LAW REPORTS.

Dominion, Volume 5, Issue 1362, 13 February 1912, Page 3

LAW REPORTS.

I I YOUNG MEN CHARGED. I 1 OATH UNDER DEFENCE ACT. i * ! THE PLEAS TENDERED. OXE READS A MANIFESTO. ;■ U the Magistrate's Court yesterday, be- ' foe Jlr. Ricldell, S.M., six persons were " ch rged with failing to (nice the oalh 3 of allegiance under the Defence Act. These were Frederick Bradley, Stanley L ins, Harnian Fitzmauricc, Llewellyn J AI tchell des Landes, George Xl'Jntosh, ■] 1 Edward Ryan. 1 vans pleaded guilty. In reply to quos- ' to is by the magistrate he paid that ho ; s 20 years of age, had been born in Le ccstershire, and had been iu New i Ze land seven years. The Manifesto Man. i Your Worship," said Evans, "I am not a. public speaker, but I have writlon ; out my reasons for not complying with i the Act." Evans handed up a slip of 3 paper headed: "These are my reasons for uot complying with the Defence Act.'' The. reasons were: "I believe that if every man held my views (hero would be no armies, navies, monopolies; consequently every person would be free to enjoy such liberty as would not interfere with tho liberty of others. "\ot being i part owner of this country, as 1 ought to be, I think the landFj sharks who own the people's birthright || should pay for their own defence, and do * their own fighting. "I can get the means of subsistence in any other country in return for labour, I anil without compulsory military train- ! ing. Therefore, 1 owe New Zealand no gratitude. j "I am a supporter of the. world-wida ■ movement of downing tools in the event ' of war, and thus making war impossible. j "The above are my views. I want to ■ help to make, the Act unworkable. If I I am to bo persecuted, I will leave this ! country, and become an American citi- | zen." i His Worship read the paper. "I ' doubt," he said, "if your reasons aro sufi ficicnt. You are liable under the Dej fence Act to a fine of £o for refusing to I take the oath. You have neglected your ■ opportunity. I propose to impose a fine ; that will bo reducible, if you take the. ■ oath within seven days. : Evans: I consider, your Worship, I • have committed no crime. j His Worship replied that he could not j argue the matter. "Yon arc fined £2, to be reduced to os. if you comply withiu a week." Evan;: "Your Worship, I have no intention of paying tho fine. lam bound down about this. I intend to leave the country." Evans added that lie was in a Government billet. Sub-Inspector Shenhan: Ho will be dismissed from the Government employ unless he tnkes the oath. Quite Another Plea. Llewellyn Mitchell des Landes explained that he did not consider_ it necessary for him to serve, as he suffered from varicose veins.- In support, of the statement as to his trouble he said that ho possessed a doctor's certificate. Lieutenant Richmond, who represented. Hi 3 Defence Department, stated that proceedings had been taken because defendant had written a letter containing statements which were given as reasons for his not attending drill, and these statements were not true. Some time had gone by, and then they had given the defendant a week's time in which to take tho oath. This did not liavs the desired effect, but a warning from tho Bench might,,do good. Tho defendant had put • the Department to considerable expense. His Worship: I doubt very much that the Court is called upon to admonish the defendant because he put the authorities to an amount of trouble.- I doubt if the Court has jurisdiction to censure him. His Worship held that defendant was in the same position as the other youth. The defendant said that he had no objection to complying with the Act. Ho merely wanted to be excused because he suffered from a certain complaint. He was convicted and ordered to pay j 7s. Court costs, in default 24 hours' im- \ prisoument. Some More of Them. M'lntosli pleaded guilty and offered no explanation. bub-Inspector Sheehan Eaid that the defendant had had ample, opportunity of j complying with the Act. Defendant was fined .£2, to be reduced to 3s. if he complies within a week. Bradley declared that ho had not rei fused to register, but he had not been j down to drill. His case was adjourned ! for a woek to give him an opportunity of registering. Fitzmaurioe declared that he had attended drill, and had been sworn in. The case was adjourned for a week, and the defendant was requested to produce his record book to substantiate his statement. Regarding Eyan's case, Sub-Inspector Sheehan stated that tho defendant had complied with the Act. Tiie information was withdrawn, and Hyan discharged.