DISLOYAL UTTERANCE

Southland Times, Issue 17936, 30 January 1917, Page 3

DISLOYAL UTTERANCE

IT’S GERMANY FOR ME."

A COST I, V STATKMKNT

I'd rather tight for Germany titan like the police and you."

That was what John Kevern, a married man of 32, told Staff-Sergt.-Major Cassidy, a returned Anr.ac, In the Defence, office on Saturday evening. Yesterday morning Senior-Se.rgt. Hurrowes retailed the remark. in company with others, to Messrs das. Ward and J. A. Jackson, J.'s.P., before whom Kevern appeared.

In addition to being charged with disloyal utterance, Kevern was called to task for assaulting the Sergeant-Major by kicking him in the stomach, for assaulting Constable Austin by striking him in the face with his clenched list, and for resisting the police. I laving elected to he dealt with summarily, the accused stated that he had no recollection of striking the Sergt.-Major so would plead "guilty” to that charge. Then, evidently just to vary matters, he proceeded to plead "Not tluilty" to assaulting the police but "Guilty" of resistance, although lie averred that he had no recollection of either occurrence. At this stage, the Bench, apparently desirous of coming to a definite understanding with the accused, enquired if he were going to have a solicitor or intended conducting his own case. At first he was undecided: then he announced that he would think it over, and. when informed that he must decide at nnc-c, suddenly resolved to engage legal talent. Which lawyer would he like? Mr Keddell. A telephone ring, and the answer that Mr Keddell was out of town Then be would have Mr Haggitt.

When the Court had resumed after a short adjournment to allow solicitor and client to confer, Mr Haggitt entered pleas of "Guilty" to all of the charges, since the accused could remember nothing about any of them. In outlining the prosecution, Senior-Sergeant Burrowes said that Sergt.-Major Cassidy had been busy in the Defence office about 8 p.m. on Saturday when he heard someone shouting and singing in the drill hall. He went out and found Kevern, who stated that he wanted to enlist. The Sergt.-Major told him to come back on Monday when he was sober, but the accused said that if he could not enlist then he would fight for Germany. The Sergt.-Major then walked back to his office whither Kevern followed using obscene language. Another man arrived to enlist and the Sergt.Major signed him on. upon which the accused announced that he was Jack Brown, from Browns. When the recruit left Cassidy went on with his typewriting until Kevern stopped him. Then the Sergt.-Major rang up the police and the accused grabbed the received and kicked the uniformed man in the stomach. His next move was to go outside and use Insulting language to a party of ladies and gentlemen who were passing the hall. A little later the constable arrived, but, to his queries, Kevern for some time gave no answer except a continuation of his filthy language. When the policeman asked him his name, however. the accused pulled off his coat, assumed a pugilistic attitude and affirmed that he was John Brown, from Browns. He drove this statement of his identification home by following it up with '‘You're iiars, both of

you; You’re a lot of Ttien, having rushed at the constable with his closed fist. Kevern rounded on the military man with: "I’d rather light for Germany than for like the

police and you.” .Soon after this, in answer to a telephone message, a taxicab arrived and the accused, kicking and struggling with all his strength, was placed aboard. On the journey to the police station he kept up his language and punctuated its How witli yells of “It's Germany for me! It’s Germany for me!” Arrived at his destination for the. time being, the arrestee continued to struggle anti once his boot just grazed the Senior-Sergeant's face. finally, while being dragged to his cell, he, expressed the hope that Germany might triumph over his captors, such expression being couched in particularly lurid language.

Mr Haggltt’s defence was short. The accused, who had a wife and two children and was a flaxmiller at X’ew River, had been under the influence of drink and had not known what he was doing or saying.

Senior-Sergeant Burrowe-x maintained that. although the accused had had drink, he was not drunk. In any case drink was no excuse for any crime. This Mr Haggitt admitted but hold that, while not an excuse, alcohol was in some cases a mitigating circumstance. He suggested that the ends of Justice would best be served by the making out of a prohibition order, which course was agreeable to the accused. The Bench was not inclined to taJte a lenient view of the case. On the two assault charges and that of resisting K.evern was lined £1 each, or £" in all. The remaining count the Justices considered a very serious one and the accused was liable to a heavy penalty. The cause of the whole thing appeared to he the drink and he should leave It alone. The accused: I know that.

The Bench was pleased to know that he recognised that and hoped that these proceedings would be a lesson to him. The, sentiments which he had expressed and the language which he had used were alike very bad and a disgrace to any Britisher. He ought to he thoroughly ashamed of himself.

Kevern admitted that that was so,

The .lu.stices had, however, considered the, man’s position, as well as his wife and family, and had decided to line him only £lO on the fourth charge. Had he been a foreigner he might not have been penalised so heavily, but a £lO fine was very light for a Britisli subject who had said such tilings as he had. The accused was prohibited at his own request, and one day was allowed iC which to pay the lines.