FIVE YEARS' FOR TREASON.

Taranaki Daily News, Volume LVII, Issue 177, 5 January 1915, Page 8

FIVE YEARS' FOR TREASON.

GAUDIN'S CRIME. A MINOR BREACH OF THE LAW. liy Telegraph.—Per Press Association. Auckland, Last Night. Advices received by the Navua show that Gaudin was charged with committing an act of war treason by carrying con-espoiuler.ee from subjects of the enemy to several prisoners of war, thereby assisting to evade the censorship. also photographs and correspondence intended for the Herald. Further with taking gold coin out of Samoa contrary to proclamation. Accused pleaded guilty under mitigating circumstances.*

Colonel Logan stated in evidence that after the Navua sailed on her last trip he sent a wireless message to the New Zealand authorities lo detain Gaudin and search him for uneensored letters for prisoners of war, and received by return mail a number of letters, including two to war prisoners, a packet of photographs and accused's captain's commission.

A. Tattersall, photographer, stated that after the mail closed on October 30 he asked Gaudin to take photographic news to the Herald. Gaudin agreed to take it to oblige witness. George Westbrook, Herald correspondent, said that as his previous letter had not appeared, and tlie censor said he had not stopped it, he asked Gaudin to lake a copy of the manuscript. Accused took the letter to oblige him. K. Hansen, manager of the D.H.P.G., stated that he had written a letter to Dr Schultz, late Governor of Samoa, which it was intended to send through the post in Gie crdiiiarv way. His clerk, who isail Samoa, instead put the letter with Kronfeld's business letters, which were handed to Gauil'n. (1. Klin'xmnV.er, a J»l«» German ofli- :. !-•:>i'l he handed a letter to Gaudin

ii. wtiiin.'d I'ollii:!-; would would' get him it';,o (rouble. F.. Keyl, en e\-f!ernian official, ad-i-iilt''d handing Gaudin £2O, partly in gold, to repay Kronfehl for cash disbursed c:i account of his ward.

Wholzeit, a Uemnn storekeeper, said lie gave Gaudin t' 1 • ! !> in gold as part payment of a debt of ,£-'.OO. The Crown Prown'.or said before the case was tried 1:" had taken a serious view of the charges, but had now modified it in accused's favour. However, it had been proved that war treason had been committed in a minor degree. After hearing evidence as to charaetr r the court sentenced Gaudiu to five years" imprisonment.

j FURTHER DETAILS. | EXTENUATING CIRCUMSTANCES PLEADED. I j WITNESSES FOR THE DEFENCE. i Auckland, Last Night. | On the arrival at Apia of the steamer J Navtia at noon on December 23rd, an | oliieer came on board and handed' F. E. jN. Gaudin a- copy of the charges preferred against him by the military authorities, with an intimation 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 I nor opportunity to prepare bis defence, nor to consult counsel. Although the | Court was open to the public, none of i the civilian residents were aware of the fact, or that the trial was .proceeding. I The case was quickly despatched in military fashion. i The accused was not represented by counsel, but was allowed to have a friend sitting with him, with whom he ; might confer if he so desired. When called upon to plead, accused asked to be allowed to make an explanatory statement of various matters in the charges, after which 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 after the various witnesses had been heard. Accused then pleaded not guilty to treason,- but admitted carrying certain letters under special circumstances, which he would explain. To the charge of removing gold from Samoa, lie 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 unccnsorcd letters could be laid was that of committing an "act of war treason" under the "Law and Usages of War," paragraph 445.

Accused (emphatically): I will never plead to treason.

A. Tattcrsalls, photographer, of Apia, stated that a few minutes before the Navua sailed on the 30th October, and long after the mail had closed, he 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, nor could lie (witness) remember exactly, but they were a lot- of views of Samoa. On being shown photos, by the Crown Prosecutor, the witness identified them as bis work, one view | showing the wireless station at Apia. Accused got no 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. 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 bpen stopped by him. Tlie censor had replied in the negative, and as witness thought the letter must have miscarried, he addressed his press fiopy of manuscript to Wilson and Horton, and asked Oaudin to take, charge of it. This was on 30th October, the day the Navua sailed. The accused just took the letter to oblige him, as they had been friends for many years.

K. Hansen, managir of a Herman firm, identified a letter tlia" be bad written on 30th October to Dr. Schultz, late Governor of .Samoa, and now a prisoner of war in Xow Zealand. Witness stated that the letter was passed out of bis private oliice open, to the public, or outer, office, to be posted in the ordinary Way. He did not know why his clerkhad not posted it. The clerk was not now in Samoa. Witness presumed the letter must have been put in with business letters, which it was the custom to hand to Kronfeld's representative wlien a steamer was leaving for Auckland. The letter addressed to Olnc (produced) would also be forwarded in this way. Olne was manager of his company's branch at TJaapai, Tonga. Kronfeld had been his company's agent in Auckland for over twenty years, and when Kronfeld or any of bis firm visited Samoa they were guest:-, of the company, as Gaudin was in Ocotbor last. T.ho next witness was U. Klinkmuller,

late German Government official, ivLJ stated that lie had met Gaudin at dinner, I and had requested him to take charge of { a suit of clothes, containing "laundry" for .Mr. Ifors, secretary to Dr. Schultz. Mr. Mars was not a prisoner of war, but had been allowed to accompany Dr. Schultz to Motuihi. lAccused had said, "With pleasure," that lie was acquainted with the officer in Auckland, and would have the bag forwarded. On the day the Navua sailed witness handed Gaudin a letter for Mr. Mars. Accused then asked , witness what was in the letter, and he\ replied, "Nothing that will get you into trouble with the authorities," or "with I the censors." . e

Cross-examined by accused, witness stated that accused got no consideration of any kind for undertaking the for-' warding of the suit-ease and letter. At this point the Crown Prosecutor said he wished it clearly understood tliat there was 110 allegation that the accused had received money for conveying correspondence. K. Reye, lately an official under the German Government, admitted that he had handed the accused £2O, partly in gold, partly in notes, and partly in silver, but probably rather more than half was in gold. The monay was to repay Mr. Kronfcld in 'Auckland for cash be (Kronfcld) 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. TTolzeit, a German storekeeper in Apia, who stated that he did business with Kronfcld, I.td. 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 Kronfcld, Ltd., about £4OO.

This closed the ease for tlic prosecution.

Accused then marie n statement, which admitted tile accuracy of the evidence. He could solemnly assure the Court that lie was innocent of any intentional wrongdoing or act of war treason. It had been liia honest intention to forward the letters for the Germans through the pro-1 per authorities, and he never for one moment thought of doing otherwise. Hci 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 anil freely handed to Detective Hollis when requested. On the 30th October he (accused) had been very busy all day, right up till 5 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 military laws, lie deeply regretted it.

The Crown Prosecutor briefly addressed the Court. It bad been proved that "war treason" under 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 ts>e Judges considered their verdict. In a few minutes the Court resumed, and the president (Major TTearl) announced' that accused had been found guilt}' on two charges. After the verdict, evidence was 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 liis 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 tlie severe sufferings already endured, not only by Recused, 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 Navim.

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 favorably known among all the residents of Apia. The sentence is regarded in Auckland as severe, and there is so'ne talk of an indignation meeting beim; held. Commenting on the s- .itenee passed on F. E. Gaudin, the Christcliurch Press says editorially:—"The charge on which Gaudin was arrested was that of carrying correspondence for an alien firm. He is a member of a Gorman firm of merchants in Auckland, carrying on business with the South Sea Islands, and it was alleged that lie carried correspondence from Germans in Samoa for the purpose of forwarding it to Germany. Assuming that the charge was satisfactorily proved, as we are bound to do, we do not think the sentence is one whit too severe. The carrying of correspondence •for an alien enemy in war-time; is a highly treasonable act, and may be. the means of inflicting very serious injury on one belligerent, with corresponding benefit to the other. Gaudin's offence "was the more flagrant because he was a native of New Zealand, and was entrusted by the New Zealand people with public positions of honor and confidence. He bad even held his commission as an officer in the Defence Force. 'Hitherto we have been disposed to treat the enemy in our midst with too much leniency ; when one of our own subjects, however, is discovered in an act of treachery, the 1 ofTence can hardly be dealt with too severely." Auckland, Last Night, ■ • I.he military authorities have thus far declined to give anv information -whatever about the trial of Gaudin at Samoa and the charge* brought against iiim. Owing to tlie mail steamer leaving Apia immediately after the conclusion of ihc trial, newspaper correspondents in Samoa were unable to send any report 01 ««'• and the. only rep ,H available is that published ill tlie Western ■ Pacific Herald, Suva; where tlie mail steamer lay for a coupld of d.m in her return voyage awaiting Major Head, who Tvaa .present of tn° court, left for Wellington -by the midday opre 1 o-;:: 1 v.