A TRANSPORTER'S APPEAL.

Taranaki Daily News, 17 August 1917, Page 7

A TRANSPORTER'S APPEAL.

THE CASE OF ALBERT MAGON, SOME WARM PASSAGES, At the Military Appeal Court yesterday, Albert Magon, motor bus proprietor (Mr. Bennett), appealed on the ground of public interest. He depo&cd lie was aged 32 and married, owner of a motor transport service, and his business consisted of carrying cheese and produce into the freesing works and coal and other necessaries out. He also did general passenger and garaye work. He held Oaonui and Opunake dairy carting contracts, which included five factories. He had to carry tbeir cheese and other produce into New Plymouth to tha ship, and had to cart their coal and other requirements to the factory. Appellant had tried to get employees, but found that they were not a success. Be had six employees last year. He had tried to get other employees, but failed. He had also entered into a contract regarding tyres, which would probably involve a lawsuit. He had tried to dispose of his business, but could not. It took from 12 to 13 hours to do the trip from Oaomii, whereas at Opunake they had to stop the night and start in the morning. The loading and unloading of the general goods 'was very heavy, and was not suitable for an unfit man The majority of men considered the work too hard. The statement submitted showed his financial position. The chairman: How do you know! Appellant: I made it out on Sunday and the secretary typed it. Mr. McLaren: Who is the secretary?— My wife. The chairman:' You stand there with your hands in your pockets and have not looked at the statement.

Mr. McLaren remarked that the statement wag of an amateur nature.

To Mr. Bennett: His parents were born in New Zealand, but his grandparents were born in Germany. Captain Walker: Why did you tell the attesting officer that you did not know 'where they were born? Appellant: I have sinee found out.

Captain Walker: Are you sincere in stating that you appeal in the public interest?

Appellant: Yes, though ever since the war they have run me as a German.

Captain Walker: Is your appeal baaed entirely on business grounds? Appellant: Yes.

Captain Walker: Then why did you say in your appeal that your calling up ia an undue hardship, because you are of German descent and absolutely refuse to go to the war? Appellant: They run me down as a German.

Then do you absolutely'object to go to the war?—lf clear of my business I am willing to go. Do you expect the Board to take your appeal on the ground of public interest in all sincerity? If you gave up would the companies allow the butter and cheeßc to rot? —There are no other means of carting it. The chairman of the company (Mr. OTtorke) and Mr. Young were going to give evidence. Are you going to call them?— Yes; Mr. Young is here. Is it true you stated at Rahotu that you would cut your hands off rather than light?— No. You swear that on oath?— Yea, You would not take the oath of alliance? —No. Do you believe in the oath? Do you read the Bible?

Mr. Bennett asked the object of this questioning. The chairman: If Captain Walker goes

too far I will stop him, Mr. Bennett. To Captain Walker appellant Baid he never read the Bible in his life. He did not believe in it.

Captain Walker: Yet you took the oath on the Bible?

Appellant: You gave me the Bible to ;ake it with, and I took it.

To a further question, he said he never had said he would clear off to America rather than fight. Captain Walker: You got married to ?ave going to the war?—l got married to save paying board and wages. Captain Walker asked if he thought the produce could not be got in without him.

Appellant: Not without a waggon. If I died they would have to get someone else to drive it. ', Captain Walker: Just •what I wanted to arrive at.

Continuing, appellant stated that he only employed himself at present. He would have to employ others later, as well as work night and day himself. Mr. McLaren: What is the use of you talking of public interest when you take up the attitude you do? You won't take the oath of allegiance, and also write that you absolutely won't go to the war. Do you take us for a lot of children?

Appellant stated that he did not write that.

The chairman, handing a letter: 'ls that your writing? Appellant: No, my wife's. The chairman: Do you repudiate the statement? Appellant said he knew it had been written and held himself responsible. His wife signed the paper and posted it. flis wife's parents were colonial, born in New Zealand, and he thought her grandfather tame from England. James Young, a director of the Oaonui dairy factory, stated that his company iiad lot a contract for the carting to the Taranaki Motor Transport Company about three years ago, and about a year ago Mugon took it over. Witness did not know on what grounds -Magon appealed, but he (witness) appealed on account of the difficulty of getting their produce transported. To Mr. Bennett: If Magon had to go to the front it would be difficult to get anyone else to do the work. If Magon were left he could cope with the Oaonui Company's work 'without any assistance. He could not say what Magon's other contracts were. He did not know a contractor on the coast who had done any good at the work. To Captain Walker: If Magon had to go to the war the company would have to get their produce in somehow, but it might cost them about 10s per ton more. He wished it understood that it was not his dajry company who were appealing. To Mr. Perry: He did not think the dairy factory could at preseni, afford to put on a motor lorry. Mr. McLaren: Could you not BUggest to the Government that they should provide a man to do this work who could be relied Upon for allegiance to the country and the Empire. I think we are the most tolerant people on the face of vlod's earth. J The appeal was dismisfieA-