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LIST - WW1 executuions

 
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A.N.Other



Joined: 29 Aug 2012
Posts: 47

PostPosted: Thu Oct 02, 2014 4:59 pm    Post subject: LIST - WW1 executuions Reply with quote

38 SOLDIERS OF SCOTTISH REGIMENTS EXECUTED IN WORLD WAR 1
Some of the information regarding Soldiers details are sparse.If anyone has
any extra info on them,I would be much obliged if they could forward it on;
in the hope it will enable me to finish the Project.

Byers,Joseph,15576,Pte.,1st.bn.RSF.,executed for Desertion, 06/02/1915.
b.22/09/1898 at 96 North Queensberry St.,Dumfries,f.William(fruiterer),m.Ludavinia nee Bell,
married at Dumfries,2nd June,1887.
WO 71/397,D1915 126/AF 6(19)
Will,sis.Nellie Murray,signed 28/12/1914.
Byers,Helen,24 yrs.,married 2nd/Lt.F.J.Sidwell,11th bn.W.Rdg.Regt.,27/05/1915,f.William
(florist),m.Ludavina MS Bell.
buried Loker Churchyard,Heuvelland,W.Vlaanderen,Belgium.gr.ref.I.A.1.
Evans,Andrew,7177,Pte.,1st.bn.RSF.,executed for desertion, 06/02/1915.
b.?
buried Loker Churchyard,Heuvelland,W.Vlaanderen,Belgium.gr.ref.I.A.2.

Form for Assembly and Proceedings of Field
General Court Martial.(a)
At Locre,Belgium,this 29th day of January,1915.
[If Troops are on Active Service]
Whereas it appears to me, the undersigned, an officer in Command of 9th Infantry Brigade,
on active service, that the persons named in the annexed Schedule, and being subject to
Military Law, have committed the offences in the said Schedule mentioned.
And I am of opinion that it is not practicable that such offences should be tried by an
ordinary General Court Martial ; I hereby convene a Field General Court Martial to try the
said persons, and to consist of ---
President.
Rank. Name. Regiment.
Major H.E.R. Boxer 1/Lincoln Regt.
Members.
Rank. Name. Regiment.
Capt.T.B.G. Foster Scottish Rifles.
Capt.W.F.H.Renison Liverpool Scottish.

(Signed)
W.Douglas Smith Brig.General
Cmg. 9th Infantry Bde.

I certify that the above Court assembled on the 30th day of January 1915, and duly tried
the persons named in the said Schedule, and that the plea, finding, and sentence in the case
of each such person were as stated in the third and fourth columns of that Schedule.

Signed this 30th day of January 1915.
H Boxer Major,
1/ Lincolnshire Regiment

I have dealt with the findings and sentences in the manner stated in the last column of
the said Schedule, and, subject to what I have there stated, I hereby confirm the above find
-ings and sentences.
[And I am of opinion that it is not practicable, having due regard to the public service,
to delay the cases for confirmation by any superior qualified authority.]

Signed this Thirtieth day of January 1915.
W Douglas Smith Brig.General
Cmg. 9th Inf.Bde.

SCHEDULE.
___________
Date 30 Jany. 1915
____________________________________________________________________
Name of Offence charged Plea Finding, and if
Alleged Offender Convicted,
Sentence(b)
____________________________________________________________________
No.15576 Pte. When on active
J.Byers service attempting Guilty Guilty
1/ Royal to desert His Death.
Scots Fusiliers Majesty's Service
see 12 (1) (a)

No.7177 Pte.A When on active
Evans service attempting not Guilty Guilty
1/Royal Scots to desert His Death.
Fusiliers Majesty's Service
see 12 (1) (a)

No.7427 Corporal Wilfully or without
D.Campbell reasonable excuse not Guilty Reduced to
1/ Royal Scots allowing to escape the ranks
Fusiliers any person committed
to his charge
see 70 (2)

No.15576 Pte.J.Byers 1st bn. R.Scots Fusiliers

Charge When on active service attempting to desert His Majesty's Service.

1st Witness No.9498 Corporal C.Reilly 1/ RSF(KIA,01/03/1915) states : While on parade
preparatory to marching off to the trenches on the 8th inst. at WESTOUTRE I was in
charge of a special party detailed for the purpose of carrying up from KEMMEL to the
Trenches - the accused being one of the party requested permission to fall out to the latrine
saying he would catch the Regiment up. I gave him permission & have not since seen him
- until now. He did not come into the trenches.

GENDARMERIE NATIONALE

Cejourd'hui...dix huit Janvier Mil neuf pont quinze

a...dix heures

Nous, soussigne y Ayrault Auguste

gendarme...a pied

department...du 9th Corps d'Armee

uniforme, et conformement aux ordres de nos chefs, capportous a qui suit.

Etaut de service, route d' Ypres a' Poperinghe avons rencontre
un homme portaut uniforme de l'Armee Anglaise. Searjant interpelle',
cet homme nous a declare' qui il cejoirprait sou regiment a' Zillebeke.
Nous l'avons conduit au Quartier General du 9: Corps d'Armee ou U.
de Puybusque serguit reterpiete a L'Etat. Major la intervoge' et nous
a declare' ce qui suit :
Cet homme de nomme Joseph Byers age' 19 ans f mais
no.15576, du 3eu Regiment de Fusilliers ecoissais, 3: Division,
2eu Corps d'Armee. Ar dit avoir quitte' p.hopital de Kemmel ilya
3 jours au detail entraitement pour un maldegorge. Llestalle'
na' Vlamertinghe ou vir hui dit queson regiment tait a Dickebouch S'etant
unendu dans cette localite' avec un camarade qui il avail renconter ou leur a
il dit fusileur regiment etait a Zillebeke. ils sont alors revenues a Poperinghe il sont
il couche' dans une maison pies de lagare, Le camarade de ce soldat l'a
il quitte' ce matin.
Nous avons conduit ce militaire ' la prison du Quartier General du 9: Corps
d'Armee eu attendant quinne decision suit frise a' sonegard.
En foi de quoi vous avons dresse' le present pivee's verbal en simple
expe'dition destines au Chef d'Etat major du 9: Corps d'Armee.


Fait et clus a' Poperinghe les jour, nous et au que d'antee paul.
Orpeau.

No.71 Le soldat anglais Byers ------ etole'
dans le Cantonement Du 9 Corps d' Armee feu(from here on in this document
becomes very difficult to interpret).

All the Members of the Court concurred in the death sentence on No.15576 Pte. BYERS.
H.Boxer Major
P. F.G.C.M.
30 - 1 - 15.

No.7177,Pte.A.Evans 1st bn.R.Scots Fusiliers

Charge When on active service attempting to desert His Majesty's Service.

1st Witness No.10087 Sgt.D.Milne 1st bn.RSF being duly sworn in states : at Locre on the
29th December 1914 I called the roll of my platoon to which the accused belongs and found
him absent. We were due to return to the trenches on the 31st. The accused has been out in
the country since October and been on duty in and out the trenches since. I gave out to the
platoon no one was to quit the billets without leave. On the 31st Dec. we proceeded to the
trenches and accused was absent.
Accused declined to cross examine the witness.

2nd Witness 2/Lt.F.L.Drummond 1st bn.R.S.F.being duly sworn in states : The accused has
been in my company since the 10th October and was well aware that we were due to go into
the trenches, as had been the custom, on the 31st December, as we have been doing regular
periods of duty in the trenches.
Accused declined to cross examine the witness.

3rd Witness Cpl.Andre Commandon 94 Regt.Territorial being duly sworn in states : At on
the road to POPERINGHE from WESTVLETEREN near St.George Farm [I was sent by
my officer to arrest a German spy] I found the accused now before the court here. I took
him to my Captain.
Accused declined to cross examine the witness.

4th Witness Sgt.Mesnard Ternand 94 Regt.Territorial being duly sworn in states : On the
15th January 1915 at about 8.30 p.m.I was ordered to go to a Farm near St.George I found
the accused now before the court.I arrested him and took him to my officer.
Accused declined to cross examine the witness.
Defence

1st Witness No.7177 Pte.A. Evans 1st bn.R.S.F.being duly sworn in states : I had had
some drink about Xmas day & went for a walk to Bailleul. I was coming back when I was
taken by the French.
by Court Q 1 Did you know your Regt.would be going into the trenches.
A Yes but not the date.
Q Had your Regt.been so long as 15 days out of the trenches since November.
A No.

The accused in mitigation of Punishment states he is sorry it occured and it was through
drink. I produce B122 which shows my character as good.
Capt.J.Art.Bell 1st R.S.F. states : I produce AF B127 the accused has no entry.

Certificate.
All the Members of the Court concurred in the death sentence on No.7177 Pte.EVANS.
H.Boxer Major
P. F.G.C.M.
30-1-15

No.7427 Cpl.D.Campbell 1st R.S.F.

THIS CASE HAS NOTHING TO DO WITH THE F.G.C.M.of BYERS & EVANS.

Headquarters,
IInd Corps.
-----------------------------
I consider the sentence of death merited in the case both of Private Byers and of Private
Evans.

J.A.L.Haldane
Major-General,
31st January, 1915. Commanding 3rd Division.

2nd Army.
------------
Forwarded. I concur in the opinion expressed by the General Officer
Commanding 3rd Division, that the Death Sentence is merited in each case.

Charles Fergusson
H.Q.,2nd Corps. Lieut-General.,
1st February, 1915. Commanding 2nd Corps.

A.J.A.G.
I submit 2 Cts.Martial case for the consideration of the Field Marshal Cmg. in -
Chief & would urge that discipline in the 1st Battn. Royal Scots Fusiliers has been very
bad for some time past & that a severe example is very much wanted.
I should unhesitatingly have recommended that both Death sentences be carried
out but I think it right to point out that No.15576 Pte.J.Byers pleaded guilty & that there
-fore no sworn evidence was taken & although this is legally correct it is just a question
as to whether when a death sentence is involved the Court should not make the man
plead not guilty & take sworn evidence - The case of No.7177 Pte.A.Evans is fully
proved - as a matter of fact the offences are equally deserving of the full penalty.

H.L.Smith Dorrien
Genl
2. 1. 15. Cmg. 2 Army.

Sentences on No.15576 Pte.J.Byers and 7177 Pte.A.Evans 1/ R.Scots Fus.were duly
carried out at 8 a.m. this morning. 6 - 2 - 15.

Sinclair,Alexander,6584,Pte.,1st.bn.Q.O.C.H.,executed for Desertion, 07/03/1915.
b.27/05/1876 at 7 Main St.,Greenock,f.Alexander(riveter,journeyman),m.Hannah nee Houston,
married at Glasgow,13th July,1860.WO 71/405(National Archives Ref.No.)
name on Le Touret Memorial,Pas-de-Calais,France.Panel 41&42.

Reid,Isaac,8752,Pte.,2nd.bn.Scots Gds.,exexcuted for Desertion, 09/04/1915.
b.1894-95,WO 71/407
buried Longuenesse(St.Omer)Souvenir Cemetery,Pas-de-Calais,France.gr.ref.III.B.26.

Fraser,Evan,11653,Pte.,2nd.bn.R Scots,executed for Desertion x 3, 02/08/1915.
b.30/03/1896 at 93 High St.,New Pitsligo,Tyrie,f.Thomas(mason),m.Christian Ann
nee Milne,married at New Pitsligo,21st September,1889.UNSURE
WO 71/427,D1915 124/AF 73(19)Armed Forces Returns.
buried Perth Cemetery(China Wall),Ieper,W.Vlaanderen,Belgium.gr.ref.Sp.Mem.C.8.1.

Docherty,Thomas,11559,Pte.2nd.bn.KOSB.,executed for Desertion, 15/07/1915.
b.1893-94,WO 71/423,D1915 121/AF 26(21)
buried Perth Cemetery(China Wall),Ieper,W.Vlaanderen,Belgium.gr.ref.VI.E.3.

Docherty,John,S/9672,Pte.,9th.bn.B.W.,executed for Desertion, 15/02/1916.
b.01/08/1887 at 106 Cowgate,Edinburgh,f.Thomas(mason's labourer),m.Margaret nee
Carrigan,married at Edinburgh,3rd March,1885.WO 71/444,D1916 123/AF 395(27)
buried Mazingarbe Communal Cemetery,Pas-de-Calais,France.gr.ref. 3.

Dale,Arthur,4437,Pte,13th.bn.R Scots,executed for Murder,(drunk,killed friend), 03/03/1916.
kld.Sneddon,J.,18547,L/Cpl.,executed 6.35 a.m.at The Abattoir,Mazingarbe.
b.07/12/1870 at Ingleston Rd.,Greenock,f.Isaac(engineer's labourer),m.Margaret nee Ramsay,
married at Greenock,1st January,1866.WO 71/451
Field General Court Martial Statement on behalf of the accused by Cpt.C.W.Yule,
13th Royal Scots,Prisoner's Friend :- " The evidence shows no premeditation or malice
aforethought.The deceased L/Cpl.himself said it was an accident."
Cpt.C.W.Yule produces A.F.B.122 No entries character good.Age of accused
according to his own statement is 46 years.Accused makes no statement in
mitigation.
buried Mazingarbe Communal Cemetery,Pas-de-Calais,France.gr.ref. 103.

Lewis,Charles.,B/21000,Cpl.,"C"Coy.12th.bn.HLI.,executed for Desertion, 11/03/1916.
Deserted Noeux-les-Mines,arrested Thiennes,executed 6.11 a.m.,The Abattoir,Mazingarbe.
b.1889-90 at Centerville,Butte City,Montana,U.S.A.WO 71/452
Mazingarbe Communal Cemetery,Pas-de-Calais,France.gr.ref. 98.
With regard to Corporal LEWIS and Private RAMAGE, 12th (S) Bn.
Highland Light Infantry.
The discipline of this Battalion is not good, which fact I attribute to the
Commanding Officer. There is little doubt that in both cases the desert
-ion was committed to avoid service in the trenches. I recommend in
these cases also, that the sentences should be put into execution.

F.W.N.McCracken
Major General,
2.3.16. Commanding 15th Division.
Fox,John,7711,Pte.,2nd.bn.HLI.,executed for striking a superior officer x 2, 12/05/1916.
kicking 2nd./Lt.J.F.O'Halloran twice on the left knee at Therouanne,S.of St.Omer,
executed 4.35a.m.at Bully Grenay,R.10.b.9.1.Map 36B SE2(Boyeffles).
b.01/05/1877 at 10 Lily St.,Glasgow.UNSURE.

Charge Sheet

The Accused No.7711 Private John Fox 2nd Bn. Highland Light Infantry Reg
-iment a soldier of the regular forces is charged with :-
Sec 8(1) When on Active Service " Striking his superior officer, being in the execution
A.A. of his office. "
In that he, at In The Field on the 8th April 1916, kicked with his booted foot,
twice on the left knee 2 Lieutenant J.F. O'Halloran 2nd Bn. Highland Light
Infantry Regiment, who was at the time inspecting the rifles of his platoon.
PROSECUTION
1st WITNESS 2/Lt. J.F.O'Halloran of 2nd H.L.Infy.being duly sworn in states,
(2nd/Lt.John Fernan O'Halloran,2nd bn.HLI.,MIA,F&F.,26/07/1916)
at 8.30 a.m. on April 8,1916 at THEROUANNE I was inspecting my platoon
on parade. I found the accused, No.7711,Pte.J.FOX had not cleaned his boots
or his rifle. I ordered the Sergeant to bring him up to orderly room. I then turn
-ed to inspect the next man when I heard the accused shouting out that he was
" * sure " his rifle was clean or words to that effect. I looked round and
saw the accused had left the ranks. The sergeant who was accompanying me
ordered an escort to fall in, and take the accused to the guard room. Before
the escort had fallen in, the accused came forward and kicked me twice on
the left knee. He was then taken away to the guard room. The accused was
quite sober.
2nd Witness No.6952, Lance-Sergeant J.Stewart,2.H.L.Infy. being duly sworn in states,
(Sgt.John Stewart,2nd bn.HLI.,KIA,F&F.,16/06/1916)
At THEROUANNE, about 8.30 a.m.April 8,1916 I was accompanying 2/Lt.
O'Halloran round the platoon at the inspection of rifles. 2/Lt. O'Halloran
checked the accused for having a dirty rifle. He passed to the next man : The
accused put his rifle over his shoulder and remarked " The rifle is not dirty "
- also " You're no * officer " or words to that effect. I took the rifle off
the accused and ordered him to be confined. While the escort was " easing
springs, " the accused, No.7711,Pte. Fox rushed at 2/Lt. O'Halloran and kick
-ed him twice on the knee. The accused was sober.
Crossexamined,
The rifle of the accused was over his left shoulder.
I thought from the attitude of the accused that he was going to hit 2/Lt. O'H
alloran with the rifle.
I am sure the accused was not drunk.
3rd Witness No.9021, Corpl. O.McKay,2nd H.L.Infy. being duly sworn, states -
On the morning of April 8,1916 at 8.30 a.m. at THEROUANNE, I was on
parade with my platoon with my platoon officer, who was inspecting the
rifles of the platoon. My officer 2/Lt. O'Halloran came to the accused, No.
7711, Pte. Fox and inspected his rifle and found it dirty. 2/Lt. O'Halloran
told the platoon sergeant to have him brought up for having a dirty rifle. The
accused then used obscene language to the officer (the word I heard him
use was " bastard ",) at the same time bringing his rifle to a threatening atti
-tude towards the officer. Then the platoon sergeant gave me an order to
confine him in the guard room. Whilst the two men, who were told off for
escort, were " easing springs ", the accused rushed forward and kicked
2/Lt. O'Halloran twice on the leg.
Crossexamined,
From the position in which the accused held the rifle, I believed he was going
to strike 2/Lt. O'Halloran with it. The accused was shouting a great deal. I do
not think the man was drunk. I saw the accused going into an estimanet very
early in the morning of April 8th,1916.
DEFENCE
1st witness The accused, No.7711,Pte.Fox,2nd H.L.Infantry being duly sworn in,states -
I have been out in France since 1914,(I think November) and I have not been
home on leave since. My mother died while I was out here,about two months
ago, and I am always thinking what will become of my sister at home. My
sister is paralysed and I have been much worried as to what would happen
to her.
On the night previous, April 7th,1916, I was drunk and I had no intention
of doing what I did do. It was the effects of drink. On the early morning
of April 8, I had two glasses of rum.
I feel very sorry for what I have done.
Character assessment from his Commanding Officer,Lt./Col.W.Prentice,2nd H.L.I.
1. Pte.Fox joined the battalion in Decr.1914 and served with it till April 1915.
He then went to prison for in subordination, and rejoined for duty on 1st
Feb.1916.
He is naturally an insubordinate fellow, and gives trouble in his Company.
On the other hand his Company Commander reports that he does his work
quite well when in the Trenches.
He has never taken part in any engagements.
2. I am of the opinion that his naturally insubordinate characteristics led him to
commit the crime in anger, and that it was not deliberately premeditated.
During my twenty three years of service with this battalion I can never recol
-lect a previous case of an Officer of this battalion being assaulted by one
of the Rank & File, and I submit that an extreme penalty is not necessary as
an example.
3. 2nd Division
I forward herewith the C.O.'s report on this man No 7711 Pte.J.Fox.
In spite of what Colonel Prentice says, I recommend that the extreme penalty
be inflicted.
Colonel Prentice in my opinion is a fine disciplinarian, but he has a good
tough lot to deal with & an iron hand is necessary for the maintaining of
discipline in his Battn.
Charles Corkran
April,19th,1916. Brig.Genl.
Com.5th Inf.Bde.
------------------------------------------------------
First Army No. C.M. 5979, 26/4/16.
------------------------------------------------------
I recommend the Execution of the Sentence in this case ----------
I cannot conceive a more disgraceful violation of the principles of discip
-line than the evidence disclosed.

Headquarters, C C Monro General,
Commanding First Army.
DEATH WARRANT
:":":":":":":":":":":":":
No. 7711 Private J. Fox, 2nd bn. Highland Light Infantry, having been sentenced
to death by Field General Court Martial, the sentence will be carried out at
BULLY GRENAY (R 10 b 9.1) between the hours of 4-30 a.m. and 5-30 a.m.,
on Friday May 12th, 1916.

10th May, 1916. R.O.Kellett,Brigadier General.
Commanding 2nd Division.
WO 71/466
name on Arras Memorial,Pas-de-Calais,France.Bay 8.

Archibald,James,25531,Pte.,"W"Coy.17th.bn.R Scots,executed for Desertion, 04/06/1916.
Deserted Ferme du Bois,arrested Vielle Chapelle,executed Loisne.
b.1895-96,br.of Mrs.E.Gray,9 Rosevale Pl.,Leith,Edinburgh.
b.04/11/1895 at 102 Canongate,Edinburgh,f.William(tinsmith,jrnymn.),m.Mary MS Forster.
Married at Edinburgh,31st December,1873.
sis.Elizabeth Archibald married Alexander Gray,M1896 685/5 266
WO 71/473,D1916 124/AF 128(20)
Court Martial Statement from Lt./Col.R.N.Cheales,Cdg.17th bn.Royal Scots.
"As regards behaviour,this man was not a man who gave much trouble,neither
was he any sense a man one would pick out as a good man. He is considered
by his Platoon commander to be of poor intellect, and I consider that he is a
typical slum product of a low level of intelligence."
Court Martial Statement from Brig./Gen.H.O'Donnell,Cdg.106th Brigade.
"The 17th bn.R.Scots is very well conducted. It contains a proportion of
rough characters,& lately there has been a certain amount of insubordination
especially when orders are issued for heavy work in the trenches.
I am reluctantly compelled to state that I think an example is necessary
in the interests of the discipline of the Brigade & am of opinion that private
J.Archibald deliberately committed this crime." 25.5.16.
buried Beuvry Communal Cemetery Extension,Pas-de-Calais,France.gr.ref.II.D.15.

Murphy,Allan,12182,Pte.,9th.bn.C(S.R.).,executed for Desertion, 17/08/1916.
b.24/10/1889 at 48 Abercromby St.,Glasgow,f.Allan(sewing machine factory labourer),
m.Elizabeth nee Miller,married at Camlachie Dist.,Glasgow,16th February,1877.
WO 71/491,D1916 129/AF 227(27)
buried Quatre-Vents Military Cemetery,Estree-Cauchy,Pas-de-Calais,France.gr.ref.II.A.9.

Higgins,James,2057,Pte.,"D"Coy.1/9th.bn.A&SH.attd.8th,executed for Desertion, 26/08/1916.
Deserted at Mametz Wood,arrested Isques,executed at 5.33 a.m.
f.Robert,m.Jessie,25 Gordon St.,Clydebank.
b.14/09/1893 at 68 Brown St.,Glasgow,f.Robert(butcher,journeyman),m.Jessie nee Smith,
married at Calton,Glasgow,25th December,1890.
Will,m.Mrs.R.Higgins,25 Gordon St.,Clydebank,signed 24/01/1916.
WO 71/493,D1916 115/AF 240(23)
buried Cite Bonjean Military Cemetery,Armentieres,Nord,France.gr.ref.I.F.22.

Black,Peter,6744,Pte.,1/4th.bn.B.W.attd.1/7th.bn.B.W.,executed for desertion, 18/09/1916.
Deserted at Mametz Wood,arrested Morbecque,executed at 5.47 a.m.
b.01/04/1895 at 64 Market St.,St.Andrews,f.George Myles(gardener,journeyman),m.Maggie
Kirkland nee Wilkie,married St.Andrews,1st January,1891.UNSURE
WO 71/502,D1916 123/AF 283(22)
Field General Court Martial Statement from O.C.1/7th bn.Black Watch.
" (1) This man was one of a draft from 1/4th Black Watch which joined the battalion
about the 11th June,1916. He says that he was at Loos & Festubert with the 1/4th Black
Watch, with which battalion he came to France on 26th Feb.1915. This is his first offence
since joining.
(2) I beg to state that the discipline of this battalion is excellent & that we had very
few serious offences until receiving a draft from 1/4th Black Watch in June.
I understand that the 1/4th & 1/5th Black Watch were amalgamated and they appa
-rently sent the scum of Dundee to this battalion.
I request that enquiry be made on this matter & that the Officers concerned in this
outrage be asked for their reasons in writing for sending such a draft to a celebrated
County Territorial Battalion.
Ninety per cent of the crime in this battalion is from 1/4th Black Watch draft and
my Adjutant spends his time taking summaries of evidence.
On the night in question 4 men went "missing" & 3 are still unaccounted for.They
were 1/4th men & Pte.Black was one of them.
(3) It is very difficult to decide whether the crime was deliberately committed with
the sole object of avoiding going into action on 21st July but circumstances point to
this being the case. Black fell out when the battalion was being shelled but there is no
evidence to show that he made any attempt to rejoin his Battalion."
buried Trois Arbres Cemetery,Steenwerck,Nord,France.gr.ref.I.B.I.

Murray,Francis,S/2889,Pte.,9th.bn.G.H.,executed for Murder x 2, 01/10/1916.
b.1892-93,f.William,2 Welsh Row,Calderbank,Airdrie.
WO 71/504,D1916 118/AF 486(23)
buried Noeux-les-Mines Communal Cemetery,Pas-de-Calais,France.gr.ref.I.P.2.

Form for Assembly and Proceedings of Field
General Court Martial on Active Service.

PROCEEDINGS.
In the field, this twenty - second day of September, 1916.

Whereas it appears to me, the undersigned, an officer in Command of 40th Division,
on active service, that the persons named in the annexed Schedule, and being subject to
Military Law, have committed the offences in the said Schedule mentioned.
And I am of opinion that it is not practicable that such offences should be tried by an
ordinary General Court Martial ; I hereby convene a Field General Court Martial to try the
said persons, and to consist of ---
President.
Rank. Name. Regiment.
Major R.B.Turton 12th (S) Bn: Yorks.
Members.
Rank. Name. Regiment.
Captain E.H.Chapman 4th Yorks.
Captain L.W.Burbidge 40th Divnl.Train,ASC.
2nd Lieut. E.B.Graham 178th Brigade,RFA.

(Signed)
H.G.Ruggles-Brise Major General
Commanding 40th Division.

I certify that the above Court assembled on the 24th day of September 1916, and duly tried
the persons named in the said Schedule, and that the plea, finding, and sentence in the case
of each such person were as stated in the third and fourth columns of that Schedule.

Signed this 24th day of September 1916.
R.B.Turton,Major
President of the Court Martial.

SCHEDULE.
___________
Date 22nd September 1916 No. 96(CM)
____________________________________________________________________
Name of Offence charged Plea Finding, and if
Alleged Offender Convicted,
Sentence(b)
____________________________________________________________________
No.2889 Pte. First Charge Sheet
F.Murray First Charge not Guilty Guilty
9th Gordon Murder Death.
Highlanders, Killing No.155789
attached 173rd Sapper W.Damper,R.E.
Company,R.E.
Second Charge(alternative)
Manslaughter
Killing No.155789 not Guilty not Guilty
Sapper Damper,R.E.

Second Charge Sheet The Court
First Charge strongly recommend
Shooting with intent the accused to
to murder mercy on the
No.148565 A/Cpl.H.L. ground that he
Woodthorpe,R.E. committed the
Act while under
Second Charge(Alternative) the influence of
Shooting with intent to drink and that
do grevious bodily his conduct in
harm, France during
to No.148565 A/Cpl. the past fifteen
H.L.Woodthorpe,R.E. months has
been good.
Third Charge(alternative)
unlawful wounding
of No.148565 A/Cpl.
H.L.Woodthorpe,R.E.

First Charge Sheet

The accused No.2889 Pte : F.Murray,9th Gordon Highlanders, attached 173rd Company,
R.E., a soldier of the Regular Forces, is charged with :-
Charge 1 : When on Active Service committing the offence of
Section 41 : Murder.
Army Act in that he
at Noeuse Les Mines on 2nd September 1916 did
kill and murder No.155789 Sapper W.Damper R.E.

Charge 2 When on Active Service committing the offence of
Section 41 Manslaughter.
Army Act in that he
at Noeuse Les Mines on 2nd September 1916 did
kill No.155789 Sapper W.Damper, R.E.

to be tried by Field General Court Martial
C.F.Moores Lt.Col.
AA & QMG
40th Division
Evidence in the case of No.2889 Pte. F. Murray,
9th Gordon Highlanders,attached 173 Coy. R.E.

24 - 9 - 16.
Lt. J. Healy, 16th A: Sub Park, ASC.
appears as the friend of accused.

First Charge Sheet.

1st witness for
Prosecution. No.82632 Corpl. R.Dobson, 173ed Coy. R.E. sworn, states :
I produce a plan of the 173rd Coy.- Yard at Noeux-les-Mines. I made the plan
myself, it is drawn to scale. The pencil cross (right hand bottom corner shows
the position of the hut in which the court is sitting at the present moment.
(the plan is marked M. signed by the President attached to Proceedings.).
no cross - Exn.

2nd witness for
Prosecution No.95854 2nd Corpl. F.G.Wells, 173rd Coy. R.E. sworn, states :
At about 4.10 p.m. on 2 Sept. 1916 at Noeux les Mines I was in rear of the
parade ground. I saw the accused come from the hut marked A : he was carry
-ing a rifle : after leaving the hut I saw him capering about outside the door of
the hut ; about 2 mins. later I saw him fire his rifle : he brought the rifle up to
his shoulder and fired in the direction of the cook-house , B , at the end of
the Parade Ground.
I went into the Sergts.' mess, from the doorway I saw him fire 4 more rounds.
When he had finished the five rounds I, Corpl.Woodthorpe & Sapper Todd,
made for the accused who was then getting through the barbed wire at the
point C on the Plan. The accused saw us coming. I saw him bend down on
one knee & point his rifle at us. Woodthorpe and I ran round the corner of
the cookhouse, by the Sergts.' mess "D" in the plan; Todd was on the wire.
I went into the cookhouse of the Sergts.' mess & observed the accused thro
-ough the window. Corpl.Woodthorpe & Sapper Damper were outside the
cook-house. I saw the accused repeatedly put his rifle to his shoulder &
point it towards the cook-house. I then saw the accused bring his rifle to his
shoulder more deliberately than before : I dropped down in the corner of the
hut & heard two shots fired in rapid succession. The first shot entered the
hut & passed immediately above my head, through the corner of the hut, and
I heard Corpl.Woodthorpe shout " I've got it Welly". The second shot passed
just beneath my chin, it passed through the hut & I saw Sapper Damper fall. I
Could see him through the open door. When I saw the accused put his rifle to
to his shoulder just before firing the two shots referred to he was in my opinion
pointing his rifle at Todd. I think that I & Woodthorpe were at that time not in
view of the accused. Damper was also out of sight of the accused at the mom
-ent the two shots were fired.
Todd was at E. Woodthorpe was at F. Damper was at G. I was at H.the accu
-sed was at I, in the middle of the garden, about 50 yds. away from us.
no cross - exn.
By the Court. When I saw the accused come out of the hut A he seemed as
though he were mad drunk or silly. He was shouting out, I could not hear what.
He had on a pair of trousers, and a shirt: one arm only was in his shirt: I think
he had slippers on. He was dancing about: I thought he was drunk because he
was acting in such a strange manner. I never saw him fall down. The first two
shots went towards the cook house at the end of the yard; the next two shots
were fired towards X (where the Court is sitting.) The fifth shot was fired from
the parade ground in front of the huts. Each time he fired, he put his rifle to
to shoulder & fired at once, apparently without taking any aim. Men were work
-ing about in the yard at the time. I never able to distinguish what he was saying.
I saw no one near him nor did I hear any-one say anything to him.
I never saw the accused re load his rifle.

3rd witness for
Prosecution No.79685 Corpl.H.Rice 173rd Coy.R.E.(KIA,30/10/1917) sworn,states :
At about 4 p.m. on 2 Sept.1915 I was in the hut marked K. I heard rifle shots.
I went out & found the accused with a rifle in his hand & taking aim now &
again. I saw only one shot fired : he was then in the yard. I and some other
men rushed towards him. He went towards the garden & went through the bar
-bed wire into the garden. We were then at the corner of the Sergts.' Mess; I
attempted to get through the wire to him, but when-ever I tried to he aimed his
rifle in my direction : this happened twice. I then lay down behind the cover of
the Sergts.' Mess. While there I heard two shots fired in succession. On look
-ing round I found Woodthorpe & Damper lying down behind me. I don't
think the accused could see the result of his two shots : I don't think he could
see either Woodthorpe or Damper fall. I then got off my belly & saw the acc
-used walking away towards the other wire of the garden in the direction of the
Artillery Limbers; he then fired his rifle again, pointing it in the air. I saw him lea
-ve the limbers & go towards the bell tents. I saw him trip over a tent rope &
fall face downwards, & I saw an artilleryman catch him.
As soon as I looked round after the firing of the two shots I saw that Damper
had a wound near the small of his back. It was bleeding slightly.
Before the accused left the yard & entered the garden I saw men throwing
stones at him.
cross - exn.
The nearest I got to the accused was 20 yds.. The accused was not in full
possession of his senses. He never stood very long in one position.
By the Court I first saw men throwing stones at the accused after he had
fired the shot in the yard before he fired into the garden, I should think that
something like a hundred men were throwing stones at him from all direct
-ions. This went on for about a minute. There was no stone throwing going
on when I first came out of my hut. There was not much shouting going on.
I could not hear the accused say anything. When I first saw the accused he
was staggering about in the yard; it was the sort of staggering that one sees
in the case of a Drunken man. He got through the wire fence very easily. They
did not throw stones at him when he was in the garden. I saw him load from
the magazine, for the first shot; he loaded from his magazine on each occasion
: If he had loaded any of the shots, which I saw fired, otherwise than from his
magazine. I must have seen him do it.

4th witness for
Prosecution Capt. A.C.Pritchard 11th N.F. attached 173rd Coy. R.E. sworn states :
on 2 Sept. 1916 at about 4.15 p.m. I was in the orderly room 173 Coy. R.E.
at Noeux-les-Mines. I heard 4 shots fired: I then left the room & saw the acc
-used in the garden, he was in the act of leaving the garden in the direction of
the Limbers. I called out to him "Put your rfifle down". he turned round, bro
-ught his rifle to his shoulder & fired at me. I ducked into the cabbages &
heard the report of a rifle. I heard no bullet, as I was getting up, a few seconds
later, I heard another shot, the accused was then a good deal nearer the Tents.
I went to the side of the Limbers: & as I came out from the Limbers I saw
some 10 men holding him on the ground. I went with him to the guard room.
On the way he complained he was only one among many & that they were
handling him roughly. He complained that the man who had him by the neck
was hurting him. I saw him tied up. He was distinctly excited and I should
say he had been drinking. I think he was quite capable of realising what he
was being tied up for. I told him that as he had shot 4 men he would have to
be tied up when he said to me, yes if you let me loose I'll shoot you too you
* officer. He also offered to fight his way through the lot of us, if he
were let loose. When he was tied up he tried to pull himself up to his feet by
catching hold of some woodwork with his teeth.
Cross-exn.
I should say that the accused was blind fighting drunk.
By the Court.
The Court proposes to ask the witness whether in his opinion the accused was
so drunk that he was incapable of realising what was going on, that men were
throwing stones at him & that he[the accused] was firing shots at them.
The accused's friend objects to this question on the grounds that this question
is one for a medical expert & should not be put to the witness, as it his opinion.
Page 59, M.M.L. para. 15.
The Court over-rule the objection :-
I think the accused did realise what was going on: he recognised me as an off
-icer, he complained about being hurt aqs he was taken to the guard room he
made a threat of what he would do in the event of his being set free.

5th witness for
Prosecution No.1085 Driver G.Alexander, R.H.A. sworn, states :
At about 4.20 p.m. on 2 Sept.1916 I was in the Artillery Lines at Noeux les
Mines : grooming my horses. I saw the accused in our gun park. He came
from the direction of the R.E.coy. He went towards our tents. As he was
behind one of our tents I made a rush for him & got hold of him. We both
fell to the ground & his rifle went off.
no cross-exn.
By the Court.
When I saw him first there was a crowd of people following him. That is why
I rushed at him. I am almost positive the man was Drunk & did not know what
he was doing. He was staggering about, waving his rifle about & motioning to
people to come on. I said nothing to him, he said nothing to me. I could not
say if he smelt of drink. I was at grips with him for about 1/2 min. I did not
accompany him to the guard room. He had no jacket on; I cannot say what he
had on his feet.

6th witness for
Prosecution No.86421 Sergt. J. Currie, 173rd Coy.R.E. sworn, states :
At about 4.35 p.m. on 2 Sept.1916 I was on duty at H.Q. gate of the coy.in
Noeux-les-Mines. The accused was handed over to me. I confined him in the
guard Detention room. He was very violent. We had to handcuff him & tie him
up. In my opinion he was Drunk. In my opinion he was not capable of realising
what was going on. He did not know where he was. He did not recognise me as
a Sergt. He had known me before. He was threatening to shoot every one, I
think he did not know where he was because he did not mention any names.
no cross-exn.
By the Court.
The only reason why I think the accused did not realise where he was, was
because he did not mention any names. Captain Pritchard was there at the
time. He said to Capt.Pritchard " You are a * officer, & I will shoot
you all." He said he would shoot the * lot if he was let go.

4th witness for
Prosecution Capt. Pritchard, on his former oath, states :
on 2 Sept.1916 after the accused had been taken to the guard room, I went to
the field ambulance in Noeux-les-Mines : there I saw Sapper Damper(b.1870
at Hastings) ; I saw him dressed, labelled & taken out of the building to the
motor ambulance. I saw the name of Damper on the label.
Two days later I attended the funeral of Sapper Damper at Barlin.
no cross-exn.

7th witness for
Prosecution Capt.O.W. Richards, R.A.M.C. sworn, states :
on 2 Sept.1916, I cannot say at what time, a man labelled Sapper Damper was
brought to No.6 C.C.S. at Barlin. He had a wound over the lower left ribs,and
another smaller one on the buttocks. He was moribund. The hole was small &
irregular, consistent with it having been caused by a richochet bullet. There was
no sign of exit. I think the man had been hit by two separate fragments. He had
scarcely any pulse when admitted. I infused him, he did not rally. He died short
-ly afterwards. I saw him after he was dead. In my opinion the cause of death
was internal haemorrage, the haemorrage having been caused by the fragments
which caused the wounds. The state of things which I found was quite consis
-tent with the Decd. having been hit by a bullet which had richochetted off a
shed. I cannot say from which field ambulance the Decd. had come.

8th Witness for
Prosecution No.14466, Pte.James Glen, 13th Royal Scots sworn, states :
in answer to accused's friend. At 8.30 a.m. on 2 Sept. 1916 the accused
accused me of having stolen his kilt : he struck me & was annoyed. At about
3.30 p.m. I saw him again : coming into the hut. He was drunk at the time. He
came up & shook hands & made friends with me again.

The Prosecution consider it unnecessary to call any new witnesses whose
evidence was taken at the Summary, nor does the accused's friend desire
their presence.

Defence

The accused states on oath :- I joined the Army in August 1914. I joined the
9th Gordons. I came to France July 1915. Since then I have been doing
regular night work in the trenches. I have had only one spell of rest, in 7 days.
I remember morning of 2nd Sept. 1916. When I got out of bed I struck Glen
and accused him of stealing my kilt. At about 12.5 I went to an estaminet; I
drank stout 7 white wine. I cannot say how much. I drank a lot before I left.
The estaminet was in Noex-les-Mines. I don't remember leaving the Estaminet
& I don't remember anything until I found myself in the R.Scots Fusiliers
Guard Room.
no cross-exn.
By the Court. As far as I can recollect I was brought from the R.Scots Fusliers
Guard Room to my own Guard Room in a motor lorry. I think this was on the
next day. I don't remember talking to Capt.Pritchard. I remember Sergt.Currie
coming to the R.Scots Guard Room on 3rd Sept. in order to take me to my
own Guard Room. I don't remember firing any shot. I don't remember shaking
hands with Glen, & making up our quarrel. One of the Gordons was drinking
with me in the Estaminet; his name is Smith. I don't know his number. He is in
the 8/10 Bn. & is attached to the 173 Tunnelling Coy. He is with the coy. yet.

I have no spite against any man in the coy.& did not know the two men who
were shot.

Accused's friend addresses the Court : He refers to p.88. para.10.M.M.L.
The accused was not merely Drunk but mad. The continual strain & the drink
had made him mad. He had made friends with his only enemy, Glen. What
explanation is there as to his subsequent action except that accused was mad.

After Findings

Capt.B.C.T. Freeland, 173rd Coy.R.E. sworn, states :
I produce a certified true copy of A-+-B 122.
no cross-exn.

The accused makes no statement in mitigation of punishment recalls no
witnesses to character.
The second charge-sheet is not proceeded with :
At 2.45 p.m. the Court adjourn sine die.

I recommend that the sentence of death should be carried out. I wonder that
there are no extenuating circumstances and that it is highly desirable to make
an example in this case.

27.9.16. R.Haking General
Cmg. 1st Army.

Headquarters,
I Corps.
-----------------------------------------------------------------------------------------------
First Army No. C.M.8273, 30/9/16.
----------------------------------------------------------------------------------------------
1. The Commander-in-Chief has confirmed the sentence in the case of No.
2889 Private F.Murray, 9th Gordon Highlanders attached 173rd Company,
Royal Engineers.
2. Time, date and place of execution should be notified to this office when
returning the proceedings after promulgation, See S.S. 42 part III, 2(b) page 26.

Er.t.Chapman
Headquarters, Captain,
First Army. for D.A.A.G..First Army.

No. 2889, Private F. Murray, of 9th bn. Gordon Highlanders, attached 173rd
Company, R.E.,having been tried by F.G.C.M., and sentenced to death by
shooting, the sentence will be carried out between 7 am and 8 am at Grenay
on 1.10.16.

H Ruggles Brise.
Major General.
September 30th 1916. Commanding 40th Division.
Sentence duly carried out at Bully-Grenay at 6.58 A.M. on 1st October 1916.

Damper,William,155789,Spr.,173rd Tunn.Coy.R.E.,formerly G/7775,R.Ssx.Regt.,
b.1870,Hastings,Sussex.

McQuade,John,5626,Pte.,18th.bn.HLI.,executed for Desertion x 2, 06/11/1916.
b.,WO 71/518
buried Habarcq Communal Cemetery Extension,Pas-de-Calais,France.gr.ref.VIII.J.7.

Flynn,Hugh,5323,Pte.,18th.bn.HLI.,executed for Desertion, 15/11/1916.
b.26/06/1895 at Church Pl.,Renton,f.James McIntosh(printfield worker),m.Mrs.Jeanie nee
McArthur,married at Dumbarton,31st December,1878.WO 71/519
Will,m.Mrs.Jane Todd,45 Levenhaugh St.,Dennistoun,Dumbarton,signed 28/01/1916.
M1903 494/1 6,m.Married John Todd, at Cardross,02/10/1903.
buried Habarcq Communal Cemetery Extension,Pas-de-Calais,France.gr.ref.VIII.G.7.

Cairnie,Peter,40806,Pte.,1st.bn.RSF.,executed for Desertion, 28/12/1916.
deserted trs.nr.Serre,exexcuted 7a.m.at J.15.d. near Bus-les-Artois,E.S.E.of Doullens.
Map 57D NE3
b.1890-91 at ?,WO 71/532,D1916 126/AF 30(25)
name on Thiepval Memorial,Somme,France.Pier&Face 3C.
CONFIDENTIAL.
A.P.M., 3rd Division.
No. 40806 Private W.CAIRNIE, 1st Royal Scots Fusiliers having been tried
by F.G.C.M. and sentenced to Death by Shooting, the sentence will be carr
-ied out at BUS as soon after dawn as possible on the morning of December
28th 1916 at the time and place appointed by you.
Acknowledge.
J.S.Ollivant
Brigadier General,
for Major General,
26/12/1916. Commanding 3rd Division.

Reid,Alexander,12384,Pte.,16th.bn.HLI.,executed for Murder, 31/01/1917.
b.1886-87,WO 71/540
Will,sis.Mrs.Stirling,49 McDougall St.,Parkhead,Glasgow,signed 21/02/1916.
buried Bertrancourt Military Cemetery,Somme,France.gr.ref.2.A.17.

Murphy,William,4217,Pte.,5/6th.bn.R Scots,executed for Desertion, 07/02/1917.
deserted nr.Cardonette,executed 6.53.a.m.at Bertrancourt,nr.Mailly-Maillet.
b.1885-86,WO 71/541,D1917 124/AF 226(31)
not found on CWGC Website.
32nd Division.
-----------------
Proceedings of Field General Court Martial in the case of No.4217 Pte.
Murphy,W. of 5/6th Battalion The Royal Scots Regiment are forwarded
herewith.
For the following reason :-
(1) The Discipline of this Battalion has not been good.
(2) The offences appear to disclose deliberate attempts to avoid duty in the
Trenches.
(3) Offences of this nature are prelevant, & ought to be dealt with severity
- in order to discourage others.
C.R.I.Brooke
Lt./Col.,
28/1/17. Commanding 14th Infantry Brigade.
A.P.M.,
32nd Division.
-----------------
No.4217 Pte.WILLIAM MURPHYof 5/6th bn.Royal Scots, having been
sentenced by Field General Court Martial to death by shooting, and pro
-ceedings confirmed by Commander-in-Chief, sentence will be carried out
between 6.45 a.m. and 7.45 a.m. on 7th February,1917, at BERTRANCOURT.

Ferguson,Joseph,10930,Pte.,1st.bn.RSF.,executed for Desertion, 20/04/1917.
b.1895-96,m.Theresa,16 Brook St.,Dundee.WO 71/555,D1917 126/AF 34(21)
Will,m.Mrs.Th.Ferguson,Cudinciton by Struthven/Struan,Perthshire,signed 06/07/1916.
buried Wanquetin Communal Cemetery Extension,Pas-de-Calais,France.gr.ref.I.C.13.

Milligan,Charles Myat,43619,Pte.,10th.bn.C(S.R.).,executed for Desertion, 03/06/1917.
b.05/02/1897 at 12 Burnside St.,Glasgow,f.Samuel(railway banksman),m.Elizabeth nee Myat,
married at Calton District of Glasgow,29th December,1882.
WO 71/560,D1917 129/AF 288(20)
buried Canadian Cemetery No.2,Neuville St.Vaast,Pas-de-Calais,France.gr.ref.19.A.14.

Brown,Archibald,S/5470,Pte.,10th.bn.B.W.,executed for Desertion, 01/06/1917.
b.11/06/1888 at 28 South St.,Leven,f.Robert(coal miner),m.Elizabeth nee White,married
at Scoonie,28th November,1883 WO 71/565,D1917 123/AF 433(2Cool
buried Karasouli Military Cemetery,Polikastron,35mls.from Thessalonika,Greece.gr.ref. A.22.

Ashton,Harry,13827,L/Sgt.,11th.bn.C(S.R).,executed for Desertion,WO 71/573 08/07/1917.
b.1896-97,Manchester,f.William,m.Alice,Ramsgreave Rd.,Wilpshire,Blackburn,Lancs.
buried Karasouli Military Cemetery,Polikastron,35mls.from Thessalonika,Greece.gr.ref.C.487.

Cutmore,George,13248,Pte.,2nd.bn.B.W.,executed for Desertion, 25/07/1917.
b.08/07/1894 at 117 Castle St.,Glasgow,f.John(joiner,jrnymn.),m.Lizzie MS Aitken,married
at Glasgow,25th October,1888.
m.A.F.,Chapel Farm(now Court Rd.),Colt,Eltham.WO 71/633
Will,m.Mrs.E.Cutmore,28 Gadshill St.,St.Rollox,Glasgow,signed 12/09/1914.
name on Basra Memorial,Nasiriyah,Iraq.Panel 25&63.
1911 Census 644/8 021,p.014 117 Castle St.,Townhead,Glasgow.
Cutmore,Elizabeth,head,46 yrs.,W., b.Lanarks.Glasgow.
" ,George,son,16 yrs.,S.,appr.steneo typer, b. " "
B1894 644/6 1031
Cutmore,George Aitken,b.08/07/1894 at 117 Castle St.,Glasgow,f,John(joiner,
journeyman),m.Lizzie MS Aitken.M.Glasgow,25/10/1888.

Michael,James S.,23686,Pte.,10th.bn.C(S.R.).,executed for Desertion, 24/08/1917.
b.1895-96,WO 71/577,D1917 129/AF 295(21)
Will,sis.Miss M.Michael,40 Fisher St.,Dennistoun,Glasgow,signed 07/08/1916.
Michael,Margaret,B1885 644/11 959,parents M.Aberdeen,24/01/1879.
b.23/04/1885 at 327 Caledonia Rd.,Glasgow,f.William(bootmaker's machineman),
m.Johann MS Anderson.
Michael,James,B1890 644/11 286,parents M.Aberdeen,24/01/1879.
b.23/01/1890 at 327 Caledonia Rd.,Glasgow,f.William(boot machinist),m.Johann MS Anderson.
buried Poperinge New Military Cemetery,Poperinghe,W.Vlaanderen,Belgium.gr.ref.II.H.24.
Michael,James,B1895 644/11 1044,parents M.Aberdeen,24/01/1879.
b.27/04/1895 at 526 Govan St.,Glasgow,f.William(boot&shoe operative),m.Johann MS Anderson.
Stewart,Stanley,6730,Pte.,2nd.bn.RSF.,executed for Desertion, 29/08/1917.
b.1896,Liverpool,m.Sarah,12 Bentick St.,Kilmarnock.WO 71/579
buried Kemmel Chateau Military Cemetery,Heuvelland,W.Vlaanderen,Belgium.gr.ref.G. 66.

Delargy,Edward,335727,Pte.,1/8th.bn.R Scots,exexcuted for desertion, 06/09/1917.
b.13/01/1897 at Haywood,District of Carnwath,f.James(coal miner),m.Winifred nee Kelly,
married 2nd October,1885 at Lasswade.WO 71/583,D1917 125/AF 337(1Cool
buried Vlamertinghe New Military Cemetery,Ieper,W.Vlaanderen,Belgium.gr.ref.IX.H.19.

Mackness,Ernest,11225,Pte.,1st.bn.C(S.R.).,executed for Desertion, 01/10/1917.
b.1892,Leicester,f.Arthur,m.Louisa,3 Dundonald Rd.,Leicester.WO 71/598
buried Blaringhem Churchyard(North side of church),Nord,France.


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Adam Brown
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Joined: 14 Dec 2006
Posts: 7353
Location: Edinburgh (From Sutherland)

PostPosted: Fri Oct 03, 2014 12:02 am    Post subject: Reply with quote

I believe Hector Dalande was a French Canadian and had a request to join the French Army refused after enlisting in the Seaforth Highlanders.

Adam
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stevens



Joined: 14 Oct 2014
Posts: 5

PostPosted: Thu Oct 30, 2014 9:40 pm    Post subject: WW1 Executions - Cairnie Peter Reply with quote

The following information is included in WW1 Executions: -

Cairnie,Peter,40806,Pte.,1st.bn.RSF.,executed for Desertion, 28/12/1916.
deserted trs.nr.Serre,exexcuted 7a.m.at J.15.d. near Bus-les-Artois,E.S.E.of Doullens.
Map 57D NE3
b.1890-91,Ayr/Kilmarnock.WO 71/532,D1916 126/AF 30(25)
name on Thiepval Memorial,Somme,France.Pier&Face 3C.

I would be interested to know where the information about his birthplace came from as whilst undertaking some family research on my GF, Peter Cairnie, (Edinburgh) I came across Peter (William?) Cairnie (Glasgow) who was shot at dawn.
40806 Peter Cairnie, 1st RSF, died 28th Dec 1916
Formerly, 3942 3/7th Royal Scots
Transferred to 9th (Res) Royal Scots: 31st Aug 1916
Disembarked: 7th Oct 1916
Transferred to 1st Royal Scots Fusiliers: 20th Oct 1916

What remains of his attestation/joining papers from Leith has his name as Peter Cairnie, aged 25 years 0 months on 3 May 1916 born Glasgow Lanarkshire. Question

The Field General Court Martial papers held at The National Archives at Kew refer to 40806 Private W Cairnie with one reference to 40806 Private William Cairnie - there is no reference to Peter at all Exclamation

So two issues, one his real birthplace, the second, is his name - appears to be Peter, but how come the FGCM only had him as William. Any clarifications would be appreciated Question
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stevens



Joined: 14 Oct 2014
Posts: 5

PostPosted: Fri Oct 31, 2014 9:29 am    Post subject: WW1 Executions - Cairnie Peter Reply with quote

The following information is included in WW1 Executions: -

Cairnie,Peter,40806,Pte.,1st.bn.RSF.,executed for Desertion, 28/12/1916.
deserted trs.nr.Serre,exexcuted 7a.m.at J.15.d. near Bus-les-Artois,E.S.E.of Doullens.
Map 57D NE3
b.1890-91,Ayr/Kilmarnock.WO 71/532,D1916 126/AF 30(25)
name on Thiepval Memorial,Somme,France.Pier&Face 3C.

I would be interested to know where the information about his birthplace came from as whilst undertaking some family research on my GF, Peter Cairnie, (Edinburgh) I came across Peter (William?) Cairnie (Glasgow) who was shot at dawn.
40806 Peter Cairnie, 1st RSF, died 28th Dec 1916
Formerly, 3942 3/7th Royal Scots
Transferred to 9th (Res) Royal Scots: 31st Aug 1916
Disembarked: 7th Oct 1916
Transferred to 1st Royal Scots Fusiliers: 20th Oct 1916

What remains of his attestation/joining papers from Leith has his name as Peter Cairnie, aged 25 years 0 months on 3 May 1916 born Glasgow Lanarkshire. Question

The Field General Court Martial papers held at The National Archives at Kew refer to 40806 Private W Cairnie with one reference to 40806 Private William Cairnie - there is no reference to Peter at all Exclamation

So two issues, one his real birthplace, the second, is his name - appears to be Peter, but how come the FGCM only had him as William. Any clarifications would be appreciated Question
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Adam Brown
Curator


Joined: 14 Dec 2006
Posts: 7353
Location: Edinburgh (From Sutherland)

PostPosted: Fri Oct 31, 2014 10:25 am    Post subject: Reply with quote

That is interesting about Peter / William Cairnie

We have another Shot at Dawn thread here:

http://warmemscot.s4.bizhat.com/viewtopic.php?t=3116

We should lock one and continue with the other.

And we have the photographs of the Scottish men commemorated at the National Arboretum here:

http://warmemscot.s4.bizhat.com/viewtopic.php?t=7128

And David's photo which shows both names on Cairnie's plaque. William is in brackets but it shows it is the same man.



CAIRNIE, PETER
Rank: Private
Service No: 40806
Date of Death: 28/12/1916
Regiment/Service: Royal Scots Fusiliers, 1st Bn.
Panel Reference Pier and Face 3 C.
Memorial THIEPVAL MEMORIAL

The 7th Royal Scots were based at Dalmeny Drill Hall, Leith. The 3/7th was a reserve battalion which trained recruits for the 1/7th and 2/7th Battalions. This ties in with Cairnie enlisting in Leith.

On 1st September 1916 the 3/4th, 3/5th, 3/6th, 3/7th and 3/8th Bns Royal Scots all merged to become 4th Reserve Battalion at Catterick. I suggest that Cairnie's records are wrong and it was the 4th Reserve and not 9th Reserve battalion he joined on 31/08/16. There was no 9th Reserve Battalion Royal Scots.

Thanks

Adam
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stevens



Joined: 14 Oct 2014
Posts: 5

PostPosted: Fri Oct 31, 2014 4:47 pm    Post subject: Reply with quote

Casualty Form

http://search.findmypast.co.uk/record?id=gbm%2fwo363-4%2f007284948%2f00877&parentid=gbm%2fwo363-4%2f7284948%2f48%2f870

This would support your views about the 4th Res as does the following Statement of Service.

http://search.findmypast.co.uk/record?id=gbm%2fwo363-4%2f007284948%2f00873&parentid=gbm%2fwo363-4%2f7284948%2f48%2f870
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Theletterwriter



Joined: 25 Nov 2010
Posts: 44
Location: East Kilbride

PostPosted: Fri Oct 31, 2014 7:31 pm    Post subject: Reply with quote

In the Return of Warrant Officers, NCO's and Men via Scotlands People, he is recorded as Peter Cairnie of 1st. Battalion Royal Scots Fusiliers aged 25.

Douglas
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stevens



Joined: 14 Oct 2014
Posts: 5

PostPosted: Fri Oct 31, 2014 11:14 pm    Post subject: Reply with quote

You advise details of Scotlands People return including Peter Cairnie. I can't find this 'return' in SP, can you provide details or a link. Is any other information held?
Thanks Very Happy
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Theletterwriter



Joined: 25 Nov 2010
Posts: 44
Location: East Kilbride

PostPosted: Sat Nov 01, 2014 9:01 am    Post subject: Reply with quote

If you go click on the deaths section and then in the county / city / minor records, click on all records and scroll down to minor records. Type in his name and there are two Peter Cairnies recorded. The one you want is aged 25.

Douglas
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A.N.Other



Joined: 29 Aug 2012
Posts: 47

PostPosted: Sat Nov 01, 2014 5:29 pm    Post subject: WW1 EXECUTIONS Reply with quote

The 3/9th Battalion became the 9th Reserve battalion on 8th April,1916, May 1916, Stobs Camp.1st September,1916 in the Lowland Reserve Brigade. T.F. at Catterick. June 1917 absorbed in 4th(Reserve) Battalion at Catterick.
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stevens



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Posts: 5

PostPosted: Sat Nov 01, 2014 10:24 pm    Post subject: Reply with quote

Hello A N Other, can you advise where the details of birthplace of Ayr /Kilmarnock came from?
Thanks
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spoons



Joined: 09 Jan 2007
Posts: 4844
Location: St John's Town of Dalry

PostPosted: Sun Nov 02, 2014 2:54 pm    Post subject: Reply with quote

Some of the information about Joseph Byers above is incorrect. I researched this myself a few years ago and found out only afterwards that this research had already been done by others. For years Joseph Byers was believed to have been the youngest soldier executed being aged only 16 or 17 and from Dumfries (the son of a fruiterer). This information presumably from a birth certificate or census of the man (boy) in Dumfries. This error was published in the book 'Shot at Dawn'.

My own research has shown that the Joseph Byers from Dumfries continued his schooling locally and went on to become a doctor, dying in 1965.

This is backed up by the book 'Blindfolded and Alone' (page 293) explodes this myth, as does an article from the Guardian http://www.theguardian.com/world/1999/nov/11/firstworldwar.uk.

As to who the true Joseph Byers was, my own research into births, 1901 and 1911 census (England, Wales, Scotland and Ireland) have failed to identify any Joseph Byers born in 1895 or thereabouts who could be this man. My assumption would be therefore that he either lied or was mistaken about his age, or more likely, he served under a different name than his birth. Perhaps Joseph was his second name for example or perhaps he went by a step-father's surname.

Perhaps when the 1921 census is released and we are able to compare names from 1911 who are missing in 1921, we might get closer but it will still be a big job to find him.

\Paul
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David McNay
Curator


Joined: 14 Dec 2006
Posts: 7606
Location: Lanarkshire, Scotland

PostPosted: Thu May 05, 2016 10:03 pm    Post subject: WW1 EXECUTIONS Part 2 Reply with quote

Ward,Thomas,S/15240,Pte.,8/10th.bn.G.H.,executed for Desertion, 16/10/1917.
b.1892-93,f.Daniel,m.Mary nee Hughes,31 Society St.,Glasgow,
Birth Certificate cannot be traced.
1901 Census 644/11 012,p.011 54 Shamrock St.,Hutchesontown,Glasgow.
Ward,Daniel,head,M.,39 yrs.,cab driver, b.Lanarkshire,Glasgow.
" ,Mary,wife,M.,33 yrs., b. " "
" ,John,son,9 yrs.,scholar, b. " "
" ,Daniel,son,8 yrs.,scholar,8 yrs., b. " "
" ,Thomas,son,6 yrs.,scholar, b. " "
" ,william,son,3 yrs., b. " "
Parents married at Glasgow,27th April,1892,w.Fanny Watt(frmrly.Ward),married by
Declaration at 90.5 Gt.Hamilton St.,Glasgow,18th January,1915.
WO 71/601,D1917 118/AF 470(24)
buried St.Nicolas British Cemetery,Arras,Pas-de-Calais,France.gr.ref.II.C.17.

Taysum,Norman Henry,S/15954,Pte.,9th.bn.B.W.,executed for Desertion, 16/10/1917.
deserted at Toronto Camp on way to trs.,executed 6.25.a.m.at St.Nicholas.
b.1892,f.Henry Alfred,m.Mary Ann,25 Rosyth Old Village,nr.Edinburgh.
WO 71/602
buried St.Nicolas British Cemetery,Arras,Pas-de-Calais,France.gr.ref.I.D.23.

Adamson,James Stark,S/17688,Pte.,7th.bn.Q.O.C.H.,executed for Cowardice, 23/11/1917.
b.17/11/1887 at Fish Wynd,Kirkcaldy,f.Thomas(merchant seaman),m.Grace nee Stark,married
at Kirkcaldy,27th December,1884,w.Annie Paton.WO 71/620,D1917 116/AF 264(30)
buried St.Nicolas British Cemetery,Arras,Pas-de-Calais,France.gr.ref.II.C.18.

Dalande,Hector,S/9696,Pte.,8th.bn.Seaf.H.,executed for Desertion x 2,6 a.m., 09/03/1918.
b.1896-97 or 1890-91,Newfoundland,f.Eugene(carpenter),m.Eva nee Dumont,w.Jessie nee Watson,
married at United Free Church,Cromarty 13th November,1915.
WO 71/637,D1918 127/AF 62(27)
buried St.Nicolas British Cemetery,Arras,Pas-de-Calais,France.gr.ref.II.D.1.

Form for Assembly and Proceedings of Field
General Court Martial on Active Service.

PROCEEDINGS.
On Active Service, this Second day of February, 1918.

Whereas it appears to me, the undersigned, an officer in Command of 44th Inft.Bde.
on active service, that the persons named in the annexed Schedule, and being subject to
Military Law, have committed the offences in the said Schedule mentioned.
And I am of opinion that it is not practicable that such offences should be tried by an
ordinary General Court Martial ; I hereby convene a Field General Court Martial to try the
said persons, and to consist of ---
President.
Rank. Name. Regiment.
Major P.McF.Cram 7th Bn.Cameron Highrs.
Members.
Rank. Name. Regiment.
Captain T.Calvert 9th bn.The Black Watch
Lt. G.G.Blackwood 8th bn.Seaforth Highrs.
Capt. A.L.Kelly K.R.R.C. C.M.O.

(Signed)
Edward Hilliam Brig.General
Commanding 44th Infty.Bde.

I certify that the above Court assembled on the 4th day of February 1918, and duly tried
the persons named in the said Schedule, and that the plea, finding, and sentence in the case
of each such person were as stated in the third and fourth columns of that Schedule.

Signed this 4th day of February 1918.
.P.McF. Cram,Major
President of the Court Martial.

SCHEDULE.

____________________________________________________________________
Name of Offence charged Plea Finding, and if
Alleged Offender Convicted,
Sentence(b)
____________________________________________________________________
S/9696 Private When on Active Not Guilty
H.Delande Service Deserting Guilty Death
8th,(S) Battalion His Majesty's Service.
Seaforth Highrs.

Sect.12(1) (1)in that he, in the Field,on 26.11.17 after being warned to parade for the trenches
absented himself from his Battalion and remained absent until arrested by the Mili
-tary Police at Bresle on 11.12.17.

Sect.12(1).(2) When on Active Service Deserting His Majesty;s Service.

in that he,in the Field,on 17.12.17.,absented himself from the Battalion Details
at Logan Camp and remained absent until arrested at Caubert on 15.1.18.

30.1.18. To be tried by F.G.CM. A Robb Capt.Staff Capt.
for Brig.Genl.Comdg.44th Inf.Bde.


Date 4th February 1918 No. 287(CM)

Trial of No.S/9696 Pte. Delande H. 8th Batt.Seaforth Highlanders
Prosecutor Capt.J.G.Muir 8th Batt.Seaforth Highlanders.

Prosecution

1st witness No.427 Sgt.Paterson R.8th Batt.Seaforth Highrs.duly sworn in states :- On the
night of 25/11/17 I was orderly Sgt.of A Coy in billets at the Convent Arras. I
called the roll & found the accused absent. I at the same time waited for Coy to
parade at about 7.30 a.m. the next moning for the trenches. Accused was present
when I called and gave the warning. On the morning of 26/11.17 at 6 a.m. I again
called the Roll of A Coy. Accused was missing again. I then told the Coy.that
they would parade at about7.30 a.m. that day. Accused was present when I gave
that order. After that I did not see accused again till I saw him under arrest in
Arras about a fortnight ago. Accused belongs to my Platoon. The Batt.went
into the lines on 26/11/17 & move in for 2 days back in Arras for about 3 days
& in again for about 16 days at the beginning of December & then were in
Arras again for 6 days, went in again on 24/12/17 & came out on 2/1/18. Sgt.
Jackson who acted as platoon Sgt.while I was C.O.S.is now in England wound
-ed.

not xxd. by accused.

by the Court

as soon as we got back to Arras on 29/11/17 I took over my duty as platoon
Sgt.& have been with the platoon ever since.

2nd witness No.201997 Pte.Lang F.C.8th Batt.Seaforth Highrs.duly sworn in states :- On
at night we were in a trench by the C.O_S. Sgt.Paterson that we were to go up
to new lines the next morning. When this was given out I saw accused in the
billet. We both belong to No.3 Platoon. The next morning we paraded at about
7.30 a.m. I heard the roll called. Accused did not answer his name. I did not see
him with the platoon after this at all. The next time that I saw him was when the
summary of evidence in this case was being taken. When the C.O.S.gave out on
the night of 25/11/17 the order to parade on 26/11/17 he stated the time for par
-ade though I could not remember what the time was.

not xxd. by accused.

by the Court

I was with No.3 Platoon all the time from 26/11/17 till the summary was taken
except I was at the Details Camp for 4 days, and I never saw accused after that
time.

3rd witness No.1093 L/Cpl. Stanley G.W. M.F.P. duly sworn in states :- At Henencourt on
11/12/17 I received certain information & in consequence I went with L/Cpl.
Golding, who is now sick, to Bresle. There I went to Billet No.42 & found a
man whom I now identify as the accused. I questioned him as to why he was
there. He said that he was visiting friends & that he had visited his brother at
Bouzincourt. I asked him if he had a pass. He said "No" but that he had lost
his Batt.H.2. the previous day. I arrested him & handed him over to the N.C.O.
i/c a military guard at Henencourt. He said his Batt.H.2.were at Agny.

not xxd. by accused.

by the Court

? accused was dressed as he is now. He had not a kilt on - no equipment or rifle.

4th witness No.23633 L/Cpl. Lightfoot J.8th Batt.Seaforth Highrs.duly sworn in states :- On
17/12/17 I was i/c the guard at the Details Camp Logan Camp near Arras. About
7.30 a.m. accused who was confined in the guard room told me that he wanted
to go to the latrine. I detailed a part of his guard to take him. A few minutes later
Pte.Main one of the two men detailed to take accused to the latrines came back
& said something to me. In consequence I went to look for accused & traced
footsteps in the snow from the latrine towards a road but I could not see the acc
-used anywhere. The next time I saw accused was when I went as one of an
escort & took him over at Abbeville about the middle of January 1918. Pte.
Ashcroft one of the two men who took accused to the latrine on 17/12/17 is now
in Hospital.

xxd. by accused.

I cannot remember anything that one would have to pass in going from the lat
-trine to the road. I cannot think of any one who would have gone that morning
in the direction in which his footsteps led. I traced the footsteps myself to a
disused trench. Pte.Ashcroft did not report anything to me after he had taken
accused to the latrine. I met him in a disused trench on the other side of the lat
-rine when I went to look for the accused.

by the Court

The snow had fallen the night of Dec.16/17 & the footsteps looked fresh.

further xxd. by accused.

Pte.Ashcroft did tell me that accused had escaped. He said that he & Pte.Main
were by the latrine door while accused was inside & that when accused came out
one of them was in front of & the other behind & accused bolted forward &
escaped. Ashcroft said that he gave chase while Main came & reported to me.

5th witness No.265834,Pte. Main D.8th Batt.Seaforth Highrs.duly sworn in states :- On the
morning of 17/12/17 Ashcroft & I were put i/c the accused by L/Cpl.Lightfoot
N.C.O.i/c the guard to take him to the latrine. At the latrine accused made off.
Ashcroft gave chase. I went to report to L/Cpl.Lightfoot. He and I followed on
as soon as we could. The guard was at Lojau Camp. Accused was under arrest
there.

xxd. by accused.

Accused bolted after he hed been to the latrines. I did not see in which direction
accused made off. L/Cpl.Lightfoot & I met Ashcroft in a trench about 300 yds.
from the latrines.

6th witness No.T/19997,S.S.M. Jordan C. A.S.C.duly sworn in states :- On 15/1/18 about
10.30 p.m.at Caubert 3 kilometres from Abbeville I heard a man enter our billet.
I went & saw a man whom I now identify as the accused. I asked him what he
was doing & if he had a pass. He did not produce any pass & said he had not
got one. He said he wanted to find the A.P.M. I asked him where he came from.
He said from Cahon. He said he had been on the road since 3.30 p.m. It was a
dirty rough day & I saw that his coat & boots were quite dry & clean. I detained
accused & sent him under escort to the A.P.M. Abbeville.

xxd. by accused.

I did not offer accused a bed, or offer to allow him to stay the night. I did at first
allow accused to go & then I sent a man after him & accused came back with the
man quite willingly.

by the Court

accused had an overcoat on - I can't remember if he was wearing a kilt. He had
his A.B.64 which he produced when I asked for it. He gave me his correct name
at the same time.

7th witness No.P/672 L/Cpl.Jones W. M.F.P. duly sworn in states :- At Abbeville on 15/1/
18 at 11 p.m.a man whom I now identify as the accused was handed over to me
by Sgt.W.Ommany. I was N.C.O. i/c Police Garrison guard room. I searched
the accused & found on him a revolver & case & a suit of civilian clothes & a
white shirt which I now produce. I afterwards detained him.

xxd. by accused.

Accused did not tell me that he was giving himself up, or that he had not been
arrested.

Defence.

Accused duly sworn states :- On 23/11/17 I told the orderly Cpl.that I wanted to
see my O.C.Coy. I was taken before him & asked to see the C.O. I told my O.
C.Coy. that the reason was that I wanted to get into conversation with the Intell
-gence Department, as I had heard that a very important person in Arras was
going about in a suspicious manner. C.Q.M.S. White of A Coy.came into his
billets on the night of 22/11/17 & told me about 3 suspicious people he had seen.
he thought that one of them was a man dressed as a woman. I had also seen
some suspicious looking people on the previous day. So I thought that the ones
C.Q.M.S.White had seen must be the same. I was not taken in front of the C.O.
The next morning we were to go up the line 12.on 26/11/17. That morning I went
to see an Interpreter, & asked him to help me. That night I came back to see C.Q.
M.S.White but I did not see him as he was away with the rations. So I called his
servant Pte.Smith & asked him when the C.Q.M.S.would be back. He said not
before midnight. Pte.Smith then said I had better go back to the Batt. So I told
him what I was at, & made him promise not to say where I was for the time
being. I went back to the Interpreter, & told him I could not bring C.Q.M.S.
White that night & that he would probably be with us(the Interpreter & me) the
next night. The Interpreter & I went all around Arras to try & find the place C.
Q.M.S.White had described to me. We could not find it & as I knew that C.Q.
M.S.White had said that they(the suspicious people) wre staying in the Arras
caves I went & stayed there for about 10 days. Being short of money I went to
Bouzincourt to see my brother, to borrow some money from him. He gave me
the revolver now produced. I was arrested at Bucole. I was put in the guard
room at Logan Camp & here I went to the latrines. Pte.Main said he was going
to get his overcoat in his hut so I asked Ashcroft to come with me to the dugout
to get some wood. I went into thr dug out, Ashcroft did not. I got out of the dug
out by the far entrance to it & went around Arras. I came to Barbed wire Square
& got into the caves again & stayed there till after New Year's Day. Then I saw
that I could not get the suspicious persons I thought I would grt into serious
trouble & having saw of another suspicious person at Lapugnoy I went there
& tried to get in touch with him. I speak French. It is my native tongue. I heard
the man at Lapugnoy was away in Paris. I had no authority to follow him I went
to Abbeville & got civilian Clothes. I thought I would go to Paris. I got toCaub
-ert & there changed my mind & gave myself up to S.S.M.Jordan A,S.C. My
only intention was to do a service to the Army by getting the case of these sus
-picious people investigated.

xxd. by prosecutor.

When I was arrested at Bresle I left the revolver in Billet 42 where I was arrested.
I did not go back there. A friend of mine who works on the railway brought it
for me from Bresle to Abbeville. By the caves I mean the caves near Barbed wire
Square.They are not occupied by French people at all now.

by the Court.

My brother is in the R.G.A. The C.Q.M.S.normally gets back from taking the
rations about 6.30 or 7 p.m. That is the only night that I have known him out
as late as midnight, I was several nights with the Details in Arras or I used to go
up & see Smith who is a friend of mine & that is how I know the time at which
C.Q.M.S.White usually gets back. I lived in France for short periods from time
to time before the war. I have visited Bordeaux & Marseilles. I only stayed for
about a month at a time. I was born in Canada.

2nd witness No.3172 C.Q.M.S.White W.8th Batt. Seaforth Highrs.duly sworn in states :-
I do not remember ever telling the accused that I had seen suspicious people in
Arras. I never told accused that I had seen 3 suspicious people one of whom I
thought was a man dressed as a woman. I never told him that I had followed
them to the caves with Sgt.Watson.

xxd. by prosecutor.

In this area I never get back from taking rations to the line before 9 p.m.at the
earliest. When we were in Lancer Lane I did get back 2 nights about 8 p.m.
When the Batt.was at Fampoux I could get back in 3 hours.

by the Court.

I have never had any conversation with accused about suspicious characters in
Arras or anything of the sort.

3rd witness No.6129 Sgt.Watson D.M. 8th Batt.Seaforth Highrs.duly sworn states :- I was
A/C.S.M. A Coy.in November 1917. I took accused before O.C.Coy. at
accused's request. I do not know what the accused wanted to see the O.C.
Coy.for. He did not tell me. I did not hear what accused told the O.C.Coy.
he wanted to see the C.O.for I don't remember that I or C.Q.M.S.White in my
presence ever told accused that we had seen 3 suspicious people in Arras. I
never heard C.Q.M.S.White tell accused that he was sorry that he (accused)
was not with him when they saw 2 men & one who looked like a man disguised
as a woman disappear into the caves.

not xxd. by prosecutor.

by the Court.

I never told any one that I saw 3 suspicious people in Arras. I haver never seen
any or looked for any suspicious person nor have I ever been with any one who
so far as I know was looking for any suspicious people. I have never discussed
such a thing with C.Q.M.S.White in this room or anywhere else.

further xxd. by accused.

Accused did come into his bunk & complain that the men of the Batt.chaffed
him about spies or him being a spy or something of that sort. I did not pay any
attention to it & told him not to. I told him it was only chaff.

4th witness Interpreter Barrau attd. 46th Infantry Bde.duly sworn states :- I know accused.
He called at my Billet in Arras in the second half of November. I had seen him
once before then. He called to see another Interpreter whom he knew but who
was on leave. He said he had tell us about business concerning the army. He
spoke in mixed French & English. He speaks good French almost like a native.
He said that the night before walking with, I think, 4 N.C.O.s of his Batt.they
had entered a cafe where they noted 3 civilians, 2 men & a woman. He said that
I think, they all got suspicious of them, & especially that the woman was a man
disguised. Accused said we had thrown an orange at the woman to see how she
would receive it. He said he did this to find out if she was a woman. He said that
the woman instead of opening her legs to catch it in her dress as a woman would
have done shut her legs as a man would do. He said at the same time the civilians
got anxious & went away in a hurry & that the N.C.O.s & he followed for some
distance & tried to get near them. They being confirmed in their suspicion as to
the woman they ran after them always keeping far enough behind not to arouse
the suspicion of the civilians. But they never got any nearer to the civilians, so
they thought the civilians must be running too when out of their sight. Eventually
they saw the civilians enter a cellar & they all followed them in. But they could
not go far in as they had no light. I asked accused if he could recognise the est
-aminet where he had first seen the civilians. He said he thought he could recog
-nise it or the cellar. So I went out with him but he could not find the estaminet.
He pointed to something in Rue des Tailloensisi which he thought was the cellar
This was about midday & I told him we would have a look round at night to
see if the lights would lead him to the estaminet & I said that before another
search I must report to the French Mission what he had told me. I did so.
Accused went round again that night. He called for me. We walked round the
town a lot but he could not find the estaminet. He said that the next morning
the N.C.O.s would confirm his statement or that they could recognise the est
-aminet. He had an appointment for the next morning but no one turned up.
Accused did not come. I have never seen accused since then till today. I told
the French Mission that they would consider the matter ended as I could not
pick up the tracks myself. Accused mentioned a Q.M.S.as one who could
particularly point out the place. I do remember that accused said that the Q.M.
S.could not come the night we went round Arras as he had gone up with the
rations. Accused may have said that he would watch the cave at nights to see
if any came out. I can't remember whether he did say or not.

not xxd. by prosecutor.

by the Court.

accused seems very anxious & keen to arrive at some result. He looked to me
to be serious. I think he came to see the other interpreter in our billets because
he knew him.

C.Q.M.S.White recalled by the Court on his former oath states :- I was in an
estaminet with accused & Sgt.Watson once in I think November. I did not see
accused throw an orange at a woman in the estaminet. There were 2 women
serving in the estaminet. I saw no other woman & no Civilians at all there. We
did not follow up 2 men & a woman after leaving the estaminet. We did not
discuss spies at all that night. I know the estaminet. I could find it easily.
Accused has never asked me what estaminet it was.

Sgt.Watson recalled by the Court on his former oath states :- I remember being
in an estaminet with C.Q.M.S.White & accused in November there were no
other N.C.O.s with us I did not see accused throw any orange at a woman.
There were no women in the estaminet except those serving. I did not go back
with accused. We did not follow 2 men & a woman through the streets.

Court closed to consider finding.

after finding.

Capt.J.G.Muir 8th Batt.Seaforth Highlanders duly sworn states :- I produce the
original & a certified true copy of A.F. B122 relating to accused.
I do not know accused personally. Accused is under a suspended sentence of
3 yrs. P.S.
not xxd. by accused.

Accused states : I enlisted 25/8/14 came to France 11/12/15. I have not been
wounded. I have been out continuously since Dec.1915.

C.Q.M.S.White recalled on his former oath states : Accused was in my Platoon
in the Hulluch Sector. I have known him since Dec.1915. I have always found
him a good man in th Platoon. He never gave trouble in the trenches. On the
Somme he did pretty well. He was in the fighting at Ypres 1917.

Court closed to consider sentence.
Certified that L.S.412a was before the Court.

The Commanding Officer states :-
"I cannot come to any other conclusion than that this crime was deliberately
carried out. After being arrested for desertion (being already under suspension
of sentence for a previous case of desertion) he escaped and again deserted.
The case appears to me to be an extremely serious one. I am convinced
that Pte. DELANDE is determined not to serve as a soldier in the British Army.
I gather privately that he expresses a desire to serve in the French Army in
preference to the British army. He has never made any official application to do
so. He is a French Canadian, and speaks English with a French accent. It is
possible that he might be of use as a soldier in the French Army but I doubt it.
He is useless and a bad influence in the British Army."
In view of the soldier's bad character, and as an example to others, I recommend
that the extreme penalty be inflicted.
Edward Hilliam
Brigadier General,
8.2.18. Commanding 44th Infantry Brigade.

CONFIDENTIAL. 15th Division CMA/160

Headquarters,
XVII Corps 'A'

I forward herewith proceedings of a Field General Court-Martial in the case
of No. S/9696, Private H. DELANDE, 8th Bn. Seaforth Highlanders.

Private H.DELANDE deliberately deserted. The case is as bad as it can be
against the individual, but he is not a true bred Britisher. He is a French Canadian.
This fact, with his name and his accent, would probably account for distrust on
his comrades' part, bearing in mind that they are Highlanders.

In his favour it is stated that "in the trenches in 1915 and 1916 he always did
well, and in action on and after 31st July, 1917, he displayed marked gallantry".

If an example was necessary in this Unit or Division I would recommend the
extreme penalty.

The man himself is not worthy of consideration except on the grounds that
he did fight well. On the other hand the good name of the Seaforth Highlanders
is of great importance.

I recommend that the extreme penalty be not enforced. No example is nece
-ssary, and that being the case, the disgraceful conduct of a French Canadian
should not, in my humble opinion, be allowed to tarnish the good name of the
Seaforth Highlanders. A death sentence recorded against an unit on active
service does cast a stigma.

H.L.Reed
Major General,
9th February, 1918. Commanding 15th Division.
Third Army 'A'
Forwarded, I recommend that the sentence be put into execution.
The man is under a suspended sentence for desertion(3 years P.S.) already.
I do not agree with the views put forward above, as if this offence is condoned,
it would be hard to enforce it against any one else. Charles Fergusson
General
15/2/18 Cmdg XVII Corps

Third Army. CM/11348

Adjutant General,
(thro' D.J.A.G.)
General Head Quarters.

Proceedings of Field General Court Martial in the case of No. L/9696 Pte. H.
DELANDE, 8th Batt. Seaforth Highlanders, who was sentenced on 4/2/18 to
Death on two charges of Desertion, are forwarded herewith.
I recommend that the sentence be carried out. A very determined case of
desertion.
Head Quarters, J.Byng. General,
Third Army. Commanding Third Army.
12/2/18.

GENERAL OFFICER COMMANDING,
THIRD ARMY
In confirmation of my telegram No. A(b) 3722 of to-day.
Please note that the C.-in-C. has confrmed the sentence in the case of
No. S/9696 Pte. H. DELANDE 8th(S) Bn Seaforth Highlanders
The return of the proceedings direct to this office after promulgation
as requested.

G.H.Q., R.T.Uxxxxxxbilliams Capt.
3/3/1918. for Adjutant General.

DEATH WARRANT

No. S/9696, Private H. DELANDE of 8th (S) Bn. Seaforth
Highlanders having been tried by F.G.C.M. and sentenced to
death by shooting, the sentence will be carried out between
5.30 a.m. and 6.30 a.m. at ST. NICOLAS on 9th March, 1918.

WHLAllgood
Brig. General,
8th March, 1918. Commanding 15th Division.

Sentence duly carried out at ST. NICOLAS
at 6 a.m. on 9th March 1918.
PLHolland Capt.
APM
9/3/18 15th Division

Reid,James,7674,L/Cpl.,6th.bn.Q.O.C.H.,executed for Desertion x 2/Escape, 11/05/1918.
b.1891-92,m.11 Holyrood Sq.,Edinburgh.WO 71/642,D1918 116/AF 238(27)
Soldier's Will,m.10 Holyrood Sq.,Holyrood Rd.,Edinburgh & Sweetheart,Maggie Johnston,
23 Fruin St.,Inverness,signed 23/04/1917.
1911 Census 092/A1 002,p.005 Foyers Hotel,Foyers Rd.,Boleskin & Abertaff.
Johnston,Maggie,serv.,24 yrs.,.S.,barmaid,b.Inverness-s.Ardisier.
Johnston,Margaret,B1886 091 34,parents M.Ardersier,26/10/1873.
b.Campbelltown,Ardersier,f.Donald(fisherman),m.Janet MS Davidson.
buried Duisans British Cemetery,Etrun,Pas-de-calais,France.gr.ref.V.G.46.

Richmond,Malcolm Finlayson,285031,Pte.,1/6th.bn.G.H.,executed for Desertion, 26/05/1918.
b.19/05/1896 at 76 Mansion St.,Maryhill,f.Isaac(iron moulder,journeyman),m.Agnes nee Milroy,
married at Milton District of Glasgow,21st February,1890.WO 71/643,D1918 118/AF 363(24)
buried Ecoivres Military Cemetery,Mont-St.Eloi,Pas-de-Calais,France.gr.ref.V.L.8.

Sims or Simmes,Robert W.,20808,Pte.,2nd.bn.R Scots,executed for Desertion x 2,19/05/1918.
deserted at Beaulencourt,S.E.of Bapaume,executed 4.18.a.m.at Chocques,W.of Bethune.
b.1892-93,WO 71/645
buried Chocques Military Cemetery,Pas-de-Calais,France.gr.ref.III.A.19.
Gibson,David,38332,Pte.,"C"Coy.12th.bn.R Scots,executed for Desertion x 2, 24/09/1918.
b.08/09/1891 at 60 Franklin St.,Bridgeton,f.John(coal miner),m.Jeanie nee Simpson,married
30th August,1878 at Bridgeton,w.Agnes nee McFarlane,married 31st December,1915 at 66
Brook St.,Bridgeton.WO 71/668,D1918 125/AF 504(27)
Wills,w.Mrs.Agnes Gibson,338.5 Gallowgate,Glasgow,signed 09/09/1917.
buried Mendinghem Military Cemetery,Poperinge,W.Vlaanderen,Belgium.gr.ref.X.E.19.

Elford,Lawrence D.,21654,Pte.,7/8th.bn.KOSB.,executed for Desertion, 11/10/1918.
b.1890-91,w.Amy Jones,7 North's Yard,Northgate,Hudderfield.
WO 71/671,D1918 121/AF 255(27)
buried Noeux-les-Mines communal Cemetery Extension,Pas-de-Calais,France.gr.ref.V.A.19.
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