MILITARY OBJECTORS

Dominion, Volume 12, Issue 61, 6 December 1918, Page 6

MILITARY OBJECTORS

ILL-TREATMENT AT WANGANUI

MEN'S STATEMENTS UPHELD

RESULT OF MAGISTERIAL

INQUIRY

A. lull report upon the allegations of ill-treatment of prisoners in the "Wanganui detention barracks was tabled in the House.of Representatives by the Minister of Defence yesterday. Tha Commissioner, Mr. J. G. L. Hewitt, S.M., expressed the opinion that tho statements of the prisoners wcro substantially true. The three matters into which the Commissioner was asked to inquire were: (a) To what tK;grcc, if at all, tho allegations in tho letter to the editor of "Truth" were correct, (b) If force had been used, for what purpose it had been used, (c) Whether it was lawful to use force for such purpose; and, further, the Commissioner was asked to make any such recommendations as he might think proper concerning the future conduct of the institution.

"Having regard to the subject of the inquiry," states Mr. Hewitt, "1 knew that 1 might expect to meet exaggeration on the one hand and prevarication on tha other, and I approached it with this in mind, checking the statement of ono against that of another, and examining each person with reference to the statements of others. I have been able to discover little or no exaggeration in the statements of the prisoners. So far as I have been able to check them they are fair and truthful. There are, of course, discrepancies, but I have found none trat I can with certainty put down to dishonest motive; on the other hand, I am satisfied that many of the statements mado to mo by members of the barracks staff were untrue. In the main the statements contained in the letter to "Truth" arc true, and 1 obtained evidence of several other things that are not referred to in it. There is, however, about the letter an exaggeration of style that tends to give a heightened impression as to some of the incidents narrated.

Method of Securing Submission, "Each newcomer as he came in was warned by the other prisoners of what he might expect if he showed any opposition to wearing the uniform or drilling. Guard Byrne says he hoard Jloynihan saying to another prisoner, 'It's not a bit of good for a man coming into the barracks and saying he won't carry out the rules. I know it. They made me do it, and if they can make mo do it they can make anyone do it.' Byrne then adds, "What Moynihan said was perfectly truo when we made up our minds that they must do it, we made them do it. If they had done it at the beginning thero would have been no trouble." Byrne warned Donovan of what he had to expect, and advised him to submit, giving me as his reason, 'That ho had had enough of it with Moynihan. Moynihan was a marvol of a man to stand what he did.' "Generally speaking, 'breaking in' was accomplished in this way: A weighted pack was put on the prisoner's back and a ride fastened to his side by means of handcuffs an da piece of cord, one handcuff being attached to the stock of the rifle, and tho other to the prisoner's wrist, the barrel was tied by the cord to his shoulder. If ho was wearing a uniform, instead of being tied to tho shoulder tho barerl was passed through the shoulder-strap. The prisoner was then ordered to march, and if he did not march ho was pushed from behind, and helped along by the arms round tho yard. When ho came to a corner he was pushed 60 as to- bump against the wall, often so that he would strike it with his head; at times he was punched and' thumped on the back and on the neck and his heels were trodden on. In some cases he was kicked. In Donovan's case, .• which I consider tho worst, a rope was liscd ,by which to pull him round; water 'was thrown on him while on the ground, and ho was dragged for some distance along tho floor of the yard. Beaton also was pulled round tho yard by means of a cord, and he, Jloynihan, and Donovan were caught and pulled by tho hair. Prom time to time the men would be stopped and asked if they would wear tho uniform and do the riflo drill, and if they refused or would not reply thoy were driven round the yard again until they wore worn out and exhausted, and gave in.

111-treatment Proved. "I find tho following matters proved; (1) That on tho occasion on which Wilson was forcibly dressed in his cell he was handcuffed, and while, so handcuffed was knocked asrainst the wall of his cell b\- Corooral Parmentcr so as to strike the wall with his head. (2) That Ifoynihan was forcibly dressed on three occasions on the Sunday on which ho was dealt with in the yard—he having between times torn off the uniform or part of it. That theso dressings resulted in a general melee, or, as one of the guards describes it, a "mix-up." That while theso thines were going "on MoyniIln.ll had no doubt received some knocks: -hat he had his head knelt on by one of the guards, and that he received a kick on tho chest. T am of tho opinion that the kick or knock was one of the general results of the scuffle, and was "ot intentional. (?) That Badeer and Pallesen wre dressed in uniform against their wills, but that, as they offered no resistance, thev receiver! no real roiurh treatment. M) That Badger bnd a rifle hn.mleuffotl to his wrist, and that he irns kicked and punched by Sergeant Smith while being drilled in'the stnff yard as described in his statement.

Assault on Prisoner. (5) That on the occasion spoken of in prisoner Carina's (statement, and in the circumstances and in the manner described therein, ho was kicked by Guard Williams. (G) That Fitzpntrick was illtreated in the yard by Lieut. Cranipton and Sergeant Smith. I am unable -owing, to Fitzpatrick not being avail-able-to ascertain tho full detail of this ill-treatment, but I am satisfied that as a _re.su.lt_ of what happened in the yard 1 itzpatriok was bruised on tho arm fnd bleeding at tho ear. ((.) That tnc prisoners Badger and Pallesen were spoken to by Lieutenant Lrampton on tho occasion of his taking their particulars in tho office, and by others of the staff on othor occasions in tho manner described in their statements, and (hat this treatment was in somo ways as hurtful to them as was physical ill-treatment to the other prisoners. (8.) That M'Convillo was assaulted by Lieutenant Crampton in the ynrd wliilo undergoing punishment drill. \r.'r, ' h am uuaWo to sa 5' whether M Conville was actually struck with tho rifle; but I am satisfied that Lieutenant Crampton caught M'Gonville by the throat, pushed his head against the wall, and at least threatened to strike him, and that the object of this assault was to frighten Ji'Conville into taking the uniform kit when it should bo offered to him on his arrival at Trenthain, and was not done for anything M'Convillo was doing or had done or omitted tu do in the yard. "From all the happenings it is quito clear that tl«j object of tho application of force was to compel prisoners who objected to do so to tako tho uniform and to do the rifle drill with the general purpose of breaking down opposition to military service. As to whether it,was lawful to adopt means of this kind to effect this object it is scarcely necessary for me to say. anything. If measures o'f the kind had been used in a civil prison to compel a prisoner to perform some task there is no doubt as to what would have been said of' them. Excuses of the Commandant. "It was contonded by Lieutenant Crampton that, according to the custom of the service, force similar in kind to that used by him was applied in all detention barracks, and evidence was adduced to me as to the practice in tho Abbassia and Citadel Detention Barracks at Cairo and in some punishment compounds under Imperial rule in France. , From this it appears that force more or less severe is used as punishment and to reduco refractory prisoners to submission. There was, however, no question cf objection to military sorvice with any of theso prisoners. They were Bimply enscs of defaulters, somo of,

the riff-raff of the Army. Strong measures wcnild no doubt have to be taken in such cases. But whether forco of the kind spoken of was or was not used in those plnces is beside the question. Either the regulations under which they were conducted wore different from those in force in New Zealand, or much ot what was said to have been done there was as irregular as was what was done in the' present cases. ~.,,„ "Lieutonant Crampton says that, before he took actual charge of the barracks at Wangamii knowing that he would have conscientious objectors to deal with, ho had visited the Alexandra Barracks, Wellington, for the purpose of seeing in practice the methods applied there. He savs ho found discipline in Ihoto barracks very had that conscientious objectors were under the control of a corporal and were allowed to do what they liked. He says that in answer to a question, the corporal i'fP li(,<l: 'What can T do? If 1 ask them to do something or wear an) prison clothing they refuse rhej whistle, sing, call out, and count out the military police, and do what they like. Up explained that in consequence ot what he saw Here he resolved to have a different, state of things in the barracks under his charge; and, if his description of matters at the Alexamlra Barracks is correct, it was certainly time .a change was brought about there.

Good Treatment After Submission. "The defiant objectors give him credit for being quite fair with them. He was determined that military discipline should be maintained in the. barracks, and he made this quite plain to Hiem. As scon .is one of them had given in and nwd to 'carry on' there was nothing to explain of on' the par of Lieutenant Crampton. His attitude towards this stamp of man was, 'either I beat .you or you bent, me, and I'll take rare you don't beat me.' He took a short cut towards solving the problem before him, disregarding; the .fact that prison regulations are binding on all alike,. ami that while they call for strict cornnlinuce on the part 'of the prisoners, they call with much greater force for compliance from those in .whose charge prisoners are placed and in whoso hands Hiev are to a very great extent helpless dependants. Under the initiations, what appears to mo to be ample power' of punishment is given to officers in charge. Under Rcnlntion 131 they mnv order close confinement, punishment diet, and deprivation of mattress'for any period not exceeding three days. ' "Had Lieutenant Crampton dealt Willi these prisoners throughout in accordance with this regulation he would have been within his rights, but it is very,muoh open to question whether, as a matter of principle, it is right to deal with them at all in this way. It has to lie remembered that these men were military oh-iectors-that for refusing their kit, which really means refusing to perform any military duty, they had been sentenced to detention. To again oft.er them the kit, nr part of it, or to require them to perform acts of a military nature while under detention, and to further punis them for refusal is in effect to punish them twice for the same offence. If the court-martial had power to order biead and water' or to impose other conditions as part of the. original sentence for refusing the kit, good and ™U; *t cotM, if it wished, have done so. But, if such a Court had not that power, or if it refrained from exercising it, it is not proper for the punishment awarded by the court-martial for a particular offence to be increased by other means because ot a repetition of that, offence during the period covered by the original term.

Findings of Commissioner, "It is not within my province to discuss the general question of the treatment of objectors. Ranging as they do from the shameless coward and the open rebel to the man who, whatever may be thought of the soundness of his principles, is sincere, and is prepared to sacrifice everything for them, it is ditn.cu'.t to devise a means of treatment applicable to all cases. I submit the following recommendations as to the luture conduct of the institution:(1) That the barracks be used as a nlace of detention for military offenders only, and that objectors to military service should not be sent (<>) That the personnel of the staff be "changed. So far as I can ascertain, none of the present staff pos- ■ ses«i-s any experience or particular qualification fitting him for this kind of work; some are clearly quite unnt to act as prison warders. I suggest that the new staff bo composed of specially chosen men, none under the rank of a non-commissioned omcor. (3) That, in addition to the military official visitors provided for by regulation 41. the Minister should appoint suitable persons, being civilians with duties and powers similar to those of a visiting justice of a civil prison; and that all members of tlm Prisons Board, the Inspector and Depulv-lnspector of Prisons and the Stipendiary Magistrate nf the district bo so appointed ex officio.