MONTH’S IMPRISONMENT

Nelson Evening Mail, Volume 76, 29 July 1941, Page 4

MONTH’S IMPRISONMENT

MAN REFUSES TO UNDERGO MEDICAL EXAMINATION SON OF MAYOR OF WANGANUI Wanganui, July 28 “No one regrets more than I do to see you in this position,” said Mr Salmon, S.M., to John William Rogers, son of the mayor of Wanganui, Mr Rogers, M.L.C., in the Magistrates’ Court to-day, when imposing a sentence of one month’s imprisonment for failure to submit himself to an army medical examination under the National Service Regulations after being called up in a ballot. “My duty is simple,” said the magistrate. "I am called on to enforce these regulations. As recently as Friday last in Wellington a person who failed to report for medical examination was sentenced to a term of imprisonment. Rogers, sen., asked if it would be possible to serve the term of imprisonment for his son, but the magistrate replied that such a sentence could not be substituted. Rogers was charged that, having been drawn in a ballot under the National Service Regulations and being required by notice published in the New Zealand Gazette to report at the Drill Hall, Wanganui, on 2nd April, for medical examination, he did without lawful excuse fail to comply. He pleaded guilty. Mr Rogers. M.L.C., submitted that, under regulation 39, section 2, of the National Service Regulations, 1940. his son should have been charged with failing to report “without reasonable cause.” Senior-Sergeant F. Culloty. who appeared for the police. subsequently asked that the charge be amended to "requiring Rogers to submit himself for examination by a medical board or by any registered medical practitioner.” Rogers pleaded not guilty to the amended charge. OFFICER’S EVIDENCE Captain D. W. Curham, M.C., said Rogers was drawn in a ballot on 4th December, 1940. He appealed, and the appeal was dismissed. He received a notice to submit himself for medical examination on 18th December, 1940. Rogers interviewed him on the night before and expressed a desire to cooperate with the military authorities in the attitude he was taking up and asked whether he should report next day or not. Witness advised Rogers to report. He reported but refused to De medically examined. Rogers had the opportunity for a rehearing of his appeal before the Armed Forces Appeal Board but did not take advantage of this. He then received a registered notice to appear for medical examination. Rogers wrote to the Director of National Service and explained his attitude. He was later gazetted as a defaulter. Rogers had adopted very courteous and helpful attitude to the authorities, said Captain Curham.. STATEMENT TO COURT Rogers in a statement to the Court said: "I have come to a firm belief in the reality of the spirit of Christ and to Him I owe my complete allegiance. I believe that warfare is incompatible with life and the whole spirit of the teaching of Christ. On those grounds I take this humble stand. I would therefore have been inconsistent in submitting myself to medical examination. I do admit guilt in not doing so. but not in the matter of conscience. I trust I will be worthy of my belief.” Rogers senior said that in the last war an uncle of his son had been killed. The uncle’s wife came to New Zealand with two boys and later had to work a farm. A cousin had taken his life as a result of a war disability. Another uncle who had served 12 years in the Navy died in Wanganui. The knowledge of these facts resulted three years ago in his son signing a pacifist pledge, which he considered binding. “He feels, against my wish, that he is committed to that pledge,” Rogers senr. said.