DISLOYAL UTTERANCES

Southland Times, Issue 17831, 7 September 1916, Page 2

DISLOYAL UTTERANCES

ONE MONTH'S IMPRISONMENT. The first case of its kind to be heard in Invercargill came before Mr G. Cruickshanks, S.M., yesterday, when Martin Kane was charged under the War Regulations Act with publishing a statement likely to interfere with recruiting, and also with making a statement Indicating disloyalty in respect of the present war by using the words: "To Hell with King George. I do not care if I were under German rule. I would rather do twelve months in goal than fight for the British. A man is mad to go and fight for the British when he could get better treatment under the Germans."

Inspector Norwood prosecuted, and Mr H. A. Macdonald appeared for the accused, who pleaded not guilty. Inspector Norwood said that the statements referred to in the charge had been made In the presence of other young fellows in the Alhambra Billiard Saloon. The matter had been reported to the military authorities and the accused’s arrest ordered. James Hlslop, salesman for Sargood, Son and Ewen, stated that on the evening of 4th Inst, he was in the Alhambra Billiard Saloon and saw the accused there with some other young fellows. The accused was saying; “To Hell with King George!” The accused said he had a brother who had gone to the war and returned and could not get a job now, and a team of horses would not pull him (the accused) to the war. He also said that he would rather go to gaol for 12 months than fight for King George, and that a man was a fool to fight for the British for a paltry five bob a day "when he could get more from the Germans.” The accused went on to characterise King George as a thief and a waster. The accused hit witness. The former appeared to have been drinking, but not to be drunk.

To Mr Macdonald —The accused hit witness for some reason arising out of the argument, in which a number of those present were taking part. Witness himself was not eligible for enlistment, being under military age. William Witsey, marker at the Alham. bra Billiard Saloon, said that on the occasion In question he saw the accused come Into the saloon. Witness had previously heard the accused speaking in favour of the Germans, and had told him about six months ago that he was a pro-German. The accused had denied this. Witness related what he had heard of the statements the accused was charged with making. The accused had spoken disparagingly of the Allies for about three hours. The accused appeared to he upset about his brother not being able to -get work.

To Mr Macdonald The accused went out several times and appeared to be getting liquor, though witness saw none. Stanley Fuller, hairdresser, said that he was playing pool in the Alhambra Saloon when he heard the accused make a disparaging remark about the 'English and this had made witness turn to reply. The accused said later In the evening that he would sooner serve twelve montiis than fight for a lot of b -s like those (indicating a number of young fellows present, including man in uniform.) Witness felt rather hurt at what the accused was saying. Mr Macdonald Have you enlisted?

Witness No; and what’s that got to do with you. I have six brothers at the war if that’s any news to you.

Questioned as to the accused's sobriety, witness said that the accused seemed to have had a few drinks, but he was not drunk. The accused left for a while, and was more excited when he came back He was roaming up and down and throwing his fists about. He acted like a man who was talking his mind. He knew very well what he was talking about. .John Burt, who appeared in uniform, stated that he had been Invalided home from Fremantle. He had seen the accused in the saloon on the 4 th, and had heard the latter make disparaging remarks about the British rule. The accused said America was the best country in the world, and that he would have gone there, only they would not let him leave the country. The accused went out and returned, afterwards continuing his disloyal expressions of opinion. There were 30 or 30 presons present at the. time. To Mr Macdonald Witness was in the saloon two or three hours. The accused had gone out once, to witness’ knowledge. He had got more excited as the evening went on. Victor Kilby, carpenter, said that the accused had referred to him and his friends as “mugs” to'fight for Britain. Speaking about the King, he had said that he himself could do all the King did, and that the King was “sponging on the public.” The accused appeared to have had drink. The appearance of his eyes seemed to suggest that he bad been out in the cold.

Mr Macdonald said that the defence was simply that the accused was under the influence of liquor, and did not know what he was saying. lie had one brother who had gone through the Boer war, and another who had fought at He himself had an enlistment form in his pocket on the occasion In question. The accused stated that on the evening in question he had been drinking, and his head was In a whirl, so that he did not realise what he was saying. He had argued for the sake of arguing. He was an Irishman. He had registered and was willing to go to the front if the doctor would pass him. He had an enlistment form in his pocket while he was arguing. Cross-examined, witness stated that he had never said the British would be tetter under German rule. If the young fellows in the saloon had given him a hiding there and then it would have been a more manly action than to take as they had taken what a man said while in his condition. His Worship said that he could not believe that the accused was so drunk as he liad tried to make out. In any case, what a man said when he was drunk he thought when he was sober. The accused was convicted, and sentenced to one month’s imprisonment on the first charge.