CRAMPTON CASE

Dominion, Volume 12, Issue 123, 18 February 1919, Page 6

CRAMPTON CASE

AN UNWILLING WITNESS LIEUTENANT CRAMPTON GIVES EVIDENCE DONOVAN AND THE BUCKET OF WATER By Telegraph-Press Association Wanganui, February 17. When the court-martial was iresunied to-day accused was further charged with permitting unnecessary force to be used ■to compel Private Donovan to carry out an order. Private Alisier Beatton, who was undergoing. 28 days' detention, said he heaa-d scuffling in tae yard and a loud groan while on his way to the bathroom from his cell. He looked into the yard and saw Donovan on the ground in a limp condition. The morning after witness saw ■ red marks on Donovan's neck and scratches on both side? of his face. ■ To Mr. Loughnan: The scratches on Donovan's face were in the nature of gravel scratch. If there was a bad light the doctor might not have noticed it. To the Court: Witness was a conscientious objector. At thjs Stage the prosecutor applied for leave to put in as evidence the deposition of Private Joseph M'Conville before Mr. J. G. L. Hewitt, S.M., af the magisterial inquiry, witness now being Overseas. Counsel for the accused objected and the Court ruled that the evidence wasnot admissable, Donald Kerr Porter, who was quartermaster at the barracks, said a pack was put on Donovan. That was all he wished to say. , ( Captain Hudson: Is that all you can remember? . Witness: No, it is hot all I remember, but I am being put in an awkward position'. The President: Just answer the questions, and tell the truth. Witness: My word is doubted. Captain Hudson: We have not doubted your word. All you have to do is truthfullv to answer questions. Witness: I am not being allowed to speak.the truth, and it is no use me trying to speak at all. Can I ask if I am compelled to give evidence? I don't want anything-more to do with-this courtmartial. ■

The Judge-Advocate: You are here to speak the whole truth, and you- will be obliged to tell the Court what you saw. A Little Coaxing, , ,

After more coaxing, the witness said he saw Donovan being ill-treated, and he was thrown on the ground and bumped against the wall. Witness thought Donovan was dead. Addressing the, Court, witness said: "Can I ask if Donovan was unconscious af the time? , '

The President: It has nothing to do with you. Don't argue the case. The Judge-Advocate: Is he suggesting that Donovan was unconscious when alleged to'have been struck by the stick? Witness: What I did see was the accused telling Donovan to get up and Jenkins pulling on the rope round Donovan's neck and dragging him along a few yards. I then left, and I expected -to hear nest day that Donovan'was dead. • Mr. Loughnan: You were on bad terms with Lieutenant Crampton before you left Wangnnui? Witness: Yes. . j. What was your grievance? Witness; I did not think him fair. In what way? ' • . Witness: He expected me to do 'in 'three months what another man could not do in six months. . . You remember giving evidence before 'the . Magistrate ..in". Wellington? Witness: Yes. . ' Do you remember a conversation with; Sergeant Smith before giving evidence? Witness; No. I had nothing to do with him in Wellington. Then it would be untrue if Smith says that on Chat-occasion you said to him, "Now .1 will have my revenge on Crampton, the "? Now he eays that he is a perverter of the truth. Have you told' tho tnith about what you saw in the yard? ■ . . Witness: Yes, but not the whole of the truth. (Laughter.) • : Mr. Loughnan: That is all I have to ask. I have done with you. . v ; Benjamin Winch, a member of the Military - Police at. the. barracks, said that he saw I'itzpatrick doing pack: drill, but not Donovan. Mr. Loughnan: What has it to do with tli3 case? I object to the evidence. Captain Hudson: Do you remember Donovan?

Witness: Y r es, I remember him being brought into tho barracks. Do you remember anything else in connection with him?, ■ '

Witness: I know that be was kicked about. , Mr. Loughnan: I object to that, and to •tho manner- of examination of the' witness, as it is an improper proceeding. He is put'in the box when the prosecution knows he can give no.evidence about Donovan except hearsay. . . The Judge-Advocate: There is one statement.

Mr, Loughnah: It is not in any abstract. The Judge-Advocate: Let me draw your attention to it, then. Captain Hudson (to. witness): Do you know anything about Donovan? Witness: I don't know how far I have to go.. (Laughter.) Can yoip recall any episode? Witness: I saw nothing in reference to Donovan that' I can think of.

, Mr. Loughnaii: You have heard a lot? Witness: Yes, just now. (Laughter.) Did you say to the Magistrate: "I saw Donovan the day he was dealt with, and he did not have anything to show for it"? -■■■•'. Witness: \ could not swear-that I did. Dr. J. W. Anderson said he examined Donovan by gaslight. He could not have overlooked on the neck any signs of discoloration or chafing. There would also havo been evidence of shock. A bucket of cold'water thrown over a man would have a tendency to revive him.

Donovan's Record. The- accused gave evidence that he had /been advised by the civil police that Donovan was ti dangerous character; that for two years he had done no work, and that charges of sly grog-selling were pending against him nt Tauinarunui. Witness warned the staff to be careful with Donovan. AVhen the latter came to the barracks he adopted an attitude _of defiance, and witness charged him with insolence and refusing to obey orders, and ordered him to be dressed in den'iniM. He resisted before leaving the orderly room, and witness added a charge of violence to members of the staff. Donovan was sentenced to two hours' pack drill, and witness ordered him to be deprived of his mattress. A rifle was handcuffed to Donovan's vrist, as witness wanted to make sure that lie could not u*e it on the staff. Donovan offered a. violent resistance, and told witness to do his damndest. A rope was put round Donovan, passing ever the rifle on one shoulder and beneath the other shoulder. AVhen Donovan got down, witness threatened to put a bucket of water over him if 'ho did not get up, and finally ordered him to lie-brought over to the. tap. Here water out of a bucket was poured in his face, and Donovan exclaimed: "I'll get ■up." Witness replied: "That is exactly what I want you to do, Donovan." In all, three buckets of water were poured over Donovan. After that he "carried on," and became one of the most humble men in the barracks. \ ■ To Mr. Loughnnn: Witness did not see Donovan kicked. If the'rope had been put on in the manner alleged, Donovan could have got out of it by bending Sis head. It whs false to ray that he struck Donovan with his cane.

To Captain Hudson: Witness would only use force necessary to overcome resistance, [f lie had ullowed a man to beat him it would have meant the end of his career at the burraclis. There was no difference in the treatment of a dangerous character, but witness would be more on his guard.

To the ■Judge-Advuentci Ho had no experience abroad of detention barracks. Arthur George Faulkner, military policeman at the barracks, said that Donovan refused to pack drill, and witness helped to pull him along. To Captain Hudson: Water was thrown into Donovan'a face. It was untrue that he was pulled round by the hair or nose.

Donovan tried v tq bite Sergeant Smith, and on that occasion Smith caught Donovan by the nose and pushed his head up. Smith at times was jammed against the wall. • . ■ The Court at this stage adjourned.