MILITARY SERVICE APPEALS.

Taranaki Daily News, 21 December 1916, Page 8

MILITARY SERVICE APPEALS.

HAWERA SITTINGS RESUMED, APPEALS UXDEii CLAUSE 30 The Wellington, Militaiv Service Board—Messrs U. V. A. Cooper, S.M., \Y. Perry, am! I). McLaren—resumed its bitting ill Tluweni yc.sturday Captain Orr Waiktv acted us counsel for the Defence .Department. -• MEDICALLY' UNFIT. ,

The chairman announced that the appeals of Patrick Joseph Leydun, laborer, Waverlcy, and Mau>ice Leydon, dairy farmer. AYaverley, would be allowed, the Medical Board having reported that botli appellants were unfit for active service. NOT A SHIRKER FAMILY. Thomas Ryan (20; and George Ryan (27), farmers, of Msmaia, appealed on the ground of undue hardship, and stat-' ed that their calling up would mean heavy losses to theimselves and to their mother. Mr. P. O'Dea. who npppare - ) for appellants, said the Ryan family could hardly be regarded as shirkers. There were five boys in the family, one was at the front with the eighth reinforcements, ar.d another a solic tor in the Public Trust Office in Wellington, hid enlisted, and would go into camp shoitly. Countiel suggested that Thomas should go intc cam]) in February, am- that George's case should be Adjourned sine die, the appellant to take bis chance ii: the ballot. Captain Walker ag"ced with this suggestion, provided that 'lV.nmas was passed as medically St. Should he. not pass the test, then counsel rei.juired that C'eorge's- appeal shoi.id be l.iard. The Board dismissed Thomas's appeal, Mid adjourned Georgrs until to-day. CHANGED THEIR HINDS. The chairman stated that the appeals of John O'Reilly, farmer. Tarata. awl '/amcs O'Reilly, farm. r, Waverlev, would' be formally dismiss!d, the two appellants having made arrangements to sro into camp.

AX UNUSUAL CASH New ground was broken in connection with the appeals of James Patrick Joseph O'Donnell and Thomas O'Donnell, dairy farmers, Jnaha It was explained that the first of Iho brothers had been declared medically unfit, and in consequence there were not now two or more brothers in the fanv.'y permanently fit. Therefore, the provisions of Clause 35, under which the brothers were called up, f\:d not apply to (lie family, and the Board had no alternative but to allow both appeals. Thomas O'Donnell would take his chance in th l ballot.

On the grounds sf.tcd, the Board allowed the appeals. This wis the. first, occasion on which an appeal has been allowed in New Zealand in the circumstances stated.

ADJOURNED IK DEFINITELY. Occupation and hardship were the grounds upon whic.. Fravk O'Reilly, bush farm manager, Waverley, who was i ailed up under Clause 35. and who had since been drawn in .l:e ballot, appealed. Appellant said he v,as 24 years of age, and was employed by Kinsley Brothers, whose two sons had gone t.; the front. The farm was 20fl(, acres in area, of which IGOO acres lia! been cleared, 'lie worked it With the assist .i.ee of his brother Joseph There were 41100 slice]), 150 cattle, and a number of horses on the properly. Appelant said the country was rough and 5 hilly Five other members of the family ;>ad been called up, and three had apposed unsuccessfully His brother Joseph had bce:< in camp, but had been rejee'ed. One brother, Gerald, had not appealed. To Captain Wallur: The farm was unductod in conncct'on with r.nother As far as he personally .Mncerned he bad no objection to going into camu. His employers hud Jiit-d to pet suitable men, but without success. Ho could not say why one of hie employers did not appear in support °f his ay peal. The dismissal of the app-al would mean that his employers would have to kill themselves to cope with the work. Captain Wa'kcr: (ould not returned men assist in the w>rk?—lf a returned •■o'dier is fit to go up to that country he is fit to fia-lit.

Are you fit to figut —Yes Have you made ar:y attempt to enlist? —No. Why haven't yoit?—l have been too busy to enlist. Have you ever askal you? employers if you could enlist"—Xo, 1 have never bothered to do so. What, wages are y. i: getting?— £2 10*". •ilid found. Are you sa\ing '.ncr.ey?—Oh, yes; a bit. You don't want to go?—J will go if 1 am pushed. Captain Walker: That is what this Board is for. In answer to the Board, the uppcl'ant said his brothe-* .losep>' could not work the dogs, and had had very little experience of farm work. jV.oreovcr, he was unreliable, having never l.een known to stick at anything in his life. The chairman: l.Vm't you think his feelings are sufiieien'ly patriotic to induce him to stay «herc lie is in order to allow you to go to the front?—He has never been kno -n to stay anywhere The Board retired to consider this ease, and, on resuming, the chairman aunt unced that the Heard would reserve its decision sine die

CONTRARY TO' PUBLIC INTEREST. Two dairy farmers of Knpuni, Tliom:is .John Mills], (28) and William Walsh (22), asked for exemption on the grounds of occupation and undue hardship. Mr. R. 1). Welsh, for appellants, said there were only two boys in the family, and they were the nephews of Mr. Thos. VValsh, a well-known farmer of Kapuni. ihc youngest of the two, William, lived with liia uncle, and assisted him in the conduct of the farm. Mr. Thomas \\ alsh was GO years of age, and was unable to do much. The farm was carried on by the appellant, William. Adjoining tlu uncle's property was another larin, which was worked by the appellant, Thomas John. Counsel suggested that the best way out of the difficulty was to allow the eldest of the appellants to go to the front. The youngest would then stand liis chance in the ballot. The men were willing and anxious to do their duty,, and were not in any sense of the term -shirkers. If both boys had to go, added Mr. Walsh, it would be a bad thing for the country and the community. Captain Walker agreed with the "suggestion. He thought the eldest son ■hould go into camp at the end of Januar7j i v "^"" w

The chairman advised the uncle to instal milking machines on the properties. Tlioma# John Walsh's appeal was dismissed, Captain Walker undertaking to obtain leave until January 31. William Walsh's appeal was adjourned sine die, the Board being of opinion Hint his being called up would be contrary to public in teres I. UNDEII AGE Desmond Leydon, dairy farmer, Wnverlcy, appealed on the grown." that lie was not a reservist at the time of being called up, being under age. Appellant said he was 2(1 years of age on November SO, and lie received hi* notice on November 1.

The case was adjourned sine die, the appellant to take bis chance in the bal-

Gerakl Ley don, dairy farmer, Waverley, appealed on the ground of undue hardship. >lr. O'Dea explained that appellant, who had been reported ,as fit, was; one of five sons. Two had been turned down as voluntary recruits, one was away from home and was unfit to milk, and another was a wanderer who could not be depended upon. Appellants' parents were very old, and the boys were their support The appellant and his two brothers milked 115 cows, and they were three miles away from a factory. The present ■ appellant was quite prepared to go into camp it he could help his parents through the milking season.

The appeal was dismissed, and appellant was given until' the- end ol February to assist with the work on the farm. CONSCIENTIOUS OBJECTORS. Considerable interest was evmi-ed in thfc appeals of three eonscientioas objectors. The appellants were three bothers named Edgecombe, foi two of whom Mr. 0. Rvan appeared. The appeals oi Frederisk Conrtnay and Thomas Henry were taken together.

Frederick Courtnay Ldgecombe, sheep and cnttle farmer, of Ngutmvera. srdd he was 28 years of cge. He was a inn nib or of a religious body known as the Brethren, and lie worshipped at Waverley. There were 20 adherents in the Waverley district. The tenets and doctrines nf the religion prohibited him from bearing arms, and in addition he had a personal conscientious objection to bearing arms Appellant had been a member of t-. Brethren for 13 years, and had not adopted tlie religion during the war for the purpose of evading service. Appellant considered he should be exempt also on the ground that it would be contrary to public interest. The farm, which he owned in conjunction with his brother. Two men were able to manage the property by working long hours, and he and his brother were occupied 12 hours a day. In Hie event of appellant bein<; called up, the farm would have to b: sold, because it would not pay lo get anyone to look after it. One man would not be sufficient, because a hired man would not work the hours appellant was working. By selling the farm appelant would lose his opportunities of getting on. Appellant's main 6bjection to going to the front was based on his religious beliefs. Mr. Ryan: You believe the bearing o. arms to be unlawful ?—Tt would not be unlawful, but it is against my conscience to bear anus.

Captain Walker: Do you expect other people to fight for you?—l would leave it to their own conscience. ( What would be your position if th? Germans came and took your farm?—ll 1 was compelled I suppose I would have to give it up. You would not kill them?—No Would you use asphyxiating gas to disable them ?—No. What would be the limit to which you would go if the Germans came?— Ot course, they are not here. Mr. McLaren: No, but they would have been here had every Britisher been of your opinion. Captain Walker: Would 's»Jtjtand by and see your mother and treated as the women of Belgium have been treated —No, I would not. What would you do?—I don't know what I would do. Whatever action I would take would be in self-defence. What does your church think about, the matter?—l don't think it has discussed the position. You can't tell us what you would do if the Germans or other brutes came to your place?—No answer.

Would von kill them?—Xo nn.'.v.-e:'. What does your religion instruct you to do.in (ho circumstances t have suggested?—lt has not told lis wlmt to do. : Then you would have to net on your own initiative? —Xo answer. Wlmt would you do 1f the enemy cami here —I have never boon in the position suggested. Captain Walker: Xo, and I hope von never will lie, but if everyone thought as you do the Germans would lie here Whal would you do?— The law >s dealing with that. What does your conscience dictate?— It doesn't dictate anything. The chairman: You are educated man, aren't you?— Yes. Have you read about, the '.lermann defiling women, destroying churches, and shooting nurses?— Yes. Would yon like that sort o. thing hrppen here?— No. lloii't. you think you would take up arms in spite of jjour religious objection?—Xo. Are you a man at nil -—Xo answer. Would you stand by and see your women fell; violated? —No. The ciiairman: Of course you wouldn't. I am glad to hear you say that. Where in the Bible are you prohibited from killing?---In Exodus.

Where in the Bible is there reference to a fight?—ln Exodus. The chairman: Xo. there is not. It is in Numbers. Take tlmt Bible and read Hie first few chapters in Numbers relating to Moses' instructions to the Israelites.

The appellant read the reference, and added, "But we are not under the law new.'' The chairman: That is all very well for you, young man. Appellant: We have been under the grace since the time of our Lord. The chairman: I don't want to have anything more to suy to you. Mr. McLaren: l)o you know that members of the Brethren have gone to the front ?—Xo. Do you know that in Wellington soldeirs in uniform meet at the communion table in your church.—l don't. How long have you belonged to the Brethren ?—Fifteen years. When the Defence Act was made law gone years ago, did the-Brethren make a declaration objecting to it —I don't remember; not that I know of. At the time the Military Service Act became law, did the Brethren publicly declare its objection to it?— Not to my knowledge. Can you tell the Board what tenets of ,yo\ir Church speak against the bearing of arms?—l aiu speaking for my own conscience, , . ' -Me, McLaren, jjuoting from the Act,

said it wns necessary thai the religious bcdy to which objectors belonged should make a public declaration of objcci:o> against tlio bearing of arms if the ob-jectors'-claims arc to be substantiated. Mr. McLaren: Bo you know that there are members of your Church voluntarily under arms to-day?— Yes, some of them den'l: object. You say you do not object to going to the front in the capacity of a noncombatant ?—Yes. I)o you fully apprehend that this means you might have to go right into the firing line as a stretcher-bearer or in another capacity?—T am not frightened to go to the front, sp Ion:; at I do other work besides killing. I would not object to be a stretcher-bearer. Mr. McLaren: I ara glad to hear that. Do your objections go so far as to allow others to fight for you —lt is a matter for tljcir own conscience. The chairman: Yon don't object- U others fighting for- you and protecting jour property?—l didn't ask them to do it. Thomas Henry Edgecombe Raid he dio -lot object to going. to the front so long as he would not be called upon to bear arms. not like-the idea jf killing anyone.' 'Appellant said he was a married man, and assisted his brother Frederick Courtnav on the farm. The Board dismissed Frederick Courtnay Edgecombe's on all grounds, bejiig nf opinion that he had not established his objections. The decision in Thomas Henry Edgecombe's case was reserved sine die; the appellant to take his chance ill the ballot. Arthur George Edgecombe, of Mutukuvoa, appealed on the ground of religious objection, said he had 100 colonies of bees to attend to, and in his spare time ho worked on his father's farm. Asked on what grounds he appealed, apnellant produced a Bible, and said that he based his views on the commands expressed in the Xew Testament. Jesus Christ, he said, came into the world to save us. and He gave us grace. Mr. McLaren: I don't know what grace you would get from the Germans. (Laughter.) Appellant: I would not like to kill. The chairman: What would you do it the Germans treated your women as they have treated the women of Belgium?-—I am afraid 1 would shoot them. The appellant went on to sav that r.ll unbelievers were doomed to "the lajcs of fire," and he would not like the responsibility of sending an unbeliever there. The chairman interposed with the remark that he had his own views about "the lake of fire." The appellant: I am willing to go to the front as a non-combatant, but I would like to be excused from taking life. The chairman: If you saw a German attacking a woman you would reach for a rifle, wouldn't you?—T suppose so. The chairman: The Board docs not think you have substantiated your objection. The appeal is dismissed. APPELLANT GIYEX TIME. Louis Shrider, a farmer, of Inglewood, appealed, but said he was prepared to go to the front if allowed time to dispose of his farm and to arrange his domestic affairs.* Mi. P. O'Dca, who appeared for him, said appellant was a Pole by descent. The appeal was dismissed, the appellant being exempted from military' service until April SO, 1917. PASSED THE MEDICAL TEST.

Joseph John Pickering, whose ease was hold over on Tuesday so that he could be medically examined 011 Tuesday evening, was called. It was stated th»t, contrary to e?,'pectntipns, appellant passed the medical test. Appellant was parcd to go into camp, provided his brother George be exempted until June. This was agreed to, and Joseph John Pickering's appeal was accordingly torma 11 y dismissed. LEFT TO THE BALLOT. Michael O'Clrady, engine-driver, was exempted under sub-section 2, section 35, on the ground that no other brothers in the family could be called upon in the first division. He would stand his chance in tlie ballot. The Board completes its fitting at Ha were to-day.