COURT-MARTIAL.

Marlborough Express, Volume XLVI, Issue 195, 17 August 1912, Page 8

COURT-MARTIAL.

ALLEGED BREACH OF DISCIPLINE.

[i-BESS ASSOCIATION.!

GORE, Aug. 16. A court-martial is being held here to-day, Sergt.-Major Sutton, of the permanent staff, being charged with conduct prejudicial to good order and military discipline, in that on July 30th, on being ordered by Capt. Glendining to proceed to Balf our and there make his headquarters from August 11th, he replied: "I refuse to do so," or words to that effect. , The Court was composed of Major Grant, V.C., (president), - Captains Sandle and Grant, and Lieutenants Fraser and Hay. Captain Hickey appeared for tke prosecutors, and Mr Cochrane appeared for the accused, who pleaded not guilty- ' ' . Counsel objected to the court, submitting that the case was not one to be tried by court-martial. Under section 67 of the Defence Act the Court should be a court of inquiry. He submitted that the matter should be referred to the Minister to adjudicate thereon. He contended that the matter was purely a departmental one, and not a question of military discipline. The offence, if committed, was not serious, and < was not defined in the manual on military law as one to be tried by courtmartial. :

The point was deliberated by the court and overruled.

In evidence, Captain Glendining said that when he gave the order to Sutton to go to Balfour, the accused said: "There are no quarters there." The witness asked if he refused to obey, and he"replied: "No, I don't; there are no quarters there." He again asked Sutton if he still refused, and the accused said: "I refuse to do so," or words to that effect. In cross-examination, the witness said that Sutton reported in a highly improper manner as to quarters, to the effect that the Department would have to make other arrangements.

Counsel: Was 'that all ? , ~ , The witness considered it beneath, the dignity of a sergt.-major to live in a two or three-roomed house. .

The' Court is still sitting