STORY OF THE CASE

Evening Post, Volume CVIII, Issue 151, 23 December 1929, Page 11

STORY OF THE CASE

Franz Swoboda, a Czecho-Slovak, who was charged with the murder of Lance-Corporal Cyril Cromar, 15th Otago Infantry, on 17th February, 1919. The trial begaa on Saturday, 24th July, 1925, before a special Military Court at Cologne, presided over by Colonel-Commandant W. G. Mas-well-Scott.

Swoboda, who fled into unoccupied territory the day after the alleged murder, and was arrested on 26th January, 1925, when he returned, *o visit his sick father, had been in custody ever since, awaiting the arrival of an essential witness from New Zealand. The witness reached Cologne at 7 o 'clock on the date of the trial, which commenced three hours later.

Under the President's advice the accused pleaded "not guilty." Pour German companions of Swoboda gave evidence that they met at a cafe and discussed arrangements for cutting off the hair of girls found consorting ivith troops of the Armies of Occupation. On the Rhine embankment they found two New Zealand soldiers with giris, and surrounded one couple and adopted a menacing attitude. The ■witnesses were at variance regarding the assertion that Cromar drew his bayonet. They all ran away on hearing a shot. ■

Maria Essen, a girl who was Cromar 's companion on the occasion in question, said that Cromar sent her away when the Germans came up and adopted a threatening attitude. Cromar whistled and called his comrade, who ran up to his assistance. She returned later and saw Cromar lying dead.

William Osborn Clark, the New Zealand witness, said that he heard Cromar call out, "Bill, come and help me shift some of these Huns." The witness ran up and stood at Cromar's side, when suddenly a shot was fired, and Cromar fell dead. He was positive that Cromar's bayonet was never drawn out of the scabbard. .

Tho prisoner, in a voluntary statement, which was read out, said: "As the New Zealander sprang towards me, with a drawn weapon, and I had a revolver with me which I had found, I shot at him with it." He added that he was under' the influence of drink. Swoboda stated that he was called up to the Austrian Army in 191S, and served on tho Western Front.

The prosecution submitted that the crime was premeditated, and asked for a verdict accordingly. Swoboda on the following day was found guilty of murder and sentenced to death. The death sentence was subsequently reduced to one of life imprisonment.