MILITARY COURT.

Dominion, Volume 4, Issue 1096, 7 April 1911, Page 6

MILITARY COURT.

THE SECOND OF ITS KIND. CAPTAIN MILL'S CASE. (Isy Telegraph.—Press A£sociation.) New Plymouth, April li. A military court of inquiry-tho .'ccomi of its kind in the Dominion—sat at New riymouth to-ilny to iiurstigiUe charges of insubordination preferred Captiiin Chiirli's Tluw. 3Ii!U-, of the Taranaki Guards, an officer of the New Zealand Defence Fcrees. The iusuboidhuilion alleged was that he had instigated, a communication headed "New Plymouth's Knyvett" in tlio "Turaiiaki Daily News'' of March 11. Further charges were that lie had instigated the said commmiiention, (n) calling in question the action of the Defence Department in the matter of a court of inquiry lately hold; (b) reflecting on the Department in tho matter of the inquiry; (c) reflecting on the conduct of his superior officer (Lieiit.-Culonol Nelson Okey), as president of that court of inquiry. The editor of the "Daily News" was subpoenaed to produce the original copy of the letter. iTe objected to produce the document unless the court could produce its authority for demanding a document which was the property of a civilian. lie further asked if Colonel Chaytor had a legal right to "command" the presence of a civilian or to order the production of a private document. The president explained that the court had (he necessary power. Ex-Lieutenant Dnvie.v a veteran, admitted writing the letter, which was published over iiis signature, and also admitted that he had obtained the information contained therein from Captain Mills, in whose handwriting narts of the letter appeared. The court stated that it had no power to investigate any grievance which Captain Mills might have, but offered to attach to its report any letter which he might wish to submit.

THE LETTER IN QUESTION

ITS I'ULL TEXT. The communication, the publication of which is alleged to nave been '■instigated," appeared as a letter lathe editor of the paper in question, signed by -j. (J. Davits,'' who wrote as follows:— "As one wiio believes in lair play, and also one of many who are interested in the case of Captain C. T. Mills, and who believes that lie has been mijui-tly treated—for, although rciiiitatcd in command of his company,'it the stigma of a •reprimand/ after about six months' suspension—l have waited on Captain Slills, and have ascertained from him the following information in reference to his case, and would suggest that the matter be not allowed to remain in this position, but th-'.t some action may be taken to ascertain the lull facts in connection with his grievance. "Captain Mills informs mo as follows:— 'At last I have received a communication from the officer commanding the battalion to the. effect that 1 have been found guilty on the charge made against me, and that the G.O.C. directs that 1 be reprimanded, nnd, in accordance with his instructions, lam so reprimanded. In the same letter I am asked to kindly ako note that I am now released from arrest. Only fancy taking close on half a year to get this out, and 1 have to thank yourself and others for the kindly way in which you have put forth efforts to ascertain what is being done in my case. I shall lodge an nppeal against the verdict and sentence, and will put forth, amongst others, the fact' that the finding is absolutely against the weight of evidence; of course, it is a verdict that one might have anticipated in such a case, feeing that the board was composed of— (1) the president (Licnt.-Cplonel Okpy), whom I have been given to understand was responsible for Captain Bellringer being first placed on the staff as adjutant; (2) Captain Brown, of Wellington, who is a staff officer and subordinate to the officer who is responsible for the promotion of a junior over me, which is the grievance that I have- put forward; and (3) Captain Wright, of Hawcra, who is an officer young in experience. How, with the widest stretch of imagination, such a finding on the charge could take place is absolutely beyond my comprehension. The prosecution was unable to produce a cony of the order alleged to have been disobeyed by me, and, in evidence, stated they did not consider it was necessary to produce such copy: and this view, presumably, for purposes best known to themselves, was accepted by the Court. I shall now be, of course, on the attack, and feel confident that (failing justice to myself) I will be able to produce such facts that will be of material benefit to the powers that be, and the nation ns a whole, leading all to reflect that where conflict of opinion exists tho ordinary regulations should be complied with. I forwarded, on August 22 last, a s-tate-ment of a grievance, in that a junior officer had baon promoted over me, and requested an inquiry; also to bo supplied with a copy of any report, statement, or fact that had been furnished in connection with tho case. To this 1 have not had any reply, not. even an acknowledgment, nnd although I have subsequently asked for information as to the date that the grievance was forwarded to the officer concerned, 1 have ns yet been kept ignorant. In my career ns a volunteer I have not spared myself for the good of the* service in all branches, always at my post and available when I felt that I could be of Value; and getting such—what I consider—an insult, not only to myself, but to the fine body of meii that I have had the honour to command and train, is almost without comparison in this our time of pence. We are here during our time of. activity for. the welfare of the nation, and quite willing to put all personal matters aside, but T feel sure that the present result of the Board of Inquiry is not conducive of one iota of good. I should so like my grievance inquired into by unbiased persons. All I desire is to leave the service with full honour—not to-have a junior put over me without a just explanation—or even to quit with a single reprimand tacked on to one's discharge, and I hope that my appeal may be heard at an early date, so that I may, without much delay, forward my resignation, and feel assured that I am posted on Ihe retired list with all honour, and not even tho shadow of a black mark."