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H.—l9b
[Enclosure No. 3 in No. 26.] Captain F. B. Knyvett, O.C. No. 1, G.A.V., is charged with,— 1. An act of gross insubordination in having forwarded the letter in question in which he criticizes the administration of the Defence Department. 2. Bringing a charge against his superior officer couched in the most insubordinate language.
[Enclosure No 4 in No. 26.] No Court may require you to prove what witness you require—it is for you alone (accused) to decide common fair play. The law as to evidence of witnesses a long distance away is civil. This is a military Court, and I consider the gravity of my case warrants my having any evidence I require. No Court may inquire as to a witness being necessary or not : it is for the accused.
No. 27. Lieut.-Colonel Chaytob, Auckland, to Adjutant-General, New Zealand Defence Forces, Wellington. [Telegram.] Auckland, 21st December, 1909. Accused objects to charge 4, re having documents in his possession, &c, as not disclosing any offence. Court upholds objection, and refers question of striking out or amending charge to convening officer. Please reply urgent. Lieut.-Colonel Chaytob.
No. 28. The Adjutant-Geneeal, New Zealand Defence Forces, Wellington, to Lieut.-Colonel Chaytoe, Auckland. [Telegram.] Auckland, 21st December, 1909. Re your wire regarding objection raised : is the objection to fourth charge only ? Adjutant-Geneeal.
No. 29. Lieut.-Colonel Chaytob, Auckland, to Adjutant-Geneeal, Wellington. [Telegram.] Auckland, December, 1909. Accused objected to all four charges, but Court disallowed objection except as regards fourth charge. Lieut.-Colonel Chaytoe.
No. 30. Adjutant-Geneeal, New Zealand Defence Forces, Wellington, to Lieut.-Colonel Chaytob, Auckland. [Telegram.] Auckland, 21st December, 1909. Amend charge four mentioned by deleting the words " an act,"[and substituting the word " conduct " This allows charge being dealt with as originally outlined. Proceed with all four charges. Adjutant-General.
No. 31. Adjutant-Geneeal, New Zealand Defence Forces, Wellington, to Lieut.-Colonel Chaytob, Auckland. [Telegram.] Auckland, 21st December, 1909. Daily newspapers here state inquiry open to Press. Please report thereon. Adjutant-Geneeal.
No. 32. Lieut.-Colonel Chaytoe, Auckland, to Adjutant-Geneeal, New Zealand Defence Forces, Wellington. [Telegram.] Auckland, 22nd December, 1909. Re your instructions to amend charge four, Court considers'particulars of charge—namely, accused's statement that he possesses certain documents—does not constitute an offence, nor does his letter disclose any intention of publishing such documents. Lieut.-Colonel Chaytoe.
No. 33. Lieut.-Colonel Chaytoe, Auckland, to Adjutant-Geneeal, New Zealand Defence Forces, Wellington. Auckland, 22nd December, 1909. Re your telegram of twenty-first instant : Court decided that in accordance withfjManual of Military Law inquiry must be open. . Lieut.-Colonel Chaytoe.
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