RESERVISTS TRIED BY COURT MARTIAL

Dominion, Volume 10, Issue 3025, 12 March 1917, Page 6

RESERVISTS TRIED BY COURT MARTIAL

CASES AT THE GARRISON HALL

CHARGE OF DESERTION

At the Drill Hall, Buckle Street, on Saturday, Edward Fitzgerald and Herbert Hill, reservists, wore court-raar-tialled on charges of desertion. Lieu-tenant-Colonel C. U. Macdonald, 1.G.5., Chief Infantry Instructor, presided, and other members were: LieutenantColonel D. Pringle, Major R. C. Kirk, Major T. C. Sutherland, and Captain W. P. B. Thring, Captain Frank H. Salter, and Captain W. Q. Kewish. Captain P. E. Baldwin acted as prosecutor. . Fitzgerald was charged with having deserted His Majesty's service in that he absented himself from the New Zealand Expeditionary Forces until apprehended by the civil authority, ho at that time having signed on as a steward on the s.s. Manuka for Sydney. Fitzgerald said ho had had no real intention of deserting, and this was taken as a plea of not guilty. Captflin Baldwin said that Section 16 of the Military Service Act created a crime of desertion into which tho ouestion of intention did not enter. "If a member of the Expeditionary Force commits the act or either of the acts mentioned in that section, he is, _by the statute made, euilty of desertion. I shall prove that the accused, being a member of the Expeditionary Force, left New Zealand for a place beyond the seas not in the course of his military service. That, sir. is desertion." [Section 16 of the Military Service Act provides: If a member of the Expeditionary Force leaves New Zealand for any place beyond tho seas, except in the'course of his military service, he shall be deemed guilty of dosertion from that force, and shall he liable under the Army Act and this Act accordingly.! Detective-Sereeant Rawle said that on March 1, 1917, he arrested the accused on p military warrant charging him with desertion. Accused was on the s.s. Manukn." During the time accused was in witness's custody awaiting military escort he stated that he had given the compnny the usual notice tnat he was leaving the ship that day, and would be signed off tfle day following. Accused further stated that he had no desire to evade his responsibilities, aniTthat had he so desired ho could have deserted the ship at Sydney. The ship ha'd just returned from a voyage from Sydney. The- accused further mentioned "iat he had that day (March 1) attemtped to sign on the s.s. Paloona, leaving for San Francisco that night, But fhat he had been unable to do so on account of being unable to get a clearance from the Manuka. At the timo of lift arrest accused hud in his possession a discharge from tho s.s. Maitai dated December 26.

Giving evidence, Fitzgerald snid lie was at sen when ho was drawn in the ballot. The Maitai was wrecked, and they were put ashore at Rarotonga, being subsequently brought on to Auckland and Wellington. In Wellington he did: not go near any people who might have told him that he had heen drawn in the ballot. Ho was subsequently engaged on the s.s. Tutanekai, doing cable work in Cook Strait. After his discharge on February 3, the secretary of tho union told him Ihai. he (accused) had been drawn in tho ballot. On February 8 he signed on in the Manuka, and! went to Sydney. H-sd ho wished to doscrt he could have left, tho ship at Sydney. However, he must admit that he had evaded his responsibility to a coi-tain extent. Major Kirk:' When the secretary of the union told you you were drawn in the ballot, ivhy did you not ' report yourself?—l found there was a job going on a boat to Sydney, and I took it, intending io report myself on my return. . The President- When the ship did return, did you make any effort to report yourself —I was waiting for my discharge from the ship when I was arrested. Did! you endeavour to sign on the Paloona- for San Francisco ?—I went to the chief steward and tried to get a job, but did not get one. Major Kirk: that square with your statement that you intended to report yourself when the Manuka returned to Wellington?—l just went down to the Paloona casually; I was not too keen on getting a job on her. The Court was closed for tho consideration of its verdict. In accordance with custom this was not announced. Hill was charged with having deserted from military service and withabsenting himself from the Expeditionary Forces until apprehended hy the civil' authorities on tho s.s. Paloona, having signed on as a steward on the vessel.. After evidence was heard he was found not guilty, decision being announced as is tho custom in tho case of an acquittal.