A DEFENCE CASE.

Colonist, Volume LVIII, Issue 14260, 15 November 1916, Page 6

A DEFENCE CASE.

APPLICATION FOR RE-HEAR ING. j ■ INFORMATION DISMISSED. \ . At the Court yesterday \ before Messrs G. M. Rout and A. A. j i Lucas, Justices, Malcolm. F. 11. John-1-stone, who was -'convicted and nnini last ] Friday week for failing to attend a parade, applied for a re-bearing of his case. Captnifi Conway, for the Defence Department, made an explanation in regard to the case. He stated that defendant was absent from Nelson for ten weeks, and coining back failed to attend a pimide. He sent an excuse which was not accepted and ho was|, prosecuted. Defendant saw him .after;. the information ws.s laid aud made fur- , ther excuses but he (Captain Conway)'' . told him the case would have to be | settled in Court. Captain Conway . .said he then went to Christclmrch, and . during his absence defendant saw Cap- [ tain Burn,, but did not, in stating -Ju*3 case, mention that he had been away for ten weeks. Mrs Johnstone also saw I Ccptain Burn, who after hearing her, said the case would be withdrawn. Four days before the hearing defendant t saw him (Captain Conway) and he again : told him the case would have to go to i Court as he considered the excuse * offered by defendant was not a reasonj! able one. On the day of tho hearing 1 the Court sat earlier than usual and ha \ did not have an opportunity of going thiough the list with Captain Burn as he had just returned from Takaka,! where he had boon recruiting. Captain' Conway said the arrangement made by I Captain Burn with Mrs Johnstone was! • er-tirely oil: a misunderstanding of the: facts, " and tho department considered * that defendant-should be fined. Mr Rout said Mrs-^l©hnstone had been i L.) see him about tho case, and she said i an excuse had boen handed by q defendant to Captain Hammond, who gave him to understand that 4 , it would be accepted. Captain Conway said fche ■ department , had no wish to go back on the arrange-! ' ment made, nltliough the position had; . not been properly explained to Captain' 'Burn. I Mr Rout expressed the opinion that (defendant should apply for exemption ; from sendee as he was not physically -'fit, and "could not march properly. . i Captain Conway said that defendant 'drilled very well at the parados he at-j fconde&r If lie was unfit he -would have to get a medical certificate. 1 Mr Rout said that defendant's mcdi- :" cal adviser was prepared to give that. | Captain Conway said that the certificate must be from a member of the • New Zealand Medical Corps. He would, t also have to go before a medical board ;' and if declared unfit would be struck off f Tho application for a re-hearing was granted, and,. i)p evidence being offered by, the' Defence Department, the informfatiori'was dismissed. , ■ ■-' , ■.• r