PROSECUTIONS UNDER DEFENCE ACT.

Press, Volume LXVIII, Issue 14275, 10 February 1912, Page 4

PROSECUTIONS UNDER DEFENCE ACT.

THIRTY-OXE YOUTHS CHARGED

At tho Court yesterday, before Mr T. A. B. Bailey, S.M., thirty-one cases against youths • for refusing to take the oath of allegiance under the Defence Act, were called on. Sub-Inspector McGrath conducted the prosecutions, and the Defence Department was represented by Captain Finnis and Sergeant-Major Henderson. The first case was that against Stanley W. Ayers. who pleaded not guilty. Defendant said he took the oath before Captain Finnis on January 31st. The Magistrate pointed out that the information was laid on January 29tii, and that defendant had taken the oath after being summoned. Captain Finnis said ho would withdraw the information to allow of dorendant's statement being verified. This was agreed to. Henry Coburn pleaded guilty. He stated ho had served three years in tho volunteers, and thought the Department would make some allowance. Captain Finnis said no allowance could be mad*.

In reply to the Magistrate, defendant said "lie supposed ho would have to take the oath.

The case was adjourned for a week to allow defendant to take the oath. The Magistrate said the Court would deal leniently with defendant owing to th?s being the first batch of cases. Harold Ernest Denton (Mr Cassidy) pleaded not guilty. Captain Finnis stated that defendant had registered.

Mr Cassidy eaid that tho defendant ■was a member of tlio Church of Christ. As in the case of tho Quakers, it had grown to be a custom with them not to approve of military training. Counsel submitted that defendant had not refused to tako the oath. He had simply not attended for the purpose of taking it. Defendant signed the registration paper without understanding what ho was doing. The yoiitb had not taken the oath, under Section 92 of the Defence Act, because the doctrines of his Church prevented him from doing so. .Sub-Inspector McGrath said that tho Act threw the onus on defendant to prove tliat tho doctrines of bis Church prevented him from taking the oath. Tho Magistrate pointed out' that the section giving exemption did not say that those prevented by religious scruples could be exempted from taking the oath. It only said they could have some equivalent non-combatant work substituted for military training. Mr Cassidy replied that no such work had been substituted by the Defence Department. The Magistrate: Defendant will bo fined £2, and it will be reduced to 5s if defendant takes tho oath within seven days. „ Albert Empson pleaded guilty. Ho said he did not feel fit to take tho oath. , Captain Finnis stated that if a medical certificate had been produced, exemption would have been granted for a time at loast.

The Magistrate said that ho would not be made to train if he was not fit for it. Thero was no intention or doing that. Tho case was adjourned for seven Harold Hill pleaded guilty. Ho was fined £2 Charles J. Hadley pleaded guilty. Hβ said his religion prevented him. Tho Magistrate: You had better think the matter over. I will adjourn tho case for a week. Clifford O. Homer, pleaded not guilty. He said ho received a notice to attend with G Company, and ho did so, and took the oath before Captain Barnett. Hβ took the oath before receiving the summons. Ho took 1 tho oath, but did not attend tho three parades that he was ordered to attend. The Magistrate*: You had better go down on Monday night and see Captain 13arnett at G Company's parade. .1 will adjourn tho case for a week. George It. McMillan, who did not appear, was fined £2, which will h© reduced to 5s if he takes tho oa,th within seven days. George McNeill pleaded guilty. Ho said lie had changed his address frequently, and had intended to go to Australia. ' He was willing to take the oath.

The ease was adjourned for a week. Charles J. Mather pleaded guilty. He said ho had religious scruples. The Magistrate explained the position in tho same way as h© had done to tho others, and adjourned the case for a week.

Joseph Marshall pleaded l guilty. Ho said ho had nofc received notice to be examined by the doctor. Captain Finnis said defendant must lave received notice to attend for medical examination when the notices wore issued, and if it was not convenient for him to attend then, the onus was on him to prov© medical unfitness at his own expense. . Defendant said ho had religions objections. The Magistrate adjourned the case for seven days. James May pleaded not guilty. He said he did not get tho notice. The last notice he got was that Captain Barnett was his superior officer. Ho had gono to Cheviot, and was losing ithree days' wages by coming to Christchurch. He had no objections to taking tho oath. ' Captain Firinis said defendant could tako the oath at Cheviot. Tho case was adjourned for a fortnipht Francis O'Malley pleaded guilty. He eaid "he was hanging out as long as he could." The case was adjourned for a week. Gustavus Peterson (Mr Cassidy) pleaded not guilty. Defendant went into the witness-box and sworo that 'though he got one or two cards, ho never received a typewritten notice to attend to tak c . the oa>t.li.

The Magistrate held that there was no proof that defendant had received notice, and he dismissed the case.

William Smith pleaded guilty. He said he was under a doctor. Ho was passed four or fiv<> months ago, but was at present unfit for training. He produced a medicn.l certificaite. Tho informatio.i was dismissed. Victor G. White (Mr Cassidy) pleaded guilty. He said he had conscientious" objections, prompted by religion. Tho case was adjourned for a week to enable defendant to take the oath. John W. Watson pleaded not guilty. He said he took the ' oath with G Company about three months ago. The Magistrate said defendant could liavo let the Department know that. He adjourned "tho case for a week to allow defendant's statement to be verified.

Clarence M. Wilson (Mr Cassidy) pleaded not guilty. Wilson went into the witness-box and swore that he went to see Captain Finnis, who said ho would send him another notice in place of one that defendant lost, but no such notice ever reached him.

The case was adjourned for a week to give defendant a chance to take tho oath. James E. Williams, who did not appear, was fined £2, which will Lβ reduced to 5s if he takes the oath within a week.

Charges against Ascar ButternVid. John Butler, Arnold E. Denne, Herbert Kiddle, Robert Mackey, Marshall Mnrsden, Edward Richards, Percy MoLeod Smith, John H. Shier, * Huia Henry Shaw, and William A. Tyree, were withdrawn, as they had taken the oath since tho summons was laid. A charge against Thomas Russell Ritchie was withdrawn, as defendant was ill. Each fine inflicted also carried 7s costs.