THE KNYVETT CASE.

Dominion, Volume 3, Issue 697, 23 December 1909, Page 8

THE KNYVETT CASE.

i■i a i SUDDEN DEVELOPMENT. v SOLICITOB ORDERED TO QUIT COURT. ' IBr Telegraph:— Preai Association.l "• Auckland, December 22 . The inquiry into the- charges agamst Captain r B Knyvett, commanding No. 1 Com pany, Auolland Garrison Artillery, in connection with a letter addrossed by him to the Minister for Defence was continued this afternoon Tho question of calling Colonel Robin was raised. Colonel Choytor. Can you show that Colonel Robin can inform tho Conrfc whether you | "■believed those charges to bo true, or that j 1 they are Tolovant to your claim for redress i . Captain Knyvett 'Yes, bj the two different I articles under his name, and official documents I contrary to the statements contained in those 1 »rticle3 s I Colonel Chaytor. Those are newspaper articles. , Captam Knyvett. Under Colonel Eobin'e bame. "Yon Are Excluded from the Room," At this stage Lieutenant Fallen (a local solicitor who had been allowed to sit next to Knyvett on condition that he assisted only in looking up references and did not prompt him in any way) passed a piece of paper across to Captain Knyvetfr. Colonel Chaytor Give that paper to me. Clear the court A ■. Everybody filed out, and a imnnts afterwords the orderly announced that tha court [was open again. Colonel Chaytor (to Lieutenant Pnllen) lYour naine, please . Lieutenant Pullen Pollen ' Colonel Chaytor Tou are a lieutenant' Lieutenant Pullen Yes t Colonel Chaytor Tou wore allowed to Bit at tho table on the distinct understanding that you were a "friend" of Captain Knyvetfs, and that you would not make any suggestions Tho suggestion contained on this sheet of paper is a gross contempt of court, and you are excluded from tho room S*■ Lieutenant Pullon Mar I sit at the b'aek , frf tho court wrth the public? Colonel Chaytor You aro excluded from the room. ' Lieutenant Pollen If I take off my uniform, and appear -m mufti, may I sit at'the tack? -1 1 Colonel ClaytoT You are exclnded from the room. Lieutenant Pullen Then I have not tho ordinary rights of a British subject Lieutenant Pullen then left the room. Captain' Knyvttt's Witnesses. After further discussion on the question of tailing Colonel Bobin, Captain Knyvett gave the following as the list of witnesses whom he wanted to call, viz Colonel Robin, Cobnol Snrythe, Colonel Bauohop, the Chief Staff Officer, Colonel Courtney, Captain Nicholson (To Kmh), Lient-Colonoh Colonel Hoi-1 gate, Major Hazard, jCaptains 3Cav, Daw=on, Shera, Bicbardson, and Archibald, , Lieut | GTeenhoogh, Surgeon-Captain Mnrraj, Staff Sergt-Ma]or6 Cheator, Bell, Atwell, CarteT, and ' Col.-Sergt MaoKerras, of the Newton Rifles , Captam Knyvett then proceeded to criticise 1 the first chaTge, but the president declared that' tbo Court would not go on considering quibbles Captain Knyvett submitted that this was not a quibble, and said that h<s was evidently matang points which the Court did not wish to Tiear, Ho contended that ho was right in taking the charges in theiT specified order, in reading the wording out, and in showing a meaningless phrase The president The Court will not discuss that Captain Knyvett Then I respectfully refuse to call any evidence if the Court will not discuss it. ' The president You refuse' ' Captam Knyvett Yes The president You have admitted the letter , ■- Captain Knyvett lam defending four different charges The president If you refuse to call evidence there will be nothing for the Court left but to close the proceedings and make its report Captam Knyvett The Court declines to hear 1 me? The presxksnt The Court does not desiro to be kept quibbling Captain Knyvett It is the Court that ,is quibbling You won't let me go throiighHitli my case The president The position is that yon have admitted the letter, and in that letter you make certain charges against jour superior officer which, m effect, is a military crime, unless you -can prove privilege That*privilego depends upon the extent to which those charges 1 are relevant >o your-claim for redress, and your bona fide belief in them Captain Knyvett I submit that, even if they were falee or malicious, thoy were privileged I accept the Court's ruling, and I will proceed with my own defence on oath if I may bo eworn.

The Dotence. \ Captam Knyvett, having been duly sworn, ■then entered his protest against the preceding rnbng of the Court, and went on to deal with the first charge, viz.—the use' of . tho words: "Preventing any possibility of a scanleaking out to tho public of the want* of tact and interference of the Chief of the General Staff." v Ho declared that there was nothing to answer in the first tection of the tfuestion He wroto the accusation in all good laith, not so much as a grievance against hii snpenor, but s to get at the truth of .what he believed. Ho arrived in Wellington on -the Saturday night with his men after having been granted official leave to proceed ( there. He read ' a statement by Colonel Kobm in The Dojomou which he (witness) Wow was entirely at.variance with the facts Immediately the paper reached cabip his men struck camp themselves He asked the Court to rule whether on this he had not sufhcient v zrounds for believing that Colonel Robin had been'guilty of want of tact and interference. Hβ read further interviews with Colonel EObm oh the question which, appeared in tho "Post" and ''New Zealand Times" and nomted out that, in these, Colonel Eobin had contradicted , himself, showing that he knew of tho intended ' visit on the Saturday morning. Furthei, ~ Colonel-Eobm had accused him of not leporting himself on arrival to the proper quartoi. , As a matter ot fact ho was in Colonel JRobiu's office on the Saturday morning. 1 r i Tne .Court considered the question in private as to whether Captain Knyvett had shown ' sufficient bona hdos for making his first accubation, Captain' Knyvott stating that, if it iv as decided against him he wished to coll witnesses. , ( Tho Court held that it was not necessary ,• for Captain Knyvett to call witnesses, lie had acted With a bona-fido desire to obtain jedraas. Tho statement made in the trst charge thej tound was not malicious, but it might have been wild Dealing with tho secorid charge that ho had used the expression "It si'ouii to me that Colonel Eobln has personally gone out of his it ay to damp the enthusiasm of tho whole volunteer movement," Cnptain Knyvett stated 1 x 'that he believed this statement to be true. Colonel BoDin's statement in tho published j ' interviews were belittling They killed tho ' trip before it really started and belittled him ' They belittled the object for which he and his |)men went. They belittled tho authority grven Ss^s?' for them to go, and they cortamly damped the enthusiasm of the men. But for witness's, influence tho tivo companies would have' disbanded. ' ' 1 The Court, in reply to /Captain Knyvett, , stated that it did not consider further evi deuce on this point necessary. On the third charge, dealing with the statov ment that since the newspaper articles appeared, ho (Captain Knyvett) had bicn approached by many officers who had had similar experiences "of tho unwarranted interference and unexampled officialism of Colonel Kobm," Captain'Knyvett submitted that the phrase "unexampled onicialism" as applied to an officer who did his duty was complimentary. The president. Wo are not going to discuts ?' 'that. It is a breach of tho regulations to ' ' compliment or criticise. ; Pressed to Disdoso Names, ' , The president Is it true that officers ap- ; proachod you f and mado such statements' 1 ' Captain Knyvett. Yos. ' Tho president. Aro you prepared to give the e names r ' ' Captain Knyvett- I submit that you have no t right to asl. mo that question Many of tho of- ' ficers are Civil Servant', and if I name them I i$ may prejudice them in their billets. ' The president. Atb you prepared to give then names ' Captain Knyvett- I refuse. After tho question had been repeated several times with the same result, tho president [ pointed out that the Court was not asking for t nil the names, and finally got im answer from ' Captain Knyvett in the affirmative. He gavo tho nanlcs of Captain Dawson, officer commanding tho College Rifles, and signalling staff officer ior'the Auckland district, Captain Shcra, , of No. 3 Company Zealand Engineers, and \ Colour-Sergeant Maecenas, of the Newton f Rifles. More than thew ho said he was not 1 prepared to give then.

The throo officers v> ere then called and slated that aftor Captain Kny\ott returned from his tnp to W elhngton they appnached lum nnd informed him that the\ hod !nd simihi cTperieneeb of unwarranted intorfcrenco fiom Colonel ltobin (aptiiin Knytolt inquired whether the Court considered that the tvidenui (jiigh bj such experienced officers vn* sufficient to exculpate linn in making the statement winch lie did Tho president It is qmtn sullicient to establish the truth of jour stitoinent that yon ucro appro iched "Von lia\e tailed quito sufficient Mitnesae to establish the trulli ot jour state ment x 1 Captain Knwott That would exonerate ine, would it not, sir 5 » The President Tho Court can only report on it 'I ho Court can give a dccisiou a<. to whothcr you ha\o brought sufficient evidence to cstab hsh the truth of jour statement Captain Knyvett Tho Court; has already done that Tho president Tho Court is perfectly satis ficd as to thnt Tho Court then adjourned until 10 o clock tomorrow morning >