GERMAN MERCHANT IN COURT

Dominion, Volume 8, Issue 2341, 24 December 1914, Page 7

GERMAN MERCHANT IN COURT

FIVE INDICTABLE CHARGES THE CASE REMANDED On five charges' of attempting to supply persons in Germany with goods, Henrich Wilhelm Magnus Duerkop, of the firm of Duerkop and Mackay, merchants, of Auckland, appeared before Mr. D. G. A. .Cooper, S.M., in the Magistrate's Court yesterday afternoon. •Four of the charges were laid under the Regulations of Trade Act, 1914, and the fifth charge under Trading With the Enemy Act, 1914. All the charges were indictable. The charges , road as . follow:—(1) Being a partner in a firm of merchants carrying on business at Auokland . . . raider the name of Duerkop and Mackay, on or about September 17, at Auckland, at a time while His Majesty, was at war with a foreign State, to wit, the Empire of did. attempt, to supply Gustav J. J. Witt, a person carrying on business in the territory of such foreign State, towit, at Hamburg, certain goods, to wit., 17 casks of casings; (2) a similar charge laid in respect to October 6, the chargo reading, "Did supply thirty-three casks and one case of casings"; (3) in respect to October 28, of "attempting to supply, 19 bales of sheepskins, 12 sacks of cowtails, and 14 sacks of glue pieces"; (4) on the same date, ten casks of casings;, (5) of attempting to trade with the enemy by supplying Gustav J. J. Witt and Co.'s Handelmaatschappis, a German, from trading at Rotterdam, for transmission to an enemy country, to wit, Germany, 9 casks and one case of casings." Mr. H. H. Ostler appeared for the Crown, and Mr. T. Neave for the prisoner. Mr. Ostler intimated that he wished the cases to he remanded to December 81, and on that date he would ask for a further remand to January 8. Mr. Neave agreed to the remand. "It is really more a question of law than of fact; the question is—Whether the'destination of goods which was to Holland. was an offence?" ' ■

Mr. Ostler: "The question of fact is •whether defendant knew they were going to Germany." Mr. Neave further intimated that there was a great deal of material to be prepared on both sides in regard to the case. The remand was granted. In asking for bail, Mr. Neave said that defendant was at present interned as a prisoner of war on Somes Island. Counsel continued that of course the granting of bail did not mean he would 'bo set at liberty, but that if he were successful in being released from Somes Island on parole he would be then able to take advantage of his bail. The Magistrate: "In granting bail I must look on defendant a-s a free man." His Worship inquired of Mr. Ostler, if !he had any objection to the adoption of Mr. Neave's suggestion that bail; be allowed in £100 on defendant's own'recognisance. ' - > ■ Mr. Ostler: No, I don't object. Bail was allowed accordingly. ~ Mr. Neave intimated that he had another application to make, anp that ■was if accused could confer wich his partner,. Mr. Mackay, who rid come down from Auckland. They wished to discuss certain matters before defendant left for Somes Island. . The Magistrate: I shouM prefer that when defendant is hantfed over to the military authorities ihat they should decide. '■/' .'. Mr. Neave: V,ry well.