COURT MARTIAL.

Sun (Christchurch), Volume IV, Issue 962, 12 March 1917, Page 10

COURT MARTIAL.

TWO RESERVISTS TRIEDDESERTION ALLEGED. On Saturday morning, at the Buckle Street Drill Hall, Wellington, two young men named Samuel Edward Fitzgerald and Herbert Hill were charged with being deserters from the New Zealand Expeditionary Force. Fitzgerald was drawn In the (first ballot of members of the Expeditionary Forces Reserve and Hill was drawn in the second ballot. Lieutenant-Colonel C. R. Maedonald, 1.G.5., Chief Infantry Instructor, presided, and other members were: Lieutenant-Colonel D. Pringle, Major It. C. Kirk, Major T. C. Sutherland, Captain W. P. B. Thring, Captain Frank IT. Salter, and Captain W. Q. Kewish. Captain P. E. Baldwin acted as prosecutor.

The case against Fitzgerald was taken first, the charge against him being one of having deserted his Majesty's service, in that he absented himself from the New Zealand Expeditionary Forces until apprehended by the civil authority, he at that lime having signed on as a steward on the s.s. Manuka-for Sydney; The president (to. Fitzgerald): Are you guilty or not guilty? Fitzgerald: Guilty, sir. Tin: president: You understand if you plead guilty the Court must iind you guilty. Are you quite clear in your mind on that point? Fitzgerald: Yes, sir. The president: You understand what desertion means; that you intended to desert? Fitzgerald: I had no real intention of deserting. The president then, directed that i\ pica of not guilty should be recorded. •

Captain Baldwin said that section 1G of the Military Service Act ■creates a crime of desertion into which the question of intention does not enter. "If a member of the Expeditionary Force commits the act or either of Hie acts mentioned in that section, he is, by the statute made, guilty of desertion. I shall prove by the witness that the accused, being a member of the Expeditionary Force, left New Zealand for a place beyond the seas not in .the course of his military service. That, sir, is desertion." Section 10 of the Military Service Act referred to by Captain' Baldwin reads as follows:—If a member of the Expeditionary Force leaves New Zealand for any place beyond the seas, except in the course of his military service, he shall be deemed guilty of desertion from that force, and shall be liable under the Army Act and this Act accordingly.

THE EVIDENCE. Detective-Sergeant Bawle said that on March 1, 1917, he arrested the accused on a military warrant charging him with desertion. Accused was on the s.s. Manuka. During the time accused was in witness's cuslody awaiting military escort he stated that he had given the company the usual notice that he was leaving the ship that day, and would be signed off the day following. Accused further stated that he had no desire to evade his responsibilities, and that had he so desired he could have deserted the ship at Sydney. The ship had just returned from a voyage from Sydney. The accused further mentioned that he had that

day (March 1) attempted to sign on a vessel leaving for San Francisco that night, but that he had been unable to do so on account of being unable to get a clearance from the Manuka. At the time of his arrest accused had in his possession a discharge from the s.s. Maitai dated December 26.

Continuing, tiie witness produced discharges which were found in the possession of accused, including one from the Manuka on March 1. At the time of accused's arrest he had other documents in his possession to prove he was a bona tide sea-going man. Accused never disputed his identity, and when he was arrested he was awaiting discharge from the ship. In reply to Major Kirk, DetectiveSergeant Rawle said that accused gave no explanation of why he wanted to join the 'Frisco boat.

The president: I suppose when you arrest a man you caution him that anything he may say may be used against him? —No; that is not part of our duly. Our duty is to keep our mouths shut and our ears open, and to take a note, at the time or as soon afterwards as possible, of anything that may be said. Staff-Sergeant Major W. Crowther, N.Z.M.P., said that on. March 1 he received accused into his custody. The president stated that the date of the alleged absenting was not mentioned in the charge-sheet. Captain Baldwin contended that it was not necessary, as it was clearly indicated that the time was from the lime accused became a member of the Expeditionary Forces.

ACCUSED GIVES EVIDENCE. This closed the prosecution, and the accused, who was not defended, elected to be sworn and give evidence to show that he had no intention of deserting. He said he was at sea when he was drawn in the ballot. The Maitai was wrecked, and they were put ashore a! Rtirotonga, being subsequently brought on to Auckland and Wellington. In Wellington he did cot go near any people who might have told hir,; that he had been drawn in the ballot. He was subsequently engaged on the s.s. Tutanekai, doing cable •work in Cook Strait. After his discharge; on February 3, the secretary of the union told him that he (accused) bad been drawn in the ballot. On February 8 he signed on in the Manuka, and went to Sydney. Had he wished to desert he could have left the ship at Sydney. Accused went on to say that he must admit that he had evaded his responsibility to a certain extent. Captain Baldwin said he had no epiestions to ask. Major Kirk: When the secretary of the union told you you were drawn in the ballot, why did you not report yourself?—l found there was a job going on a boat to Sydney, and I took it, intending to report myself on my return. The president: When the ship did return, did you make any effort to report yourself?—l was waiting for my discharge from the ship when I was arrested.

Did you endeavour to sign on the San Francisco vessel?—l went to the chief steward, and tried to get a job, but did not get one. Major Kirk: How does that compare with your statement that you intended to report yourself when the Manuka returned to Wellington?—l just went down to the Paloona casually; I was not too keen on getting a job on her. The court was closed for the consideration of its verdict. In accordance with custom this was not announced. Hill was acquitted.