VOLUNTEER FINES.

Colonist, Volume IV, Issue 327, 7 December 1860, Page 2

VOLUNTEER FINES.

Sir—ln your yesterday's paper you called public attention to a case which had .been decided in the Magistrate's Court; I allude to 'Volunteer Fines, &c.' But, strange to say, in place of bringing this case before your readers, you have here detailed one which was tried at Woolwich. This, sir, I.consider a piece of moral injustice towards the defendant in the Nelson case, inasmuch as there appears to be no comparison between the two caseSi In the former case the action was.to recover'certain ' arrears of subscription ;' in the latter it was for fines imposed upon defendant under circumstances.: which he thought so very un-English,**) uttevly opposed to the spirit of all free institutions and volunteers, that he allowed the case to go to court. Not that I have any fault to find with the judgment in this case, for the law being imperative there was no alternative. So then you see that the mere decision of a court, although right, is do criterion whereby the public can judge of the merits of the casei this can only be appreciated by your readers, when-the facts are presented. - I understood the defendant to say that he had ■ been fined for being absent from drill without leave, when at the same time he was confined to his home by illness ; that on the 3rd of August he ■ was fined for being absent, although he had obtained (verbally from the captain) leave of absence for the same day, and that too before witnesses; that on the 17th of the same month he bad been

fined as a defaulter when at the same time he had done duty during the whole of that day's drill. I also^nderstood the captain (witness) to say in answer to.a question put by the defendant, that he had proclaimed a law in August last, to the effect that'in future leave of absence could not and would not be granted except in case of illness. And if I am not mistaken 1 heard the Court recommend the defendant to lay the case before the Chief Commanding Officer. By detailing this case in your next, you will give knowledge to your readers, justice to the parties, and oblige One who Hearp the Case. The following is a true report of the case:— Locket v. Butler.— This was an action brought against the defendant to recover three pounds as fines for not attending drill. G. Sparrow sworn : Am Captain of No. 6 Company Rifle Volunteers. There is a mistake in the amount; in place of £3 it should be £3 12s. (this was corrected by consent). Fined the defendant for being twice absent in August, 25., four times in September, 10s., and for three tines in October, £8. By Defendant: Refused to grant leave of absence for the 3rd of August. Defendant was not at drill on the 17th of August. There was no drill on the day of the funeral of the late Mr. Kite. Did some time.in August proclaim a law that in future leave of absence could not nor would not be granted except in case of illness. Some time in September I called upon defendant to know the reason why he did not attend drill. Defendant urged as a plea his wife's illness, but did not believe it, as I saw her at the same time on the verandah. The defendant said if permitted he could produce evidence to prove that he had.obtained leave of absence for the 3rd of August, and that he attended drill on the 10th and 14th; bui Admitted being absent on the 24tK'and 31s^ofr4ifesame monthj: on the'former occasion he attended the funeral of the late Mr. Kite, on the latter he was ill. He also urged as a plea of justification for being absent during the months of September and October: , part of the time his own illness, and the remainder that of his wife. The Court said the law was imperative, but that the defendant could lay the case before the chief officer in command. Judgment, ,£3 12?,, costs, 14s. 6d. [If-'One who Heard the Case' will once more read the paragraph_whieh he considers a ' piece of moral injustice,' he-will see that the.'facts,' or merits bf the case had nothing whatever to do with the object we r had in view in publishing it, which was merely as a caution to non-attentive volunteers. We hardly know^what 'One who Heard thaCase' means by' un-English;' but in order to show those for whose benefit we inserted the caution that the law, was not peculiar to the colony,'we backed it with an English example.— Ed. Colonist.]