TRIAL OF CRAMPTON

Dominion, Volume 12, Issue 121, 15 February 1919, Page 10

TRIAL OF CRAMPTON

COURT-MARTIAL CONTINUES EVIDENCE OF PRISONERS ALLEGATIONS OF ILL-TREATMENr ■ , i By Tolegraph—Press Association Wanganui, February 14. The Crampton court-martial was advanced a further 6tage to-day. • AVhen tho Court resumed, the Judge Advocate, Captain Baldwin, summed up on the law in respect to the use of force. He said that Wilson was ordered to do pack drill by his commanding officer. He refused to obey. He was then on tho orders and under tho supervision of the accused compelled by force to carry out the order. The force used caused him no serious inconvenience. There was clear authority that the law permitted force to be used for the maintenance of military discipline. It was clear that for tho maintenance of discipline it must be in tfye power of an officer to compel obedience, and, subject |to certain considerations, to which he would refer, to compel obedience by force. The Court retired to consider its decision, which was not announced.

William Bertram Donovan, who served twenty-eight days' detention at the barracks, said that on his arrival the accused asked if he was willing to carry a rifle and wear a -uniform. Witness replied: "No." Accused asked why. Witness said that he objected to military service. Accused 6aid: "I don't recognise military objectors h<jre." Accused then added:' '"fake him to tho slaughter yard." This was addressed to Smith. A pack was put on witness. He did not march, but stood there. Corporal Jenkins then put a rope round witness's neck, and started to pull him round tho yard.' On several occasions Smith and Parmenter pushed behind. When he was lying on the ground buckets of water were dashed into his face. This lasted •for about three-quarters of an hour. When the last lot was thrown witness said he was done, and was willing to march. Crampton said: "You have just lasted three-quarters of ail hour, which is 'five minutes less than, the man who lasted longest. Witness was again told, 'to march, and 'he did. While witness was marching along Guard Williams waß kicking him from behind, and Parmenter on several occasions punched him on tho back of the neok. Smith also pulled witness b,y the hair and nose. Accused hit witness under tho chin, and told him to hold his head up. Accused also hit him on the head, and told him to swing his arms. His hand was all swollen across the knuckles, and he was also cut .under the chin. Lance-Corporal Faulkner on sevoral occasions bashed witness into the wall. A few minutes before halting Guard BvrnD also bashed witness into the wall. He was then taken to the bathroom. All his clothes were ivet, and. Byrne lent him a singlet. Witness went before a doctor that night, but did not tell him anything. To Mr. Armstrong: He did not remember accused asking him to stand properly. Tho rifle was tied on before the rope was put round his neck. Witness did not resist, but just let them pull. Ho was a passive resister right through. He made.up. his mind that 'he would not Obey any military commands, or be a soldier. He thought no man could make him do it if he did not want. to. He never attempted to striko any of Ihe guards. He did not deliberately get on the ground, but was pulled down by tho rope. Re was pulled all over the place. His weight'was about list, when ho went into the -barracks. Just before the water wa3 first thrown on him witness was dragged by tho guanPs across the yard to a tap. Accused hit "witness under the chin with a cane, and hard enough to break the skin and make it bleed,; The mark was there for over'a week. _ Before being brought to AVanganui witness was arrested by tho civil police at Taumarunui.

.•Mr. Armstrong read a cross-head in the Taumanmiii newspaper with headings: "Midnight Struggle," "Alleged Deserter Captured," and''which stated that the witness was captured by Constable Ciarvey after an exciting scuffle. Witness gav.e a denial to the newspaper report. He added that at present he was serving a term, of a vear and eleven months' imprisonment for failing to take his kit at Peatherston Camp, Witness was a conscientious objector and a Roman Catholic. He did not'know whether or not his clurcli objected to fighting as a principle. In reply to further' questions he said an ordinary clothes line was put round his neck, and a loop ivus slipped over, his head. That night his neck was swollen and slift. A doctor should have noticed any bruises or marks.

To the Court: When dragged over to the tap the rjlle was dragged alongside Inm. Hi# hand or wrist was not lacerated. Tlie rifle did rot come into contact with 'his chin at any time. The cut on his chin was the itsult of his being tapped with a cane. The yard was paveel with concrete.

Private Tho inns Moynalian,' a member of the Medical Corps, said that lie 'was at tho detention barracks during May, 1918. Ho saw Donovan on 'his r.rrival at the barracks in charge of Smith. Witness was l working in tho garden, and was ordered into his vol!. On his way there lie saw Donovan in the slaughter yard with a rone round his neck. Witness could see nothing from his cell, but he heard scuftlii)~, swearing, cursing, bumping against, the wall, groans, and the sound of dragging. He afterwards saw Donovan at tho bathroom. To the Court: cell was probably sixteen feet away from the yard. He did not know Donovan prior to seems? him in the yard. Tho president: Do you know the reason why you were ordered to the cells on tho arrival of Donovan? Witne?«: NoCounsel for accused refrained from askin? witness any questions. Eugeno Hurlihy SL'id lie was in the barracks for tl.ree months. He occupied . the cell next to. Donovan's. One evening witness noticed 0110 of Donovan s hands very much puffed. To Mr. Loughnan: Witness was arrested at Wellington, aild about a month later was sent to Wanganui. To the Court: He did not see any marks on Donovan. Tho light was pretty bad. 011 resuming this afternoon (lie JTUi"oAdvocate alleged that there had ij'een communications between witnesses and outsiders. If so, it was highly improper a certain man had been named, and the Judge-Advocato asked that lie should be warned. The man was brought before the. Court and warned.

Donald Kerr Porter said that lie remembered .Donovan arriving at the barracks. AVitness siw Donovan wilh a rope round his neck, and Smith, Parmnnter, Jenkins, and Crampton ill-treating liiin. Donovan was driven round the yard, punched, and kicked while lie was oii the ground. Crampton' used his stickon Donovan's head while the latter was on the ground. It was Jenkins who dragged Donovan- along with a ropo round lii 9 neck. Witness thought Donovan was dead and expected to hear so next morning. In reply to f'.irtliof questions, witness said that the accused said: "Come on, get up,", and he hitgDonovau oil the head'. Donovan could not get up, Mr. Loughnai:: Yo.u thought lie wai in danger of death? What was going to kill him ? | Witness: The way he was ill-treated. Do you refer to the Wows on Hie lierß ivliile he .was lying on the ground?—"! refer to the putting of the vope round his neck." What effect would that have .'—"lt might have jiulled his head off." You have given evidence twice before? ■-"Yes." Do you know that there is such a crinie as perjury?—" Yes." On two occasion? you put your oath against the oaths of Wilson and accused?—" Yes." Now, lam going-to read some evidence to you, and I warn you of the consequences. Donovan says that he was not hit while ho was on the ground. After hearing the evidence read said he wanted to withdraw what lie said about Crampton hitting Donovan while he was 011 the groiMid. " Mr. Loughnau: You withdraw that ab. solutely ? Witness; Yes.

Tho witness said that he had no wish to give evidence.

Mr. Loughnan: Am 1 entitled to a.ssumo that your statement was false?—" No."

Why did you withdraw it? Aro you going to reaffirm it?—" No." AVcll, was your statement true or false? Answer that question.—"lt is true." You reaffirm it?—"No, but I withdraw it." Accused said that after Donovan had been twenty minutes in tho yard he said he was too'tired to go further. Accused said that lie would havo to complete an hour. Witness admitted ho put his hand under Donovan's chin to make him hold his head up, but lie denied that he struck him. He had beon warned that Donovan was a dangerous man. He had a slight scratch on 'his cheek, which witness attributed to. careless handling of the rifle. AVitness pointed out tho scratch to a doctor.

To tho Court: They had to strap the rifle on Donovan, who tried to bite the guard. He also tried to bring the rifle down on the man behind him.

John M. Jenkins, who was a corporal at tho barracks, said that the only time tho accused touched Donovan was to correct the position of tho rifle. AVitness did not see any bruise or marks on Donovan. ' He had a swollen hand, but that was before drilling in the yard. ' Dr. J. AV. Anderson, .medical officer attached to tho detention barracks, said that, lie examined Donovan nnd saw a small scratch on the side of his face. It might have been caused by the back sight of a. rifle. It could not have been caused by a blow from a cane. Thero appeared to be no maiks on Donovan s neck. AVitness did not see anything wrong with him. The fourth witness for tho defence was Thomas AVilliam Smith, whoso evidence wos taken at the hospital. He 6aid.that ho was a sergeant at the Wanganui Detention Barracks, and was now discharged. He remembered Donovan and the part of his case dealing with the alleged striking by Lieutenant Crampton. He remembered that after he had water poured on him Donovan consented to drill. On the day that he was trying to persuade Donovan to carry on properly after he had water thrown on his face for the third time Donovan got up and eaid he would carry on and do as he was told, and he started to march around the yard. H© was not marching smartly enough or in the regulation way. Lieutenant Crampton was marching beside him and giving the step somo part of the time, and other times he stood in the centre of the yard. Crampton showed Donovan how to hold his riflo in tho correct position., to swing his arms, to square his shouldets, and how to hold his head up: Except for tho incidont of putting his -under Donovan s chin and showing him things, witness did not see Crampton put his hands on Donovan. The Court at this stage adjourned.