DUTY OF RESERVISTS.

Taranaki Daily News, 9 March 1917, Page 3

DUTY OF RESERVISTS.

FAILURE TO ENROL AN UNUSUAL CASE. A somewhat unusual case was heard before Mr A. M. Crooke, S.M., in the Magistrate's Court yesterday, when Henry Mathew Woller, sharemilker, of Oaomii (Mr. .1 .H. Quilliam), was charged undei the provisions of the Militarv Service Act, 1916. that being a first Division Rp=ervist. he failed to enrol himself iq the First Division. A plea of •niiltv was entered. Counsel explained that six or seven "•oars ago defendant fornied relation 1 with a woman who had been deserted bv her husband, and the woman herd since been living mu' t his protection a« His wife. There was a child. On his registration card defendant stated that ''c was quite wi "ng to go to the front : f called upon. There was no suggestion that he was a shirker. He had been torn between two emotions —service to his country and tin protection of the voman who lived with him. Having ■nade a false statement in the National Register, he ought to have made application for enrolment in the First Division. Mr. Quilliam said defendant had no knowledge that this was necessary. This was hard to believe, but defendant was an illiterate man, and, being of a quiet disposition, had little to say to those he met. Defendant claimed to belong to the Second Division. Legally, he was in the First Division, but his responsibilities were equal ,to those of reservists in the Second Division. Counsel admitted the seriousness of a First Division reservist claiming to be a Second Division reservist, but he trusted Mie Magistrate would take the circumstances into consideration and allow something for human weakness. Senior-Sergeant llowden said the ease arose out of a civil action heard at Opunake last May, wherein defendant swore that he was a married man. Undei cross-examination he admitted that he was not married. The Solicitor-Gen-era) had instructed the police to press for a severe penalty. In fact, the Soli-"'tor-General had suggested that imprisonment should be asked for in similar cases. Mr. Quilliam: It is a good job that the Solicitor-General has not got to administer the law. The Magistrate considered the ease was a serious one, but it would be lißrd lines to send a man in defendant's position to prison. The wo&an and child he was protecting would suffer. Had he been a man in a good position it might have been desirable to send him to prison as an example to others, but in the . present case be thought the ends of justice would be met with a fine, which would be a heavy one for defendant. Defendant was fined £5 and costs 7s. A fortnight was allowed in which to pay.