COURT-MARTIAL

Otago Witness, Issue 3333, 30 January 1918, Page 40

COURT-MARTIAL

MEDICAL EXAMINATION DECLINED. A court-martial w;is (says the Christchurch Press) held at the King Edward Barracks on Saturday, 19th inst., on Charles E. Warden and Arthur Borrows, who wore charged with refusing to obey the lawful commands of their superior officer. The court was constituted as follows:—Major A. J. M'Crcadie, N.Z.R.E., president; Captain F. V. OsmondSmith. First (Canterbury) Regiment. Captain F. H. Salter, Reserve of Officers; Lieutenant A. G. Maedonald, N.Z.G.A. (waiting member). Major K. M. Greason was prosecutor. The President asked Warden, who had refused prior to his trial to undergo military medical examination, why he persisted in this attitude. Warden replied that he thought that such an act as submitting himself for military medical examination would prejudice his case. The President assured Warden that his case would not bo prejudiced by such an act. Accused: Well, I can hardly do that. It is not that I wish to. doubt your word. I- object to military medical examination. The President: The position is that I cannot try you unless you are medically' examined, unless I get higher official authority to do so. The chances are that if you refuse you will have to be detained as a prisoner. 'I am trying to persuade you that you are going to be examined for your good. The medical examination is to see if you are fit to stand your trial, and, in tho event of your being convicted' and sentenced, if you 'are fit to stand your punishment. Accused persisted in his refusal to be examined, so the president announced that the case would be adjourned until 10 o'clock on Tuesday morning. Accused: Well, shall we be any "for-ra-rder" then? The President: "Well, I don't know." Borrows refused to be medically examined. When questioned as to his reasons for refusal he replied: "I shall not in any shape, or form acknowledge militarism. I will .not. I would rather face; death." The President: You are not acknowledging militarism if you are medically examined. Accused: Oh, but I am. The doctor is dressed in military uniform. lam not going to do anything that is acknowledging militarism. My opinions are too deeply affected. The President: It does not affect your case in any way. Nothing I can say will persuade you to be medically examined, then ? Accused: No^nothing. The court-martial resumed on the 22nd, when both men- were found guilty, but the sentence has not yet been confirmed, i The court was crowded throughout the hearing of the charges, many of those present being anti-militarists of the female variety, who commented on the proceedings, and frequently applauded the statements made. When > Burrows was found guilty his "friend" wished to give evidence, but was not allowed to do so by the president, whose action provoked a - riotous clamour from the rear of the court, which was promptly closed. f CHRISTCHURCH, January 23. Difficulty has arisen in connection with the two reservists, Charles B. Warden and Arthur Borrows, who were found guilty yesterday of refusing to obey the command of their superior officer and declining to submit to medical examination. The court-martial passed sentence, but Colonel Chaffey cannot confirm it until he is satisfied by the medical authorities that the prisoners are fit to undergo punishment. As the men refuse to be examined a doadlock has occurred. It is possible that the position will be submitted to headquarters at Wellington. Warden and Burrows, i who were found guilty by a court-martial of refusing to obey the lawful commands of their superior officer, were each sentenced to 12 months' hard labour.