A CIPHER RADIOGRAM

Dominion, Volume 11, Issue 245, 4 July 1918, Page 5

A CIPHER RADIOGRAM

PROSECUTION IN MELBOURNE.

■Tho sending of a radio-telegram in. code from Mclbourno to King Island led to tho prosecution in Melbourne, of Frank Forbes, accountant, of Collins 6treet, on a charge of having, on April 25, 13)3, contrary to the War Precautions 'Regulations, and without lawful authority, used a cipher adapted for fiecretely communicating naval informa. tion. A further charge of having on tho same, date, made, in writing, a statement in a radio-telegram which was likely to cause public alarm, namely Haider about coast," which telegram was addressed to "Bertram, King Island, ' was also preferred against Forbes. Mr. Bryant (instructed by (.ho Federal Crown solicitor) conducted the prosecution, and Mr. Pigott (instructed by Messrs. Seton Williams and Heutlifiehl) appeared for Forbes, who nlcaded nut guilty to both charges. ■* Mr. Bryant said (hat the penalty provided cm conviction was a iiiio of JdlOO, or imprisonment not exceeding six months, or both. Forbes had. some interest in King Island. On April 23 hi> sent a radio-telegram in cipher to ono Bertram on King Island. Forbes had been in tho habit of sending press messages to a newspaper there, which in tho ordinary course of events would be censored. He, however, conceived tho idea, and ho and Bertram would arrange Bomo means of communicating important information. On April 25 thero were rumours that a raidev was about tho coast. On April 25 Forbes sent to Bertram Iho iollowiiig radio-telegram, which was not submitted'to tho censor:— ""

"Itobinson. and Ingram decided every reason accepting Bradiuoros offer unless trust committee opposed any shorter term."

Continuing, Mr. Bryant -said that Forbes really intended to oommunicato to Bertram that, there was a raider about 'the coast, as if the h'ret letter of each word were taken the message "Raider about const" was spelt. That Bertram understood it was quito evident, as ho replied, in a similar, way, his radio-tele-gram reading:—

"Friends leaving Ynmbacooma owing violent eruption Buapehu." Tho first loiter of each word gavo tho answer "Fly over." A raider, which was usually fitted with wireless, could ha,ve picked up such a message as Forbes had sent, and as the operator, oa her would presumably havo been skilled in reading code messages it would have been a warning to her. and she could have succeeded in getting away before our forces could have intercepted hea\ Ho had been instructed not to press for heavy penal-, ties. The Minister merely, desired that the public should be informed that line kind of thing could not be' allowed.

Evidence in support of tho case for tho prosecution was given by several witnesses.

■ Frank Forbes, the defendant, said that at the tinio when the telegrams wero sent the matter referred to was being discussed in the public prese. The tele■grain to Bertram was private, and not for circulation. Only the press telegrams were posted outside tho office of the newspaper at King Island. -■■• : •

Mr. Bryant: In your replies when questioned by tho Naval authorities, a report of which was taken by a shorthand writer, you 6nid: "I havo influence oa the island, and what I soy goes." Witness; It does. You aro .1 big bug there P—"No, I am a little tin god." (Laughter.) Mr. Pigot submitted that there was no ovidenco to show that any offence had been committed, as tho cipher had not been adapted for secretly communicating naval information. The statement which Forbes had made could not cause public alarm from the very fact that it was in cipher, and a cipher, also, was not a statement in writing. His client, however, wished him to say that he very much regretted his action, as ho had had no wish to offend against tho regulations.

Tho marshal said that ho found the defendant guilty on both charges, but he did not think that Forbes had 6ent this message with any ulterior motive, Wi merely with tho object of disseminating tho nows that there was a raider about. The regulations under which the prosecution was taken had been framed with tho object of preventing the kind of thing of which the defendant had been 1 guilt) - . Tho dc-fondant's act, he believed, had merely been thoughtless, and he would therefore only inflict a fino of £1 10s. in each case, with JCO 6s. costs.