CAMP QUARREL

Greymouth Evening Star, 11 June 1927, Page 7

CAMP QUARREL

COURT-MARTIAL EVIDENCE “FINGERS TO NOSE” (Per Press Association.) HAWERA, June 10. Charges of disobeying, the lawful command given by a superior officer, performing an act to the, prejudice of good order and military discipline, were preferred against Staff-Sergeant Major C. S. Mahoney, at a sitting of a court martial to-day. The charges included a count of using insubordinate language in that he said: —“I will not take any orders from any Territorial officer,” and also that he'acted in a way to the prejudice of military discipline, in’ that he called “Hey! Harvey!” and performed ,an insulting act with hands. Mr Spratt appeared for the accused and pleaded not guilty. He objected to the first two charges on the grounds that those charges did not disclose any offence under the Army Act, and that they were not in accord with the rules of procedure under the Army and Defence Acts. The objections were disallowed. The objection hinged. on the interpretation of the words “permanent force,” the constitution of which was shown to be separate entry ’by an amendment to the Defence Act of 1912. Captain Harvey, giving evidence, said he asked accused to give a reason for being late on stable parade. Accused refused, telling witness he was not his commanding officer, and that he would not take orders from Territorial officers. Witness ordered him to go to his tent, the accused refusing, and later calling out —“Hey! Harvey!” and putting his fingers to his nose. Questioned by the Court, witness said he could not say whether accused had gone to the tent subsequently, but at the time he said, “I won’t.” Lieut. D. Forsyth, an eye-witness, said he heard the trouble, but he did not hear the accused address Harvey as anything but as Captain. Captain B. W. Smart, another eyewitness. said he did not hear the conversation, but could tell it was be coming heated. The accused had continued to salute Harvey. He said he guessed he would not take orders from a Territorial officer. Harvey ordered him to his tent. He heard accused shout and saw him put his fingers to his nose. Evidence for the defence was given bv the accused, who stated that he was not aware of the time at which the squadron was to proceed to water, and his watch had stopped. Later on Harvey had demanded an explanation. Accused had replied that he had received ■no orders to take the squadron back to the lines. On being told that that was no excuse, he suggested that “any complaint Harvey should report to the Adjutant.” A quarrel developed. The Captain ordered the accused to go to his tent. He refused to do so, and said he could take no orders from a Territorial officer. Accused understood he was answerable only to the Staff Officers. He denied he had put his fingers to his nose, or that he had called out, “Hey Harvey.” He suggested that he used the expression, “I’m Mahoney!” Evidence was given by a number of local citizens as to accused’s characThe Court then closed for consideration of its finding. No announcement was made, and one will not be available until it is confirmed by headquarters and the Judge Advocate.