CHURCH AND SCHOOLS

Evening Post, Volume CXXXIII, Issue 47, 25 February 1942, Page 4

CHURCH AND SCHOOLS

"We are approaching an age of paganism and the church that surrenders the secondary education of her children is a church that is doomed," said Mr. B. C. Clark, principal of the Wesley College, Paerata, when addressing the Methodist Conference yesterday. "I have heard it said that 'Donald Duck' and 'Mickey Mouse' mean more to many; children than does the teaching of Jesus Christ," continued Mr. Clark in an impassioned speech advocating the establishing of more church schools by the conference. The suggestion to establish a preparatory school at Mt. Wellington, Panmure, Auckland, met with, the hearty approval of the conference.

He had frequently betted with him. Witness used to "break, about even." (Laughter.) Dr. Mazengarb: You must have been well up. The Magistrate: Breaking even and getting presents all the time, he must have done quite well. Witness said that he had. discussed with Diederich on various occasions different financial schemes. Dr. Mazengarb: You wanted him to finance you in a crib competition?— Yes. The Magistrate: Pcx-haps his imagination is running riot again. Dr. Mazengarb: I can't see anything in that. The Magistrate: Perhaps you can't. Maybe I can. "Does your Worship suggest his imagination is running riot when he bets with this man?" asked counsel. "I imagine his imagination seems to do quite a lot of rioting," said the Magistrate. . J Counsel (to witness): Did you not go to him a second time, when he would not have anything to do with; it after the first occurrence, and suggest that by a payment of £50 you could have his name removed into class 4? —Yes, I mentioned that. He declined that?— Yes. "TOUCHING DYNAMITE." Do you remember his telling you not to have anything to do with it, that you would be touching dynamite? —I can't recollect his exact words, but he would not have anything to do with it. ~ On different occasions, said witness, he had gone to Diederich and borrowed money until pay-day, and on different occasions he had had from him money which he had won. He had called at Diederich's house for a loan because of some domestic trouble, and Diederich had given him a loan of £3. He had told the police that he was still owing the money. Questioned again by Mr. Biss, Berthold said that after Diederich had turned down the scheme he (witness) had still kept the card. Why?—l thought there was no hurry about putting it back. Why no hurry?— Well, it was really carelessness on my part. The result of his keeping back the card, said witness, was that Diederich did not participate in the ballots. Diederich was not to know that, he said. The cards wex-e returned by an officer of the Department prior to the last ballot. Clarence Barton Lye said that at one time he worked for the National Service Department. He was in charge pf the ballot room. After Berthold left the Department he met him, and Berthold gave him some ballot cards. That would be about the end of June, 1941, or early July, 1941. Berthold, at that time, had been away from the Department some months. Berthold put it to him that he could put the cards back in the ballot register. This he did. The only recollection he had of the names on the cards was of the name of Diederich.

Senior Detective P. Doyle gave evidence along the lines indicated by Mr. Biss relating to his interview with the

defendant, and corroborative evidence was given by Detective G. Hogan.

In answer to Dr. Mazengarb, Senior, Detective Doyle said that Diederich had shown him his leg, and, in witness's opinion, Diederich would never wear Army boots. The question of the condition of Diederich's heart was not discussed, witness said. . COUNSEL'S SUBMISSIONS. This concluded the evidence for the Crown. . v Dr. Mazengarb said that while one shared in the very proper and general prejudice against any conspiracy relating to the ballot, he submitted that the evidence against Diederich was not sufficient to justify the Court in determining that the case had been proved beyond reasonable doubt. Factors in the defendant's favour were that Berthold was the man who had tried to induce different people to join in the conspiracy, and that on Berthold's evidence there was no acceptance by Diederich of the proposal. Why would Berthold have approached Diederich with a proposal that he could be put in class 4 if, as alleged, a bribe had already been paid?

The Magistrate: Because class 4 would have taken him out of the final ballot. The immunity proposed in the first place was only up to the last ballot.

Dr. Mazengarb submitted thaf another strong point in the defendant's favour was that he knew he was unfit for military service. Why should he have taken the risk in that event of joining in any conspiracy? It was obvious from the evidence that Diederich and Berthold had been engaged in some betting transactions in which money had changed hands.

The Magistrate said that there might be a grave suspicion that there was something a little more than a loan, but still, as Dr. Mazengarb had said, Berthold was the man who approached Diederich, and Diederich's story to the police really corroborated the story Berthold told. The case would be dismissed.

Addressing the Court on behalf of Berthold, Mr. W. G. L. Mellish said that since the original hearing Berthold had said that certain promises were made to him that if he would tell the story the Army Intelligence Department wanted that Department would sep he got off lightly. "GRAVE CHARGE." j "If that is true, and I am prepared to put Berthold in the box to sub- j stantiate it, it is one of the gravest charges that has ever been niade against the administration of justice in this country," said counsel. The Magistrate: If you have any charges like that to make, you can lay them before the proper authorities. They can't affect the question of sentence. Counsel said that he had gathered from remarks made, during the cases, by the Magistrate, relating to the financial status of various parties, that one could only assume, with respect, that his Worship was then of the opinion that Berthold changed his story for a consideration. The Magistrate: I grant there is that suspicion. I can't say definitely there was any. Certainly, on the evidence given before me, I should think .the public would have that suspicion. Mr. Mellish: We are not concerned in Court with what the public thinks Counsel for the various defendants then briefly addressed the Court on the question of sentence. j DUTY OF THOSE APPROACHED. Before imposing sentence the Magistrate said it would, he was sure, be admitted that the offences committed were likely to destroy public confidence in the impartiality of the ballot. "The ballot system," he said, "is, as>far as it can be made so, a watertight system so long only as those in charge are honest and above reproach, but no system which, of necessity, must employ a large staff, can guard against fraud or criminality on the part of members of such staff. Further, it was, in my opinion, the bounden duty of those approached by Berthold, as patriotic and good citizens, to have immediately, informed the responsible authorities, and in not doing so they have, whether convicted or not, rendered possible his nefarious plan. From what I have said, it will be recognised that it is impossible to treat these offences as other than of- a grave nature, and I must treat them accordingly. I must also see that the punishments inflicted should be both a deterrent to others as well as a suitable corrective to those who have been found guilty/ Mr. J. A. Scott, for H. E. Howard, and Mr. F. W. Ongley, for Francis I Joseph Dwyer, were granted leave to appeal. ■