MILITARY SERVICE.

Press, Volume LIV, Issue 16270, 22 July 1918, Page 4

MILITARY SERVICE.

ABORIGINAL'S POSITION. A case which presented a knotty problem was heard before Mr T. A. B. Bailey, S.M., at the Magistrate's Court on Saturday morning. Harry Cahill (Mr A. J. Malloy) pleaded not guilty to a charge that, being required by Section 33 of the"Military Service Act, 1918, to enrol in the Expeditionary Force Reserve, he failed to do so. Sub-Inspector Mullany stated that defendant was a native of Australia, and! came to Now Zealand about four years ago. Mr Malley stated that the question arose as to whether defendant came under tbc scction of the Act in question. The man was a full-blooded aboriginal of Australia, and presumably it was not intendod that the Act should apply to such a man. He came over to New I Zealand with a circus some years ago, and went to Mcthven, whore ho v/as engaged in giving displays of horsebreaking. A fortnight ago he came to Ohristcliurch and obtained work on the tramways. The man came to New Zealand with the intention of getting back to Queensland, Ho (Mr Malley) therefore thought it hardly likely that he would come under the provisions of the Act. Defendant was dark-skinned, with somewhat intelligent features, and spoke quite good English. He evidently did', not conform to the Magistrate's ooncep- j tion of an aboriginal, as his Worship expressed surprise at the statement that defendant was such. "Perhaps," ho said, <; it was never intended that an aboriginal should be affected by +he Act. but he comes under the definition of a. natural-born British subject." Mr ,Mallev further stated that defendant obtained a couple of enrolment forms, but the postmaster at Christchurch was unable to advise him what to do, and referred him to the police, who were also puzzled. [Defendant had in no sense evaded the police, and tho case therefore called for lenient "treatment. The man could neither read nor write.

Defendant, in giving evidenco, said that he had been engaged in New Zealand as a roughrider. His father was a black tracker, and both his parents were full-blooded aboriginals. Mr Malley suggested that defendant might be in a similar position to men born in New Zealand but of direct German parentage. The Magistrate said that the case was a peculiar one. He pointed out that a somewhat similar one had been decided bv a Military Service Board. Taking into consideration the circumstances, he would convict defendant and order him to come up for sentence when called upon, on the understanding that if he filled in an enrolment form he would hear no more from the Couri