MILITARY DEFAULTERS LIST.

Taranaki Daily News, 8 August 1919, Page 6

MILITARY DEFAULTERS LIST.

APPLICATION FOR REMOVAL OF NAME DISMISSED. Charles Clifford Oakes appealed to the Magistrate at New Plymouth yesterday to have his name removed from the list of military defaulters, on the ground that he was an American citizen, that he had never been naturalised, and that he had never received any notice to proceed to camp.

hi the course of evidence appellant said he was born in Western Territory, U.S.A., and came to New Zealand when he was between 4 and 5 years old. His father brought him to New Zealand and left him with his uncle, Mr. George Oakes, New Plymouth. His address was Ngamotu Road, Breakwater. He was drawn in the ballot under the Military Service Act, and was examined, Dui, appealed.

At this stage Major Cox, who appeared for the Defence Department, explained that appellant was drawn in the ballot in 1917, and medically examined on May 28, being classed fit A. He was ordered to camp on June 20, but lodged an appeal, and failed to appear when the case was called at the Appeal Board, on June 15. In consideration of the fact that appellant might possibly bavo not received hia notice to appear the case was adjourned until the next sitting on July 12. There was then no appearance of appellant and the case was dismissed. He failed to parade for Amp on July 25, and on August 6 a warrant was issued for hia arrest. From that time until about the middle of June last, appellant could not be found but was subsequently arrested and taken to Palmerston North for trial by court-martial. In consequence of this present appeal he was released pending its hearing. In a statement given to the authorities at the time of his arrest appellant said he did not know his parents and that he had been in New Zealand four years. His parents had never resided in New Zealand. His father brought him here and left by the next boat for New Guinea.

In reply to Major Co,x appellant said lie was .27 years of age. He had asked his uncle about his parents on several occasions but could never get any information. In regard to the statement that he. had been in New Zealand four years, he said that referred to his return to New Zealand from Sydney, where he had been on a visit. He'made no claim to British citizenship, and had never voted as an elector of the Dominion. Replying to the Magistrate he admitted receiving notice to attend the Military Appeal Board, but ho was away back in the bush at the time and liad cut his foot and could not come in. Major Cox pointed out that appellant had lodged a personal appeal on the ground that he was a marine stoker, and that the Seamen's Union had also 1 appealed on his behalf. Appellant stated he had been advisffl by the secretary of the union that his appeal would be heard in Wellington. The Magistrate, in dismissing the appeal, said appellant should have attended the sitting of the Military Appeal Board and satisfied them that he was an American citizen and not therefore eligible for service under the Military Service Act.