COURT-MARTIAL.

Press, Volume LIV, Issue 16363, 7 November 1918, Page 4

COURT-MARTIAL.

RESERVIST CLAIMS AMERICAN NATIONALITY. The trial by court-martial of Richard Gadd. whose case had been adjourned from the previous day to allow him to prepare his defence and seek the advice of a friend, was resumed yesterday morning, 'lhe Court consisted of Major A. E. Loach (president), Captain 11. Macartney, and Captaiii AV. Deans. Captain H. G. Livingstone actcd as I prosecutor. i At yesterday's trial prisoner intimated" that lie had prepared his defence and had secureu tlie services of a friend, Mi' JL'\ Cooke. j When requested to plead accused said tlie Court had no jurisdiction over him, as'he was a natural born American citizen. Jtose Amelia Gadd, residing at 403 Madras street, L'hristchurch, mother of accused, said lie was bom in Philadelphia, L'.S.A. Her native country, England, was not at war with America at inv" time of his birth. Accused said he expected his birth certificate to arrive by the next mail. Jn reply to the President, witness said her husband's nationality was English. She resided in America for lour years. She had taken 110 steps to become a naturalised American subject.

Flirt her examined by accused, 6he said she had registered his birth in America as American born. The President, to accused: I presume if you were born in China, you would have to be registered there. Private Hope W. Horne, a military prisoner under escort, -was the next witness called by accnsed. In reply to accused he said ho was born in Invercargill, of American parents. The President asked accused what this had to do with his case. Accused said Home's evidence had a great bearing on his case, as Horne was born in New Zealand of American

parentis. The President: I don't want anything about that. I only want evidence from this witness in regard to your American nationality which you claim. Accused: This witness— The President: I know what you are going to say. I don't want this evidence. Accused: I have nothing further. The President, to Homo and his escort: "Right, quick march," and Horne left the' Court room. "I_ don't mind telling yon," said the President to Gadd, "that I saw you yesterday and you particularly assured me Horno was going to give evidence that you were an American citizen. Accused: Excuse me, sir. I did not understand you that way. . '-lhe President: I made a statement in plain" English, and on your assurance I allowed him to bo called as a witness.

Accused: I protest against the evidence of that witness not being allowed on the,ground that it is prejudicial to my case. Captain Livingstone submitted that it did not matter where accused was born or what nationality bo belonged to, the Court had jurisdiction over him, in support of which contention he quoted the Military Service Act, 1916. kven an American subject while waiting for his appeal to be dealt with or after it had been dismissed, must obey the lawful commands of an authorised officer. Even if his appeal were allowed ho must suffer trial for disobeying the lawful command of an authorised officer whilst awaiting tho decision of his appeal. . Accused bad had his appeal heard, and it had been dis-

missed. In reply, accused said "tho Military Service Act provided for the placing in the Reserve of every natural born British subjeet. He claimed that he was an alien, which section 2 of the Military Service Act defined as not a British subject by birth or naturalisation in New Zealand. Tho President said nothing had been producod to the Court in tangible form. There "were no naturalisation papers. Accused said he was not contending that he was a naturalised American, subject, but that ho was a native born American subject. After a retirement the President announced that there would-be a sine die adjournment to allow tho .court-martial reporting to tho convening officer on accused's plea of jurisdiction. Accused asked for bail. The President: There is no question of bail jn connexion with a soldier. The Court resumed in the afternoon, when the president informed accused that it had over-ruled his plea of jurisdiction. His plea of not guilty would, therefore be proceeded with. Accused made application for on adjournment, which was refused, Major A. E. Conway, Officer Commandmg Area Group No, 0, gnid ao. cused was drawn in the 21st ballot, gazetted on August 21»t Jeut, On October 25th Gadd was given an order by witness to go at once ix> tha medical examination rooms, and be medically examined.

Accused: I wcxuld like to ask Major Conway has he the right to order an American-born subject to be medically examined P The President said witness need not reply to the question, which was not a proper one. Accused was simply a soldier drawn in the ballot. Witness said that so far as he' was concerned accused was a soldier in the New Zealand Expeditionary Force, and, therefore, liable to comply with' wit> ness's orders. Sergeant F. R. Isherwood, Home dotails, said he accompanied accused to the medical examination rooms, where accused refused to be medically examined.

Accused applied for an adjournment to allow of his birth certificate and registration papers arriving from America in order that he might claim the protection of the American Consul/ He also claimed that his case should be triod by the highest Court in the land. His case was one of international importance. The President: Yes, we went into it very fully this morning. Continuing, tho President said the Court had over-ruled the plea of jurisdiction, and all tho Court had to Ho now was to consider tho charge against accused of refusing as a soldier to obey a lawful command. Accused elected not to give evidence or call any, but again applied for an adjournment in order to secure his papers, and to bring the Consul as witness to prove that he was •under American law and not New Zealand. "I've been shut up in that cell for some time, and cannot get any facilities for preparing my defence," he declared. "Now, look here," replied the President. "I went to you yesterday, and offered you every assistance in preparing your defence, and you said you were satisfied. Why do you say that other now?" Accused : I understand I have 'to get the permission of this Court to apply to i a higher Military Court. i The President: There is no higher Court so far as I know. There is no Higher Military Court. You have civil rights, as you and your friend ought to know. You can appeal to a hizher Civil Court, but there is no higher Military Court. The Court, after a brief retirement, found accused guilty. Before sentence can be promulgated, it lias to be confirmed by a higher military authority.