SERGEANT ACQUITTED

Otago Daily Times, Issue 24634, 16 June 1941, Page 4

SERGEANT ACQUITTED

COURT MARTIALPROCEEDINGS CASE AGAINST SECOND ACCUSED (PA.) ' - s June 14. V The court-martial acquitted Sergeant John Alexander McKane Wallace, who was charged with conduct to the prejudice of good order and military discipline :in illicitly giving Sergeant Godtschalk' documents so. that thereontents might be used for. the private benefit >of Major Vance, whose trial was completed yesterday. . After" Sergeant Wallace's statement had been presented* the defendingvbffiI cer said that .the charge cast a slur Oyer the accused's honour.: The use of the word " illicit" was. in his opinion, not justified, arid "improper" would have been sufficient, i The use of the word "illicit." combined with the accusation of doing what he had for the profit of Major Varice. was a/definitely unjustified, slur. - "■, . The statement and evidence indicated that ~ the accused had told .Sergeant Godtschalk that the lists!were not to go out of the office and .were confidential, but. as Major Varice had sent hirri in for,the list, the accused, hrthe absence of a superior officer, let it go out of the office for the night to be returned in the morning... He realised when visited by Major Folkes that he had committed not only a grave indiscretion but a breach of orders. . Captain Bryan said that he had not given the accused anv general; instructions in respect to the lists, as they were for witness's own personfl use. He would not himself have allowed the list to leave the office. Sergeant Wallace had done valuable work, and at one time worked so hard that be was in hospital for two months. He was trustworthy and fully-reliable. The case against Sergeant Robert Alburn- Godtschalk was continued with a statement by the accused that when Major Vance asked for the list it was not an order but a friendly request. In doing what he did he did not consider that he«was doing wrong, but had since realised that he was very wrone. He had not received any.payment in respect of the list; directly or indirectly, nor was he promised anv navment or gift. • Counsel urged that the case presented the same features as that against Sergeant Wallace, in that the accused's honour was clouded bv the wording and Darticulars of the charge. There was no monetary advantage accruing to. him from his action, CounseJ raised the question of an honourable acouittfl.

The case was later referred to th* convening officer for his consideration.