COURT-MARTIAL.

Press, Volume LIV, Issue 16362, 6 November 1918, Page 4

COURT-MARTIAL.

THREE RESERVISTS CHARGED. HENDERSON" SENTENCED TO TWO * YEARS' IMPRISONMENT. Three military reservists were charged before :i 'Court-martial yesterday with refusing to obey the lawful command of a superior officer by failing to be medically examined. They wore:— Andrew Kcnnnway Henderson. Joseph McMillan. Richard Gadd. The Court comprised Major A. E. Loach (president). Captain R. Macartncr, and Captain . Deans, with Ciptain' D M. ltohertson as waiting member. Captain H. C. Livingstone acted as prosecutor. GADD'S CASE. Gadd's case " a s taken lirst. The offence was alleged to haTC taken place on Mav 25th last.Accused, who pleaded not guilty, said he had not bad an opportunity of preparing his defence. Captain Livingstone said that at accused's request lie had got into touch with Mr I'\ Cooke, but Mr Cooke had been refused admission to the detention barracks. ' Tho President: Why? Captain Livingstone: I don t know. Perhaps there has been some misunderstanding. I Accused said lie wished to securo tho services of a friend or engage counsel to ! help him in his defonce. Accordingly he applied for an adjournment. An adjournment till this morning was granted. McMILLAN'S CASE. McMillan pleaded not guilty when the charge was preferred against him. Lieut. S. G. liowron, Area Officer, Christchurch Group, said accused was drawn in the 21st ballot gazetted on August -'Ist last. On October 23rd witness heard Major Conway, Officcr Commanding the Group, give accused an order to go immediately to the medical examination rooms, and there bo modi* callv examined. Witness accompanied the -ice.used to the Medical Boaxd rooms, and when there said to him: ''Will you be medically examined now.' Accused replied in the negative. Sergt. K. R. Isherwood gave corroborative evidence. . . Accused elected not to giv© evidence* but to make a statement instead. He said be was a conscientious objector, his religion, that of a Seventh Day Adventist, being against his serving as a soldier. H 0 was also an Australian. The President: Australian, but Australians have gone td the front the samo as we hare. .» . Accused: Yes, but there is no law_ m Australia to compel mo to go to the front. I have applied for a passport c>o return to Australia, but they won't grant me one. , The Court found accused guilty, and later it was announced that he had been sentenced to ten months' imprisonment. HENDERSON'S CASE. Henderson, tli o third accused, upon having the charge shee„ read out to him was asked by tho president if th name and number mentioned therein were his. He said the uame was, but he knew nothing about the number. The President asked him it ho had read the charge sheet. Henderson said be had A rather warm exchange or words between them, in which the President asked Henderson whether nr. could i.ot read plain English, ended in Henderson stating that lie pleaded "uiltv to refusing to be medically examined but ho did not recognise a suSor officer. He did not wish to wigjU.djg resting on the table, and the se^gean make him remove his elbow, but Men derson refused to J s **®?®; + » Accused elected neither to mate a statement nor to call evidence of char"tte'ufr S. G. Bowron produced acC "H»dS«°VM Sentenced to years' imprisonment.