DISLOYAL LANGUAGE

Evening Post, Volume XCII, Issue 55, 2 September 1916, Page 6

DISLOYAL LANGUAGE

HEAVY PENALTY IMPOSED

(BY TEIUGRAPU.—SPECIAL TO.THE POSI.)

AUCKLAND, This Day.

At the Magistrate's Court yesterday at Paeroa, before Mr. F.. J. Burgess, S.M., Milton Percy Orbell,'a labourer, was charged with using disloyal utterances' at Te Aroha.. Senior-Sergeant Wohlmann prosecuted. The evidence was to the effect that on the night of 23rd August accused was in the Palace Hotel at Te Aroha and struck up a conversation with three men named John Hogan, T. H. Trewheeler, and K. L. Gibbons.' His intervention was resented by the men, whereupon Orbell said that he was a "German officer," and, addressing the men, he said, "I would shoot you British down- like dogs. There are thousands we are''shooting' down: every day. You British will get a bullet through your brains before the morning. New Zealanders are no good. The Turks walked all over them. You chaps are , .and the Germans are men compared , with you. The Germans won the North Sea Battle, and the British never won at all. The wounded soldiers will never get the money collected for them, but it will go into rich men's pockets. The Germans will walk all over you, and in three weeks you will be under German rale. The Germans never have a defeat, and the, Russians never have a victory."

Hogan stated that later in the evening, in company with Trewheeler and Gibbons, he went into the Hot Springs Hotel and saw accused sitting • there in company with a returned soldier. He informed the returned man of what had taken place, and mentioned that he was sitting alongside of a German officer. Accused took exception to this, and made to 'strike Hogan, who retaliated, and hit Orbell in the face. A general melee ensued outside the hotel, and on arrival of the police accused had disappeared. Accused was arrested the' following morning. Trewheeler ■ and Gibbons gave corroborative evidence.

'■ Accused, in the witness-box, admitted the use of the language with reference to the North Sea Battle, but said he did not remember using the other language. He had come to Te Aroha about a month previously for tlie benefit of his health, intending to get work there if possible. He obtained work, and was getting on all right, but on account of having given offence by the use* of language in reference to the war, he was dismissed.

The Magistrate said he was quite "convinced that the language complained of was used by accused. He imposed a fine of £25 and costs, in default two months' imprisonment.