UNDER MILITARY LAW.

Dominion, Volume 4, Issue 1088, 29 March 1911, Page 7

UNDER MILITARY LAW.

-COURT-MARTIAL AT HUTT. DISOBEDIENCE OF ORDERS. CHARGES.AGAINST A PRIVATE* Under tho Defcnco Act of last session (rials by courts-martial aro now open iu tho press. Previously (hero was no provision for courts-martial in the New Zealand Defence Regulations, which only provided for courts of inquiry; theso wcro conducted in camera. The first court-martial under the new regime was held at tho Lower llutt just evening, when Private John Hiigaii, of the llutt Valley Rifles, was charged on two separ- < uto counts with having refused' to obey, tho lawful orders of his superior. Tlitf < olfenco was alleged to have been conv mittcd on February 7 last, and duly ro- , ported to tho Otlicer Commanding, (ho. District (Colonel E. \V. C. Clmytor), thereupon ordered proceedings to W taken, in terms of tho following pro-' ccdurc:— DISTRICT ORDER NO. 21. By -Colonel E. W. C. Chaytor, Coin- ' . manding Wellington District. District Headquarters, New Zealand Defence Forces,. Wellington, March 21, ISII. The detail o£ oflicers as mentioned below will assemble at t\o Lower llutt Drill-shed on Tuesday, March ' 28, 1911, at 7.30 p.m., for tho purpose of trying, by district court-martial, i No. 107 Privato John Hagan, Hutt Valley Rifles. President, Major Frederic John Courtney. Members, , Captain Charles Bnsh, Harton, Lieutenant Gcorgo E. Simeon. Tho accused will be warned, and ' all witnesses duly required to attend, The proceedings will bo forwarded to District Headquarters. Signed this 21st day of March, 1911. Bv order, S. V. Trask, Captain,-•iAeting-Aasist a'nt Adjutant-General*' THE COURT ASSEMBLES. On tho Court assembling, there was no appearance of tho accused. It was explained that Private Ilagan, being rcM-i dent in tho Upper llutt district, could' not got to tho Lt.wer Jlutt before 8 p.m., i according to tho railway timetable. It' was decided (o open the Court and deal with tho preliminary formalities neces-, sar.v under the procedure. The members of the Court were sworn in by the President, and ho in turn was sworn in by ono of the members. There were present. Captain J. A. Cowles, Adjutant of tho First Wellington Rifles, who acted as Prosecutor, and Lieutenant Mellor, one of. the subaltern oflicers of the regiment, who was "attached for instruction." Lieutenant A. S. Butler, of'tlio Hutt' Valley Rifles, was then sworn, and under examination by the Prosecutor, as to the service of the summons upon|; the accused, stating that lie had left it at the accused's place of abode, in chareo of his mother, who had promised to do-' . liver it: tho samo evening. Tho Court then adjourned till 8.15 p.m.,, pending tho arrival of tho train from' Upper Hutt. , On resinning, it was announced that/ tho accused was in attendance, and tho , court-martial was then proceeded no was in mufti, having previously returned his uniform to his corps. THE TRIAL. Tho President then explained that. 1 under the military law tho accused had 1 ' . tho right, if ho saw fit, to object to tho 1 personnel of tho Court. ■ . "Do you wish,to object?" he was asked., i ' Tho accuseds Vivo, sir;"" • I Tho President thou read out tho . charges as follow:— 1 Charge-Sheet No, 1. > ' Tho accused, No. 107, Private John ' Hagan, Hutt Valley Eiiles, a soldier of ' tho Volunteer Forces of tho Dominion • of Now Zealand, is charged with tefus- : ing to obey tho lawful order of his ' superior officer, iu that he, at Lower ' Hutt, on the Tth day of February, 1911, ' refused to assist in carrying ammunition ■ from tho railway station to the Drill i Hall, when ordered to do so bv Sergeant , W. J. Baker, Hutt, Valley Rifles. FLEMING ROSS. Captain, i O.C. Hutt Valley Rifles. "Do you plead guilty or not guilty to this charge?" asked the President. ! ' "Guilty, sir," replied the accused. j ; Charge-Sheet No. 2. i The accused, No. 107, Privato John j , Hagan. llutt Valley Rifles, a soldier of ; , the Volunteer Porces of the Dominion : of New Zealand, is charged with refusing " toobey the lawful order of his superior' I officer, in that lie, at I.ower Hutt, ou 1 the Tth day of February, 1911. refused to return to the Drill Hall at Lower niitt . when ordered to do so by Sergeant W. J.'. Baker, Hutt Valley Rifles. FLEMING ROSS, Captain, 0.C., Hutt Valley Rifles. "Do you plead guilty or not guilty to this ehargo?" asked the President again. l ' "Guilty, sir," replied the accused. , > Tho President then explained to tho - accused that in pleading guilty he was ■ entitled to call evidence in mitigation of : , his olfenee, but not in defence, lie then ; - called on the prosecution to produco 5 evidence as to tho circumstances under i | which the offence was committed. The Evidence, The prosecutor called Private H. C. t Rii.-m'H, who was sworn in. The willies} 1 stated that on the occasion in question f the accused was one of a party detailed under Sergeant Baker to carry cases of ammunition from the railway station to ; the Drill Shed. Private Ilagan refused ! to do his share, and, leaving the squad, wont to another part of tho station plattoi'in. Ho refused to return to the squad : when ordered to do so by Sergeant Baker.. Witness and cn-iain of tho others then went on with the ammunition, leaving Sergeant Baker, Private Geango, and ' the accused at the station. t Tho President; then asked tho accused ii' lie had any questions to ask of tho t witness. Accused (to witness): When did I leave ' the squad, and where did I go? f Witness: You left the squad when tho e ammunition was taken out, and went c along to the end of the station building. ■ The accused to tho President: Thera , was no sergeant there, sir. t The President: You can make a statemont afterwards. o Private J. W. Ge.ingc, Hutt Valley : . Rifles, also gave evidence on oath. When 1 j ncciifod rehired to obey orders witness ~ was ordered by Sergeant Baker to arrest - II him. This order was given in tho hear- ; S ing of tho accused, who resisted arrest,'. and a skirmish took place in which wit- \ ness, Sergeant Baker, and the accused were mixed up.. Tho result was that tho i accused got away and disappeared. Tho accused: Who was the sergeant? Witness, after a pause: Well, there's two Sergeant Bakers. I think it was Bill : Baker, but I'm not sure. .The accused: Did ho have any stripes on that night? ' ' Witness: I wouldn't say for certain that : ho diel. a Tho President: Any further questions? |( The accused: No, sir. Lieut. Simeon, to witness: Was (hern . 0 any violence shown in tho scuffle—wero you injured in any way? , il Witness: I had tlie worst of it, I'll ndI- mit. I wasn't injured, though; only a j . scratch on my arm. * ' In ainrwer to tho President, witness stated that ho did not know under whoso , orders Sergeant Baker was acting. Asked if he had anything to say. (lw ■ accused stated that ho had come down on the evening in question to drill, not to carry ammunition. Carrying ammunition 1 wasn't drill, ho considered. Ho further■ [ contended that there was no sergeant pre- ' sent: at tho time, or, if there was, ho was i not: wearing his stripes. Ho did not con- '■ feidor, consequently, that ho had any need 1 to tnko orders from him. This concluded tho evidence. The Court ' was then closed to consider .tho finding. ' which, with the notes of evidence, will , bo forwarded to the officer eoiumaneling ■ > tho district for confirmation.