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Jennypeg
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William Ewart Barker
replied on: 3/3/2008 1:54:45 PM

Conscientious Objector Arrested
April 13th 1916 Heanor Observer
Heanor man handed over to an escort at a special sitting of the Ilkeston magistrates yesterday, William Ewart Barker 54, John Street, Heanor, grocery branch manager, was brought before the Mayor (Mr. J. A. MacDonald) Mr C Maltby and Dr Wood, for failing as a member of the Army Reserve, to appear at the time and place at which he was required to attend at Ilkeston, on April 6th Mr C. L. Rothera, of Nottingham appeared for prisoner, who pleaded not guilty.
Major Sarll, recruitment officer gave evidence that prisoner claimed total exemption as a conscientious objector, at the Heanor tribunal on 7th March, and was granted a certificate of exemption from combatant service only. He was notified that he must attend at Ilkeston on April 6th but he failed to do so, and he was reported to the police, who arrested him. He (Major Sarll) asked that he might be handed over to be dealt with by the military authorities.
Mr. Rothera said he was going to ask the bench to determine a question and gave a very strong decision on one point. The position of the conscientious objector in the Country was a very serious one. The intentions of a legislature had been very largely ignored, and he was going to ask the bench to say that prisoner did not come under the military law. Having quoted Mr Bonar Law and Lord Landsowne Mr Rothera went on to say that the tribunals in the Country had in large degree refused to be influenced by the genuineness of conscientious objectors did not get the benefit of the act the legislature clearly intended he should have.
The Major said Mr Rothera could not expect them to sit there and to go into that question.
Mr Rothera said he asked permission to satisfy the bench that his client was a conscientious objector. He was a member of a religious organisation and was a Sunday School Teacher.
The Mayor: all that would be gone into by the tribunal, which had given its decision. Have you any evidence that he is not an absentee? He had not disputed that he has not answered the call. After consulting in private the Mayor said the military authorities did not press for a penalty, and on that account the bench would waver it. Prisoner had appeared before two tribunals and it was his duty to respond to the call of his Country, when he would be given such service as was considered suitable. Their decision was that he be handed over to an escort.

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