Second Edition, DISCRETION WANTED.

Stratford Evening Post, Volume XXXVII, Issue 93, 19 December 1913, Page 6

Second Edition, DISCRETION WANTED.

IN TERRITORIAL PROSECUTIONS.

BENCH AND COUNSEL CLASH.

R. Wood pleaded guilty at the Court this morning to failing to attend an H Co. parade on November 12th. Mr R. Spence, who appeared for defendant, said that in November defendant had attended two night parades out of three and had attended two half-dav parades, one of which was compulsory. Wood had 2\ years' efficient service to his credit and he would probably get into the reserve at the end of the 1914 training year. He (counsel) had no desire to hamper the working of the Territorial system, and there was nobody in the Court who so desired; but the framers of the Defence Act never intended that the Court should be inundated with charges against willing and loyal youths. He spoke with a" knowledge of the facts, and he could say that Wood was loyal'to the system. When the system was inaugurated it was clearly announced that as little inconvenience as possible would be caused and the men would not be subjected to unnecessary officiousness. It seemed a pity that a youth who appeared to have had such a good character for so long should be brought before the Coiirt on the report of an officer not on the staff. Such action would not tend to increase the loyalty of youths, and the present defendant was loyal. It was desirable to encourage youths who were as loyal as Wood. In the

tase of certain men who had been fined in that Court it was fiteting that

-they should have been fined. The S.M. said he thought such matters were the province of the Department, who should have them laid before it. He could not see that the matter affected that Court imany way. In most cases which had come before him the defendant could have saved-

himself from coming to Court if he" had

approached his officer and explained why he could not attend drill. That was the trouble with some of those who appeared last Court day. There were good men who came up and they had not been fined. Mr Spence said he was only endeavouring to show the Court a little of the men's side of the case. The other side had been very much in evidence. He did not want to see the system suffering because of unnecessary officiousness. There should be discrimination in prosecutions. The S.M. : You think the authorities should not prosecute men who, being good attenders, miss drills, and only prosecute the bad attenders. Mr Spence: If a man is ten minutes late one morning and has been a servant for twenty years you do not sack him because he was once late. - Good boys wiltatotrr&tain-tlwir: loyalty to the system if there is too much

harshness. The S.M. repeated that most of the trouble was caused through men not having the courtesy to make formal application for leave. Mr Spence said-he had no desire to interfere with : the authorities taking steps to see that-parades were proper-

ly attended, hut he did think that in respect of. pro&cu'tlbri's the 'authotities should use inbre discretion. Wood liad done his work ! alidhad been" regarded as a good worker and thenj suddenly, he was prosecuted for missing a parade. The S.M. said that he could not

agree with counsel. The ; men must give notice of intention to absent themselves. If proper notice was given he might be inclined to go into the

question of discretion. The Sergt.-Major said defendant had • missed eight of eighteen parades at

the time the information was laid. He had been a sergeant in H Co. till about three months ago, when it was seen fit to take his stripes from him. Defendant: At my own request.

The Sergt.-Major said Wood had been asked to resign. He (the SergtMajor) had held a class for non-coms and it was announced that those" lloncoms who did not attend would lose their stripes. Wood did not attend. Now he just kept himself goingpresent one night, and absent the next.

Mr Spence: Can he get through by the end of the year? The Sergt-Major: He has fourteen drills to put in before camp, which is impossible. * . Defendant: : Oh Wednesday it was stated on the blackboard at drill that only twenty drills were necessary for efficiency.

The Sergt-Major: It must have been a mistake. All the men are fully aware that its is necessary to do thirty drills. 'the S.M. said men should get all their drills in at the beginning of the year. The most popular course seemed, to be to do some at the beginning of the year and the rest at the end; but at the end of the year he might fall ill and be unable to do*the intended drill The men seemed more prepared to come to Court and make their explanations than to make the same explanations to the Sergt-Major. Mr Spence: Will you take a statement from Lieut. Furby regarding the notice at drill on Wednesday. The S.M. : No. It has nothing to dr> with this case.

Mr Silence: The Magistrate is not liking anything on the other side. The S.M. : Nothing further, please, Mr Spence. A fine of 10s, with 7s costs was imposed.

A QUESTION OF LEAVE. Edward Victors pleaded guilty to failing to attend H Co. drill on Novem-

ber 26th. He said he had got verbal leave from Lieut. Furby.

Sergt'.-Major McGlade said he had spoken to Lieut. Furby, who said he had not given leave. Defendant was marked "absent" by Lieut. Furby.

The S.M.: Do the men have writtei leave ?

Sergt.-Xlajor McGlade: No. The S.M.: I think it would be a good thing to give leave in writing, so that it could be produced in Court in a case where there is a dispute on the question whether or not leave has been given.

Sergt.-Major McGlade: I can bring Lieut. Furby here if you wish.

In reply to the S.M., defendant said he was prepared to swear that he had leave on the night in question. He had leave on all wet nights.

Sergt.-Major McGlade said defendant had attended ten parades out of twenty-one. He had been previously convicted. Defendant said that on the card supplied to him only ten compulsory parades were shown, and he had attended them.

The S.M. said he would like to have Lieut. Furby in the box to deal with the manner of giving leave alleged. Personally he did not think it a correct method.

Later on Lieut. Furby appeared, and gave evidence that defendant had elected to drill at Stratford, though he lived at Midhirst. As defendant Had over four miles to come to drill, witness had given him leave for all wet nights; He (witness) would never call on a mail to come such a distance on a wet night. The S.M.: Why is he brought here to-dav ?

Witness: The charge was laid in my absence. I believe the night in question was wet. , , The S.M.: Have you no written record of this leave? Witness: I took no note of the mattor, but kept it in mind.

The S.M.: The system is a wrong one. There should lie some written record of leave, so that the SergeantMajors can easily tell the men who should be prosecuted. At present it is hard for the Court to arrive at the actual facts when there was a dispute over leave. I will dismiss this information.

Sergt.-Major MeGlade said the agreement with defendant was that if he missed a Stratford drill through wet weather he should attend the next following afternoon parade at Midhirst.

The S.M. said defendant had leave from the night drill in question, and his advice Aras that an information be laid in respect of the following Midhirst drill, if defendant had missed it. Sergt.-Major MeGlade: I would riko an understanding as to which centre defendant intends to drill at. The S.M.: That is for you to do. Defendant said ..that he, had given notice that he intended in future .to parade at Midhirst.