THE MILITIA SUMMONSES.

Hawke's Bay Weekly Times, Volume 2, Issue 90, 21 September 1868, Page 230

THE MILITIA SUMMONSES.

The following were the ca3es of nonattendance at drill on the Ist inst. disposed of on Tuesday last, at the Resident Magistrate’s Court, before Capt. Curling Esq. R.M., and H. S. Tiffen Esq., J.P. The information may be of use to some of our readers, as showing the law in such cases:— No. 1 Company. James Watt, Merchant, was the first called, but did not appear, a medical certificate being handed in that he was not in a fit state to attend.—Adjourned. G-. Ashley, Clerk, proved that lie was in attendance on the day in question:—Case dismissed. He applied for his expenses, which were not allowed.

Roope Brooking, Clerk, considered himself exempted by tbe severe wound he received at Omaranui.—Dismissed.

James Stubbings pleaded that he had not yet resided three months in the Province. —Dismissed.

Brunskill pleaded that he had no rifle. Capt. Withers, . who conducted the cases against the defendants, said that a rille would have been supplied, on application at tbe Militia office.—Eined £1 and costs Bs. (The costs were the same in every case of a fine.) Charles Whitty pleaded that he was at the Spi f at the time.—Fined 5s and costs. John Cunningham said that, he did not belong to No. 1 Company, and was on drill in No. 2—Dismissed.

George Cullen pleaded that he .was exempt on account of' a dislocation of the •right elbow. ; ' He had given in a medical certificate to .that effect* signed by Dr.. Hitchings, at the Militia office.—:Dr Hitchings said-that he had given such a certificate to the defendant two years ago but did not intend it to last for, ever.. He could not. give .him such, a - certificate now: —Fined; ss, and costs. .- - - : Edward Cook;, storeman, i said that, he had been an invalid for four years.—Fined 5s and costs. ~ - V ;

Robert Sweetapple pleaded severe ill-nessi—-Fined 5s and costs. ..

—s Wishart'stated that being over the age of 40, he was exempt.—Capt. Withers said, that notice of the -fact should have been given at the - - Ililitia. office. — Dismissed.

John M'Leod, brewer, pleaded that he was not a British subject. He was a native of Lowell, in the United States, and had never been naturalised.—Dismissed.

Thomas Mulvaney pleaded that he did not reside in Napier; but was at West Clive. —Fined 3s and costs, as there was also drill at Clive.

Thomas Willis was called ; but had left Napier.

J. W. Neal pleaded that he had been exempt in Auckland on account of defective sight, and on the ground of having a militia contract'. He pleaded both these disqualifications.—Capt. Withers said that under the present law a militia, contract was no disqualification.—Fined 3s and costs.

Charles Hickson pleaded that he was a •Government officer, and in Auckland had always been exempted on that ground.— Capt. Withers said that thU was no disqualification.—Fined 3s and costs. E. Bellarney said he could not possibly attend on account of illness. He had not obtained a medical certificate because therejwas no militia surgeon, and it would cost him a. guinea.— Fined 10s and costs. F. O’Donnell. thought that the militia were called together for inspection of arms, and having none, he did not attend. —Fined 12s and costs.

F. Smith, fishmonger, pleaded that he was a cripple, and had been refused for sea-service, for which he was much better fitted than militia drill.—Fined Is and costs. No. 2 Company. J. G. Kinross, merchant, was' called. He stated that he had not read the papers, and thought that the parade was in the evening. During the day he had attended at the'Militia office and apologised. Fined £1 and costs.) Vautier Janisch said that being only in Napier on a short visit he had thought he was not called upon to attend. Before leaving the Province some sime since he had resigned his commission, and was now summoned' as a private.—Fined 5s and costs.

Gifford considered that having served seven years in various colonial forces, he was how exempt.—Fined 2s and costs. George Bowman was called; but was stated to be out of the Province.

• John Brewer .said he thought the parade was for the inspection of arms, and, not having any, he did not attend.—Fined 10s and costs.

J. Burden, turner, said he was not well on the morning of drill.—Fined 5s and costs.

J. H. Ford produced a medical certificate, stating that on the day in question he was unable to attend. —Dismissed.

J. M‘Farlaue, blacksmith, pleaded that he belonged to the corps of volunteers. Under the impression that it was a volunteer drill, he had dressed himself to attend when he discovered that it was the militia who were called out, and did not go.— Capt. Withers stated that his name had been off the roll of volunteers for six months.—Fined 10s and costs.

J. Wagstaff pleaded that one of his feet had been severely injured some years ago, which rendered it impossible for him to sustain the fatigue of drill.—Fined 5s and costs.

John Hayden was fined 5s and costs. Owen Carter pleaded that he was unwell on the morning of drill.—Fined 5s and costs.

James Greenaway made the same plea —Fined 5s and costs.

Robert Burgoyne produced his discharge from the army, wounds received before Sebastopol having unfitted him for military duty.—Dismissed. George Smith, brewer, pleaded that lie was unwell on the morning of the Ist September.—Fined 5s and costs. This concluded the day’s cases, and the Court rose.'