ILLICIT WIRELESS PLANT

Dominion, Volume 8, Issue 2275, 8 October 1914, Page 6

ILLICIT WIRELESS PLANT

CASE IN WELLINGTON YOUNG GERMAN CONVICTED AND FINED £20 INTERESTING EVIDENCE The case against the. young naturalised German, Hugo Soewaid, who was arrested by Detective-Sergeant R-awle and Sorgeant Kelly on September 20 I last, on a charge of establishing an illicit wireless plant, was heard by Mr. W. G. Riddcll, S.M.. yesterday afternoon. Seewald was charged that: (1) He established a plant capable of transmitting and receiving wireless telegrams without first having obtained the consent of the Governor-in-Council. (2) By' means of certain fake pretences, ho obtained from Henry John Tolley a wireless instrument with intent to defraud. Accused, who was represented by Mr. O. C. Mazengarb, entered a plea of not guilty. Mr. H. H. Ostler appeared for the Crown. In opening the case, Mr. Ostler said that the first information was laid under Section 164 of the Poet and Telegiapli Act, 1908,. and any person convicted for such an offence as accused was charged with was liable to a fine not exceeding £500. Accused was. a German by birth, and was understood to have served in' she German Navy. Ho had been made a naturalised British subject over in. Australia, but these papers- did not hold in the Dominion, so that accused was practically an alien. Purchase of the Plant. Henry John Tolley, junior partner in tho firm of Toiley and Son, said that tlie accused called at the firm's shop on the morning of Friday, September 18, and asked for a kinematogrspn model, and, later, for a small wireless plant! Accused then left the shop, calling the nest morning for the plant. Ho said that he wished to take the plant away'on approval to show to hie mate, but witness, acting on instructions from the manager, refused this. Accused then assured witness that he had an account at tho Bank of Now South Wales, and agreed, to. giyo a cheque ,for tho plant. Seewald said he had been 'enrolled as a member of the Expeditionary Force, while he had also fought in the Boer War. Hβ was > then instructed in the use of the plant, and given accessories. To Mr. Mazengarb: The makers of the model in question stated that the plant was capable of transmitting over 200 metres under very favourable conditions. In witness's opinion the plant when set up in a room would not be capable of transmitting more than 20 yards. It did not occur to witness that as Seewajd had informed him that he ■was a German, it' should haye been necessary to inform the police. "To Instruct the Forces in Wireless." Agnes Mercer, a lodginghouse-keeper, said that some time on a Saturday when she was busy washing Seewald brought the wireless plant to the house in Turanaki Street. He said ho was going ito instruct the ''forces" in wireless

telegraphy.' Later Seowald opened the plant, and she heard bells ringing. Sergeant Kelly said that on Saturday evening, l September 19. he went with Sergeant Cassidy to Seewald's roomAccused was lying asleep in the room* in which the plant was then erected. Seewald isaid !lje,had purchased the plant for experimental purposes, and tad bought.it from Hislop Bros. Witness returned on another occasion with Mr. Shrimpton (of the Wireless Depart* ment). The plant was then packed away. Seewald then toid witness that he had bought it from Tolley and Son. Witness told Seewald that it was an offence to have the plant there, and Seewald replied: "You'd better take it away, then." On the Sunday'witness went to the room again with DetectiveSergeant Rawle, who Tead the warrant ovor'to the accused. • Amongst a number of articles siezed were a German military pass, a German drill-book, four dry cells, and a telegraph key. "An Alleged Vagrant." To Mr. Mazengarb: Witne6s had known Seewald for three months, and during that time he had been kept under observation by the police, so that oyidonoo might be collected to charge him with vagrancy. Hβ was not being watched just because the war was on. Expert Evidence. Edward Allan Shrimpton, district telegraph engineer stationed at Wellington, said that from his experience ns an expert of wireless telegraphy the plant Seewald had purchased wouM, with suitable aerials, be able to transmit signals seven or eight_ miles, and at night four times that distance. It had a very inefficient receiver, but it could receive messages under favourable conditions from the Wellington Wireless Station wibhjn three or four miles. That was with suitable aerials. By placing more cells and with suitable aerials it could transmit signals, perhaps, for 100 miles. To Mr. Mazengarb: Witness would undertake to send messages from the Court with this purtiouliu , instrument

in S'eewald's room, it could receive messages from a few feet.

The Defence. In opening the case for the defence, Mr. Mazengarb said he wanted to make it clear that Seewald had no sympathy with the Germans. Mr. Ostlor: Wo all realise that. Mr. Mazengarb went on to urge tbat tho fact that accused was a Gorman should not prejudice him in any way. In opening the case, Mr. Ostler had referred to his nationality and to the fact that he had served in the German Navy. Mr. Ostler interrupted, nnd objected to Mr. Mazengarb's suggestions. Ho bad only referred to these- particulars as relevant facts. "I am sure," said Mr. Ostler, "that Seewold will get just as fair a , trial as any British subject." The Magistrate: Yes. , Mr. Mazengarb continued that if .the instrument was a "plant" when in accused's possession, then it was also a '■'plant" in the vendor's-shop, and tho latter was just as liable to a £500 fine as accused. It was not a plant, however, it was just an instrument. There was 'no evidence to show that the accused had established a plant. Ho had just opened the instrument up. This was not the meaning of the word "establish"' as defined by tho Act. Accused's whole attitude in the matter was open and frank. Another important point: Was tho instrument capable of receiving signals? . The ovidenco showed that it was hardly capable of this. Seewald In the Box. Seewald then went into tho bos. Ho said that ho had served in the German Navy 18 or 19 years ago. He had been in Australia 17' years, and had been naturalised 11 years/ Witness had been employed at Wakapakua Cable Station, and had been staying at his room in Taranaki Street'for six weeks. He had been visited by the police there a number of times. His naturalisation papers had been recently endorsed by the Minister of Internal Affairs. Witness bought tho machine so that no might practice the Morse code. . To Mr. OstleT: Some ' days before witness showed * man named .Sack «. Morse receiver, however. _ . Mr. Ostler: Did you not tell Suck that you wero »ble to send messages with Ibis »nd that you were icoinjc to got a more powerful instrument?— No. Mr Ostler: In Jua« Uit, dad you not eo to Mr. Petherkk, ef the People » Picture Palace, and produce a draft for , £700 and say that you proposed to purchase' the picture plant, which you were going to take to New Guinea I— Mr. OoUftr: Then how is it that you presented the same draft to Mrs. Wluttakcr some time after and oftereu to purchase her second-hand business? ' Witness replied that since then certain things had happened that had prevented him. . '■ ~ .. Mr. Ostler also questioned the witness in respect to .his dealings with motor-car vendors and other matters. Accused gave indefinite answers.. Case for'the Prosecution. Mr.' Ostler submitted tl'at this case could not be dismissed in the light manner Mr. Mazengarb proposed. The Act laid down that it wa-s an offence to hove a plant for transmitting, and an offence to havo one capable of receiving, Accused had had both. It was true th»t the .plant was not very effective, yet the evidence had shown that with additions and under favourable oonditioni

it would be capable of transmitting messages for 100 miles. Mr. Ostler went on to say that if the Bench found that defendant had not established a plant the evidence clearly showed that he had attempted to erect a plant capable of transmitting wireless. : £20 Fine. In giving his decision the Magistrate said that tie Act did not limit the distance over whioh the messages could be transmitted, yet in imposing a penalty a- Magistrate must take this fact into consideration. That such anoffenoe was a grave one was evident from the heavy penalty. Then the establishment of such a plant at such as the present, made it an even moro serious offence. The nationality of the defendant had been referred to, but he did not think it necessary for the Court to' go into this question particularly, although defendant had not all the plant established, the faot remained that he had all the the evidence showed—for transmitting messages up to 100 miles. The oiius was upon the defendant to show he had not established a wireless plant. Defendant would be convicted, but in imposing a penalty—which would not be a very heavy one—the Court would take into consideration that defendant had already beon somo weeks under detention. A fine of £20 would be imposed. - Defendant intimated that he would bo unable to pay the fine, and in this case tho Magistrate fixed the default at one month's gaol. On a suggestion.from the Bench the other charge was withdrawn. The question of tho disposal of the wireless plant was left over.