COURT-MARTIAL

Dominion, Volume 11, Issue 311, 20 September 1918, Page 6

COURT-MARTIAL

; . A CORPORAL ON TKML / ACCUSATION AGAINST AN OFFICER i ! 1 A district court-martial, consisting I of Lieutenant-Colonel 11. Neavc (president), Major E. V. Ueavaii, and Major ! A. H. Hollis, sat yesterday to continue the hearing of charges brought against Corporal W. A. d'Oridant, N.iJ.JI.P., who is alleged to have falsely accused Captain 0. Gray, Assistant Provost-Marshal, Wellington District, of being drunk while on duty. Captain Baldwin was the prosecntor, and Mr. C. H. Treadwell represented the accused. Captain Gray was further croRS-ex-amined by Mr.Treadivell. The witness said that part of his duty was to visit hotels. Ho was not in the habit of visiting the Metropolitan Hotel on .his way home. His drinks did not average one a day. He was subject to malarial fover and so had to be particularly careful. On the night of August 1. after the patrol , ,journey, he asked d'Oridant in the guard room whether he intended to remain a member of the launch crew after the boat was purchased by the Government. The launch was then the property of d'Oridant and was leased to" the Government. Witness had a special reason for putting this question, althongh he had been verbally instructed by Captain Hill to dismise d'Oridant for neglect of duty on the night of July 31. He handed a confidential statement to the Court and stated it did not affect the credibility,, of accused's statements. Tho witness added that Corporal d'Oridant was placed under close arrest on August 16, and was held for soventeon days. During this time ho was not allowed to see a lawyer. Ho was not permitted to see his wife for ten days. He applied to see both his wife and a solicitor. Captain Gray sent tho application to Captain Hill, Assistant Provost-Mar-shal at Headquarters. Captain Hill refused permission and said there would bo plenty of time later. Mr. Treadwell informed the Court ho had written to Headquarters on August 23, and again on September 8, pointing out the hardship that was boing inflicted upon the. accused, who was being denied opportunity to see his legal adviser. After seventeen days I the accused was released under open arrest.

This evidence closed the prosecution. Corporal d'Oridant. giving cvideilco on liis own behalf, said he was a launch Early this year, while he was occupied as a fisherman at Oamaru, he made an arrangement with the Naval Adviser for the-hire of his launch and for his own I services as its master. Ho was attested for home service for the period of tho war and six months afterwards. Later the Naval Adviser arranged to purchasethe launch on behalf of the Government, and the purchase had been completed since his arrest. On August 1 last witnoss was off duty. During tho afternoon ho received orders from Captain Gray to patrol the troopship then in port. Captain Gray said ho was sorry to have to call witnoss on duty again. Witnoss went to the wharf at 5.30 p.m. and made two trips round the troopship during tho next two hours. Later he received a telephone message from Captain Gray to have tho launch at the steps at 8 p.m. Witness then remarked to the jiuartermaster that he thought Captain Gray was "a little bit full," and that ho could "almost smell it over tho wires." Ho took the launch to tho stops at, 8 p.m.,' and .waited in the guardroom until after 9.1-5 p.m., when Captain Gray appeared at tho door and called him. Witness went out, and overtook Captain Gray at the entrance to the Glasgow Wharf. Tho officer was swaying, and. witness put out a hand to support him. The captain fell on the launch, a minute later, and witness, whilo assisting him to tho stern, noticed a strong .smell of liquor. De-' scribing the patrol trip round the troopship, the accused said a powerful searchlight was/in use' all the time. The ship was in plain viow. Captain Gray, who was steering, inado a sudden turn towards tho ship while circling, and tho launch almost collided. Witness reversed the engine, and then went slow ahead till the launch had cleared the ship.. Private Brown, who had been in tho stern, rushed forward, apparently to fend the boat off. On tho way back, Captain Gray took a course.'straight towards a schooner, which was visible three hundred yards away. When the schooner was only sixty yards away, Private Brown told Captain Gray thoro as. a ship ahead At tho snme time witness helped the captain to put tho helm over. The launch, which was travelling fast, cleared the schooner by a few yards, The searchlight was burning all the tinia. At the. steps Cantain Gray slipped and fell forward. The tide was high and the steps above the water were dry. Then witness followed Captain Gray to the inner guardroom, whore they sat down. Thn captain dropped some papers on the floor, and complained that his head was dizzy. He said Captaiii Hill had asked hiiu if Corporal d'Oridant had not been guilty of a gross dereliction of duty in being away from H.M.S. 'the. night the Germans escaped. Witness replied that he had been off duty, and that he had applied to Cantain Gray himself for _ a certain man'as substitute. Captain Gray asked for a full written report, which was made subsequently. Ho then had a cup of coffee and asked if accused wished to remain on the launch alter its purohase by the Government. Accused naturally said "Yes." He would not have sold the boat if he had thought he would be put off. The launch represented his living. He had been a fisherman at Oamaru and had sold his nets, cart, etc., at Oamaru, in order to come to Wellington with the launch. Later in the evening he took the launch back to tho warship with Private Brown, mid asked the private if ho had "noticed anything." Private Brown said: "Yes, yes, I could smell it on him." Witness told Quartermaster Moore that night and Quartermaster Weston the next day what he thought about Captain Gray's condition. On August 3 he reported tho matter to Captain Hill and said he would like to go before a higher authority. Captain Hill told him to put the charge in writing. He did this and took tho document to Captain Hill's office on August 8. Captain Gray went in to see Captain Hill. He came out very excited and said: "I will have you for this." ' Captain Gray said . accused could not see Captain Hill and must come with the staff sergeant-major if he wanted anything in future. Ho did not see Captain Hill till Auguet IC, when the charges were read to him and also somo of the evidence. Asked what he had to say ho stated he had certainly believed Captain Gray to bo drunk on the night of August 1. Captain Hill then placed him' under close arrest. Ho asked for permission to see his solicitor and his wife, but got no answer. Ho saw his wife for ton minutes ten days latin , . She saw a solicitor, and a. week later he saw Mr. Treadmill. He was confined in a bare cell, and frequently had as many as four private soldiers in the same cell. He served in the Second Life Guards and the Naval Beserrn for more than two years ahout thirty years ago.. To the president: He had not known he could object to being confined with privates, To Mr. Trcadwcll: Ho had not been in any trouble in the past, Ho bad (

not received any instruction in military procedure when he joined the Homo Service branch.

Cioss-exiumiied by Can tain Baldwin, the accused said it was still his opinion that Captuiu Gray had been drunk on the night of August 1. The opinion was based on the captain's actions, fke evidence of the other witnesses did not alter his opinion. Captain Gray appeared perfectly sober at 2 p.m. on August 1. He did not sound sober when he spoke to accused on the telephone at 7.15 p.m. Accused himself was a certificated master, and he was concerned about Captain Gray's state because the officer had a habit of taking the wheel. If. anything happened to tho launch he might have lost his certificate. * .

Accused was cross-examined at length regarding a conversation he had with the proprietor of the Metropolitan H,otel with reference to Captain Gray. Ho had visited tho hotel in order to get evidence in support of his accusation, but got no information. He had not offered to "make it worth while" for the proprietor to give evidence. Ho had questioned various members of the Forces, but found them all "very reticent." They appeared to be afraid to say what they knew. He told them they would not be penalised for giving evidence. Some nion told him something, but refused point blank to give evidence even when told they would not suffer.

Mr. Treadwell said he had received a promise from Major Lilley that witnesses wonld not be penalised. Accused said that Sergeant Cole,. N.Z.M.P., had seen him in detention and had asked if the trouble could not be settled in some way. He had replied that if Captain Gray put him right ho had no wish to press the matter. He' had thought the sergeant camo from Captain Gray. He did not remember suggesting to Corporal M'Guire that Captain Gray should say he had taken something for. toothache on the night of August 1. To Mr. Treadwell: He based_ his opinion as to Captain Gray's condition on the captain's action. He was confirmed in his opinion by what Private Brown said to him later in the night. When asked for a written statement, Private Brown refused. He said it would "put his pot on." To the president: He did not believe the weather accounted for Captain Gray's actions on the night in question, ii-i The proceedings were adjourned until this morning.