DISTRICT COURT-MARTIAL

Otago Witness, Issue 3384, 22 January 1919, Page 26

DISTRICT COURT-MARTIAL

THREE MILITARY DEFAULTERS CHARGED.

Major Greenhough (president), and Lieutenants F. L. Hunt and W. S. M'Crorie (members) sat as a court-martial at the Central Battery on the 14th' to try three men oherged with being military' defaulters. Lieutenant E. G. H. Garden acted as prosecutor.

Private Wm. Hoy, of the New Zealand Expeditionary Force, was charged with absenting himself without leave, in that at Oamaru on December 26, 1916, he failed to appear before the Medical Board. Mr Irwin appeared for Hoy, who pleaded guilty. Mr Irwin said ,'this case was slightly different from' that of a conscientious objector. There was no question of conscientious objection so far as the- prisoner was concerned. It appeared that Hoy came before the Military Appeal Board at Oamaru and applied for exemption. His mother at that time was licensee of a hotel at Duntroon, of which the prisoner was really the manager, and his sister assisted in the management. He also had a lease of a farm at Oamaru. The financial position of the prisoner was not strong, and he perhaps felt some reluctance in putting the whole facts before the board. He was told that he must get rid of his property, and parade for medical examination on Boxing Day. He said he could not be there on that day, and the court would understand that it was very inconvenient for a man in chaTge of a country hotel to get away on Boxing Day. He did not attend the parade. He resented the order to go into camp at once, and felt that he had been hardly treated in comparison with other appellants. He went to the North Island, and once he had taken this false step of going away he had not sufficient courage to come back and face the position. Unfortunately the mortgagees shortly after seized the hotel, and his mother and sister were' put out. From time to" time the prisoner had sent his mother money. He was a very decent man whose conduct was reported as good. Lieutenant Garden said the prisoner had been under military custody for 28 daya. The sentence of the court will be promulgated in due course. Private Michael Cody, New Zealand Expeditionary Force, was .with absenting himself without leave, in that at Invercargill on July 18. 1917, he failed to concentrate with his draft when ordered to do so by Major Crowther, commander of Group 14, Invercargill. Mr Hay appeared for Cody, and pleaded guilty on his behalf. Mr Hay said the prisoner belonged to a. family which in the past had proved themselves good and admirable citizens. It appeared that the father and mother were both alive, but at the time the prisoner wag called up the father was in bad health. The family had three agricultural farms at the time —in all, about 3000 acres—and considerable labour was required to work them. The farms were some distance apart. There were five sons in the family, all being entirely engaged in the working of the farm. The father and mother were Irish people of the old type. The family had undertaken huge responsibilities and that was the position at the time the prisoner was called up- The family was called up under Section 35, and the result was that two of the sons were sent immediately to camp, and the present prisoner was given a month or two in which to go. The family apparently considered it was not being treated fairly by the board sending three s<"ns out of five, considering the responsibilit> in working the three farm's. A feeling ot discontent was thus created in the family. Since the prisoner had been arrested some time ago—about June or August—he had been charged at Wangamii with a breach of the Military Service Act in changing hie name without the permission of the Government Statistician, and had been sentenced to three months' imprisonment. Altogether he had been in gaol or under detention about 'six months. Counsel put forward a sympathetic plea on behalf of the wife of the prisoner, who is at present in the hands of the doctor. Sentence wiß be promulgated in due course. Private Bernard Bradley. New Zealand Expeditionary Force, was charged with absenting himself without leave, in that a$ Invercargill on October 25. 1917, he failed to appear before the Medical Board. The prisoner pleaded guilty. He said he had nothing to put forward in mitigation of any sentence which might be passed on him. <". The sentence will be, promulgated in du« course.