GAUDIN’S CRIME.

Stratford Evening Post, Volume XXV, Issue 3, 5 January 1915, Page 8

GAUDIN’S CRIME.

ACCUSED ON TRIAL. I/eu i'uEsa Association. Auckland, January 4. On the arrival at , Apia ot the steamer Navua at noon or. December 23rd, an officer ciime mix I'oaru and handed F, E. X. Gaudin a copy ol the charges preferred agamst him by ■the military authorities, uilh an in timation that the Court would sit at 1.20 that day. it was 1 o'clock before the launch reached the shore, consequently Gaudin Had no time nor opportunity to prepare his defence; nor to consult counsel. Although the Court was open to te public, none of the civilian residents were aware of the fact, or that the tiial was proceeding. The case was quickly despatched in military fashion. The accused was not represented by counsel, but was allowed to have a friend sitting with him, with whom he might confer it he so desiied. When called upon to plead, accused asked to be allowed to make an explanatory statement ot various matters in the charges, after winch the Court could call its witnesses to prove or disprove this statement. This course was not allowed, the Court directing that ' accused must first plead guilty or not guilty, and that he might make a statement alter the various witnesses had been heard. Accused then pleaded not guilty to treason, but admitted carrying certain letters under special circum dances which he would explain. To u e charge of removing gold from Samoa, he pleaded guilty, under mitigating circumstances. The Crown Prosecutor, Captain Xeiil, explained that as no proclamation had been issued regarding the censorship regulations, the only beauing under which the charge of nig uncensored 'letters could bo a,< was that of committing an “act ot war treason” under the “Law end Usages of paragraph «5. Accused (emphatically): 1 " ” never plead to treason.. A. Tattersalls, photographer, of Apia, stated that a few minutes before the Navua sailed on the 30th October, and long after the mail had closed, lie saw Gaudin on his way to the boat, and asked him to take a packet of photographic views to Wilson and' Horton. Gaudin did not know, or ask, what the photos were, no could he (witness) remember exactly, but they were a lot of views of Samdk. On being shown photos, by the Crown Prosecutor; the witness identified them as his work, one view showing the wireless station at Apia. Accused got no consideration of any kind for taking the packet, hut did so simply to oblige witness. The next witness was George Westbrook,* Apia correspondent to the New Zealand Herald. Witness stated that some time ago he had posted a letter to Wilson and Horton, Auckland, and as the letter had not appeared in .the Herald or the Weekly News, he made inquiries of the censor in Apia, as to whether any letters of his to Wilson and Horton had been stopped by him. The censor had replied in the negative, and as witness thought the lett'er must have miscarried, he addressed his press copy of manuscript to Wilson and Hortan, and asked Gaudin to take charge of it. This was on ,30th October, the clay the Navua sailed. The accused just took the letter to oblige him, as they had been friends for many, years. K. Hansen, manager of a German firm, identified a letter that he had written on 30th October to Dr. Schultz, late Governor of Samoa, and now a prisoner r of war in New Zealand. Witness stated that the letter was passed out of his private office open, ro the public, or outer office, to he posted in the ordinary way. He did not know why his clerk had not posted it- The clerk was not now in Samoa. Witness presumed thp letter must have been put in with business letters, which it was the custom to hand to Kronfeld’s representative when a steamer was leaving for Auckland. The letter addressed to Dine (produced) would also lie forwarded in this way. Olne was manager of his company’s branch at Haapai, Tonga. Kronfield had been his company’s agent in Auckland for over twenty years, and when Kronfeld or any of his firm visited Samoa they were guests of the company, as Gaudin was in October last.

The next witness was G. Klinkmuller, late German Government official, who stated that he had met Gaudin at dinner and had requested lain to take charge of a suit of clothes, containing “laundry” for Mr Mars, secretary to Dr. Schultz. Mr Mars was not a prisoner of war, hut had hoen allowed to accompany Dr. Schultz to Miotuihi. Accused had said “With pleasure,” that he was acquainted with the officer in Auckland, and would have a hag forwarded. On the day the Navua sailed witness handed Gaudin a letter for Mr Mars. Accused then asked witness what was in the and he replied, “Nothing that will get you into trouble with the authorities,” or “with the censors.”

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 accused had received money for conveying correspondence. E. Reye, lately an official under lh© German Government, admitted that be had handed the accused £“0, partly in gold, partly in notes, and

partly in silver, litit probably rather more than half was. in gold. The money was to repay Mr ivroufeld in Auckland for cash he .(Kroufeld) had disbursed on account of. witness’ ward in Auckland. 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. Holzcit, a German storekeeper in Apia, who stated that he did business with Kronlield, Ltd. In October last he gave Gaudin an order for goods, and made a payment of his old account, such payment including £lO3 in gold. At that time he owed Kronfeld, Ltd., about £4OO.

This closed the case for the prosecution.

Accused then 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 tor 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 any concealment, and the letters were all promptly and freely handed to Detective Hollis when requested. On the 30th October he (accused) had been very busy all day, right up till o o’clock, and he was so pre-occupied that he was not on his guard, if lie had been guilty of an .indiscretion, and had unwittingly broken the mili tary laws, he deeply regretted it. The Crown* Prosecutor briefly addressed the Court. It had been proved that “war treason” Wider the “Laws and Usages of War” had been committed in a minor degree—indeed, a very minor degree. None of the letters had contained anything treasonable, or of importance. The Court*was then cleared while the Judges considered their verdict, in a few minutes the Court resumed and the president (Major Head) announced that" accused had been found guilty on two charges. After the verdict, wlas taken as to character.

Major William Kay, 3rd Auckland Regiment, and Mr McCallum, an Auckland merchant, gave Gaudin an excellent character. The latter gave evidence as to the suffering accused had already endured through his seven weeks’ detention on these charges, and to the injury his good name had suffered through some unfounded and utterly untrue accounts of his case having been freely circulated, both in Auckland and all over the South Sea Islands. Mr McCallum made an earnest appeal for the leniency of the Court on account of the 'severe sufferings already endured, not only by accused, but by his family. Imprisonment of any kind would be a terrible thing, not only for a man in accused’s position, but for his wife and little children.

The Court was then adjourned, accused being informed that sentence would be passed later, and communicated to him after confirmation by the Military Governor. The prisoner was then returned to barracks, and at 10 o’clock next morning was ordered on board the Navna.

Just before embarking in the launch Captain Tottenham read to him the sentence of the Court, viz., five years’ hard labor. Gaudin asked: “To whom can I appeal?” Captain Tottenham replied: “To no. Court in the world.”

It is understood that a petition to the Governor for a remission of the sentence was promptly started, Gaudin being well and favourably known among all the residents of Apia. ; The sentence is regarded in Auckland as severe, and there is some talk of an indignation meeting being held.

( 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 the mail steamer leaving Apia immediately after the conclusion of the trial, newspaper correspondents in Samoa were unable to send .any report of the proceedings, and the only report available is that published in the Western Pacific Herald, Suva, where the mail steamer lay for a couple of days on her return voyage awaiting cargo.