EMPLOYING AN ALLEGED DESERTER

Dominion, Volume 11, Issue 193, 4 May 1918, Page 2

EMPLOYING AN ALLEGED DESERTER

■ EMPLOYEES OBLIGATIONS. At the Magistrate's Court yesterday before Mr. S. E. M'Carthy. S.M., William E. Jackson, Ni'w Zealand manager for the Gordon and Gotc.ll Proprietary, Ltd., for whom Mr. T. Shatter Weston appeared, was charged with employing Albert Claude Edwards, a soldier, who was absont from the Expeditionary Force without leave Tho evidence showed that Edwards had voluntarily enlisted in Sopteaiber, 1914, and was rejected m medically unfit. He enrolled-under the Military Service Act in. Auckland, and was called up in the eleventh ballot. He- had in the meanwhile left Auckland for Wellington, but prior to leaving Auckland he .notified the Defence Department of his change of addresa. This information ippareutly did not reach the Government Statistician, nor was Edwurds aware that he was called in the ballot. A military warrant was'issued for his arrest, and its execution brought out the position of Edwards and led to tho information being laid. In May, 1917, Edwards applied to Gordon and Gotoh, Wellington, for a position, ard when asked as to his military nblir gations ho 6aid he had been rejected as medically unlit, uml was classed as C 2. He woe eventually employed as a packer, and since his arrest his statements had been verified. . . For tho defence, Mr. Weston contended that the information must fail, as Jackson had been charged with keoping Edwards ill iiis employ. Edwards was not in Jackson's omplov, but in the employ of Gordon and Gotcll. But, apart from this technical point, he wished to placetho matter on its mcrtis. He referred (o the case of I?. Hannah and Co.. where tho firm employed a man who Lad made •also statements as to his military obligations, and it w»s held by the Supreme Court that tho firm had made reasonable inquiries. Mr. Hitchie. who was in the ■employ of Gordon and Gotch, Vad made inquiries, and a* the rwult Edwards was engaged. There were DO male jmployees in the firm, ai"' of these 24 had joined tho colours. Mr. Jackson womd never have employed tho man had he known that ho was a deserter. , . After hearing the evidence, the Magistrate said it had been proved to his satisfaction that the defendant was not aware that the man he employed was a deserter, and dismissed tho information on its merits. Mr. M'Carthy added that it would bo nchisiiWe for imployers to communicate with the Government btatla tician in such ca5e5...,,,,, Mr Weston remarked 'hat that couise was being adopted by employers now.