e magistrate, had his pistol taken from
him, and was bound over to keep the peace for six months.
In the meantime the news had spread throughout Adelaide like wildfire,
and had reached Sir Richard at the Adelaide Club. Kingston's letter and
the revolver which accompanied it had been sent down to the club from Sir
Richard's office after twelve o'clock. No sooner had Sir Richard been
told of what had happened than he put the revolver Kingston had sent him
into his pocket, borrowed another at the club, and started off to look
for his challenger, who, he knew, usually lunched at Parliament House and
would at this time probably be walking down King William Street from the
Government Offices in Victoria Square. He was not mistaken, for after
proceeding a short way up King William Street he came face to face with
Kingston. "I am sorry," he said, "I was not at my office this morning,
but here I am now. Stand off, and the first one who counts five aloud can
shoot away."
"I am sorry," said Kingston, "but I can't oblige you; the police have
taken away my revolver."
"Never mind," said Baker, "here is the one you sent me," handing it over
to him. "I don't believe it will go off. I have one of my own."
It was now time to interfere. Three of us who had followed Sir Richard
out from the club stepped in and good counsels prevailed. As Kingston had
been bound over to keep the peace for six months no duel could take
place. As a matter of fact, it was not long before the two redoubtable
belligerents shook hands and had a friendly laugh over the incident.
Now comes the sequel. By the Regulations under the Military Act, any
member of the forces convicted of an offence in a civil court was liable
to dismissal. On the Monday morning a full report of the case appeared in
the newspapers. Before this took place General Downes had retired and I
was once more acting Commandant. The officer who was acting
Adjutant-General brought the newspaper report under my notice officially.
There was no other course but to order Sergeant Kingston to be put under
arrest and called upon to make a statement, if he so wished, before he
was dismissed from the forces, in accordance with the Regulations. This
order I gave. The Attorney-General at the time, Mr. Homburgh, was very
much concerned at my order. A doubt then entered my mind as to whether
being bound over to keep the peace amounted to a conviction under the
provisions of the Defence Act Regulations.
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