OFFICER ACQUITTED

Evening Post, Volume CXXXI, Issue 127, 31 May 1941, Page 5

OFFICER ACQUITTED

COURT-MARTIAL HELD

SERGEANT ALSO CHARGED

A general court martial held at Trentharn Military Camp yesterday and, last night dealt with charges of theft and receiving of clothing from the quartermaster's store at the mobilisation camp. Second. Lieutenant Robert Alfred Howarth, Second N.Z.E.F., was charged with receiving public goods on May 22 knowing them to be stolen, and with conduct to the prejudice of good order and military discipline by being in improper possession of goods. Temporary Sergeant Claude Harrison, camp staff company, Trentham, was charged 1 that, being concerned in the care and distribution of public goods, he did steal the articles, and alternately with theft and receiving. Both pleaded not guilty. The trials were conducted separately. The Court consisted of LieutenantColonel R. H. Rowland, D.S.O. (president), Major E. F. J. Reeves, M.C., Major J. F. B. Stevenson, M.C., Captain R. C. Hollis, M.C., and Lieutenant I. Macarthur. Major A. B." Sievwright, E.D., was Judge Advocate, and Major J. H. Dunn prosecuted. Second Lieutenant A. J. Mazengarb appeared for Harrison, and Mr. S: A. Wirens for Haworth. In the case against Howarth, Major E. L. G. Bown, Chief Ordnance Officer, identified the shorts produced as having been Government property. They would be on sale in the camp, through the ordnance cashier and the store. A search of ordnance dockets showed that no sales had been made to the accused since March 17. The articles were not issued free to officers of the Expeditionary Force, and no member of the camp quartermaster's staff had authority to sell clothing. Cross-examined by Mr. Wiren, witness said that such garments had not been on sale in the camp until the last three months, and that since then they had been sold when available. It was impossible to tell whether the articles produced were taken out of stock, were personal issue, or had been sold. It was quite possible, though unlikely, that a second lieutenant would not know the authority of a member of the quartermaster's staff. As the correct method of purchase was widely known, anyone offered goods in another way, would naturally be on the gui vive. The articles produced were not sold to the accused, but could have been sold to someone else. "ACCUSED SURPRISED." Lieutenant C. S. Swan, Assistant Camp Quartermaster, and Major A. E. Gordon, the accused's commanding officer at the time, described the kit inspection held ojn the morning of May 24. Both said that the accused made no attempt at concealment, and showed no sign of a guilty conscience, and he seemed genuinely surprised that there was anything wrong. Sergeant L. Ridgway gave evidence as to seeing the accused officer in the hut occupied by members of the camp staff on the evening of May 22. The accused seemed to be going to Sergeant Harrison's cubicle. Private P. Stanlake said that Sergeant Harrison obtained the keys of the store from [him at about 6.45 that evening.

In evidence, the accused said that on May 22 the men were being equipped in the quartermaster's store. In conversation with Sergeant Harrison, the accused said he would like to buy certain gear, and Sergeant Harrison said he would arrange it. Prior to this, the accused had tried to get shorts from the officers' store, but was advised that there were none in stock. He had bought two pairs outside the camp, but these were inferior to those being issued to the men. Later, on May 22, Harrison asked him to come to the store in the evening, which he did. The store was shut, and Sergeant Harrison was standing outside. Harrison asked him into the cubicle, where he was given articles, and paid Harrison £1. The accused thought this was the issue price.

In reply to a question by Major Reeves, the accused said he had regarded the matter as a transaction, and expected Harrison to pay the money in to the Department.

The Court found the accused Howarth not guilty, and honourably acquitted him on both charges. Evidence in the case against Harrison was along similar lines. Major Bown admitted the possibility of Harrison receiving the articles from a person lawfully in possession of them. A decision was reached at the conclusion of the hearing, and the matter was referred for the consideration of the commanding officer.