COURT-MARTIAL.

Press, Volume LIII, Issue 15918, 4 June 1917, Page 4

COURT-MARTIAL.

THE REYNOLD* CASE.

A STUBBORN "MARTYR."

SENTENCE OF TWELVE MONTHS' IMPRISONMENT. At the King Edward Barracks on Saturday morning a court-martial was held on Henry Wm. Reynolds, bootmaker. Colombo street, Christchurch, who was charged with failing to report for medi--cal examination when required to do so. The Court consisted of Major W. C. Morrison, N.Z.S.C. (president). Major G. It. JHackctt. and Captain I<\ H. Salter. Major K. M. Gresson appeared as prosecutor. 'lliere v.ere eleven members of the public present. The accused, who was brought in under cscort, said: "Mr Chairman —I suppose you aro the chairman of this military farce, I call it a farce —I would Jiko to make a protest against the building in which I have been confined sinco I gave up inv liberty as a citizen. It is an iron building, matchlined » The president said he would rcceive any such protest later on. Reynolds then remarked that lie had been locked up for a week. No provision had been made for his obtaining bail. He had not tried to dodgo the military authorities, lie considered he should have been allowed to be at large on the condition that he reported himself daily. Tho president said he would see that the prisoner's representations were mado to tho proper authorities. The matters referred to had nothing to do with the present court. In answer to questions by the president, the prisoner said that ho did i>ot wish to identify any of tho officers of the court, and he had no objections against being tried by them. He did not recognise their jurisdiction. "I am no man now,-' ho concluded. The president said that if the prisoner showed a more respectful attitude to the court he would find that it would benefit him. It was not generally known that a court-martial had the same standing as the Supreme Court. The members of the court had no personal feeling in tho matter at all, they were only carrying out their orders in conducting the trial for a breach of military law. Prisoner: I respect you as men. Tho president warned Reynolds not |to interrupt the proceedings or 1 o might render himself liable to trial for another offence as well as the military ono alleged against him. I The oath was then administered to tho members of the court-martial. lii answer to a question tho prisoner said ho had no counsel or "friend" to appear for him. He proposed, if allowed, to make a statement, not as a defence, but to explain his attitude to militarism generally. Tho presjdent. read tho charge and asked if prisoner pleaded guilty or not guilty. Reynolds said ho did not plead at .' 11. Ho considered that tho Military Service Act had no jurisdiction over him and lie ignored tho whole proceedings. Tho president said in that ease rhc court would enter a plea of not guilty for tho prisoner. Ho informed Reynolds that tho prosecutor, Major Gresson. was bound by military law to act as the prisoner's friend as well as to lay tho facts of the prosecution before the court. Ho was not there to secure a conviction at all costs.

Major Gresson said the charges preferred against prisoner were laid under tho Military Servico Act, 1916, and the Imperial Army Act, Sections 9-2, which sections had been incorporated inio tho Military Scryico Act, Sections 11 and 12. The prisoner waß n reservist and was called up in the 6th ballot, and he was charged that he did disobey a lawful command given bv his superior officer. Detective Thomas Gibson said ho arrested the prisoner on May 29 tli- Ho (tho prisoner) asked -that the witness should deliver a message to his sister, and witness identified a letter (produced) as a letter written by Reynolds. Tho letter was handed in to the Court.

Captain Xortlieotf; said lip was aware that prisoner was drawn in tile 6th ballot. Ho had ordered liim to qome up for medical examination on May 4th ab 9.45 a.m. Prisoner did not appear, and at a later date (May 29th) ho was brought to witness by the military police after his arrest by Detective Gibson. Witness told llcynolds that ho was a nested under a warrant signed by the Director of Personal Services for' failing to parade for medical examination when ordered to do so. Witness asked llevnolds if ho was willing to bo examined then, and he replictl: "No, that he would do nothing and would not be mado si military slave." . Witness pointed out to him that it would bavc a yreat deal of troublo if ho would consent to be examined, as otlierwiso it would mean a court-martini. Reynolds still refused. Witness then instructed Detective Gibson to hand him over to the military police, which wa3 done. To Major Gresson: The notico produced wa<f tho order sent to Reynolds to attend for medical examination. The order was altered by telegram, the time for examination being made 7 p.m. instead <of 9.40 a.m. To the president: Witness was the prisoner's commanding officer under the Act. Ho had had no dealings with him before the proceedings mentioned in tho evidence. The reason for altering the hour of the medical examination was to allow the group 11 men to be examined first. The telegram was gent back to witness endorsed: "I told you before J. ignore militarism, which is niurder. :: Witness did not know who wrote that on the telegram. Reynolds volunteered the statement tiiat he had returned tho registered lettor unopened, and wrote on it: "Refuse delivery—l ignore militarism." That was why he wrote "[ told you before—etc." on the telegram. Major G. S. Hardy identified the nominal rolls (produced) of men enllod up for medical examination. Tho roll of names for the May 4th examination was called and prisoner did not answer his name, nor was lie medically ined.Major Gresson said that that concluded the evidence. He had not called evidence to show that Reynolds hTSd received the letter, but he had put in a sworn specimen of his handwriting, which lie asked the Court to compare with the endorsement, on the envelope and telegram. He submitted that religious, political or other scruples were n<> excuse for the disobedience of a lawful order given by a superior officer. Later, prisoner was given a further chance to be examined, but refused. This closed the ease for the prosecution. ■ In answer to the president, the prisoner said lie did not v. ish to call witnesses or to give ov ; Jr,nco himself on oath. He would n statement on his general attitude tov.ards militarism, if the Court thoujmt it would be any use. Per.?oua:!v. fie cia not think it would, as it hnd 1-tt'c cr no bearing on the present case. Ho had been up against the militarv authorities before. Captain Wheeler had got him seven davs' imprisonment; he had also been fined £o0 for another offence, andJiad furthermore "done" three months' hard labour. He had been an antimilitarist for five or s-x years; ever since tho conscription of boys began, a proceeding whicn n;?do him start to think. He was opposed t> all military rule and military power. "I look on it as n curse to a nation/' he remarked. "I don't think there is anything else,"' added prisoner. ''I have nothing to gay with regard to this case. I am willing to take punishment

which no doubt Trill ho trftfd out to me, in the hopo that, it will help to break down your power." Tho president: My power! "What do you mean?^ Prisoner: Well, the power you uphold and represent, the n-ilitary power. It wants sweeping away, nnd I am willing to be one of the brooms, to help sweep it. I beliore, as Mr .said, "that militarism is a nations lunacy." Tho Court was then for the finding to be arrived oV, x>nG tho prisoner was remove J. Ou resuming, the Court announced that its finding was that tho prisoner was guilty of tho charge. [Major Gresson aiked tl;;> * the Courtwould regard prisoner's admission ot his convictions for prevails offenecs against military law In answer to a question from the president, Reynolds said that ho hau been thirty years in Cfinstchurch, and he claimed that he had been a good citizen, and had <r good charactcr. Tho president said what wr.s wanted was evidenco as to the prisoner s military character so iar as his compliance with military law was concerned. Mr W. Ensom r.sked leave to give evidence on prisoner's lu-iiali, and on being granted nerui's von, said tiint. Reynolds in everv way had lived as an exemplary eitizen. Ho had three children, which were brought up in most creditable manner. He was tryinf to educate hiniitlt' iii the Workers Educational Asso:iati n, and his character as a citizen -was the highest possible. It would be a serious thing <o his family to take him away from his business, as there was no one to tako his f/lace. To 'Major Gresson: He sookc regarding Reynolds a; art fmm his offences against military law. Ho did n °t regard those as affecting his cbaTactcr as a citizen. In reply to the President, the prisoner said lie had still lit tiling to sayHe was up a?::uv-.t the buck wall or Parliament, and must take his medicine. He had taken it before, and supposed ho would take it again. Ho was a widower. . . . , The president; What is tho ago ol your youngest ehiid? Prisoner: I don ; t mean to ask any question on my own behalf, and don't, wish to answer any. 1 don't mind saying that my youngest child is 12 years of ago. The president: I want you to recognise that we wish to help you, though apparently you do not wish to help vourself. , , ~ The Court was the-, cleared for the Court to consider a point which had cropped up. . , , On resuming, the president said that owing to Mr Ensom's evidence, it would appear that prisoner did not belong to tiie First Division, and if that was so he had no business to bo before the Court at all. Under tho Act, however, tho onus was on the prisoner to prove his status. Did ho wish to establish the fact that he belonged to the Second Division? It would merely 'necessitate his producing copies of _ his ■ marriage ccrtiiioftfcc, ,aiid the birtii certificates of his children. _ Reynolds: T have said I ignore tho whole thing. I didn't recognise, the •vaccination regulation, and I con t recognisb the power of tho military authorities. _ , , , Mr Ensom said it appeared to bo tho timo now for the prosecutor to help the prisoner to define his position. • The president: I think you will agree j that all along I have done my best to 1 give him every chance. Mr Ensom: Yes, you have been quite friir Al'aior Gresson: Tim Act presumes an affirmative, and if the prisoner will not do anything to help himseu I submit tho Court has no power to presume otherwise. The president said that if the prisoner preferred to go to gaol instead of establishing tno fact that he was a Second Division n:an, he could do no moro to help him. Reynolds said he had to consider his duty'to his fellow-countrymen. As Sir j as'. Allen said, they all had to inako sacrifices. „ , , The president: Let me know straight bub if you wish to establish tile fact that you are a Second Division rcSe ßeynolds: Oh, well, I well let the president: Vory well, the court is' cleared. THE SENTENCE. The prisoner was sentenced to' twelve months' imprisonment with hard labour. Tho finding and the sentcnco of the Court were confirmed by the convening officer.