DESERTION PROVED

Press, Volume LXXVII, Issue 23233, 21 January 1941, Page 10

DESERTION PROVED

Two Escapes From Custody

COURT-MARTIAL AT BURNHAM An escapee from both Paparua Prison and the guard, house at Burnham Military Camp, Private Leo Oswald Buttle, of -the No. 3 Training Battalion of the 2nd New Zealand Expeditionary. Force, was yesterday found guilty of desertion ,by a district court martial at Burnham. Arising out of his escape from the guard house after his return to camp there was a second charge of being absent without leave, to which Buttle pleaded guilty. The court’s decisions will be forwarded to the convening officer (Brigadier O. H. Mead) before being promulgated. The desertion charge was that on January 13, 1940, Buttle absented himself without leave from the 23rd Battalion until he surrendered himself to the civil power at Christchurch on July 14, 1940. in connexion,, with a civil offence. The charge of being absent without leave related to Buttle.s escape from the guard house at 10, p.m. on December 10. 1940. He was arrested by the civil police in Christchurch at 9.45 p.m. on January 4, 1941. Major -J. P."E. Veale,- V-D., N.Z.T.S., was president, and- members' of' the court were Captain C. F.-de Joux (B

Training Battalion), Captain R. Malcolm (C Training Battalion), and Lieutenant E. D. Price (Ist Otago Regiment). The prosecutor was 2nd Lieutenant K. F. S. Cox (Ist . Otago Regiment), and the defending officer detailed was 2nd Lieutenant D. L. Wood (C Training Battalian). The judge advocate was Major G. T- Weston). Waiting members were Captain J. F. Moffat (A Training Battalion), and Captain R. Catley (Ist Nelson, Marlborough, and West Coast Regiment). Acting-Warrant Officer P, W. Storey gave evidence that Buttle was attested on January 4, 1940, and was marched into Burnham on January 12, 1940. Sergeant E. J. C. Hay, of the civil police, said that he was in charge at the Christchurch station on July 14, 1940, when Buttle came in, in civilian clothes, and gave himself up for a civil offence. The civil court sentenced Buttle to two months’ imprisonment, and later, on another charge, he was sentenced to a further two months, the sentences to be cumulative.

One Day in Camp

Giving evidence, Buttle said that on his first day at camp, January 12, 1940, the recruits were shown their way about* and clothing was issued next day, at 4.30 p.m., but he did not wear any .of it. He left the camp about 9.30 p.m.', one reason being that his ankles were beginning “to give out-” He never thought of asking for medical attention. He had acted on the spur of the moment, and had left all his equipment on his bed.

He was not afraid of going overseas, Buttle said. When he left camp he worked his way to Central Otago, getting some lifts and walking the rest of the way. His ankle gave .him some trouble bn the way. Returning to Christchurch about a week before Easter, he did not think the Army would be bothered to look for him, as he had been a volunteer. Later, he found that the military police had been, looking for him. Before' he had, gone to- -Otago, *-the ■ Placement - Officer said he could not be given a job

until he produced a discharge from the Army. He told the Placement Officer that he left the Army of his own accord. After being in Christchurch for a while, he went to North Canterbury and to, Blenheim, where he and his mate converted a car in which they went to the West Coast. They put the car over a bank, and obtained a ride to Reefton, where they converted another car in which they drove to Canterbury. They ran out of petrol just below Burnham Camp, and the accused left his mate and returned to Christchurch. After being in Christchurch for a few weeks, he read in the paper that his mate had been arrested, and there was a warrant out for his arrests He gave himself up, Second-Lieutenant Wood: Were you worried about your absence from the military?—l" took a more serious viewwhen I heard the military police had taken up the case. Accused said that after two days in prison he made a “break.” He did not think of the “break” making his offence more serious. All the time he was absent from camp he did not actually try to hide himself, but he kept on the move. He made several attempts to return to camp, but he could not pluck up courage. He had an idea that he might be called up later in the ballot,' and that was one of the reasons why he did not return. On being returned to the guard-house at-Burnham he tried to “break” out. He did that on the spur of the moment. Major Veale: Is it your wish to go overseas or to fiddle round the country getting into trouble with the civil authorities?—To go overseas. Definitely. Major Veale: It does pot look like it. Every time you are in camp you break out.

Submitting that motive for desertion was absent, 2nd Lieutenant Wood said Buttle was not long enough in the Army to have had a dislike for it. Also, he wanted to go overseas. There was nothing to make him desire to leave the' Army permanently. All his actlofii shoWed that he had not realised his. responsibility through en-

listment. He enlisted on January 4, went into camp on January 12, and left on January 13. In all his actions, he gave no thought to the consequences. In leaving the Army, converting cars, giving himself up and breaking prison, he seemed at all times to have acted irrationally. Definite intention on Buttle’s part to remain away permanently from military service or to escape embarkation for overseas, was not shown. The defending officer suggested that the court should find Buttle guilty of the lesser offence of absence without leave and that the proper penalty was to discharge him as one being unlikely to make an efficient soldier. The evidence relating to the second charge was read to Buttle. It showed that he was in the guard house when the fire alarm sounded, and the guard turned out. Buttle’s cell was' apparently bolted, but not locked, and he must have put his arm out the trap, drawn the bolt, and escaped.