A CURIOUS CASE.

Marlborough Express, Volume XXXVII, Issue 120, 23 May 1903, Page 4

A CURIOUS CASE.

ACTION AGAINST MAJOR. GENERAL RUNDLE.

A curious case came before the Eng ■ lish Law Courts recently arising out of the South African War. An ex-Army nou-coimnissiom d o3lcer brought an action for damages against ■ MajorGeneral Ilnndlo and several other officers on the grouud of wrongful imprisonment during the war.

Tho plaintiff, ex - Sergeant-Major Eclmoudson, was attached to General Clement's flying column, and on June 24th, 1900, he took part in a night mnrch led by Captain Mildmay. The British force was -surprised by the Boers, and plaintiff, who was separated by about one hundred yards from hi 3 company, came to tho conclusion that everything was in disorder, that it was impossible for him to join them, and that the only thing which he could do was to make his way, with a number of stragglers, to Ventcrsburg, and roporfc himself to Colonel Sitwell. Ho informed that officer that tho force bad been surprised and routed, though it transpired subsequently that " the men stood their ground and beat off the Boers when General Brabant came up." When the true state of affairs became known, plaintiff was put under arrest, by order of General Rundlff, and sent on to Kronstadt and Harrismitb, where the other defendants, as officers, were implicated in his detention. He was not charged with any particular military offence, but a Court of Enquiry was held to obtain evidence as to plaintiff's absence from his company, and as to his having given a wrong report, which was calculated to spread despondency among the troop*. As actual warfare was going on all the tiire, however, most of the witnesses were too far off or too busily engaged to bo available, and plaintiff was kept in custody for eight months without any definite charges being preferred against him. He was then r.duced to the ranks, and dismissed without further explanation, except for being told that he was liable to re-arrest if further instructions arrived from the general officers.

In tho action subsequently brought for false imprisonment the Judge was not called upon to decide what were the reasons for degradation. On tho real point at issue he gavo judgment for the defendants, on the ground that it would be contrary to public policy that tho orders of a military officer, issued while war was in progre v s, should be called in question by a civil court after its conclusion.

Road Closed.—On Monday next, and till further notice, the Redwood Pass Road will be closed to all trajEe.