DEFENCE ACT CASE.

Dominion, Volume 5, Issue 1358, 8 February 1912, Page 6

DEFENCE ACT CASE.

PASSIVE RESISTANCE MANIFESTOES. • A PEOSECTTTOU FAILS. Or Teloerai>h.—Preea Association.! . Auckland, February 7. During tho past few weeks a number of circulars and "manifestoes" inciting citizens passively to resist military training havo been circulated in Auckland. Some of these iiavo been signed by male and femalo names, and pno which was exhibited in tho Policu Court this morning bore a hundred signatures subscribing to tiio tearless sentiment which appeared above- in black type: "U'o are not afraid of gaol." Inquiries have been afoot by the military authorities, and as a- conseUueuce there appeared before Mr. F. V. Frazer in the.'Police Court this morning Harold I' , . Wise, a youth whoso name corresponds with that which heads a list of a.dozeu names subscribed to 11 recentlyissued manifesto, wherein citizens are exhorted passively to resist conscription. Wise was charged with having failed to register as required by tho Defence Act.: Mr. Shearer said that the accused was one of a number of young men who had combined to resist tlw law, and was really tho '.ringleader of the lot. His name appeared at tho head of a list of names ini a circular wliich had been spread broadcast over the city. It was called "A! Manifesto to Conscripts," and was most rebellious, in its nature. A youth from the body of tho court at this stage raised his voico as ho waved a piece of paper, and cried: "Here's another manifesto. I am in the sa'mo box as ,uiy comrado there,".. < The magistrate: '"Firo him out." - The house Jell silent*, and Mr. Shearer, ■continuing, stated..that it was suggested that a number of young liien of tho .same- mind. ■ns tho accused, made a practice of gathering at tho Drill Hall when enrolment was taking place, and that they tried to prevent others from enrolling-in-some oases a breach of the peaco being caused. Captain Hawkins stated that when he asked tho accused if ho had signed the manifesto in question he smiled, but did not admit it. He, however, declined to enrol .under tho Act, and said he was quite prepared to stand by anything he might.do. The accused: The matter is before- the public just now, and I would like to ask Captain Hawkins why it is his Department ■ supplies tho press'with faked figures? ■ ; ■ His Worship: It might be before the public, but it is not beforo the Court, and does not affect the case. The accused then asked Captain HawKins what ground for action ho had. J lad he any proof that the speaker was •under 21 yenrs of age, and consequently Subject to tho Act? • .... Captain Hawkins replied that he did not hiivc tho proof in court, but ho could procure it iu a copy of the accused's birth certificate. His Worship remarked that it was necessary to havo proof of tho accused's -ige. He would allow tho case to stand down■;till tho afternoon to enable tho birth Certificate to bo obtained. Tho temporary victory • was . celebrated by hand-clapping on tho part of the interested audionco at tho back of tho court. When the case was called in the after-lpon-Mr. Shearer stated that it had been iound impossible to obtain the necessary proof-of ago in the time allowed by tho adjournment, and ho asked his Worship to dismiss the cafe without prejudice. This was accordingly done.