THE DEFENCE ACT

Wairarapa Age, Volume XXXI, Issue 10713, 18 January 1913, Page 5

THE DEFENCE ACT

SEVERAL TERRITORIALS FINED

A number of charges of breaches of the Defence Act were dealt .with at the sitting of the Magistrate's Court in Masterton yesterday. Mr L. G. Reid, S.M., gave his decision in the case in which Francis O'Connor, for whom Mr Moran appeared, was charged with failing to render the service required by the Act. His Worship said the sole point raised for the defence was that the young man had been transferred from the Territorial force, inst

of from the general training section His Worship said he was satisfied that there was no force in this contention He quoted the judgment of the F' Court in an appeal against a decision of Mr Riddell. S.M. In that case, the question of transfer had been , dealt with. Mr lieid was of opinion that, apart from tlve fact that the law now remedied any defects, there had been acquiescence on the part of t.lre defendant, who had enrolled at ; Aahburton, and had attended camp, j A fine of 10s would be imposed on ; each, of two informations, with 7s ) Court costs. Mr Moran said he was instructed to a«k that the fine be increased, to permit of an appeal being lodged. His Worship did not think that this was a,case in which an appeal should be allowed on either the* merits of the .case, or in law. The principle of increasing fines, to. permit of appeals, had been held to be wrom-;. The application would be refused. An application for counsel's foo far the prosecution was refused. C. S. Simmons. Robert Melvin. Richard W. Wooding, Heurv Messenger. George Mc.Kenzie, William RoK jnaon. Joseph J. Ewington, George Hood and Thomas Harris were charged with failing to render the service required by the Defence Act. Simmons, who did not- appear. w. oc fined 10s and costs. Melvin, Wooding Messenger, McKenzie and Hood pleaded guilty to absenting themselves from one parade, and were each ordered to pay 7s lOd costs. We bam Robinson, who bad not attended a parade, was fined 20s arid 7s cor-.t• Joseph J. Ewington, -who did not appear. and who had previously bee-i fined, was mulcted in a penalty of 20.s and 7s costs. |

The charge, against Thomas Harris was of refusing to take the oath of allegiance. A« the defendant expressed his willingness to he sworn in now, and stated that he had not previously received a notice, tho caso was withdrawn.