INSINCERE APPEAL

Wanganui Chronicle, Volume 85, Issue 297, 17 December 1941, Page 7

INSINCERE APPEAL

OBJECTOR S LETTER WHICH WAS INTERCEPTED (Press Assn.) Rotorua. Dec. 16. The internal censorship of mails resulted in the apprehension of a letter from a conscientious objector in which he indicated that he believed that he had deceived the Court, which had previously been convinced of the sincerity of his beliefs. Arising out of the inspection of this letter, written the day after he had been charged in Rotorua with failure to report for military service, Edward George Tunnicliffe. recently a school teacher, was sentenced to one month's imprisonment by Mr. W. H. Freeman. S.M. Mr. Freeman also presided at a sitting of the Court when accused previously appeared. Tunnicliffe was brought to the Court under guard from the Strathmore defaulters’ camp. Detective-Sergeant A J. White produced a letter which had a vital bearing on Tunni.'liffe's previous evidence. Accused was charged on September 30. and his case had been adjourned for two weeks to enable the Bench to fix the penalty. Contents of Letter. In the course of a letter written to John C. Nicholls in Wellington, Tunnicliffe stated: — “Say that you have known me some time before the war, and that mj views were the same as I hold now. You can make the dates in suit your conscience—about 1935 if you like. Such a statement would carry weight in Court. I had a lawyer who got me off by the skin of his teeth. Strangel.', enough, at no time during the trial did anv doubt of my sincerity come . up. It was taken for granted and | unquestioned, and yet I haxe been in doubt myseil sometimes.'’ After perusing the letter the magistrate commented: “This seems to bear out the adage. 'Don't talk keep your movth shut .' He has deceived me and this Court.” Contention of Accused.

Mi R A. Potter, who had also appealed for accused in the previous hearing, contended that Tunmclifie's letter was more hysterical than anything else. Taxed with the flippant tone of his lettei, accused stated. 'lt I cannot laugh my way out of this mess, I shal. cry my way out." For the defence it was claimed that when Tunnicliffe asked tor testimonials dated 1935 lie erred on the wrong side. Unsolicited testimonials dating to 1930 had been received. Detective - Sergeant White: The Court had swallowed your story hook, line, and sinkei, while you yourself were doubtful. A denial that he was aware of the contents of the letter addressed to him until it was read in Court was made by John C. Nicholls who gave evidence affirming the sincerity of Tunnicliffe's beliefs. He considered that accused had been obviously under great mental strain when he wrote the letter. When sentencing accused the magistrate said: “You have been found out by your own act. You should have kept quiet. You are not sincere, and this confirms the finding of the Armed Forces Appeal Board, which dismissed your case in- Gisborne.”