A MILITARY DESERTER

Pukekohe & Waiuku Times, Volume 8, Issue 457, 14 March 1919, Page 2

A MILITARY DESERTER

Brother Charqed with Aiding THE CASE DISMISSED As a sequel to the arrest (torn® time ago of a military deserter named Ernest Mouldy, who was living as a hermit on an island on the Waikato river near Tuakau, his brother. Frank Mouldy, .of Puni, appeared at the Pukekohe Magistrate's Court yesterday before Mr F. K. Hunt, SM. to answer to a charge that he did between August 16th and September 29 th, 1918 a<d and abet in the desertion from the New Zealand Ex---peditionary force of Ernest Mouldy, who was a member of the said ( force. Sargeant Cowan prosecuted and Mr H. G. R. Mason appeared for.the accused. Constable Taylor of Tuakau stated on 29th September last, in company with Constable Wolfendale, he arrested Ernest Mouldy, who was gazetted as a deserter from the Expeditionary Force. Mouldy had in his pos ession a small flat bottomed boat, which was fastened by a lock and chain to the island of Whatamamjri on the Waikato river. Mouldy handed him a padlock and key, which he used for chaining the boat up. He (witness) subsequently interviewed the defendant and received a statement from him. He also received from defendant a key that fitted the lock of the boat which Ernest Mouldy had been using Defendant claimed the boat as his and said hi usually left the boat down at Shepherd's landing, which wa<* about half a mile from Whatamakiri landing. He (witness) had, however, never seen any flat bottom boats at Shepherd's landing:. Cross examined : He had no idea where the deserter got his food from. He did not tell the defendant that his brother alleged he got all his food from him. The padlock was a very common one. John Philip Moffitt, manager of the N Z Dairy Association's factory at Bombay, but formerly employed by Mr J. Pollock, at Puni called by the police, said he did not remember having given defendant a padlock and two keys. Constable Wolfendale corroborated Constable Taylor's evidence. He added that defendant informed him that the lock and key had been given to him by Moffitt '•wo or three years ago; and also that he owned a boat which had been built for him hv Mr of Pukekohe, in accordance with an order given through Mr Jackson, of Puni. Defendant also told him that he had used the boat two or three times, and on the last occasion he had left it securely locked, the key in his possession being the only one he had. Frank Jackson, storekeeper, of Puni, deposed that after the boat had been built by Mr Penny it was deposited in his (witness') shed, and was painted bv defendant. The boat" was ordered for defendant's own use.—ln reply to Mr Mason, the witness said that defendant ordered the boat in April, as he wanted it for the shooting season.. The Magistrate stated that the only facts before him were a boat, the man on the island, and a lock and two keys, and nothing warranted him in committing defendant for trial. He therefore dismissed the case.