COURT-MARTIAL

Dominion, Volume 11, Issue 3, 28 September 1917, Page 6

COURT-MARTIAL

AN OFFICER'S CHARACTER

CHARGE AGAINST A PRIVATE

' . EVIDENCE AT THE PROCEEDINGS

,- In Featherston Military . Camp considv • orablo interest attaches':to a court-mar-tial;; which was opened there yesterday morning. The case has arisen out of a statement made by Private H. H. Thompson, formerly an insurance agent in Wanganui, containing an accusation that Dr. Hotop, of Feathers ton Camp, was while examining Thompson, under the influence of alcohol. Thompson is now being tried for knowingly making a . . false statement affecting the charactor of an officer. The charge is laid under section 27, subsection (2), of the Army Act, which (inter alia) provides as fqllows :—"Eveiy person subject to military law who commite any of the following offences, that is to 6ay, being an officer or soldier, in making a complaint whore he thinks himself wronged, knowingly, makes any false-Btatemont affecting the character of an officer or aoldior . . . shall, on connection by court-martial, be liable to suf■fer imprisonment, or such less punishment, as is in this Act mentioned!"

The statement made by Thompson was <■ contained in a letter written by him to tho camp authorities. Tho statement is:— ■ /

No medical examination of ino is .of any value when either examiner . is noticeably under the influence of alcoholic liquor.' This was so in tho '. case, of the examiner,reporting on ' me on August 8. The Court which is hearing the case consists of Colonel C. It. Macdonald, I G.S., president; Colonel D. Pringle, Second Wellington-West Coast Mounted ; Rifles; and Major R. Neav-e, Essex Regi- ~ meat. Second Lieutenant G. H. It. Ulrich, ..Thirty : first Reinforcements, is prose.routing, and Mr. A. Hogg (Wanganui) aps; pears: as counsel in defence of the ac- " cused. ' . After the preliminaries peculiar to • military courts wero gbne through, the ■■ accused was asked by the president: "Do ,!>you object to being tried by any of .the ■■'members of this Court?" "r. Accused: I have hardly had time to . diijcuss that with my counsel. Tie president: I can tell you the law. You can object only if a. member is ineligible, or has had anything to do with- ■■ -■ tlio case. Awused and his counsel conferred, and gave the answer- that they raised no objection. The president: Are vou srnilty or not guilty? Accused: Not guilty, sir. • : Mr. Hogg: I may say the reference in ..Lvthe statement was not intended to apply • to Lieutenant-Colonel Guthrie. Statement by the Prosecutor. - : Tho prosecutor ■, addressed the Court, saying:— / ''The. facts of the case are, shortly, as ■ : fol,low:—On August 8, 19X7, the accused, - then attached, to the Records Office, was brought before a Medical Board at Teat'herston M.C. for examination. The _ ' boar<L consisted of , two members, viz., '.. Lieutenant-Colonel T. 0. - Guthrie, N.Z. M.C., president, and Captain F. R. Hotop, N.Z.M.C.,, member. As a result of this examination the accused was declared fit for active service. ,0n being informed »of the boards finding the accused, under' letter dated August 9, 1917, wrote to the Adjutant, Featherston M.C., exprsssing astonishment at and complaining of same. On August 22, oft being informed flat ho liad, to use his own words, at once to join a reinforcement, ho wrote to .'Camp Commandant making further comprint. This letter contains the statement the subject matter'of the present charge. This letter was received on the Bame day by Lieutenant Mackintosh, 0.C., Records Office, for • transmission to the Camp Commandant. Before forwarding the letter on. Lieutenant Mackintosh drew the accused's attention to (ho statement in question, and asked him if ho still wished the letter to go forward. The ■accused replied Tos.' • On the following day the accused was paraded before Major. Sweetzer, Camp Adjutant, and the statement was again read over to him in the presence of Lieutenant Mackintosh and . two .witnesses. .-Accused, was again usk~'ed if ho still adhered to the statement, and he replied 'Yes.' ■

Y "To establish tho charge,' it js incunibent on the prosecution to prove (i) that ;the statement was made, (2) that it affects the character o£ an officer, (3) that it was false, and (4) that it was false to the knowledge' of the accused; The production of the letter (which speaks for itself), and the evidenco of the above-mentioned witnesses will conclusively establish the fact that the etatemont was mndo and made deliberately, That.it affects the character of' an officer is beyond dispute. The statement ia r most definite one, and amounts to a most serious charge of misconduct on the part of a medical officer. The accused alleges-that the examiner • reporting on him was 'noticeably under ■the influence of-alcoholic liquor.' The ; Court will notice that the statement is ; made against 'the examiner reporting on me on August B.' As'already stated it will be shoivn that two examiners and jiot one reported on the accused cn that date, viz., Lieutenant-Colonel . Guthrie and Captain Hotop. The statement does not' give arj indication .which .of these .officers is'referred to, but it must refer to one'p'r other of t.hem. . The charge lias teen'framed accordingly. ■ -v-" "To prove the falsity of tho statement, independent witnesses will be called who were present in the room during the Bitting- of the board. ■ These witnesses will emphatically deny the allegation made by the accused. As is usual in fcases of this nature, no: direct evidenco is available to prove guilty knowledge on tho part of the. accused. But it the other essentials of the charge are proved, ;to the satisfaction of the Court, tho Court will be asked, from the. facts so proved tind from the circumstances of the ease .to draw tis inference thnt the. statement was made by the accused knowing it to' to falsV

The prosecutor then proceeded to call evidence. ' Accused Insist? on Accusation GoingForward.

Lieut. IT. .T. Mackintosh, No; 11/1188, TTnattached T.ist (b), O.C. Records Office, Featherston Camp, said he was in charge of'ail files and records of llie men in Teatherston Camp. He produced two letters written by Thompson. One, written, on 'August !). was to the Camp Adiutnnt, stating that he was sraiprised at being passed as fit r-n the" previous day. tind addintr that h« had heen 'lelicnf-" all liie life. He had entered Trentham Camp In 1016 as a volunteer, and had failed lo stand the test, of training. Later he had teen drawn in a ballot. On Amrust 22 ■witness received 'a letter written by -Thompson, and containing the statement on which the charge against Thompson was based. Witness'drew Thompson's attention to the statement, and asked him if he wished the letter to go forward. Thompson sa'd that he did. On the following day the Camp Adjutant '(Major Sweolzer). asked Thompson if he 'still adhered to his statement, and Thompson said that he (lid. To Mr. Hogg: In reply to an accusation by' Sweeter that lie had made a .wilfully false statement, Thompson said: "Pardon me, sir, not a 'wilfully' falso, statement." ■ Mr. Hogg: Thompson has been under your chaTge? Witness: Yes, for about seven months. Mr. Hogg: Ho you" think he is a strong man? Witness: That is not for me to say.. The prosecutor: I object to the question. It is miite irrelevant. The president: I think I will let it go ] Hn-ough. Witness: I should not think he is in the best of health. Witness added.that Thompson was hon-. est and efficient in his work. Regarding Reputation. .. Mr. Hogg: Can von say from anything you have heard of Captain Hotop's reputation, whether taere was any'ground for the accusation made by the accused? : to,,that, . -;t(k en t:\On what grounds? • I The prosecutor: Any conduct previous to this dnte must be irrelevant. The • statement we have to meet is a definite GSstss. The president: We will take a r.oto

of your objection, but we will allow tho question. Witness: I have heard the statement, but I oould not say whether there is any truth in it. Tho president: We will not allow nbat he has heard.

Mr. Hogg; I suggc-st that if Captain Hotop had a. general reputation for indulging heavily in liquor it may go 13 show that accused's belief was honest. . The president: There is a in my. mind: "lias a man u right to believe what .is more or less a rumour?" Atr. Hogg: Well, I will put it this way: "Has he a reputntion of indulging heavily in alcoholic liquor?" The prosecutor: I,object. In a Civil Court that would not bo allowed. Mr. Hogg: Oh, reputation is allowable. , Tho president: Well, the Court won't allow it. Sergeant Lowry, Camp Records Office, ■ said ho was present at the interview between Major Sweebser and .Private Thompson. Sweetzer asked if the statement was true, and Thompson said it was. Sweetzer then said Thompson would be charged with making a false statement al>out an officer. Thompson had been under him in the P.ecords Office for some time, and ho knew linn to be thoroughly honest and straightforward, and not one lo make a false statement. Assuming the statement to be made against "anyone," ho would judpo

it to bo true from what lie knew of Thompson's character. Sergeant W. 'I'. Hannah, also cf the

Records Office, deposed that at the interview Sweetzer said that Thompson had made a wilfully false statement. Thompson replied that ho was not aware that it was false, and that he believad it to be true. ' To Mr. Hogg: He had been in the office six months with Thompson, who always appeared to him to be a decent sort of man and trustworthy. Other Doctors Deny the Accusation. Lieutenant-Colonel H. 0. B. Deck said that he was a member of a medical board oa August 8. He was sitting in the same room as a board consisting of Lieutenant-Colonel Guthrie and Captain Hotop. . Oil several occasions he spoke to Hotop. Tho prosecutor:. An allegation has j been made that on that occasion Captain I 'Hotop was noticeably .under the influence of alcohol. What have you to say to that? Witness: I can only give it my emphatic denial.. To Mr. Hogg:'Tliere was nothing in the appearance or the demeanour of Hotop to lead witness to tliink that Hotop was under the influence of alcohol. If thero had been he would have noticed it. Mr. Hogg: One of the recognised flignß of alcohol in a man is a flushed appearance? ■ Witness: Xes, to a certain extent. Mr. Hogg: And n, generally excited manner is another—is it not? Witness: Yes.' Mr. Hogg: Might not a man's manner be mistaken by those who do not know him to indicate the influence of alcohol? For instance, in Wellington there is a bishop oil seeing whom walking along the street a stranger jnight suspect, of drinking, whereas the suspicion is really quite erroneous. Witness said ho did not think there was anything at all in Hotop's manner that day to suggest tho influence of alcohol. T. 0. Guthrie, Now Zealand Medical Corps, stated that ho was with Hotop'on a medical boaid on August'B. Ho did not think Hotop was witn him in the morning, but was sure ho was there in the afternoon. The prosecutor: An allegation has been made against Captain Hotop that 'he was noticeably nnder the influence of alcoholic liquor on that day. What do you say to that? Lieutenant-Colonel Guthrie: Absolutely untrue. l . The prosecutor: Do you know the accused? Witness: I Temember his coming up for examination.

The prosecutor: Who examined him? , Witness: We both did. The prosecutor: Did you have any.conversation with him? ■Witness: Yes; he asked why the examination was held. He seemed to doubt our authority to examine Mm. / The prosecutor: Did he make any allegation against Captain • Hotop at tho time? ' Witness: No. The prosecutor: Did he object to Captain Hotop examining him? v .Witness: No. Flushed Faces and Alcoholic Liquors, . Mr. 'Ho»g: Do you remember anything paVticularly regarding accused? Witness. No. • Only his face; it is a stronger face than usually met with. Mr. Hogg: Do you think that if on December' 8 you classified him as permanently unfit on account of insufficient physique, you would l<avo remembered him when he camo before you again in August? Witness: Yes; I think I should have remembered'his face. Mr. Hogg: Did you look up his record? Witness: Yes. I do not remember what was in. it, but we always look at tha file. .' Mr. Hogg: Did Captain Hotop get angry when accused doubted his authority? Witness: I would not say that. He. may have been a little abrupt. . Captain Hatop has a mannerism which might appear to mean that he is irritated when in. reality it means no such thins. x Mr. Hogg: Was not Captain Hotop flushed and excited? Witness: No. Ho is always ruddy. Mr. Hogg: Is not a ruddy appearance an'indication of drinking? Witness: It is in, some,'but in heavy drinkers it' is not. always. Mr. Hogg: Is it not sometimes a sign of alcohol when one becomes excitcd at little things? Witness: Maybe; but that is not always the effect alcohol has. It makes somo better temperedv tliau usual. _ The president: Do you remember noticing anything peculiar about the accused? Witness: Well, in the interests of the man I would rather not say so. The president: It may bo in the interests of tho man to say it. Witness: Well, frankly, I thought when the man questioned the authority of the board the way he di:l that he was anxious to'avoid serving. Major H. G. Robertson, P.M.0., I'eatherston Ctunp, stated that lie. was on the board with Hotop on August 8, and it was wrong to say that Hotop was under tho influence of alcohol. Captain Hotop Gives Evidence. Captain P. It. Hotop, in his evidence, said ho remembered the accused coming up for medical examination, on August 8. Colonel Guthrie and witness both examined him. Accused asked why he was being boarded. The prosecutor: What have you to say to. the accusation that you were under the influonce of alcoholic liquor on that day while on the Ward? Hotop: It was not true. The prosecutor: You deny it? Hotop: I do. j The prosecutor: Had you had anything to do with accused before? Hotop: I know that he is a rabid Prohibitionist, and writes to papers ,on the subject. Witness said that previously lie had sat on_ a board before which Thompson had come, and at that time Thompson was' recommended for clerical work, as he had not stood up to the training well. On August 8 Thompson had been- passed as fit for active service. Jt was early on the morning of the court-martial (yesterday) that ho knew the accusation in Thompson's letter was directed against him. Mr. Hogg: You are a member of the Officers' Club? , Witness: Yes. Mr. Hogg: Do you know that it was known at the club as early as last night at any rale that tho statement wa3 against you? The president: This will not afTect the inquiry at all. Mr. Hogg: Were you on August 8 in any way under the influence of liquor? Witness: In no way at all. In fact, I don't know that I had had a drink that day. .

Mr. Hogg: Was there anything in your appearance or demeanour that would lead a person not acquainted with you to suppose you were under the influence of liquor?

Witness: Nothing. Mr. Hogg: It will be stated that you were abrupt with this mail. Witness: I don't remember that; but this man asked more questions than the ordinary candidate before the board. That might have made me a bit abrupt. The case stands adjourned until this morning.