1929-06-07 — Page 2

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THE HONGKONG TELEGRAPH.

TRIAL OF MAJOR OGILVY.

QUESTION OF A SECRET DOCUMENT.

COLONEL QUESTIONED.

FRIDAY, JUNE 7, 1929.

Major Ogilvy was in charge of the OUTBREAK OF FIRE. you battalion on the three weeks' trip

The Judge Advocato to Major Milos:-Does that satisfy Yoo.

"

Is everybody satisfied? Asked the Judge Advocate..

The Judge Advocate took silence as consent.

Question, of Responsibility. Mafor Miles to witness:is the Adjutant responsible for, oficial documents 7-He is responsible to At the Court Martial which In the Commanding Office, and the sitting at Murray Barracks, yea-Commanding Officer is responsible terday, while the ovdience of to the War Office. ‚' Lieut. Colonel Comyn was being The Judge Advocate:I have taken, it was stated that when the got it down that the Officer Com- Colonel took over from. Major Ogilvy, who is accused of negli manding is responsible for secret gence whilst acting as President of the Regimental Institute, a secret pamphlet was found to be missing. The Colonel instituted inquiries and the document was recovered.

documents.

Major Miles:-How many days after the battalion. arrived in Hongkong.did you recover the secret document?--Within one or two days. As a matter of fact Major. Miles subjected, Lieut.- the document was not lost for a Colonel Comyn to cross-examina-ight. Possibly it was one and tion yesterday afternoon, asked him when he took over com- mand of the Regiment did he also take over the documents from the necused.

When did you receive the docu- ments?, he asked.

Theoretically in Hongkong, re- plied the Colonel.

And then you assumed practical responsibility -No. Nothing of the sort. 1 assumed theoretical not responsibility. Certainly practical responsibility.

a

two hours..

or

The Judge Advocate:-One' or two hours? Well, say for some hours,

Major MilesAt the time you refer to the document was in your possession and you were respon- sible for it? Yes.

In 1027-28 did you assume that the accused was.cognizant of the contents of the pamphlet?-Of Its existence, yes.

That is not the question I asked. I said the "contents."

The Judge Advocate to witness: Do you assume responsibility What do you say of the contents? Witness: I say that the exist- for this document? (Here Major Miles produced secret donu-ence of and the general purport ment) assume responsibility of the document must have been for this document only in Hong-known to the accused. As to the kong.

actual contents I am not quite sure Where was it handed to you of them myself. In Hongkong. Very soon after our arrival here.

The Judge Advocate:-This is rather important. Do you know the actual date?-1 can only say that it was shortly after we arriv- ed in Hongkong.

Major Miles:-Was the accused. Major Ogilvy, responsible for the safe custody of the documenta until you took over from him? Yes. That is so.

Did you ever nak him personally to hand over the documenta to you? No. I did not.

That is so-Yes.

Then, did you ever form the accused whether the documents were correct or otherwise 1---No. did not. But the documents were correct.

The Judge Advocate:-You-Ray the documents" were correct? Yes. They were correct,

Any

from Egypt? He was responsible for a very secret document which he had to take from one C.O, and hand over to another.

CRACKER-SHOR, PREMISES.

SUFFER DAMAGE.

· Ayamall fire broke out last night

Do you base, your assumption. that he was cognizant of the facts, that he knew the contents of the shortly after eight o'clock at a secret, pamphlet, while the batta-Chinese: fire-cracker, shop, No. 70. lion was on the move? Not en Queen's Road West, in one of the tirely. But he was responsible for most densely populated parts of,

Major Miles:-But that is no receiving all official documents, answer at all!

The President:-But he says not entirely."****

The Judge Advocate-He says that he was responsible for the cecret document. That is all.

Colonel Comyn:—I can give you further explanations IL. UN

the town.

Exactly how the outbreak oc- curred is not known at present, but according to neighbours. It is said that columns. of: smoke wera› seen rising from the first floor of the shop, the, Yes, Cheung Chop Following the alarm raised, three fire engines and a number of police officers promptly arrived on The President:-I don't think the scene, when it was found that you had better, Wait until you the first floor was alight. A nunt- are heked questions, and then anber of hydrants were opened, and swer them.

the flames ware controlled after about twenty minutes.

Major Miles to witness: Are Becrot documents-kept in a sufo But in the Regiment?—Yes, when we came to Hongkong we had not got a safe. We have

one now.

Do you agree that no person but the Officer Commanding and the Adjutant has access to the secret documenta? Naturally so.

The first floor and parts of the second floor appeared to have been badly burned and damaged by water, as well as the goods stored

the

ground premises. The pied by Messrs. Yee Cheung, ground and first floors were occu- deniers in Are-crackers and paper. A number of fakis' working in the So. Well when did you discover shop were later interrogated by the existence of this letter (pro- the Police as to the cause of the duced) -When I was naked to outbreak. It is understood that turn up the records four

days

to-one was hurt. Boy Scouts and ago.

of the St. John Am- members The Judge Advocate:Until bulance Brigade were in attend- which time you were not aware of. the contents 1-Yr. That is 50.

Major Miles:-You have no The turning on of the water in proof that the letter was seen by the mains enabled large numbers the accused?-None except that of Chinese to draw water from the

hour. copies were distributed to Com-street fountains for upwards of an pany Commanders.

ance.

ا

Major Miles to the Court:-Is not that irrelevant?

The President: It is quite re-stated in his evidence that the Corporal was not satisfactory. levant.

Dees that surprise you? Asked Major Miles.

Major Miles:Did you assume that the accused was cognizant of the contents7-I have already an- swered that to the best of my abili ty. All I can say is that I knew the general purport of the docu-issued ment,

The Judge Advocate to Major Miles-The general purport is "on sight," or on "the face of" the document.

Statement Qualified:

to Colonel President The Comyn:-You have not answered it. the question. Please answer Did he or did he not know the contenta.of the secret document? Colonel Comyn:-I must qualify my statement.

The Judge Advocate:-Surety the question is a frank and simple one? If you assume a thing you nssumo it. If you don't assume It, well you don't assume it. It is a simple enough matter!

Major Miles to witness:-Did you assume that the accused was aware of the general contents, of the pamphlet?Yes, I did,

and

the

nt

Document Missing.

Major Milen-Have you knowledge of that particular docu-

On what facts did you base 'ment? Have you any knowledge of it being raissing? Yes. The your assumpton? Because he had

to hand over to me not forthcoming pamphlet in question was missing. document was when required it and a search

Do you say missing?--I would was instituted.

not say missing. I would say that When you discovered. It was it was not forthcoming. There missing did inform the was considerable excitement

you accused? No. I do not think the time. that I informed him at all. I do Major Miles:I say that the not remember seeing the accused accused had no knowledge that in this respect.

this document had been mislaid. If, as you allegr, the document Do you agree with that, Slr?--No, was missing, do you hold the I disagree.

Have you any reason to believe accused in any way responsible? -Yes.

The aethel the accused did know Undoubtedly. used was responsible until he the document was. mislaid? You stated in your evidence that the accused had a general knowledge of the contents of this secret pamphlet. Well, how long had he had command of the Regiment when you took over?-Probably three weeks. But he....

janded over to me

Here Major Miles addressed the Judge Advocate and said: am not satisfied with that. The witness has already stated that he assumed entire responsibility. The Judge Advocate:-It seems to me that when the witness took over the documents the document in question was adrift. It may have taken an hour or so to re- cover it, or it may have taken a week or so to trace it.

Major Miles: When it Was mlasing did you hold the accused responsible Yes.

thai

111,

The Judge Advocate-Please answer questions. That in And then we shall get on mitch quicker,

In Charge of Battalion. Major Miles:-During the time that Major Ogilvy was in mand the Regiment was on the move from Cairo-Yek.

Major Miles: Do you agree that on the date on which It was from Battalion H. Q.

Not at all, replied the Colonel. the accused was not present?-

I am not responsible for that I find Yos. From the records

have said. 1 found Corporal that the accused was sick at the which Lieutenant Kelly might time. When the letter reached Hendry very satisfactory in carry- his Company he was sick,

The PRI. Duffes.

ing out his duties in connexion As a mat. with the officers' mess. ter of fact I found him perfectly

Major Miles:-Would it be un-antisfactory. usual for any officer but the

Major Miles:-Are there any Second In Command to perform written instructions regarding the the duties of P.R.I.?-Unusual? I don't understand you.

Would it be unusual for any other officer?--Yes. It would be unusual..

Are the duties of the P.R.L. laid down anywhere?-No.

duties of P.RI. clerk ?-Not that I know of

Does the PR.I. clerk still carry out, duties as clerk to the messing officer?—I think not.

Major Miles:You think not! Do you agree that there are no I put it to you that it has appeared instractions in existence at all?-in regimental orders and you I cannot remember.

Buy you "think not."

In the case of the accused did you assume that. ho knew his duties? Yes.

Colonel Comyn:-May be. But that is different to me saying that a thing is definite. I am not cor-

tain.

Was the accused responsible for anything done by Corporal Hendry in connexion with the messing account? No, Corporal Hendry would be under the messing

How many clerks are there in the P.R.. office now? Does that question arise? Anyway, I think that Major Lake has two or three, How many were there when the accused was F.RI.7-As far as I know only one-Corporal Hendry.

Does the P.R.1. clerk draw extra officer. duty pay?-I think not.

Was the accused's only, duty as You appointed Corporal Hendry.P... to check Army Book 48 with did you not? Yes.

the hank book in connexion with

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Do you agree that the duties of messing?-There was also general the clerk to the P.R.J. are import supervision. Section 3 of para. 1 ant and responsible? Yes. I do. nt Army Orders lays down that When you appointed Corporal "the second in command will Hendry to relieve Sergeant Wylio assist the Commanding Officer in I presume that you had thoroughly the supervision of the Battalion."

Did you hold the accused gone into the question of his capabilities?Yes, I was satis-ponsible for the men's mossing? fed.'

Yes. As second in cominand he Did you ask for any recom- mendations from Regimental of everything.

is responsible for supervising ficers? No. The reason was that

If anything went, wrong would Corporal Hendry had been em- played in a similar capacity in the would consider generally that the No. 61B, Top Floor, Wyndham St. you hold him responsible?—1

1st Battalion,

A

Are you sure that he was the second in command should come P.RI.'a clerk in the 1st Battalion? to me and say "I suggest this or

What do you mean? As a mat

that."

ter of fact I thought it would be Do you hold the accused, as, a waste of a good sergeant to do P.R.I. responsible for any serious the men's PRI. duties and that is why I defect in regard to appointed a corporal. For a long messing account? As P.R.I. he. comtime, as P.R.I. in the 1st Battalion was responsible for paying over tho the rebate received from had no clerk at all.. And you made the appointment N.A.A.F.I. without reference to any of the officers in the Battalion ? Yes.

Colonel Comyn -Well, as to 'the, That is so.

account I would hold him respon- The Corporal Satisfactory. ----{gible for payment of rebate.

The Court adjourned: at this.. Major Miles then told Colonel Comyn that Lieutenant Kelly had rage.

Then why did you not tell the

Have you any reason to believe necused that the document was that prior to the short period to missing I did not tell the ac- which you refer accused was in cused because 1 considered it a charge of the battallón?—I have matter entirely, between the Ad-no knowledgë of that.- jutant and the accused until tha I put it to you that you base document was handed over to me. your assumption on the fact that

SALESMAN SAM

JUST WHEN

[VE HAD HIS

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(GEE, IT MAKES ME SICK TA`SEE THE |BLIMP UP "THERE ALL ALONE. IN "THIS | WILD STORM-BUT I'D PROBʻLY BE

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CRASH

Sam's the Whole Pusk

WHAT THA

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HO

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The President:-That is not an answer.

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