THE KNYVETT COURT-MARTIAL.

Oamaru Mail, Volume XXXIX, Issue 10763, 10 May 1911, Page 4

THE KNYVETT COURT-MARTIAL.

(Per' Press Association - .) Wellington, May 9. j At. the Knyvrii court-martial. ; UofoneF Wolfe said 'ho -,v;is sori'v i.o j forward Knyvett'.s loiter to h.-ndrjuar-ters. He'thought Knyvcu kii<\v at the ' time that iviin'-'-s wa.- anxiou.-; the !*-:;< r ' should not go. Kn.vvou could not, have i misunderstood 'that witrie.-., <-,,n-■;.U---,.-,J ' it .insubordinate. ; .Captain Spine,.,- Smith. '■,,,,,,.,.! for \ the prosecution, .-aid i!i.. pr<■-,'cntion | based its cast- u;x.n tli.- point that K'nyvett was warned of its i'mprop, -ie!; aiid ; insubordination. Ex-Captain Kn;. ve:; -aid In- v.-;:- cap- ; tain in No. I Auckland (iarri-ch Artil- : ler.v iu Nov.-nib-'r, I!.':!'.!. In (!<■;,,!,,..■ 1909, certain trouble too!: niae,. j,, ~,,„- : liection with a trip which' In- and his '< company made i,~ Wellington, lie i considered !:•• had a -nevaTa-. a'.'ain-i ' the Chief .:•;' th- K-.-noral Siali". lie ad- ' iilittr-d wri;h,g H;,. |,.;i.,. r ~,,,,p1ain. r| of. ; Ho wreU- it ■.',!:;!•■ in tlic pp-.-ence-I,l' his ! senior . viballi-ru (Cap; ain ■ They went :o OLmel i'ateivon's office, i and showed h:m tl.-.- h-tt; r. C'oion-I . Patcrson said it v.':i., "i.ivuv hoi."' but ; bo would lurv.-ard it.. .-,«'. Colonel Patertson was <iiiir..r j M charge oi" the Carri- i son. Artillery Divi.-ioii. lie- told v.iua.ss j that if he wwe m>t. miiv of his i'acU he j would get into trouble. Witi.-e.-, as- I snrod Colonel l'a-.,r-on that, he v.::-. ~uie ! of his lacs. ('amain (livelier was : present. An inquiry had lieeii held, into . his leaving Auckland v. ii!i his eompanv | without h-avc. Colonel Woli'e had iii- I funned witne-.s thai | ie «■;,.< quite .satis- j fied' that witness, had got lea've to ira- 1 ?el. Colohtd Wnlte had read the letter! and told him lie would get into serious trouble if lie was not sure of hi.- facts. On .November li> Colonel Wolfe had telephoned to him asking if witne.ss remembered being warned as to the facts of, his letter, and witness replied in the affirmative. 11.. u'a„ told that the letter would be forwarded to Colonel Tuson with a covering letter asking for advice. Colonel Wolfe said that Colonel Tuson was" a personal friend, and would be sure to return the original letter without openinc it, as required by Colonel Wolfe. Colonel Wolfe informed witness that he would let him know as soon as.he received a reply from Colonel Tuson. He was positive on this point. Witness waited to hear the reply. He thought Colonel Wolfe wanted it on record that witness had been warned as to* the letter, and that Colonel Wolfe wanted him to sign a document to that effect. He .signed the document. He had,every intention of abiding by Colonel Tuson's opinion. Three other senior officers of Auckland had seen the letter, and none of them told him that it was improper or insubordinate. Witness never personally thought the letter was impertinent or insubordinate. He had no personal animus against the officer complained of. He had promised his men that if they behaved, themselves in •Wellington he would make an official complaint and have the matter investigated. The published interviews under the; name of the officer complained of was what rankled most in witness' mind. • -Mr -Xeave said the evidence concerning- what' Colonel Wolfe said to the cused and all the. other evidence as to whether accused was aware of what his conduct should have been was quite irrelevant to the proceedings. . Captain Dawson: "We want to show that the warning was not the hea\*j' and serious one it purports to he. •Mr Neave: We have relied upon -no warning. It is no part of our case. The evidence of Colonel Wolfe's warning to the accused was elicited by Captain Dawson himself. The Judge Advocate said it was irre-: leyant. It was customary ,to allow -cused all the latitude possible. . -Mr Neave_ submitted that anything fnrther showing the provocation alleged against Colonel Robin -should not be allowed. • > ' .-.Tie President: I do not think it is. relevant.. I .have no objection to the • ijewspaper article being put in. ■bla .commencing his cross-examination, MfciNeavc said: Do you think it possibie to prefer a charge or series of charges against your superior officer Without using abusive or offensive languggepTtrWitness: : The circumstances cj>nnecte<l, with, the letter were such X.had;to point out the article. I BjiSktdjput the whole facts in.. \V3UEr.lJeare: Would'it-not have been 11ipjsuhstance_of the charge?—Wit nesS: f'ST»nted, the: thing to he investigated. _ Mr Neave: Could you not have done it without using offensive language:?—: Ir-jfisfc dictated the letter to.my shorts * J(andv,writer-just as the facts ciune to iny-mirid; because 1 Wanted an investir §'" ftpn.; :1 wanted to put iii all the te-. :'afr-.-the.' time so, that- when got, to Golonel- Robin he would ask nie-for-an explanation. He haTt alreadjremsedimea personal explanation. • Neave: l)o you think it a proper tftrm to- say of a superior officer that j he-is guilty of nnexampled officialdom? ■ At the time I wrote the let- | tfer-.I: thought so. j >'".Mr Jfeave: Do.you think so now? —] I will.respectfully request that i answer that how. | • Mr'.Nearer I will not press yon for j an; answer.

■ \ : ln further, reply, witness said he had " iS> other alternative than to make the charge. He was sorry he had had to ma&eit. If a junior officer of Ills corps had; made a similar complaint- concern-ing>-witness to witness' superior officer hoTvould. consider it to the prejudice 'tip. 'discipline. _ . ~ B.ecanse such a complaint should be s made through me. ■-ii-f- ; Wellington, May 10. '!" Colonel Wolfe said when he arrived in Auckland No. 1 Company was in a very had state, and Knyvett was responsible for-"most of .the great improvement winch followed. Knyvett was one of the. keenest officers in the district, and witness thought the incident due to - Knyvett being, in an excitable, mood when he returned from Wellington. ; TJp tortile time of the incident witness had always found Knyvett subordinate,- and Colonel Davies, the Inspector-General, had. highly commended Knyvett for the manner in which he had trained his company. .Counsel for prisoner put in a testimonial from Lieut.-Colonel Paterson, expressing the highest approbation of Knyvett's efforts to encourage volunteering in Auckland. . -. Captain Dawson said all the defence ' iiad to do was to prove that the letter was not insubordinate or improper. Counsel detailed.Knyvett's career. He said the letter was worded in language - which, though perhaps rough and_crude, was simply in terms which_ Knyvett woidd use in ordinary business life.. Colonel Paterson had not'thought the letter insubordinate or he would have told Knyvett so in no light terms. Counsel contended that Knyvett had no guilty intent, of. improper/or insubordinate language.' When Knyvett's company wanted to disband on Knjv yett's dismissal it was Knyvett alone as a.'civilian who. asked and "persuaded j them to'keep'together.' : \ • •_ ! -Counsel for the prosecution said ac- j cused Was not charged with; preferring 1 . at'charge against his superior- officer, j aVany member of the -defence force was j . allowed to do so, but the'charge was j IKat-in;' preferring''the- charge' he tdid | insubordinate mariner. Ignor- f aiicevw'as no excuse for such • action, | espe'ciallv as officers :aare- expected to ; know better. The facts showed'that I Erivvett had been warned about the let- ■; ter"before he forwarded it to the Minister of Defence and after Colonel Wolf? \ returned the letter to Knyvett with a ' warning the latter endorsed it noted • aiid regretted that he was unable, to' alter the contents, which counsel con- j tended'was really an aggravation of tin- ; offence^' The statement that Knyveli j on rbhe :return from Wellingtonwas in j an-excitable mood bore no weight, as j - three days later lie still refused to with- ! draw oralcer the letter. The 'juration .; . of-intent did not ratrf hi to ill" ease: , ' but the question was wnVthrr tin- letter ■ ' was 'insubordinate in language or not. The Judge Advocate .-aid tile f|Ue.s- 1 tion of intent only enl--red into the; matter nt the ca>v of conviction. : The Court then eh.-ed :,w\ round to i consider its finding. .