FAILING TO ENROL.

Taranaki Daily News, 8 April 1918, Page 6

FAILING TO ENROL.

SICK HANS RESPONSIBILITY. Francis McMahon was cliargcd at tlie New riymoulli Magistrate's Court on Saturday on remand from Waitara, with failing to inak(' application lor enrolment under the Military Service Act. Kub-luspectur Hut ton prosecuted and Mr- J. 11. Quilliam appeared tor accused, and, in order to elicit all the facts, put in a plea of not guilty. Constable La I'onple, Waitara, said he saw accused in a billiard room at Waitara on March 30. He asked him for his enrolment certificate, but lie said lie had a card at home. As his answers to inquiries were unsatisfactory witness took him to the police station where the First Division roll was searched, but accused's name could not be found. Accused made a statement to the effect that he usually resided with his parents lit Inglcwood. He had obtained employment at the freezing works on March 12, and remained there until the day he was arrested. He had told the foreman that he had a card at home, and lie would show if when he received it- lie did not get any card from home. In consequence to accused's statements, witness communicated with the f!overnmcnt Statistician who ordered proceedings +0 be taken and accused was arrested.

llr. Quilliam said the facts were that accused, who was about 23 years of age, had been a hank clerk at Stratford up till the year 1913, when he had to leave r.n account of trouble in one of hia knees. In 1914 he had undergone a serious operation m the Xcw Plymouth hospital, where he remained for 10 weeks, being discharged as incura'lile. After that he had been confined to his bed and remained there for about- IS months. He was in a very weak slate and- knew nothing of the passing of the Military Service Act. His doctor had said he had attended accused for about three yearsIn .1 uly last, he surprised everyone by phowing signs of recovery. Later ho was able to get about with the aid of a Btick and went to Mokau for a change. His physical and mental condition was verv weak, and it was ent l reiy on that account lie bad not been enrolled. Neither accused nor his family were in any sense disloyal. One of his brothers hail been in camp, but had been rejected, and another had died of tubercular trouble during the time of accused's illness. While at Waitara, accused learned, quite accidentally, through conversation with a returned soldier that he should have been enrolled, and he at once made application for enrolmentMichael McMahon, farmer, Bristol road, Inglewood, said that during his son's illness they had thought more of the undertaker than of the Government Statistician. His son had been in a semi-conscious state and the doctor had told them they might expect death »nv moment. Even when he began'to improve they did not think he would get beter.\ They had not thought of disloyalty.

In roplv to Rub-Tnspootor ITutton witness said that lie had received a loiter from the Government Statistician aiding why his soil had not enrolled sooner, and ho had replied setting out the facts of his son's illnofs. To that a reply had 'been received regretting that prior to receipt of the letter instructions had been given to the police to take action. ilr. Quilliam held that that was prsetieallv an acceptance of accused's explanation of the position. He also contended that, as the Act made special provision, in cases of sickness, for enrolment as soon after recovery as possible, and as that had been done in the present case there need be no tionThe Sub-Tnspector pointed ont that unless accused was convicted the military authorities could take no action. The Magistrate held that ho would have to convict as a precedent to militar»action. He did not think, however, that accused would suffer thereby. He would he allowed to go free, but would have to enter into his own recognisance to appear before the military authorities when called upon to do so.