The Gisborne Times. PUBLISHED EVERY MORNING. FRIDAY, JULY 19, 1912.

Gisborne Times, Volume XXX, Issue 3579, 19 July 1912, Page 4

The Gisborne Times. PUBLISHED EVERY MORNING. FRIDAY, JULY 19, 1912.

Now that the 'decisions in connectm*,

The Recent Court Martial.

with the recent Court Martial in Gisborne have

beeninade known there are one or two aspects of the matter which, we think, might well engage the earnest attention of the defence authorities. As to the facts surrounding the trouble which led to the holding of this, the first inquiry of the kind since the new Defence Act came into operation, they will, of course, still be fresh in the minds of our readers. In this regard it- is, then, necessary to recall only that it appears that some 10 members of the A. Squadron of the East Coast Mounted Rifles were so indiscreet as to refuse at a parade to carry out an order that was given. Down at bedrock it has been shown what prompted the disobedience of the order was an erroneous belief that the period in respect to the parade was being unduly extended. What seems to have been the true position of affairs is, however, that in order to relieve a certain' amount of hardship the squadron had for some little time been working tinder a new arrangement which provided for fewer but longer parades. Under the circumstances, then, does it. not seem a great pity that the matter was ever allowed to assume such a considerable amount of prominence? Now that the incident is (as it were) closed, wo feel sure that general re-gret-will be experienced that so many Focal territorials should either have pleaded guilty or been found gudty of an offence which in the eyes of the miltiary law is ever regarded as of a very serious nature. With reference to'the charge of bad language that was preferred against four of the men it will be observed that a verdict of “not

guilty’’ was returned. It may, perhaps, he tiie case that the trouble might never have reached sucn dimensions ‘had all the members who were present on parade had a greater amount of experience in military matters. Under such circumstances the parade, it is safe to conclude, would not have been interrupted, but the point in dispute would have been thrashed out subsequently. Even so, however, it does seem rather extraordinary that the .officers who were present at the time were not able to prevent such an iinseemlv occurrence. But, perhaps that is an aspect of the affair which has since not been overlooked ? As to the position on the completion of the Court Martial the normal procedure as regards the accused, it is worth pointing out, was not adopted. Instead of being placed under “close arrest” pending the promulgation ot the finding, sentence and Confirmation the accused were merely placed under what is known as “open arrest.” The reason for the alteration in the procedure, it is fair to presume, was that the alleged delinquents were called up for trial from their civil employment, that they were first offenders, and may he it was felt were unaware of the very serious charge from a military point of view that was prererreti against them. It may, in this regard, •be also interesting to mention that the Confirming Officer to whom tb* decision of the Court Martial had first to be submitted, has under the King’s Regulations [lowers of commutation ov mitigation “to regulate the amount or punishment awarded by Courts Martial and to ensure that the findings and sentences are legal and that no sentence is heavier than the interest of discipline and the merits of the particular case require, etc.” A further matter to which we wish to t..-.-lude is the considerable araoiiD* expense that must have been attached to the holding of this Court Martial. The original sentences, it must be admitted, show quite clearly that in view of the persistence of the offenders in disobeying the order in question proceedings of some kind or another were well justified. (As regards the commutation that was granted those most deeply concerned may take it that it was simply done on this occasion so that "the penalty in respect to the first cases of the kind might not press more heavily than was absolutely necessary, but if there be a recurrence of the trouble the military authorities, it is certain, will take such action as will ensure proper behavior afterwards-, In a case of the kind, however, we feel strongly that the expense mat lias been involved in bringing the accused to book was quite unreasonable. Why, it must be taken into account that for the purposes of holding the Court some five high military officers had to be present. Then, again, .there was the prosecutor, and the waiting officer. Most of these important officers had to be brought from such long distances as Napier, Palmerston North and Wellington. In addition, too, some half dozen local officers had to be in- attendance for the greater part of tiie day of the trial. As to what are the usual allowances in such cases we are not in a position to say, but we should not be surprised that when fares, etc., be taken into consideration the total cost of the inquiry to the taxpayers alone would be close upon £•50! Where offences are believed to have been committed against the military law the Defence authorities, it is well known, are jealous of the right of holding ar. inquiry, and where necessary, of inflicting what they deem suitable punishment. Is it not a fact, however, that such cases as those which we have been discussing might, with a great saving to the country and with just as beneficial results, be brought before a Magistrate’s Court ?