment. The latter assisted in order that Dr. Steiner might be made conversant with English procedure, etc.

The Accused Man. The Court was well attended by Germans, but few Britishers were present, although the garrison took a great interest in the trial and looked to the British Military Paper, "The Cologne Post," to supply a full report. This it did. The accused man, who is about sft 3in in height,. with close-cropped head and sallow complexion, appeared to be very dull, apathetic" and slightly nervous. He had fled into unoccupied territory the day after the crime, and was arrested on January 26th, 1925, when he returned to visit his sick father. When arrested he had to be practically carried into the British Police Offices at Deichmannhaus, Cologne. On that occasion he looked a nervous wreck.

The accused was found guilty of murder. He took the pronouncement quietly. The verdict means a sentence of death, but the sentence has to be considered by the General Officer Coin-manding-in-Chief of the Rhine Forces. There- will he a recommendation to mercy. After the verdict was announced defending counsel put in a strong plea for accused on account of his good character as a soldier and a son. The New Zealand Witness. So far Mr Clark has very cleverly evaded enthusiastic Pressmen and photographers. There was a considerable concourse of both these functional ies at New Zealand House on July 20th, but they all had to go empty away. Only once, he thinks, was he "snapped" while he was in Cologne. In Germany he had very little time to himself, for at the termination of the Swaboda trial, Mr Clark had to appear before a German magistrate to give evidence concerning Christine Roth —Roth (is the man who is alleged to have shouted, "Franz schisse doeh" (Franz shoot) on tHe evening when Lance 7 Corporal Cyril Cromar met his death. It seems that both Swjaboda and Roth were in Cologne at the same time when the former was arrested early this year. The former was captured, but the latter was missed by about ten minutes, and got away into unoccupied territory. He was arrested by the German police, but they refused to hand him over. He is to be tried by a German Court, and it was in connexion with this that Mr Clark's evidence was taken.

P The "Victim's Grave. On the evening of Saturday the New Zealander had the opportunity of seeing some of his old haunts, and on Sunday he went to the Sudfreidhof (South Cemetery) to see the grave of Cyril Cromar, whose remains He between those of a private soldier belonging to the Gloucestershire Eegiment, and of 1039 2nd Air Mechanic W. J. Reid, A.1.P., who died in Cologne on February Bth, 1919. Mr Clark took photographs of the grave, and these, no doubt, will appear in New Zealand in due course. As yet the films have not been developed. On July 27th he and his eseort left for iiondon and got into Victoria on the afternoon of yesterday, having come by the mail-boat-and-train from Ostend. This morning Mr Clark spent some time with the High Commissioner, and this afternoon he has left for Scotland. Arrangements have been made for his return journey to New Zealand by the Athenie, on August 14th. People in Cologne who were present at the trial were greatly impressed by the way the New Zealander gave his evidence on the afternoon of Ms arrival. He was in the witness-box for only sixteen minutes, including bis cross-examination. His manner was very composed, he gave hi 3 answers readily and quickly, and his evidence really clinched the case. His counsel, in the summing up, referred to him as a very reliable witness, and the JudgeAdvocate remarked that he thought Clark had given his evidence very well.