APPEAL REOPENED

Dominion, Volume 35, Issue 287, 2 September 1942, Page 8

APPEAL REOPENED

Trapper Said He Could Not Kill Animals A reservist who had stated that he could not kill fowl or rabbit or drown kittens figured in an application for a rehearing made by the Crown representative, Mr. F. J. Cox, at a sitting of the No. 1 (Auckland) Armed Forces Appeal board. The reservist, Frederick Charles Baker, carpenter, did not appear.Mr. Hall Skelton, who represented Baker at the previous hearing, said he did not intend to proceed further with the case. Baker had not been conscientious with him. Mr. Cox stated that an appeal by Baker on the grounds of conscientious ' objection was dismissed in July, 1941, subject to non-combatant service. Mr. Skelton had submitted that Baker was a pathological case and the sight of blood was nauseating to him. Baker said: “I could not kill anyone, even Hitler.” His evidence was corroborated by Lieutenant O. A. Smith, who said, “He is windy. I think he would curl up if he got into action.” The report of the case, continued Mr. Cox, caused a small stir in Swanson. and a number of residents telephoned and said that, in their view, rhe board had been deceived. Kenneth Hardy Mackrell, storekeeper, Otakiri, said he met Baker when the latter was employed in building a school at Otakiri. Lieutenant Smith was also engaged on the same work. Witness was present -with Baker in deer stalking and rabbit shooting parties. Baker carried a gun on every occasion and witness saw him fire. He was not a good shot Baker was not telling the truth when he said he could not kill an animal or a bird. When witness saw the report of Baker’s appeal he thought that Baker was making statements which were contrary to fact. The chairman said that on this evidence the application for a rehearing would be granted. Trapping Opossums. Private Percy lan Thorpe said he had known Baker for the Tjast four years. He knew, that Baker was engaged in trapping opossums on witness’s father’s property at Swanson. Ninety-nine per cent, of the: opossums caught would be alive, and' it would therefore be necessary, to dispatch them.

Another witness, John Hargreaye Smith,, of the Public Works Department, said he had known Baker for the past seven years and knew that he was trapping opossums in the Swanson district. Witness had Seen him with opossum skins. Baker would be telling an untruth if he said he could not bring himself to kill an animal. The chairman, Mr.; Orr Walker, S.M., s..id the board would vary its decision by cancelling the order for non-com-batant service and leaving the matter a straiglitout dismissal of the appeal. “The board would like to express its appreciation to Mr, Guy for bringing this matter-to its notice and to Mr. Mackreli for coming to Auckland to give evidence,” he added. “It is possible for this board to be misled. I think it is the duty of any. member of the public to bring facts before the board when it has been misled.” Mr. Cox: I think it my duty to put this before the Director, of National •Service to bring the penal sections of the Act into opertKiou. The ehuiri'mii: The. board cannot, direct, but -is ,of the opinion, that something" of i lie sort should be done.