CONCERNING A DESERTER.

Wanganui Chronicle, Volume LXVI, Issue 17441, 11 December 1918, Page 4

CONCERNING A DESERTER.

IViRS. O'LEARY BEFORE SUPREME! COURT. 4 * i ———«_ ; , CROWN'S CASE COLLAPSES. A prosecution under the Military Service-Act, arising out of the findl iiiK of a deserter in a Forcell far- ' ir.er's house, was heard at the Sup-\ J reone .Court yesterday morning be- V, , fore his Honor Mr. Justice Chapiran and a jury of twelve. ,/ , The accused was Mrs. Hannnt ' r G'Leary, wife of Ready O'Leary, farmer, of Fordell, who was indicted . en the charge that on Ist August^ s. ipiS, with intent to evade" the con5, timiance of the servicef of Timothy v O Leary in the Expeditionary Force, i'iclid give him shelter. There was a tj further count on the indictment t charging Mrs. O'Leary with knowing j. that Timothy O'Leary was a deseri ter, she did give him comfort and • assist in order to enable him to ej>- - cape his service. Pleas of not guilty to both counts c vere made by Mrs. O'Leary, whe , was represented by Mr. Hussey. The following were selected tc t try the case:—W v Hall (foreman), t i. R. Newson, A. Grey, E. Scrivj ener, J. L. Carmody, R. Mathieson, { i J P. Reynolds, R. D. Smith, J. Campbell, F. W. Nalder, A. Wilson, A. S. Pownall. Lieutenant Galloway said that he vras official prosecutor at all courtnartials. Private Timothy O'Learj v/as attested in October, 1917. On the 28th June, 191S, a Court of Inqt'iry was held to inquire into this soldier's absence from camp. The decision was that he was absent without leave. These Courts of Inr qisiry were held after a soldier had been absent from^camp for 21 days. Private O'Leary wa.s posted as a de-. serter and on the 20th August was tried by District Court-martial for desertion, was found guilty, and sentenced to 60 days' detention. j To Mr. Hussey: It was quite - I probable that at, the court-martial / . that O'Leary said he had previously S~ enlisted.. O'Leary had been given leave without pay, and his character Ava3 described as good. Constable Farnworth said that in August last he went to Keady O'Leary's place at Fordell. Approaching the house he met one of accused's daughters coming away from the house. Witness spoke, to ber, whereupon she retraced her sleps to the house. Witness arrived before her, and went to the back door. Constable McMullan went up to the front door. Witness . spoke to Mrs. O'Leary, and said he tibd come for Tim. Mrs. O'Leary st.id that he was not there. She > said Tim hacWfeen there, but he haa left to go back to camp. Witness afterwards searched the house. Dur- ; ir.g the search, witness went into a bedroom where there were two beds. Witness proceeded to" look under one of the beds, when Mrs. O'Leary sa;d:. "Surely you don't think he is under the bed." Y^itness proceeded to light a'match, when Mrs. O'Leary stood between him and the bed and said he was not there. Witness locked under the bed and found Timothy. Timothy was not dressed in uniform. Tim said he was going to go back to camp after his father had died. When the accused's husband came,in he said to Tim: "What f, k r>d of a : mess - have you got me into; where is the pass you showed ** me." T[o Mr. Hussey: He did not think anyone co.uld escape from the house without being seen by either himself or Constable McMullan. j To His Honor: He did not tell '^ Mrs. O'Leary why he had come for ' T fra O'Leary. / To Mr. Hussey: Tim came out \ from under the bed without making ory resistance. ! • , Constable McMullan said that he ' [had', asked' Mrs. O'Leary whether Tim wag" about the place, and she denied it. CASE .FOR.-CROWN 'COLLAPSES. At the close of the case for the ! Crown, his Honor asked on what evidence did the Crown rely upon to . show that the accused knew Timothy O'Leary was a deserter. Mr. Marshall referred to th». words the husband used to Timothy. There was nothing to snow that she had direct knowledge. His Honor: They might be in tc-eir favour. He did not think there' was any evidence on which, tbe jury could draw an inference of knowledge. His Honor addressed the jury saving that there was no direct evi- | dence that the accused had any k: owledge that Timothy O'Leary was a deserter, and he asked the . jury, without leaving the box,"to reBurn a verdict of not guilty. ' This the jury did, and the ac- _\ Citsed was discharged. -- ' i