BREAD AND WATER

Auckland Star, Volume LXXIII, Issue 124, 28 May 1942, Page 8

BREAD AND WATER

FAILURE TO SALUTE

PRISONER'S SENTENCE

At a special Court sitting held in the office of the superintendent of the Auckland Prison this afternoon a prisoner named John Charles Bavley. aged 27, was ordered by Mr. J. *H.' Luxford. S.M., to be given bread and water for 10 days for a breach of the prison regulations. Bay ley was charged with an aggravated prison offence in disobedience of the regulations by refusing to salute prison officers, having twice been previously punished for the same minor offence.

Refused to Salute When he was brought before the magistrate Baylev was asked by the escorting senior warder to salute the magistrate. "I'm sorry, but I cant do that,' said the prisoner. Superintendent W. T. Leggett. who prosecuted, read the charge to Bavlev. Asked ho.w he pleaded, Bayley answered, "Quite true." Superintendent Leggett said Bavley was serving a term of three months' imprisonment imposed at the Rotorua Magistrate's Court for failing to obey an order while he was an inmate of the Strathmore defaulters' camp. Bayley had consistently refused to salute any prison officer under any circumstances and he had been twice punished for the same minor offence. As he persisted in his refusal to obey the regulations the authorities had to charge him with the present aggravated offence. "Only this morning 1 told him that it was not too late for him to change his mind; that if he did I would probably withdraw this charge, but he remains adamant and still refuses," added Mr. Leggett. "When he first came here he refused to work and was puniohed, but later, after I had pointed out to him the foolishness of his conduct, he agreed to work, but not to obey the regulations." Mr. Luxford: What have you to say about the matter, Bayley?— Nothing, except that I can't see my way to do it. Is it just pure defiance on your part?— No. 1 can see it serves no good purpose for me to salute officers. Work is necessary to supply the necessities of life. If I didn't work and others didn't too, this place would be in a dickens of a mess, wouldn't it? Preferred Punishment Mr. Luxford for some minutes tried to persuade Bayley to change his attitude and pointed out what the consequences would be if he did not do this. "If everyone wanted to go his own way and not recognise any law or authority," the magistrate said, "that would lead to chaos. There would be no law and order. Bayley: I can't see that. We are all working for the common good. Mr. Luxford: But you are not. You won't accept the authority of the Government. Bayley: When the Government is wrong I can't obey it. Mr. Luxford: What would be the effect on you if you obeyed the regulations of this prison and you saluted an officer. Would your whole soul be blasted?—l think that if I obeyed this one regulation because there was a law I should by now be at the war. That may be individualistic "but that's what I think. The magistrate asked Superintendent Leggett if Bayley had been examined by a psychiatrist. Mr. Leggett said. Bayley had not, but the prison doctor had seen him and thought there was nothing wrong with him. Mr. Luxford: I thipk so too. I think you., are deliberately taking up this attitude, Bayley. Either you have got to obey the law or be punished. The punishment I have in mind is bread and water for a specified period.. Are you going to obey the regulations or take your punishment? Bayley: I'll take my punishment. "Very well." said the magistrate. You will be ordered bread and water for ten days." , "Thank you," said the prisoner as he marched out into the corridor leading to his cell.