AN " AMERICAN."

Sun (Christchurch), Volume V, Issue 1497, 29 November 1918, Page 6

AN " AMERICAN."

"THE HORNE CASE

TRIAL BY COURT-MAETIAL

The claim that he is an American citizen, and therefore not liable under the New Zealand Military Service Act, has formed the basis of several unsuccessful appeals before Military Service Boards by Hope Whitfield Home, a hardware assistant, of Canon Street, St. Albans. To-day it formed the subject of his defence on a trial by courtmartial on two charges of disobeying the commands of a superior officer. He was also charged with absenting himself without leave. The trial was conducted in the King Edward Barracks, the Court consisting of Major A. E. Loach (president), Captain R. Macartney, and Captain D. M. Robertson. Captain 11. G. Livingstone was present as waiting member, and Major K. M. Gresson acted as prosecutor. By order of the District Health Officer members of the public were excluded.

The accused, who stated that he did rot object to the constitution of the Court, conducted his own ease, his table containing a voluminous pile of papers. Major K. M. Gresson intimated that he desired to withdraw a charge of failing to parade at King Edward Barracks on September 9, 1918, and also one of absenting himself without leave on October 28. He would proceed only on a charge of refusing to go into camp when ordered on October 15, 1918.

The president raised a rule of procedure as to the withdrawal of charges, and the Court retired to consider the position. On its return the president stated that it would proceed with the hearing of the one charge intimated by Major Gresson, and would report to the convening authority as regards the other two.

The accused pleaded not guilty. Major Gresson said that the accused was drawn in the 13th ballot. He was arrested for refusing to obey an order, and subsequently was released on parole. He was rearrested 100 miles away, near Timaru. The prosecution relied on Section 12 of The Military Service Act, 1916.

Major Conway said that he was the accused's commanding officer, and ordered him, on October 14, to parade the following clay to proceed to camp. The accused did not comply with this order, and was therefore later arrested at Timaru. Accused did not wish to cross-examine the witness. This closed the case for the prosecution. The accused then read the following statement:—(1) I plead not guilty on all charges. (2) I am not a reservist of the New Zealand Expeditionary Forces. (3) I am an American subject by all the laws governing New Zealand, Great Britain and America, and not a natural born British subject although born in New Zealand. (4)That I have no superior officer over me in this country as far as militarism is concerned. (5) That I am a holder of an American passport, and that I am a reservist in the U.S.A. forces, vised by a British ConsularGeneral, San Francisco. (6) That I have made and filed on the New Zealand Government a declaration of alienago (under protest) denouncing any British nationality that my birth imposed on me which was accepted by the said Government. (7) That this Court has no jurisdiction over me whatsoever.

The President (to accused): "Why did you not. protest that the Court had no jurisdiction earlier when you had the chance? That statement contains matter irrelevant to the charge. The accused said that he had not understood the position, and the statement was handed in. He called

Edward Carleton Home, his father, who made an affirmation. He was asked

his address and excitedly replied “Piedmont, California.” The President: Now, keep calm. Where are you staying now? The witness; Oh! 152 Canon St., St. Albans. The accused (to witness): Am I a reservist in New Zealand? The President: That is not a question you can ask the witness. The accused': lie knows that I am a reservist in America. I can’t be a reservist in two places. I base my defence . The President pointed out that witness was supposed to be examining a witness. As the accused said that his questions were on the line objected to, the examination of the witness was not proceeded with. The accused then read what purported to be an extract from the Military Service Act. Major Gresson (interrupting): May I ask if the accused is quoting from the Act? It is certainly not the wording. The accused said that he was. The alleged copy of the Act was examined by the Court, and Major Gresson stated: “It is only a memorandum issued from the Minister’s office.” “Those who come to New Zealand temporarily” —began the accused, again reading —“for a special purpose on a business, health, or pleasure trip, with no intention of becoming resident here and with full intentions of leaving the Dominion, do not become resident in New Zealand within the meaning of the Act, and in consequence do not by the fact of landing become reservists.” “Now, sir,” added the accused, “I claim I am not a reservist, but am travelling in this country with a passport issued by the State Department, Washington, which was vised by the British Consular General, San Francisco. Seeing that I am not domiciled in this country, that my home is in Piedmont, California, and that the Reservist Act calls for natural-born British subjects, and also seeing that I am not a natural-born British subject, but an alien in this country, I fail to see that I have any superior officer over me. ’ ’ Major Gresson said that, seeing that the accused had raised the question of the jurisdiction of the Court to try him The president: The jurisdiction of the Court is not in question. He has simply made a rambling statement. Major Gresson: It is certainly a belated raising of the question by him, but the Court might consider it. It certainly affects the relevancy of whether the command was a lawful one to obey. I do propose to deal with the matter at length, for section 10, sub-section 2, of the Military Service Act makes it impossible to raise the question of nationality. Major Gresson then read the section. Major Gresson said he knew of Ids own knowledge that the accused appealed to the Military Service Board and was unsuccessful. The Court found the prisoner guilty, Major Gresson intimating that the accused’s character was good. “I wish to state that I am not a reservist in the Expeditionary Force, and I have been wrongfully convicted,” exclaimed Horne. I was out of the Dominion when I was drawn. It is immaterial whether I am convicted by this Court or not, seeing that the matter is in the hands of the American Government.” The prisoner then stated that he would like to read an extract from a letter from the American Consul in Wellington. This was handed up to and read by the Court. The sentence of the Court will be promulgated later. J. Mycroft, Lake Eoad, Irwell, whe was employed on a sawmill, was ad mitted to the Christchurch Hospital to day, having been struck on the head bj a piece of timber. He also suffered in j juries to his chest.