MILITARY SERVICE.

Taranaki Daily News, 28 August 1917, Page 6

MILITARY SERVICE.

■■■- FIRST DIVISION ENHOLMEOT. ALLEGED FALSE DECLARATION. At tlio New Plymouth Magistrate's ■Court yesterday, before Mr. A. Croo'ke, S.M., Walter Sutton was charged, on remand, with that being a reservist .belonging to the First Division under the ■Military Service Act, ,1016, ho failed -to make application for enrolment as required by section 33 of that Act. The •defence was that at the time Sutton sent in his National Registration certificate he was a married man, having •been married in England twelve years Ago, and 'was therefore entitled to bo enrolled in the Second Division.

The case had been partly heard on ■Thursday last, and adjourned at the request of Mr. A. A. Bennett to enable him to .provide evidence corroborative of accused's statement that lie was married and had a wife in England. Marshall Raytmulr], farmer at Auroa, deposed that he had been here about seven years, previous to which he had resided at Hagley, in Worcestershire, England with accused and she had father in England. When lie first knew accused it was in Staffordshire. Witness was living in a village named Cradley, and witness 'was living in another village named Oldhill, about three miles away. Witness lived in that village for about ten years and then went to Cradley. where he remained seven years before coming to New Zealand. When witness left Hagley the accused was living with his 'wife. Accused was married when witness was living at Oldhill. The photograph produced was that of accused's wife.

*To Sub-Inspector Mcllveney:' Had ; known accused ever since lie was a lad. I Would judge that accused was about 25 years of age when witness left Cradley. Witness had not been at the marriage or seen any marriage certificate. He had seen the woman known as Mrs. Sutton in the streets several times, but had never spoken to her. He could not swear positively that the woman accused lived with was legally his wife. Would not swear that the photograph was that of •Mrs. Sutton but thought it was. To His Worship: Accused had lived with witness in \ow Zealand, and during that time had 'written to his wife, addressing the letters to "Mrs. Sutton," asking her to come out to him, but she would not. Witness had ' worked in England with accused and she had brought his dinner to him on a number of occasions. Witness had never had any reason to regard the woman as other than accused's wife. Did not relr.einher when the accused got married. William Baybould, farmer, aged 21 years, living with his father at Auroa. eaid that before coming here about five year; ago, a year after his parents, he had lived at Oldliill and accused lived at Cradley. Accused was living 'with his wife when he left for K"e\v Zealand, ever since they were married. Witness did not know how long lie had lived with his 'wife before coming here, but was certain it was for more than a year. Accused came out from England about a year before witness. The photograph produced was Mrs. Sutton's. To His Worship: Witness had called to see Mrs. Sutton before he left England. That was at accused's request, sent to witness through the latter's parents with whom Sutton was then living in Xevv Zealand. She was managing an hotel. She said she was doing well, but would come out later on, and spoke of her husband in friendly terms. All he could positively say about the photograph was that it resembled Mrs* Sutton.

Mr H. Thompson, postmaster and registrar of births, deaths and marriages at Opunake, was called by Sub-Inspector MclHveney, and stated that be had been absent on leave from the office from March 20 till May 12th of this year, and therefore could not bare issued the enrolment certificate dated March 27th. He had never seen the enrolment certificate (produced) before. On June 25th accused came to him, and wanted to get married. Witness told him it was too late that day, gave him the necessary forms, and advised him to come back next, day. Accused came back the following morning. Witness noticed that one of the forms bad the unusual entry "divorced." In answer to 'witness he said his father had written to him telling him he was divorced.-but he had no documentary evidence. Witness refused to go on with the marriage, but offered to wire the Registrar for instructions. Accused declined the offer, and said he would postpone the marriage for four months to enable him to get the necessary, documentary evidence from Home. To this the girl, who 'was with him, consented, and they went away.

His Worship said lie had no doubt on the evidence that the accused was married at the time he made the declaration. It had not been strictly proved, but he did not think it was necessary that it should be. A man did not generally keep, a marriage certificate in his possession. Usually the woman did that. It seemed quite clear that the man had been married, and the evidence of the younger Eaybould was strong on that point. He had called on the woman at the request of his mother, and if the ■woman had merely been living with Sutton and not his wifo it was not likely that that would have occurred. The explanation that the woman was managing an hotel and doing well and did not therefore care to come to jSTchv Zealand at once seemed a reasonable one. Tho only ; question at present before the court was whether the accused had made a false declaration in stating that ho was married. At the time of the declaration the accused was, it appeared, technically married, and there was no judicial separation. Ho was probably liable to other proceedings, but the present information would be dismissed. Sub-Inspector Mcllveney: The other proceedings will he taken, your Worship. AGAIN ARRESTED. Immediately after leaving the court Sutton was arrested by Detective Fitzgibbon on a charge of having on June 27 at Hawera, wilfully made a false declaration for the purpose of obtaining a registrar's certificate, under the Marriage Act. He will be brought before the court this morning.