3rd AUSTRALIAN TUNNELLING COMPANY DISTRICT COURT MARTIAL
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1 held 18th October 1918 at Braquemont CHARGE SHEET The accused:- 3rd AUSTRALIAN TUNNELLING COMPANY DISTRICT COURT MARTIAL No EDMONDS F.W. No THOMAS R.G. DCM 7381 HARVEY G TERRELL S.J HANCOCK E.R BROWNHILL F.H BELL W.H ULPH R.W SANDERCOTT W BUCK O MARTIN J McLEAN T.D. No MOORE A.W. soldiers of His Majesty s Australian Imperial Forces are charged with:- WHEN ON ACTIVE SERVICE Sec. 7 (3) AA. Joining in a mutiny in Forces belonging to His Majesty s Australia Imperial Forces in that they in the Field on the 25th Sept joined in a mutiny by combining among themselves to disobey the orders of their superior officers in the execution of their duty. 2nd CHARGE (Alternative) The above named accused No. (1151 SANDERCOTT W.) Is charged with:- WHEN ON ACTIVE SERVICE Sec. 9. (2) AA. Disobeying a lawful command given by his superior officer in that he In the field on 25th Sept when ordered by Captain R.Y. LANGDON to march off to duty did not do so (sgd) Alex SANDERSON Major 25/10/18 C.O., 3rd Australian Tunnelling Company To be tried by a Field General Court Martial Sgd O.C DuPort Lieut-Colonel. R.A. Commanding Heavy Artillery, 1 Corps So reads the charge sheet of a group of our tunnellers Court Martialled in the latter stages of the war. The following pages from the Court Martial file are re-typed with some changes to the layout for ease of reading. Directions to the original documents (including those pages not presented here) are at the end of this presentation: Case of No EDMONDS F.W. No THOMAS R.G. DCM 7381 HARVEY G TERRELL S.J HANCOCK E.R BROWNHILL F.H.
2 7498 BELL W.H ULPH R.W SANDERCOTT W BUCK O MARTIN J McLEAN T.D MOORE A.W. All of the 3rd Aust. Tunnelling Coy. Prosecuter. Lieut J.B. SHAW 3rd Aust. Tunn Coy Accused s friend Lieut P. H. Waugh 9th Durham Light Infantry a qualified solicitor appears as accused s friend. PROSECUTION First Witness No W.O. L. ROGERS 3rd Aust. Tunn Coy sworn On Sept 25th 1918, at about I ordered Sergt McNamara to parade the accused for transport to the trenches. When they were paraded, I took charge of them and marched them to a lorry for transport. I ordered them to get into the lorry, they did so, but got out again without orders. I again ordered them to get into the lorry, they did not do so. I then handed them over to Sergt McNamara to be returned to their billets. I ordered them back to the lorry, no one moved, they all got into the lorry on the first occasion. (?cross examined) My exact words were The first file, get into that lorry, then the same orders to every file afterwards. On the second occasion my exact words were fall in and get back into the lorry. They complained to me before I gave the order about not having their pay books. I know there is an impression among the company that men are entitled to their pay books before proceeding up the line. I didn t answer when they asked for their pay books. I have been with the company since March 7th. I have been told that there is an order that men are not to proceed up the line without pay books. I knew of the impression the men were under before the case came on. I never heard of the existence of the order before Sept 26th. Second Witness Capt. R. Y. LANGDON 3rd Aust. Tunn Coy Sworn On Sept 25th 1918, I ordered the accused to parade at (?1H.06). I told them on this parade that they were to be marched to the trenches. I gave the order Attention and then Right turn these orders were obeyed. I then ordered at ease quick march they did not move, not a single man moved. I placed them under arrest and handed them to Sergt McNamara. It certainly looked from their manner that it was a prearranged thing to disobey my order. I have been with the company since April I don t remember having seen in company orders an order that men are not to go to the trenches without pay books. No direct complaint came to me about the men going up the line without pay books. Witness adds in chief Before the 1245 parade I had warned the accused that the consequences would be serious for them if they refused to go to the trenches. xxn (?cross examination continued) On this earlier parade I said I am not going to talk to you about pay books. I knew there was trouble about pay books.
3 I had only heard of one case of a man asking for his pay book before going up. He was not of British birth and spoke broken English. I understand he got his pay book. I have never looked through the orders and wouldn t swear there was not one about men having pay books. I think it very desirable the men should have their pay books. Third Witness Not. Prosecutor sworn:- I have searched through the files of the company orders since the company was formed. I can find no order or notice to the effect that men must have their pay books when they go up the line. I couldn t swear that the file is complete but I think so. Accused s friend calls for the file of the company orders. Not produced. Prosecutor states it could be obtained in 3 or 4 hours. DEFENCE First Witness No Sgt J. W. GOODWIN 3rd Aust. Tunn Coy sworn I have been with the company since Oct I recollect an order to the effect that men must get their pay books before they go to the line. This was at least a year ago. It was on the company notice board. It was part of company orders from what I recollect. I know an impression exists that men are entitled to their pay book before going up. I am a section Sergt. I should expect to get my mens pay books before I went up the line. I think the order was about 12 months ago, it may have been 18 months ago. Second Witness for defence No Sgt W. MACNAMARA 3rd Aust. Tunn Coy sworn I have been with the company since Sept I recollect having seen an order that men were not to proceed to the line without pay books. This was about Nov It was in company orders. I saw it on the board. I can t recollect seeing the signature. Not Third Witness for defence No. 971 F. B. CARVER 3rd Aust. Tunn Coy sworn I have been with the company since its formation. I have seen a notice on the board at the foot of routine orders to the effect that men must not go to the trenches without pay books. This was in March or April It was signed by the adjutant. I am certain of this. Not Accused s friend submits that the orders given by Capt Langdon and Mr. Rogers were not lawful orders, being contrary to written company orders. He also asks for an adjournment to obtain the company s file of orders. The Court decides to proceed.
4 None of the accused are called as witnesses. After finding Prosecution sworn. I produce certified true copies of A.F. B122 relating to accused. Original documents can be viewed at : in the Keywords field type 3rd tunnelling court martial 18 October 1918 and leave on All Words Four more members of the unit:- No FULLARTON L. V. No CARLSSON E JOHNSON T.W PAPCHUCK D. were also court martialled for the same offence, their trial occurring on the 17th of October, Details of this Court Martial can be viewed at : in the Keywords field type 2379 Fullarton and leave on All Words Discussion So who were these men who refused to go up the line without their pay books. Frederick Williams EDMONDS, aged 27, a single miner of Kalgoorlie, WA, had been in France 22 months. Richard Thomas THOMAS DCM, aged 26, a single miner of Kalgoorlie, WA, had been in France 22 months. He had been gassed at least four times between Jun 1917 and November Recommendation for Distinguished Conduct Medal Exceptional fearlessness and devotion to duty between the 5th and 13th July, 1917, at LIEVIN and the BOIS DE RIAUMONT. The heaviest enemy fire did not deter him from going forward to attend wounded or gassed men and giving assistance and alleviating suffering. His courage has been exceptional and his energy untiring. Brigadier General Chief Engineer I Corps George HARVEY, aged 37, a single miner of Kalgoorlie, WA, had been in France less than a year. Samuel John TERRELL, aged 27, a single miner of Boulder, WA, had been in France 22 months. Edwin Robinson HANCOCK, aged 30, a married miner of eyton, Tas, had been in France 22 months. Gassed in March 1918, a British subject born in Devon, England. Frank Herbert BROWNHILL, aged 37, a single stenographer of Sydney, NSW, had been in France little more than one year. William Henry BELL, aged 26, a single labourer of Charters Towers, Qld, had been in France less than a year. Robert Walter ULPH, aged 28, a single fitters assistant of Redfern, NSW, had been in France 2 years 4 months. William SANDERCOTT, aged 28, a single miner of Kalgoorlie, WA, had been in France 2 years 4 months and was gassed in March Orpheus BUCK, aged 31, a married miner of Boulder, WA, had been in France 22 months. James MARTIN, aged 23, a single miner of Kalgoorlie, WA, had been in France 2 years 4 months.
5 Thomas Duncan McLEAN, aged 29, a married miner of Boulder, WA, had been in France 22 months. year. Arthur William MOORE, aged 44, a widowed miner of Adelaide, SA, had been in France less than a Louis Vincent FULLARTON, aged 28, a single miner of Mt Leonara, WA, had been in France 2 years 4 months and was gassed in Nov Stated to be of good character and a hard worker, as said of the other three tried on the 17th, he had taken the occasional (actually four occasions) opportunity to absent himself without leave and had suffered some loss of pay and field punishment as a result of these absences. Erick Arvid CARLSSON, aged 25, a single labourer of Jericho, Qld, had been in France 22 months. A Swedish subject, born in Gottenberg where his NOK lived. Thomas William JOHNSON, aged 35, a married miner of Northcote, Vic, had been in France 2 years. Denis PAPCHUCK, aged 27, a single farmer of Geraldton, WA, and a Russian subject, had been in France 2 years and five months and had been gassed. It appears most of the men were first court martialled on 13th October 1918, receiving sentences from 9 to 12 months IHL. These sentences were not confirmed. In evidence at these proceedings, Johnson stated that he had been challenged in the trenches and had trouble convincing the sentry he was Australian because he did not have his paybook. Sgt MacNamara, witness for the prosecution, stated that he had seen it in orders, he thought in November 1916, that men are to have their paybooks before going to the trenches At the second court martial sentences imposed were from 12 months to 2 years IHL. These sentences were confirmed on 18th November 1918 and promulgated on 21st November, but were suspended on 3rd November 1918 (before they were confirmed) by the General Commanding Fifth Army, obviously to allow the men to return to the front line. The sentences were to be reviewed on 3rd February After a couple of reviews of the suspension, the last set for 3rd August 1919, all sentences were remitted on 20th Jun 1919 by the General Officer Commanding A.I.F., and the 20 days pay forfeited while under sentence was to be refunded. By this time all but two of the men had returned to Australia. Note: IHL is thought to stand for: Imprisonment with Hard Labour
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