THE GAUDIN CASE

Lyttelton Times, Volume CXVI, Issue 16751, 5 January 1915, Page 8

THE GAUDIN CASE

REPORT OF THE TRIAL. WAR TREASON IN MINOR DEGREE. PRISONER PLEADS MITIGATING CIRCUMSTANCES. ■ [From Our Correspondent.] :<• AUCKLAND, January 4. F. E. N. Gaudin, a prominent Auckland citizen, holding amongst other public positions a seat on the City Council, was brought to Auckland this morning in the e.s. Navua from Samoa and is now an inmate of Mount Eden Gaol, commencing a sentence of five years' hard labour. The steamer brings 'he first news of the trial, and the sentence, in.view of the nature of the evidence,, is regarded in Auckland as surprising. On the arrival at Apia of the Navua at noon on December 23 an officer camo on board and handed Ga,udin a copy of the charges preferred against him by the military authorities., with an intimation that the Court would sit ab 1.30 that day. It was one o'clock, before the launch reached the shore, consequently Gaudin had no opportunity to prepare his defence nor to consult counsel. The. judges were Major Head (president of the Court), Captain Gibb and Lieutenant Gajscpyne. The charges preferred were as follows: Charge I—Committing an act of '•' war treason," in that he, at Apia, on or about the 30th day of October, 15)14, carried on board the s.s. Navua (1) a large amount of correspondence from subjects of the enemy to several prisoners of war, and thereby assisting the said subjects to eyade censorship of letters, (2) a photograph of the wireless station addressed to Messrs Wilson and Horton, photographic editors of .the " Auckland Weekly News," presumably intended for publication, and thereby evading censorship, and (3) a number of papers of manuscript intended for publication in the "Auckland Weekly News" or other paper, thereby evading censorship. - - Charge 2—Disobedience of the Government regulations, in that he at Apia, on or about the 30th October, 1914, removed from the occupied territories of Samoa a considerable quantity of coin contrary to proclamation 1 No. 3a, dated the 12th day of September, 1914. Gaudin was not represented by counsel, but was allowed to have a friend sitting with him, with whom he might confer if he so desired. The accused pleaded not guilty to treason, but admitted oarrying certain letters under special circumstances, whicli he would explain. To the charge of removing gold from Samoa he pleaded guilty under mitigating circumstances. The Crown Prosecutor, Captain , Neill, explained that as no proclamation had been issued regarding the censorship regulations the only heading under which the charge of carrying nhcenspred letters could be laid was that of committing an "act of war treason," nhder the ■" Law and' Usages of vVar," i paragraph'44s. The accused (emphatically): I will never plead to treason.

The first witness called was,Colonel Logan, who stated that lie knew the accused. Gaudin had called qu him and informed him that he held a captain's commission in the New Zealand Volunteers Reserve. After the 1 Navua sailed witness sent a wireless message to the New Zealand military authorities to detain Gaud'in and search him for uneensored letters for Gorman prisoners of war. He bad received by the return mail a number of letters to various persons (including two . to prisoners of war), a packet of photographs and accused's captain's commission. ' '• ' '

A. Tattersall, a photographer, of Apia, stated that a Few minutes before the Navua sailed on October.'3o, and long after the mail had closed, he saw Gaiidin on his way to the steamer, and askd him to take a packet of photographic views to Wilsons and Horton. On being shown the photographs by the Crown Prosecutor witness identified them as his work, one view showing the wireless station at Apia. Accused got W consideration of any kind for taking the packet, but did so simply to oblige witness. The next witness was George Westbrook, Apia correspondent to the " New Zealand Herald." He stated that some time ago he had'posted a letter to Wilsons and Horton, Auckland, and as witness thought the letter must have miscarried he addressed a press copy of the manuscript to Wilsons and Horton. and asked Mr Gaudin to take charge of it. This was on October 80, the day the Navua sailed. The accused just took the letter to oblige witness, as they had been friends for many years. K. Hansen, manager of the D.H.P.G. (the large German firm), identified a letter that he had written on October 30 to Dr Schulte, late Governor of Samoa, and now a prisoner in New Zealand. Witness* stated that the letter was passed out of his privato office, open to the public or outer office, to be posted in the ordinary way. He did not'know why his clerk had not posted it. The clerk was not now in Samoa. Witness oresumed the letter must have been put in with the business letter which it was the custom to hand to Kronfeld's representative when a steamer was leaving for Auckland. Kronfeld had been his company's agent in Auckland for over twenty years, and when Kronfeld or any of his firm visited Samoa they were the guests of the Company, as Mr Gaudin was in October last. ' ••'•'

G. Klinkmuller, late a German Government official, stated that he had met Mr Gaudin at dinner and had requested him to take charge of a suit case containing laundry, for ilr Mars, secretary to Mr Schultz. MiMars was.not a prisoner of war, but had been allowed to accompany Dr Schultz to Motuihi. Accused said, "With pleasure." On the clay tlfc Navua sailed witness handed Mr Gaudin a,letter for Mr Mars. Accused then asked witness what was in the letter', and be replied. "Nothing that will get vou into trouble with the authorities.*'

Cross-examined by accused, witness stated that accused got no consideration of any kind for undertaking the forwarding' of the suit-case and letter. At this point the Crown Prosecutor said he wished it- clearly understood that there was no allegation that the Recused \received money for conveying correspondence. E. Reye, lately an official nuder the German Government, admitted that he had'handed the accused £2O. partly in gold and partly in notes and partly in silver. Probably rather more than half was in gold. The money was to repay Mr Kronfeld in Auckland for cash He (Kronfeld) had disbursed on account of witness's ward in Auckland, young Hufnagel: Witness had not read the proclamation prohibiting the export of gold from the island', nor did he take the newspaper. :^ The next witness was W. Holzeit, a German storekeeper in Apia, who stated that he did business with Kronfeld, Limited. In October last he gave Mr Gaudin an order for goods and made a payment off bis old account, such payment including £lO3 in gold. . At that time he owed Kronfeld, Limited, about £4OO. This closed the case for the prosecu- , tion..

The accused made a statement which admitted the accuracy of the evidence. He could solemnly assure the. Court that he was innocent of any intentional wrongdoing or act of war treason. It had been his honest intention to forward the letters for the Germans through the proper authorities and he never for one moment thought of doing otherwise* He felt sure no one would hand him anything that would not pass the censors. The various letters were carried quite openly in a small unlocked handbag. There was no attempt at concealment and the letters were all promptly and freely. handed to Detective Hollis when requested on October .30. He (accused) had been very busy all day right up till five o'clock, and was so preoccupied that he Was not on his guard. If he had been guilty of an indiscretion and had unwittingly broken the, military laws ha deeply regretted it. , - . The Crown Prosecutor, Captain Neil, then briefly addressed the Court. He said that before the case was tried he had taken a . serious view of the charges, but .after hearing the evidence and accused's statement he would present a very different speech from the original one he had prepared, as he had now modified ib much in the accused's favour. How ever, it had been proved- that '' war treason" under " Laws and Usages of War" had been committed in a minor degree, indeed, a very minor degree None of the letters had contained any tiling treasonable or of importance. i The Court was then cleared while the j judges considered their verdict. In few minutes the Court resumed, and the president, Major Head, announced that the accused had been found guilty on charges 1 and 2. '■ After the verdict evidence was takeu as to character. _\ Major William . Kay, of the 3rd Auckland Regiment, said, he had known accused intimately, since his boyhood. They had' been closely associated, first in athletic and later in military circles, and Gaudin had done splendid work in the Volunteer Force. He was one of the founders of the Officers' Club, which still .flourished in Auckland. Witness did not know exactly what the charges against the accused were, but he knew his character so well that he felt certain he was absolutely incapable of committing an act of treason. • •'■ ,>•;';■•' , .M. M'Callum, an Auckland merchant, testified that he had known accused for twenty-five years and had always found him the soul of honour. Gaudin was well known and highly resI, pected in Auckland and as a member of various local bodies and mercantile and social associations had done yeoman service for the public for many years. THE SENTENCE. The Court was then adjourned, the accused -being informed that sentence would be passed later and communicated to him after confirmation by: the Military Governor. .The prisoner was returned to the barracks, and at ten o'clock next- morning- was ordered on board the Navua. Just before embarking in the launch Captain Tottenham read to him the sentence of the Court, via.', five rears' hard labour. Gaudin asked: "To whom can I appeal?" Captain Tottenham replied: To no Court in. the wotW." PETITION FOR REMISSION OF SENTENCE.

A petition to the Governor for remission ,of the sentence was oromhtlv started. Gaudin being well and favourably knoWn among all the residents of tm> ~ ; ... '• ■'■;■' ..,■,': :~' «. ,

MILITARY AUTHORITIES REFUSE INFORMATION. TPbk Press Association.]

AUCKLAND, January -\

The military authorities have thus far declined to give any information whatever about the trial of Gaudin at Samoa and the charges brought against, him. Owing to tho mail steamer leaving Apia immediately after the trial the newspaper correspondents in Samoa wore unable to send any report of the proceedings, and the'only report available is that published in the " Western Pacific Herald," of Suva, where the mail steamer lay for a couple of days on her return voyage awaiting cargo. Major Head, who was president of the Court, left for Wellington by the midday express to.-dny.