THE KNYVETT CASE.

Dominion, Volume 3, Issue 698, 24 December 1909, Page 5

THE KNYVETT CASE.

MTUTARY COUfIT CLOSES. SOME AEGTIMENE. IBr Talerrmpli— Prni tt.soditlonJ i Auckland, Deoombor 23. Tho proooodings before tho Military Court « Inquiry into the charges against Caplan "i ICny vott oonoludedto-day. When tho Court 1 : resumed, Colonel Chaytor said that cvidonot had boon called on tho third oharge with re. gard to Anckiand'officers.; The charge was . wider, and referred to tho North Island. In : .

order to give tho accused an opportunity to ' moot tho wider ohargo, tho; Court would like i) to know if he would wish to call offioors out- ■: ■ aide tho Auckland district

Captain ICnyvett said that somo of tlio ofli* oers who had approached him worn staff offi- ; core in' Government positions, and ho must 1 dbclino to call thom; as they might bo thereby .. u: prejudiced. Ho would produoo thom at a properly-constituted Court which conld afford them proper protection. , 1 : Colonel Chaytor: On the prosuinptKm that tho action of the chief of ettuf did spoil your tup to Wellington, do you consider that yoa were justified in using the terms;you did? . Captain Knyvotts Certainly. I consider that , -- ■I used moderate language, in viow of the grave . ■ and- false statements, that were made. I - consider that I was not only: justified, but that, 1 v it was my duty. Nothing that I could do would help mo personally, because, whatever , 1 . . the - outrome, I would havo been a marked : man while tho officer I complained about was still in tho eorvioo. 'Mjr wliolo tirao and in- ji tercsts. havo been spout in the service. I haw • no desire to leave it, and it was only a strong sense .of duty that aotuatod me in Baying what : , , I did. On tho question, of calling witnesses. Captain ICnyvott made .a strong protost that the .. '• witnesses, of. whom he had handed' in' a list, had hot; boon oalled. ■;■ He. naked, the Court t0,.:,' redeem its promise, to. .find out tho namo of tho ■ officer who had ordered --his: arrest, - Colonel Chaytor: You'wero arrested by a l ', 1/" superior offioer. ! . '-..... -. Captain Knyvott: Tho Court said they would J . , find out and lot mo know.' , i' 1 Colonel Chaytor: I am afraid tho Court;caa> ! ' not answer tliat . .-/v.\'S> Captain .Enyvett: . After promising they would- , I , In a fow summing-up remarks, Captain Kny- ! ■sett quoted from the regulations to show thai, , ■whore an officer's character was in question, ■ ' ho was to bo allowed to call such evidonco as ho thought fit, but this ho was not permitted- ■ : . to do by tho Court. ■ Tho Court had ruled : " againsthim on every legal - point raised, and.;' -■' had ruled contrary to oyery reasonable author- ,' ity," cvon up .to (ho- judges, of tho. Queen's- 1 Bench. Ho also complaincd that the evidence- '. - had not been taken down as fully as itshonW • ' havo been. Tho Mini&ter had to fonn his do-< : cision OU' tho cvidenco 6ont down by tho 1Court, and it was absurd to ; think that' ho • -vcould, do so .on tho : fow sheets of foolscap that . had . been used. - c '...V ... Colonel:ChaytoT 6aid that all that was re- ■ V levant \to : tho'.charges 'had been takxav dov^!-, ! ,',,\t ' Ihero being ;no further evidence,- the'. Court v. would transmit tho -papers. to. the oflicor convening .the Court-to enable.a decision to-bo arrived at.; The Court itself could not give •- a-decision.: It could only sand.in the papers, Captain Knyvett pointed out . tho long dolay that had already taken place' since, tho letter to the Minister on November 10, and asked if matters, 'could' not bo expedited. "Would . ,v, . Court telegTaph tho evidence to Wellington , ; his (Captain -expense in order to sayo timo? His company was. being penaLscd through tho fact that ho % was still under ar-. : rest.; :• .

Colonel ■ Chaytor. said that ho did not think ' that the officer convening' the " Court would accent a wiro, The papers would be for. warded without dolay. Captain lCnyvott suggested that the Court ; ; had wired to the convening ofßeor' on other points during the "inquiry. r , Colonel Chaytor said that the Court had only' consulted lnm on one point—charge 4. • v ■■ ; 1 ; ; Captain Knyvett said that it wns most illegal to communicato with 1 the: convening officer, who was probably the man.who ordered the, arrest. v ; , Colonel C)iaytor .said l that it was the duty ot - tho convonwg officer to either 1 amend or Btriko out a charge—chargo 4 was the only' matter * - of communication that % had passed botwoca the Court and the convening officer. ; ■ ; The Court: was thon declared "closed. ■ ' > ■ 1