CONVICTED OF DESERTION.

Taranaki Daily News, Volume LVII, Issue 227, 4 March 1915, Page 8

CONVICTED OF DESERTION.

INTERESTING MILITARY POINT DECIDED. "Is a soldier not sworn-in amenab'e to military law anil its nenalties." was the interesting point that cropped up 'n iht: Wellington Magistrate's Court on | Monday, during the hearing of a ease I wherein a man named James Hendrick was charge-I with deserting from the \ New Zealand Expeditionary Force at Trentham. Hcnorick was also charged i with selling, pawning, or giving away Government military clothing. "" Defendant had pleaded not-guilty to descrt-'on on the ground that he had not been sworn in. At a previous bearing the Magistrate had given it as his opinion that accused must be discharged if he had not been sworn in. In the interim, however, Inspector Hendrey had looked up the Army Act and its amendments, a section of which measure states that if any person, although not sworn in, accepts pnv for military service, he must l't considered ,1 member of tlie military force and subieet to its rules and regulations. His Worship accepted this section and entered a conviction upon the desertion charge, ordering the prisoner to be handed over tj the military authorities to be dealt with. It was stated that if a soldier was convicted of desertion when his regiment had orders to go to tho front lie was liable to be- shot, although that course was not likely to be followed in "he present instance.

Mr F. IT. O'Leary appeared for the accused, and protested against the natur> of the second charge. This was alto/rtW too vague, he said; the charge should be definite.

Inspector Hendrey thereunon amended the second charge' to read "jriviii" awav Government property." n Evidence was given, on the second charge, that the accused had told Consi aide Stevens, who arrested him. that lie had given his uniform away. (If,, was in plain clothes when apprehended.) Accused afterwards amended this statement by alleging that he "had given th? uniform to a chap to take to district headquarters."

At this stage the accused was remanded till Tuesday to allow of « witness named Anderson—the "chap" referred to-being called to substantiate tlie accused's story.