COURT-MARTIAL

Dominion, Volume 11, Issue 309, 18 September 1918, Page 6

COURT-MARTIAL

ALLEGED FALSE ACCUSATION *■ CORPORAL AND PROVOST MARSHAL Corporal William Arthur d'Oridant, N.Z.M.P., was tried before a district court-martial at tho Buckle Street barracks yesterday on a charge of having made a false accusation against a superior officer, knowing such acsusation to be false. There were four charges, all relating to the same occasion. It was alleged that accused had told four members of the Forces, including one officer, that on the night of August 1, 1918, Captain Charles Gray, Assistant Provost Marshal in Wellington, had been drunk while in the execution of his duty. The court consisted of LieutenantColonel 11. Ncave, Essex Regiment (president),' Maior E. V. Bevan, N.Z. Garrison Artillery, and Major A. H. Mollis, N.Z. Garrison Artillery. Captain D. Baldwin was the prosecutor, and' Mr. 0. H. Treadwell .represented the acWhen the accused was asked by the president how he pleaded, Mr. Tread- | well said he objected to any plea as regarded the first three charges, on the ground that no offence under the Amy Act was disclosed in tho charge. The accusation to constitute an offence had to he made to some person having authority over the accused. Counse crimed that this contention was by Section 27 of the Army Act, and by the official interpretations. 'The word "accusation" in clause 27 had a special technical meaning, and did not apply to an accusation mndo before a person who was not the superior officer of tho complainant. , • , i Captain BaldwitTsaid the point made by accused's counsel' had no merit. If the contention were correct, any soldier could make any accusation against his omceis tor fellow-soldiers without offending against military law. The'regulations had been specially framed to prevent anything of the kind occurring. the court overruled tho objection, and the accused pleaded not guilty to all the charges. - Acting-Quartermaster George Mooie, called by Captain Baldwin, stated that on August 1, 1918. he had been on watch aboard his ship.. Between l\ p.m. and 7.30 p.m. he was .rung up.on tho telephone by Captain Gray, Assist-ant-Provost Marshal. Captain Gray instructed witness to toll accused to bring-a patrol boat to a certain spot, as "Captain Gray was going to patrol round a certain ship. Witness called accused to the telephone. He did not notice anything unusual about Captain Grav's conversation. Accused spoke to Captain Gray on the telephone. Immediately afterwards accused said lie could nearly smell it over the wircs._ Corporal d'Oridant then left the ship with tho launch. He returned about 11 p.m., and told witness that his earlier impression had been correct. Captain Gray was "full" and had required to be, helped out of the boat Cross-examined by Mr. Treadwell, witness said his • telephone conversation with Captain Gray had been very brief. He could not say. of his- own knowledge whether Captain Gray had been drunk or not. , To Captain Baldwin: Captain Gray s order, was a § perfectly clear and distinct Sergeant John J. Dunn, N.Z.M.P., stated he had been on the Wellington wharf cuard on the afternoon ot August 1." He saw Captain Gray, who was on duty in connection with the emtnrkatiou df troops. He saw Captarn Gray again at 9 p.m. at tho wharf guard room. There was nothing about the officer to suggest he had been drinking. Captain Gray asked for Corporal d'Oridant at the guard room, and was told the corporal was present, and then went away at once. The corporal followed immediately. _ Major Donald Bruce M'Kenzie, Chief Secord Officer, N.Z.E.F. camps, said he had been on the wharves on August 1, and had seen Captain Gray Eeveral times. The captain appeared perfectly normal. . ... , ' To Mr. Treadwell; Witness did not see Captain Gray after 4.15 p.m. Ho did not see any liquor on the departing transport that day. It wa s not Ins experience that liquor was m evidence, on transports leaving Wellington. .His duties took him to the ship's ; orderly room, where he oliecked the records, and he would not necessarily see liquor even if it was there. Florence Eva Taylor, correspondence cleric, stated she had spent the evening of August 1 with Mrs. Gray. Captain Grav was in the room until about U p.m' when ho went out. His condition was normal. He mentioned lie was going out in connection with a transport. ■ ..„ VII Private Heber Brown, N.Z.M.I'., testified that on August 1 he was detailed for duty on the patrol launch. Captain Gray came aboard about W .p.m. The sea was fairly rough, and the launch'shipped some water directly she left the shelter of the wharves. Captain Gray steered, and made the necessary patrol in a seamanlike manner, despite the heavy sea. When landing at the steps, where there was a considerable "jobble,'.' Captain Gray seemed to slip, and witness saw Corporal d'Oridant helping him to Ins ireot. Captain Grav's' actions and conversation, as far as witness' observed, wero normal. The* steps were well known to be dangerously slippery. ' Later, when he was returning in the launch to a warship, Corporal d'Oridant asked him if he" had "noticed anything.' Accused suggested that Captain Gray had been drinking. Witness answered "Yes, Yes," in a casual manner. Some days later accused asked him to wnto out' a statement that Captain Gray fiad been drunk aboard the launch. Witness indignantly refused, since lie believed that such a statement would havo* amounted to collusion in. a false accusation against his superior officer. Accused reminded him of what had been said on the launch. He replied that his answer then had been casual, and was very different from making a statement he know to be untrue. He. added: "I would rather lio to get a man out of trouble than tell the truth to get him into trouble." Witness bad" seen nothing in Captain Grays conduct to suggest the influence of liquor. . The witness was cross-examined' alj length by Mr. Treadwell regarding tho incidents' of tlio patrol trip. Tho proceedings wero adjourned.