DISTRICT COURT-MARTIAL.

Manawatu Standard, Volume XLII, Issue 10117, 26 October 1917, Page 5

DISTRICT COURT-MARTIAL.

FRANCIS JOSEPH CARROLL ON 1 TRIAL. I The trial of Francis Joseph Carroll, on a charge of alleged desertion from tho Expeditionary Force, was resumed at tho (V.urthouse this morning. The Court.was constituted as follows: Lieut.-Colonel 1.. W. McDonald (president), Major . Bosworth, Major Scholield. and Second-Lieut. D. 11. Birldcy. Captain I'. E. Baldwin was prosecutor. , . , I The charge against Carroll was as tol>]ows; _"Deserting his Majesty's service, in that he absented himself from the New Zealand Expeditionary Force from 4 p.m. on Monday, the sth day of February, 1917, until t apprehended 1 by the civil police at Awanui North, on Tuesdav, the 9th day of October, 1917." , . „ „ Mr A: M. Ongley appeared for Carrol,, who pleaded "not guilty." \s the case has created a good deal ol interest, there was a large attendance of the l't'blic. . , . „ , , , Captain Baldwin briefly addressed the Court on the calling up of Carroll under section 35, the lodging of an appeal, and its disposal by the First Wellington Military i Appeal Board, which dismissed the appeal, 'and ordered Carroll to proceed to camp-on Febraury sth last, a notice also having; been sent |,im to this effect. Accused left this district and went to Gisborne, and from there to the extreme North of Auckland, where he was arrested. He was passing himself off a b an American citizen. I THE EVIDENCE.

Captain Leslie Miles, unattached list, pro. duced the files authorising the calling up of Francis Joseph Carroll under section 35 oi the Military Service Act. The authority was issued by the Minister for Defence Witness then detailed the procedure followed in cases of men being called up and ordered to cam)). , . , To Mr Ongley: Are the notices under Section 35 prepared in jour office?

Witness: Yes. Mr Ongley: Are thoy signed by an authorised officer ? Witness: Yes. . Mr Onglcy: Who signed tho notice to Francis Joseph Carroll? . Witness: 1 cannot say, but I think it was signed by Major Osborne Lilly. The notices were signed in duplicate. Counsel drew the Court's attention to the fact that the notice was signed in the margin of the notice only, evidently for identification purposes. THE GROUP COMMANDER, Captain .M. MiicDonnell, N.Z. Staff Corps. commander of No. 6 (Manawatu) Group, gave evidence as to receiving notice from Major Lilly, regarding the calling up 01 Carroll. The notice was handed on to the police for service. Carroll appealed after the notice wa. s served. Witness was present at tho sitting of the Appeal Board in Palme-rstoii on .January 15 last, when the appeal was heard. Carroll wa.s asked to attest in witness' presence, after the appeal, but refused to take the oath. He did not take the oath. The date of concentration of tlie draft for camp was February 5, and Carroll was notified to para.de that day at the Palmerston Showgrounds. lie did not report for duty, and a few day s later witness wired Carrol] asking his reasons for not. going to camp, but no reply was received. Accused Ind never reported to witness's office since February 5, nor had ho.communicated with the office. Witness issued a. warrant lo the police for Carroll's arrest, and witness finally heard he had been arrested in the Auckland district, Mr Ongley: Did you know that Carroll need not (alee the oath till the day after his appeal was heard? Witness: No. 1 was not clear on tho Act on that, point then. Mr Ongley: You know now he was under no obligation to take the oath, at that time? Witness: Yes. Mr Ongley: And that yon were exceeding your duty in asking him to take the oath then?

Witness: I don't admit that. Mr Ongley: The only notice you sent to Carroll after his appeal was by letter? Witness: Yes. Mr Ongley: Did you post, the letter'.' Witness: No, I signed it, and it was sent bv the stall' hi the ordinary way, 'Mr Ongley: Were not the member? of your staff pretty raw material 1 Witness: No, the despatch clerk I bad then was very efficient. Mr Ongley: You were more fortunate then than von are now probably. REFUSED TO ATTEST. Major W. O. Ashworth, Sixth Manawafn Mounted Rifles, said he was in charge of areas 23 and 24. and an authorised officer under the Military Service Act. Carroll visited witness'.- office on January 15. tieday of liis appeal, but he refused to attest. Accused's name was among the list of men to parade on February sth last, and a registered notice was sent to his registered address calling upon him to report himself on that day. Mr Ongley: Did you ever request Carroll to attest after he became a member of the Expeditionary Force ? Witness: No GLEN ORODA POSTMISTRESS. Ellen Twohill, postmistress, Glen Oroua, produced her book of registered letters received, showing that a registered letter for Francis Joseph Carroll was delivered lo Vincent Carroll, a brother, on January 19, 1917. A postal otlicial had authority to hand a registered letter to the brother of the addressee, provided the official is satisfied that the person receiving the letter is a brother. Witness could not swear that Francis Joseph Carroll was in Glen Oroua at that time, nor did she remember seeing him there after January 19. .She had met accused, and identified him in Court. Another registered letter addressed to William Carroll, was also delivered to Vincent (Jarroll on January 19. Mr Ongley : To put it shortly, you cannot swear that that registered notice was ever delivered to Francis Joseph Carroll? Witness: No, 1 cannot. THE APPEAL BOARD'S FINDING. James Funis Hull, secretary of the Wellington Military Service Boards, said he was clerk lo the First Wellington Military Appeal Board at the time Carroll's appeal wa.s heard. The Board's determination was that the appeal was dismissed, and leave granted fill February 5: To the president: The Board's [Hiding was forwarded to tho Commandant of tho New Zealand Forces, lie could not say what, became of it after that. SECTION 35 NOTICE SERVED. Constable M. F. Blaxland, or Rongotea, said he knew the accused, who was dairyfarming with his brothers at Glen Oroua. A brother, Vincent Carroll, was living at the farm with accused. Witness served accused with a notice tinder section 35 of the Military Service Act on his farm on November 6, 1916, at about 4.15 p.m. Witness served accused's brothers with notices at the same time. Witness; subsequently received a warrant for the arrest of accused. As the Court was preparing to adjourn, accused asked if he would be allowed to nee his counsel, Colonel McDonatd: '1 ho Court has no objection whatever. , Accused: The reason I ask is that the first intimation 1 received that 1 was going to bo tried tins morning was when the military police walked in. Colonel McDonald : 1 may eay that your counsel may see you at any time and that tho Court will allow you the fullest latitude in preparing and conducting your case. Tho Court, then adjourned till 2.30 this afternoon, when the evidence of Constable Blaxland will be concluded, and the evidence of Captain Walker (military representative on the First Wellington Appeal Board), and Constable Martin (of Kaitaia) will be heard.