Men eligible for Compulsory Military Service who, for moral or political
reasons failed to meet their legal obligations under the Military Service Act
were deemed Military Defaulters under the Expeditionary Forces Amendment Act
1918. Even after the conclusion of the war the government continued to trace
these defaulters. The list contains the names of 2045 men, including 160
objectors who were in prison. Six further lists dated from 1911 - 1921 contain
41 additional names and the names of 87 men to be deleted from the defaulters
list. Defaulters regained their civil rights for ten years from 10 Dec. 1918.
They were therefore incapable to be elected or appointed or of continuing to
hold office or as a member of any local or other public authority, could not
enroll or vote, they were prohibited for ten years from changing their
names or use any other name than that by which they are described in the
Military Defaulters List. If the defaulter was out of NZ on 10 Dec. 1918 he was
prohibited for ten years from returning to NZ. Any breach they were liable for
imprisonment for twelve months. See King and Country
call; New Zealanders, conscription and the Great War by Paul John Baker
(Auckland University Press 1988) pages 208 & 209
Publication: 14 May 1919 ODT May 26th 1919
5820 Aitken, William sawyer St. Andrew's, Waimate 5823 Brown Robert ploughman Waihaorunga, Waimate 31753 Coffey, William ploughman Temuka R62928 Collins, Daniel labourer Hazelburn, Pleasant Point 1462 Collins, Patrick labourer Pleasant Point 19840 Courtney, John baker Harboro St., Timaru 40503 Fitzgerald, Jack labourer Burke's Pass 72209 Gillespie, Lawrence Power station employee 14 Nelson St., Timaru 2431 Harwood William George fireman N.Z.R. Fairlie R68527 Horgan, Alfred Francis shearer Mill Rd, Waimate 19912 Horne, John Ralph labourer c/o W. Cartwright, Allandale, Fairlie 40567 Kennedy, Daniel farm hand Waimate 31915 Kennedy, John Hugh Stewart gardener c/o Mrs Hayes, Centrewood, Waimate R66169 Kirby, Denis labourer Timaru 61001 Linder, Henry shearer Waimate 2_505 McKay, William woodcutter Gleniti Timaru 19953 McKnight, William George labourer Albury 1649 Martin, Francis labourer Cave, Timaru 53783 Mullins, Matthew bricklayer c/o D. Kennedy, Morven, Waimate County 19988 Nolan, Aloysius Patrick farm labourer Levels 40653 O'Grady, P farmer Pleasant Point 24560 O'Grady, William jun farm labourer Tycho mail, Timaru 49055 O'Kane, Timothy c/o T. O'Kane, Timaru R761_7 O'Meeghan, Michael student E Co. 40th Rfts, Le Cren's Terrace, Timaru 24589 Rutter, Charles manager of coalyard 29 Allnatt St., Temuka 72378 Stammers, Edgar Stanley labourer c/o J. Donohue, Maitland, Rd, Temuka 14537 Sullivan, John driver Raymond St., Timaru 32117 Tammenan, Frank coal-trimmer ss Calm Canterbury Steamship Co. Timaru R55649 Thomas, Frank labourer Totara Valley, Pleasant Point 1795 Wild, William James labourer Waimate 80992 Wilson, John labourer Pleasant Point, Levels
Deletions under Section 10 of Expeditionary Forces Amendment Act, 1918
86482 Blanchett, Thomas hairdresser Fairlie
1. They were deprived of civil rights for ten years from the 10th day
December, 1918 and are there fore incapable
(a) Of being appointed to or of containing to hold, any office or employment in the service of the Crown, or of any local or other public authority
(b) Of being elected or appointed, or of continuing to hold office, as a member of either House of Parliament, or as a member of any local or other public authority
(c) Of being enrolled as an elector or of voting at an election of members of either House of Parliament or or of members of any local other public authority
2. If any military defaulter was out of New Zealand on the 10th day of December, 1918, he is prohibited for ten years from returning to New Zealand.
3. Military defaulters are prohibited for ten years from changing their names- that is to say, from assuming or using or continuing to assume or use any name other than that by which they are described in the Military Defaulters List.
4. Any military defaulter who commits a reach of any of the forgoing provisions is liable, on summary conviction, to imprisonment for twelve months.
It is hereby further notified that any man whose name appears on the Military Defaulters List may, within three months after gazetting of the list, appeal to a Magistrate in manner prescribed by regulations on the ground that his name has been inserted in the list in error. Form of notice of appeal may be obtained from any post office, police station or Defence Office.
Dated this ninth day of May 1919. J ALLEN, Minister of Defence.
Appendix to the Journals of the House of Representatives, 1917
Session I, H-19k
NEW ZEALAND EXPEDITIONARY FORCES. NAMES OF MEN DRAWN IN BALLOTS WHO HAD FAILED TO REPORT, AND FOR WHOM WARRANTS HAD BEEN ISSUED, BUT WHO HAD NOT BEEN FOUND BY THE POLICE UP TO THE 17th OCTOBER, 1917.
Laid on the Table of the House of Representatives by Leave
Brown, Robert, ploughman, Waihaorunga, Waimate.
Coffey, Dennis, farmer, Kerrytown.
Coffey, Matthew, farm labourer, Temuka.
Collins, Patrick, farm labourer, Pleasant Point.
Cunningham, Anthony, labourer, Wai-iti Road, Timaru.
Doneghy, Edward, farm labourer, care of Post-office, Timaru.
Kennedy, James, shepherd, Haldon, Fairlie.
Kinch, John, station hand, Mesopotamia Station, Mount Somers.
McCoy, Richard Thomas, shearer, Ma-waro, McKenzie.
Martin, Francis, flax-mill hand, Cave, Timaru.
Nolan, Aloysius Patrick, farm labourer, Levels.
Wild, William James, labourer, Waimate.
Wairarapa Daily Times, 24 February 1917, Page 5
MILITARY BALLOT. NAMES OF DEFAULTERS.
The names of the men drawn in the ballot who had failed to parade as instructed for medical examination, and to whom notices had been sent but had been returned marked not found, were contained in last night's Gazette. The men in question are liable to be tried and punished under the Army Act for the offence' of desertion or of absenting themselves without leave. The names and addresses of the men are as under: South Canterbury. Leonard, John, stable keeper, Stone Stables, Timaru.
Grey River Argus 15 January 1919, Page 3 MILITARY SERVICE
COURT MARTIAL. Christchurch, January 14. Albert Mateland McLachlan was found guilty by court-martial of disobeying the command of a superior officer to appear for medical examination at Timaru. He was sentenced to two years' hard labour. Accused pleaded that be did not know that he had been called in the ballot, but the evidence showed that in his effort to avoid the police he gave a false name and produced another man's C2 certificate.
Grey River Argus 28 May 1919, Page 3
NINETY DAYS FOR FAILING TO PARADE.
Christchurch. May 27 A District Court Martial, which sat at Christchurch, has sentenced John Courtenay, a baker, of Timaru, to 90 days' detention for failing to concentrate with a reinforcement draft on May, 20. 1918. Courtenay gave himself up to the military authorities voluntarily, and pleaded guilty to the charge.
Evening Post, 17 October 1919, Page 7
MILITARY DEFAULTERS' LIST ADDITIONS AND ALTERATIONS.
In pursuance of the provisions of the Expeditionary Forces Amendment Act, 1918, a Gazette Extraordinary was issued yesterday, making the following additions to and deletions from the Military Defaulters' List FIRST SCHEDULE. Additions under - Section 8 of Expeditionary Forces. Amendment Act, 1918
Horne, J R., labourer, Fairlie.
Colonist, 17 June 1919, Page 4
Horowhenua Chronicle, 7 June 1919, Page 2
Not all those whose names appear on the military defaulters' list feel sorry for themselves, as witness the position of "93537 Louis James Jakes, waiter, Whangamomona." He was in the "Terries" in Stratford when the war broke out, and promptly volunteered. But he was only 18, and he could not break the military line, even though he offered a second time. Nothing daunted, he went to Eltham and enlisted, not as L.J.J., but as plain "Jim Smith," and as such he sailed proudly away with the boys' of New Zealand's Eighteenth Reinforcements.
In the natural order of things soldierly he went through Sling and crossed the Channel to meet the Hun. It was at Messines, he stopped one, and was disabled. But the time had come in far New Zealand that he was enrolled in the ballot, and then the police got busy, but was fruitless until a week before the signing of the armistice when Jim (just returned) was strolling down Bridge street, in Eltham in khaki. Here a policeman tapped him on the shoulder and asked his name. "Jakes." he said without hesitation. "I thought so," remarked the official as he took a photograph of the young fellow from his pocket. "Then you're been at the front all the time?" "Yes, enlisted as Jim Smith. "he said smiling "Just so," said the policeman. "Well, I am after shirkers, not the likes of you." Now Louis James Jakes, alias Jim Smith, is working in New Plymouth and he should not have much difficulty in convincing the Magistrate, that he is no deserter.