THE GRIERSON INQUIRY

Dominion, Volume 9, Issue 2731, 28 March 1916, Page 6

THE GRIERSON INQUIRY

. : DOCUMENTS EXAMINED THEORIES ABOUT THE ALLEGED ■.'! CODE

GRIERSON'S EVIDENCE

Tho inquiry into the charges againstLieutenant Grierson was continued yesterday afternoon 'by the .Commissioner (Mr. A. D. Thomson). Mr. Payne was cross-examined, about the scraps of paper constituting' the documentary evidence on which the charges against Grierson partly depend, and Lieutenant Grierson gave an account of his life, and also a full explanation as to what the writings on the pieces of paper iwDrel ■ , • The Solicitor-General (Mr. J. W., Salmond, K.C.). appeared for the Crown, Mr. T.'Neave for Lieutenant Grierson/ land Mr. T. M. Wilford for Madame Boeufve arid Mr. John Payne, M.P. Mr, Payne Cross-examined. , John Payne was recalled for crossexamination. Before he was questioned ho said that in the year 1913 birth certificates and passports were being manufactured wholesale,' and he would therefore; suggest that in the interests of.justice, cabled confirmation of Grier'son's birth certificate''' : and passport should be obtained, before any credence bo given to them. * . The chairman said he would consider the. matter. , , Witness, replying to Mr. Neave, said that when he and others launched the agitation against Grierson, he did not know-, how Madame Boeufve had. come by the documents in her possession. She-did not at that time tell him, and he did not ask her. lie considered the documents were incriminating. If the documents were found on Grierson on the field of: battle, ho would be taken out and summarily shot. ■'■'-.■ ■'■'Mr.' Salmpnd: Bather fortunate you. are not in,-command!'. Mr. NeUve: Very; fortunate. . Mr. Payne: I ;know just 'exactly what would .happen. "•' . Mr. - Neave submitted to witness the scrap of writing which had been declared to be .a code, and asked_ witness his reasons for declaring that it was a code. •, i ' ', -Witness thereupon read a page of .William Le Queux's book "German Spies in England," to show that such codes existed. Witness also gave an ingenious illustration of how the words and the figures could be-used as a. code. He considered that the .numerals along with the words constituted the' document a code. .'■..-.•' .Mr. Neave. (producing another document),: Then why did , you put those numerals there P. '; Mr.' ■; Payne: searched among his papers.'/. . " ; ' . ' Mr. Neave: .Why did you. touch this document atall? . Why did you add figures to the phrases? .Mr. Payne:,. You won't bully me, so you'needn't-try. Mr. Neave: Please answer the questions. Will you kindly answer "Yes" >r "No" to this question: Did you put those figures 1, 2, 3, on this document? Mr. Payne: Yes I did, of course. Hariiiß found, the'document for which he-had been seeking among his papers, he explained -that the numbers were added for ready reference' to the translations, copies of which were sent to the Government. He supposed that the ■phrase's "on'the latter document produced we're such simple German phrases as could be worked into a code. ■ Mr. Neave: If it were explained to the Commission that it is an unfinished German exercise in /declensions, you would/not believe it? Mr; .Payne,: No. other sane... person would—not at this time. - Mr. Neave produced the ' "code" document,, and -proceeded to crossexamine on it. : Do you say that this writing done on a piece of paper- — Mr. Payne: William Le . Queitx tells 'us "they, .do their codes on scraps of paper.- -~.: '/; Mr. Neave: You say that this code, done, on-a scrap ;of paper, left "in his box in.Miss Murphy?s house, and Miss Murphy in possession of the key, is a code?- '• .'-'" . • Mr. Payne said that he did think so. A Telegram to the War Office. Mr.. Salmond. proceeded to crossexamine Mr.' Paiyne. "Have you," he asked, "a copy of the telegram you sent to the War Office?" 1 Mr. Payne': No, I have not. I should refuse to produce it if I had. Mr. Salmond: You had a copy? Mr.-, Payne::,Yes. Mr. Salmond: Where is it? ■'■ Mr..Payne: It!s gone. I don't know whether someone has taken it from our room or what has become of it. Perhaps someone knows better ;than I do where it is. ' ' . - - Mr. Salmond produced' a typewritten statement, purporting to be a copy of tlie■■.telegram , received -by the War Office,.and asked whether that was in fact a copy of the telegram as sent. ■ Mr. Payne said that to the best, of his recollection it-wa6. He.said ho could not,Tememb,er tie text well enough to recollect whether thore'had been any. oxcissions from the original.- He had supplemented the telegram by a letter to the War Office. Following'was the text of the copy produced:— ; . , ' , "Strict inquiry necessary regarding Grierson, on New .Zealand trans- •-' port No. 37, also with regard Germans Austrians hold commissions in New Zealand Forces, and with regard passport' granted Martha Gross, German." ' ' Mr. Salrnond: You were not aware, that sending communications to tho War Office is contrary to Imperial regulations? Mr. Payne: No, I am not aware of it, and it would not make the slightest difference in any ease. I would do it all the same. . -..' .No British colony is going to be run by Germans and me be iu it. ... ' Mr. Salmond: In your newspaper, "Tho Philistine," you charge Grierson with being a German and a spy. Mr.. Payne:, I don't think I said "spy." Mr. Salmond: You said ho was "in the service of tho Germans." What does that mean? Mr. Payne insisted that the words ought to be taken in their literal meaning only, arid that no other' meaning should, bo given to them. Mr. Salmond: You still believe that this man is a German ? .'. _ Mr. Payne: We havo no evidence that he is not a German. He went on to say that in these times of war we must not accept asi conclusive evidence birth certificates and passports. Mr. Salmond: Do you beiicve Mr. J. C. Griorson's evidence? i Mr. Payne said that Mr. Grierson, of Auckland, might be mistaken in supposing that-Lieutenant Grierson was his ' nephew. All the evidence given did not '. satisfy him that Grierson was not a German. • Mr.i Salmpndj It takgs much less, evt

dence to"; satisfy you " that; a certain tliiiig is a co'de ?','■■ " \ Mr: Payne: Because as a commercial man I have: knowledge of codes. Tho Documents, and the Defence Department. . ... Mr. Salmond: ,1 understand that you refused to produce these documents to the Defence authorities?Mr. Payne: I would not produce the oiigiuals. '. . Mr. Salmond: Why? Mr. Payne: Because I have no faith in tho Defence Department. Ho went on to say that he'had written to the War' Office concerning them, and .he felt that he ought to hold the documents until he heard from the War Office. He did not hear from the War Office. ; ■ ■ -, Mr. Salmond: You were going to keep these documents until you got a reply from the War Office to your lettori You were waiting some weeks while this man, this German spy, was away in a Now Zealand transport 1 ; Mr. Payne: A cablegram to Egypt from the War Office to intercept the Dalmbre was quite a simple, matter. Mr. Salmond: What did you think the Defence Department would do with those documents if they got them?'.. I. -Mr. Payne: I don't trust tho Defence Department here, with anything 'when they allow Germans to go to the front with our forces. Mr.': Salmond: What did' you think the}' would do with .them?. / Mr.. Payne: I thought that nothing would be done. Mr. Salmond: But that was no reason for refusing to let the Defence Department have them? Mr. Payne said that if he had given the documents to the Defence Department they would simply have been laid ■ aside. 'No action would have been taken on them. Mr. Salmond: Why didn't you let the Department see them? Mr. Payne: Because I considered myself in honour bound,to hold them-un-til they were required by the War Office. Mr. Thomson': Couldn't 'you have shown them to the Defence authori T ties without parting with them? Mr. Payne: said he had made this offer to' the Defence Minister, but that had not been satisfactory to Mr. Allen. He sent copies of the documents to the Defence Minister. The "Code." Mr. Salmond'.: About this code —we understand from you that this document would be enough to justify'Grierson being shot? . You still maintain that? ■■■■■ t ■ Mr. Payne: You say "this document." I said "these papers." Mr. Salmond: AVhich other documents would justify summary execution?' Mr. Payne: All the papers as a whole. Mr. Neave: Including the list of prepositions! ..';.. ■Mr. Salmond: You say that if ah Englishman was found on military service with these German postcards ■ in his possession he could be justifiably shot?/ "'• ' " ' Mr. Payne: If he.hadi them together with the other documents. Mr. Salmond: You refer only'to postcards in your letter. < ■Mr. Payne: Yes: In Teply to further questions, Mr. Payne said that along.with tho other writings the "code" might he sufficient to bring about the summary execution of Grierson. Probably, however, all the writings were inter-related. Mr. Salmond: You are quite satisfied that this is a code?

. Mr. Payne:' Yes. Mr. Salmond: Couldn't any set of sentences be used as a code on some arrangement? '-.. . Mr. Payne: Yes, that is common. • ; Mr. Salmond.: By a sufficient amount of arrangement Grierson could have used this copy of the. "Philistine" as a code? ' •" Mr. Payne: No. There, must he collusion between two parties to arrange a code. '':.'■' Mr. Salmond: Exactly. ', They could have come to an arrangement by which this copy of the "Philistine" could be used as a code. - .Mr. Payne: Oh, yes. Mr. Salmond: You imply that a similar agreement existed in Tegard to these pieces of paper? Mr. Payne: Undoubtedly. Grammar Exercises, Mr. Salmond: Is it not obvious that these words on the back (of the code) are part of a grammatical exercise ill German? > • Mr. Payne: It is ridiculous to suggest that to me in these war times.. Mr. Salmond: But how. do you know they were written in these war times? Mr. Payne: They were taken out of his box in war times. Mr. Salmond: But how do you know they were'written in war times? Mr. Payne: How do you know anything different? Mr. Thomson: At the,time they were taken out of his box Grierson had not had custody of the box for 12 months ? Mr. Payne assented. In reply to further questions, Mr.. Payne said that tbe alleged grammar exercises might also be used as a code. , Mr. Salmond pointed to the underlined endings of certain words, and suggested this as proof that the writing was simply an exorcise in grammar in which the endings were the important part. Mr. Payne replied: Have you heard of Lieber's beginnings and endings code? Mr. Salmond: Do yon not think it is a more charitable conclusion that the young -man was learning German, and that this is a grammatical exercise in which tho uuderlinings mark the declined endings as tho translator (engaged by the Court) suggests? Mr. Payne: Mr. Chairman, this is the first time,l have heard that this Commission is a charitable- institution. Mr. Salmond: Don't you think that is a reasonable interpretation? Mr. Payne: No, I do not. Mr. Salmond: Do you admit that there are other grammatical exercises in the documents? Mr. Payne: I don't admit that. He went 011 to maintain that the writings were doubtless all_ related, but that tin's could not be discovered without a key to'the general code. No man could say that any of tho writings was purely a grammatical exercise. Mr. Salmond: Yon -infer that this man is a Gcrm.vn, and fllso that ho i.s an infernal scoundrel, and yon will not believe that be has not a code in his possession ? ( Mr. Payne: I didn't say ho was an inl'enia' scoundrel. Mr. Salmond: You said he should be shot. I put it in a milder manner.

Mr. Payne: I think it is absurd tq assume anything in these days. Things may be as you say, but it is absurd to assume it.

31r. Salmond: You think a German would leave liis code lying in his box in his landlady's premises a year after he himself left there P

work, and lie did no work until March. Ho was anxious to do something which would heli> him when ho went back to England, "and lie applied to _ several firms.for a position as an English-Ger-man correspondent, hut without, success. Nobody wanted English-German clerks hero. • At Fooke's Office. He then introduced himself to a German in Auckland, a friend of his uncle's, and through him got employment in the office of Oastendyck and Focke, in "Wellington. Ho worked there simply as a translater of correspondence. He saw nothing of any dirjloinatic work. Ho understood that all the diplomatic work on behalf of Germany was done in Auckland, but this he did not know. When war broke out the police came into the office and confiscated all of Mr. Focke's papers. The very moment this occurred, Mr. Focke came to lum and said "Very sorry, Grierson. That nnishes your job." In other words' ho got the sack. When War Broke Out. After this he decided to offer his services for what they, were worth as an interpreter to the Defence authorities.' He was informed by Colonel Gibbon that only commissioned officers were accepted as interpreters. He was not strong enough then to enlist, and he went up to Auckland to his relatives. Ho left Wellington, to the best of his knowledge, ahout 48 hours after tho declaration of war. Before he left he was interviewed hy two detectives, and to the.m he produced his birth certificate ami passport. They seemed well satisfied. apologiS3d for troubling him, saying it was merely their duty, and left him after about half an hour. In .Auckland ho was in the American Consul's office for about seven weeks, on probation, receiving no salary, but only expenses. His health did not improve, and he decided that if he was. to get well enough to go to tho war he must go on a farm, and lie went to the farm of Mr. R. A. Wiggins, near Paeroa, staying there from November, 1914, until August, 1915. He enlisted at Paeroa, and came into camp on August 23, 1915, with the Bth Reinforcements. He had been with the . 6th Hauraki Regiment before _ enlisting. Ho was given a commission, after some time, and was posted to A Squadron of the Bth Roinforcements. He was with the squadron for a week, but he got measles, and was transferred to the 9th, and then immediately afterwards -to the 10th. Ho was posted to B Squadron, 10th Roinforcements, and. was with that squadron until the moment the transport sailed.

Mr. Payne suggested that Grierson may have had reasons for leaving it there. It was a dangerous thing to have about' him, aud also he could not use it while,in the Forces.

Mr. Salmond: When do you suggest he used or intended to use this code?

Mr. Payne said he did not know whether Grierson used it or not. Ho could have access to his box, witness presumed, by paying up what he owed to his landlady. Mr. Salmond: So this is the code of a German spy I And when he wanted to use it he was to come back from Auckland to Wellington, back to Miss Murphy's, pay up his board, get the code out of the hex, and then use it I Other Papers. Mr. Salmond went on to examine concerning tho request for a testimonial to support an application for a, position in a German firm. He asked whether thero would be harm in such an application before, the war. Mr. Payne: Perhaps, if he. knew the war was coming on ho wanted to get back to Germany. Mr. Salmond: Do you suggest that he knew the war was coming on? Mr. Payne: Well, as a confidential employee of Focke ho must have had information' that should have come to the British. Mr. Salmond: I have nothing more to ask except to repeat this: Even now, after all this evidence, you' don't withdraw a. 6i"ngle part of tli6 suggestions and accusations made against Grierson P Mr. Payne: No, certainly not. Not, of course, unless confirmatory evidence ix obtained «s to the birth certificate and tho passport. In re-examination by Mr. Wilford, Mr. Payne put in a translation of the inscription on a packet containing postcards, which was an invitation to join the German Defence Society, tho objects of which, as set forth, were to maintain such an aimy as would secure I to Germany her position in tho world. Tho subscription was left to members, but the rate, it .was explained, must not be less than one mark. Saw Him with a German. Mademoiselle Helene do Cleeno said she remembered a man named Wolter, n German, and a member of the French Club, who had been recently interned. On one occasion since the war broke out she had seen Grierson in Lambton Ouav or Willis Street in, company with Woltei-. ! Mr. Neave: You sa7 that this was after the war, about, a year agoP Witness: Tea. Mr. Noave: If it is shown with reasonable certainty that Grierson left Wellington in August, .1914, and did not return until August, 1915, you will admit you .are mistaken. Witness: I must have proof of that; ; Replying to the Chairman, witness said she was sure.that she saw Grierson on some date after Christmas, 1914. Possibly it was more than a year ago, hut it was certainly after Christmas, 191.4. ■ Mr. Neave: If Grierson bliows that he was round about Paeroa about that time, what then ? Witness said she would' require proof. Of all that she had said she was certain. She went on to say that she had recollected the incident in consequence of having been, spoken to on the subject by Madame Boeufve. To Mr. Salmond: Witness was a member of the Anti-German League, but she did'not take any very activo part in the work. "An Officer and a Gentleman." . Mr. Neave called evidence on behalf of Lieutenant Grierson.

The Scraps of Paper. Since he had left England.he had never ceased studying languages, reading everything he could, read, in any language other than English. . Mr. Weave produced the alleged code of seven words, and asked witness to explain what it was. Witness: That document is purely und simply an unfinished exercise in the declension of one or two nouns—masculine, feminine, and neuter noiinß. . . . These words were chosen because there are certain peculiarities about them. The words on the piece of paper, as he explained, were all the nominative cases, and spaces were left for filling in columns below the nominative cases, the genitive, dative, and accusative cases. On the reverse side of the same piece 'of paper which bore the "code/' were certain -sentences in German. He was by no means a perfect German linguist, and when he was going to apply to Mr. Focke for work lio jotted down, a few sentences in tho form in which he proposed to put them—this in order to call to mind the most correct.German. One of tho eentenoes, "According to the above-mentioned agreement," and so on, was a well-known and much-used phrase; and lie took it from Pitman's Commercial German text book. On the "code" was an address m Dresden, and the address was 0110 which ho believed he must have mken from one of many catalogues. The alleged incriminating words, "Gortclon Verlag," were, ho thought, tho name of a publishing or bookselling' firm. It did'not mean, and could not mean that a person named Gortclon would pay expenses. A PleoD of Doggerel. The exhibit Containing the list of prepositions, witness explained next. One sentence was the draft of a memo; ho left for Mr. Fqcko on the occasion when an inquiry was held concerning the Walkure, when that vessel arrived here (before the war) needing repairs to boilers. Five other phrases were extracts from a, German phrase book. On the reverse side was a piece of doggerel by which to memorise German prepositions, and the oases which those prepositions take. The Application for Work in Cermany. The other statement, purporting to he an application for a position in Ger.many, was next expUuned. He had. while with Mr.' Fccke, seen the address of a firm called Foster, Kel, and Co., tiading at Barmen, in Germany. The principal of the firm was Douglas Foster, an Euglishman, and the business was partly in Germany and partly in London. They traded. as export merchants, and tliey were desirous of extending their business in Australasia. As he intended going back to Europe, not thinking of the possibility of the war, he wrote to them asking whether, when! he returned, with a knowledge of New. Zealand, he could have employment with the firm in Germany. In support of his application he asked Mr. Focke for a reference, and tho writing on tho exhibit was the draft of what ho intended to say to Mr. Focke when making the request. He did not write to .Mr. Focko; ho merely made verbal application. He wrote the application to Mr. Douglas Foster, and as Mr. Foster was an Englishman, he wrote in English, forwarding Mr. Focke's reference in English and German. In July, 1914, ho received a reply.. They had misconceived his meaning, having supposed that ho was anxious to ropresent the firm in New Zealand. He wrote-again in July, but the letter was returned, never having reached its destination. Another exhibit contained transcripts in Gorman of certain phrases from a German phrase book. Other exhibits were the fly leaves of books in which die had written, his name, a visiting card printed in Germany, another visiting card with an, English address, and an inscription in-'a book presented to him by a friend in Germany. All the documents produced he < had loft in a box at Miss Murphy's, giving Miss Murphy the key. The police did not search the box in his presence, being content with the birth certificate and passport. _ ' , The Commission adjourned until 10 a.m. to-day, ■'

Staff-Sergt.-Major Harry Beresford Peers, formerly of the First Dragoon Guards, said he had been mounted instructor in the Expeditionary Force for some six months. He had been in touch with Grierson for all that time, He *had at all times .found Grierson "very loyal, a British officer, and a gentleman." _• He had had many conversations with Grierson, and had never heard from him one word to suggest that he was a sympathiser with the Germans. Lieutenant Grierson was well liked by his fellow-officers; and by his Immediate juniors. Mr. Wilford: Mr. Grierson is your superior officer, isn't he f Witness: Yes. . Mr. Wilford: Don't you think it is rathor funny that' you should be hero giving evidence? 'It couldn't happen in England? V Witness >. Jt may be funny out hero. . . I think it is rather a shame that Mr. Grierson unoiild be in iho position ho is in. He added that while he acted as instructor Lieutenant Grierson was'not really his superior officer. Continuing, 'he said he had 6eefl scores of packages of German and other foreign postcards in the possession of Britishers. He knew.Grierson as well as, perhaps hotter than, anybody in the camp, and Grierson was a keen soldier. Lieutenant Crlerson's Career. Lioutenant Grierson gave evidence. He said that he went to a private sciool first at Twyford, near Winchester, in Hampshire. He left that school about 1905, when he was about 13 years old. Ho then went to Cheltenham College, Gloucestershire, and ho was there about three years. At Cheltenham lib . studied German, also Latin and French. After leaving Cheltenham, when ho was about 17 years old', his people decided that ha should go into the cotton trade, and he was sent to Hanover to loam German, for use in his business subsequently. He was there nine months, taking lessons in all subjects, and he worked always from German text-books. Ho learned French from German text books whilo there. Then he went hack to Southampton, where he took private lessons, for some three months. After this, in February, 1909, he went into the business of Crudson and Grierson, at Preston, of which his uncle was managing partner. He remained in Preston for about two years, when he entered the establishment of J. and P.' Coates, Ltd., sewing cotton manufacturers, of Paisley, as what, was known as "a young man in training." The course comprised everything from clean, ing machinery to office work. Ho stayed at Coates's for two and a half to thrco years, and while there he studied French, German, and Russian. Ho was not at work all that time,, because his health broke down. He had two operations —the first in 1912; and the second in April, 1913. On the second occasion ho had leave from April till August, and during that time he visited Gcrmany, staying first for a week in Hanover with somo people of whom lie had made friends. A medical specialist in Germany prescribed for him a course of medicated baths at a place near Cassel, which treatment ho took as prescribed. Then ho went to Frankfurt, and stayed with somo Americans, who were wellknown people there. They had one hour to get out of their house when war Was declared, although they had been there for 25 years; He made a walking tour also in the Black Forest. In all ho was about eigjlit or nine weeks in Germany on this the second and last occasion on which ho visited Germany. Ho returned to' Southampton, in doubt more or less as to what lie should do. On medical advice that it would bo unwise for him to continue in a cotton mill just then, he decided to give it up for a time, say a year. He was advised to come to Now Zealand, where lie had relatives who could look after him. Ho arrived by the Tninui in Wellington on December 23. 1913, and wont straight through to Auckland to his undo at «EESODU At that iinie he w,as unfit for