SHOT AT DAWN

Levin Daily Chronicle, 2 July 1918, Page 1

SHOT AT DAWN

THE DEATH PENALTY MUST BE REVIEWED. In the whole of the terrible annals of the war —and tWy make a history that is' almost unbelievable—nothing is more pitiable or more distressing than the story of a young soldier who met his death, not oil the strenuous field of battle, but with his back to the wall, in-jtlie cold grey gloom of a disgraceful dawn. The story is told at some length in the columns of "John Bull" (LOll-, don), but space precludes more than a resume of its salient features. The victim of this implacable vengeance of the stern "law of military necessity" was a young fellow, 21 years of age, and tho scion of a long lino of fighting men. His inclinations ran to the sea, and he joined the Eoyal Naval Volunteer Reserve, in which he participated in that wonderful light at. Beau-, mont Ilamel. But the exigencies of the service demanded his transfer to the jftad forces. He was not, so tho story runs, a j/Opuli' r ollicer, nor was ho a particularly efficient ipe. His commanding officer was not + o those deficiencies, so that when his bau»rion was sent to the front he was left behind. But the heavy toll of a bloody war no thinned the stuff of officers that it was found necessary to send him to tlie front, in company with a brother officer, to help to till tlie gaps caused by tho daily lengthening list of casualties. Tho two were given a map and told to find their battalion at a place marked thereon; and here the young fellow's story is best taken up by a letter writer to a chum, he says:

"We went up to the line, and took over the right secto? for four days. Then we were relieved, and returned to our old billots, and my. company, with others, during that night took up our position, and things went faily well till late in the morning, when I was detailed to go up and replace casualties—you were in that scrap,' so there is no need to explain how many. I eiossed 'No Man's Land' later in the afternoon, but coul/1 not find a man belonging to my unit. • My companion wont off with a crowd we met, but, as I still held hopes of finding the company, I rambled about, and lost touch with everybody, and my nerves, hot being strong, were completely strung up. I met another officer, who says that lie ordered nvc to join up with tho party; but this I did not do, but wandered about, still looking for my own unit. In the meantime,

this gentleman went back, and sent a startling message of sorts to 8.H.Q., with tho result that they are trying to kick me out of it; but up to now (December 3) the evidence given is not strong enough to cause a 'sitting.' And that is what happened to me in the big first advance —luck, isn't it'? It makes me sick to think of it, nnd they have now kept me a month hanging on. I am hoping for the news any day now, and if there is nothing in it 1 do not see why I should worry my people by telling the in." Whether this is a true and circumstantial account of what actually hap-

pened it is impossible to say; but anyway, the proceedings culminated in a court-martial, where the youth was charged with "desertion 111 the face of the enemy," in thai lie failed to join his battalion in the lines when ordered to do so, and, further, with conduct; prejudicial to good order and military discipline." His arrest, trial, and .death followed. The evidence taken at the court-martial is not publicly available, but the narrator of this story states emphatically that the principal witness for the prosecution stated that he met this young ollicer, and ordered him to take some stragglers to the front trench, and that he refused, say-

ing that lie would return to Brigade Headquarters for orders, whilst his brother ollicer, who had .started t with him,, obeyed the order, and took over the stragglers. And here, again, comes his own account of the incident, as written in a letter to a friend:

"I hear that you are worrying about me more than is necessary. I will explain my present situation so as to relieve your'mind. I was 'surplus,' and was sent off-at five minutes' notice. I went up with another ollicer of my battalion, who was senior by one ring. 'We reported ourselves at Brigade Headquarters, as instructed by our licuten•ant in command. At that time they had lost touch with the battalion, so we waited for an hour or so in their dugout awaiting orders, which we got —at least the other man got them —and then, after a lijt of trouble. I got them to tell me what they were, aild we both proceeded towards Boche overland. There was considerable hostile artillery.

gas shells and tear shells falling all round us', and snipers were all over the place; we had very narrow shaves more than once. We could not find our unit, and rambled about. AYlien it was dark we met a body of men with' an officer in charge; thev were wanted by Colonel Freyburg, V.C. There was much confusion and disorder going on, and my nerves became strung to the highest extreme. I found that my companion had gone off somewhere with some men. The officer who was loading the party we met was my 'one and only enemy,' so we were not polite to each other, and as lie is junior to me I practically ignored him , except; to tell him that I was going back to 8.1i.Q., which I left an hour or two before in daylight; but finding was not [ as easy h, matter as I thought,-with the result that I .got lost time. I Ahii^d-an n.e.O'. ~o'f -ttie A company. AVc- rambled ybout till lie fell for want'of sleep,;but I ? managed to get him along. Later on my voice was recognised by some more men of the old R Company who were lost; they attached themselves to me, saying that they were also looking for 8.1i.Q. 8.H.Q., however, was not to bo found that night, lly nerves were completely gone, and my head was singing. About, then we came across a funk hole, and there we stayed. However, iny 'enemy had gone back behind his supports.and sent a starLling message to 8.1i.Q. concerning me. I have been under close .arrest ever since November 14. "On "November 8 T put in an application to the officer commanding, telling him my reasons for wanting to return to sen on account, of my nerves'not being able to stand the strain." He told me that he was just tKe same as I, so I let it slide at that, as I did not want everyone to say that I was trying to 'swing the lead.' as others had done." Followed the court martial. On Boxing Day the boy was summoned to appear on trial for his life, after the lapse of a period, of sK vveekr, since his arrest. During that time no opportunity had been given Lira to prepare a' defence or offer an explanation, and it was only literally at the eleventh hour that, in accordance .with court. martial procedure;, lie was allotted the "Soldier's Friend"; in other words, an officer whose duty it was to act as de-

leu ding solicitor for the -accused. CounseKdid Hot see the prisoner till half an hour before Hie trial opened, and the Court wote composed of officers, from a brigadier-general downwards, all superior in rank to the sulj-Jieulenant uhosc fate rested in their hands. The military law reads: "In trials, before court martial the members of the Court both luid the facts and lay down the law, and thus perform the functions of both judge ayd jury. It therefore becomes their-duly, when applying their minds to questions of fact in tlie capacity of jurymen, to consider themselves bound by the rules which, in the [ case of an ordinary trial by jury, are, laid down by the judge." j n this caso the principal witness was an officer whom the accused himself described as his "one and only enemy," so what opportunity had the defending officer of eliciting, evidence as to credibility and antecedents when he was pitchforked into the trial at the last moment'? The young fellow was tried and fyund guilty, with a strong recommendation ! to mercy on the ground that he was youthful, that it was dark when he lost his way while seeking for Headquarters, that there was great disorder, and that hundreds of men were, retiring at the time. The lad knew of the "sen- , tence, and he knew of the rccommen-. dation to mercy, and he confidently anticipated that his* punishment 'would end with the loss of 'his" commission. His awakening was sudden,-for while sitting in his prison quarters'*with his brother ofjiccrs another otHcer entered, and, opening a largo blue envelope, read out the warrant commanding that he was to be shot at dawn. Twelve hours moje of life, and just time to pen this pitiable farewell to his anguished mother:—

FKANGI*;, January 4. 3L)17. Dearest Mother Mine,—l hope by now that you will have had the news.

j Dearest, lam leaving you now, be- • cause He has willed it. You know all, and you will have forgiven me all thi' past as a child. My sorrow tonight is for the trouble I have caused you aiyl dad. l'leasc excuse any mistakes, but if it were not for the kind support of the Eev. W C— : —, who is with me to-night, 1 should not bo able -to write myself. I should like, you to ■write to him, as lie has been my friend. I am leaving all my effects to you, dearest; will you give my little halt" the sum you have of mine. Give dear dad my love., and .wish him luck. I feci for you so much, and I am sorry for bringing dishonour upon you all. Give my love. f-ihe will, I expect, understand , and give her back the presents— "kotos, cards, etc. —she has sent me. po»i *i-l. Now. «:russet mother, I must close; may Uod bless .._" i protect you now and for ever more. Acxsj! Here is the covering note the good padre wrote to the sorro.riiijrmother:—• I enclose your boy's last letter to his mother. I want you to understand that he wrote it entirely l>y himself , his mind being as clear and as thoughtful as anyone could wish;mit. a tremor or moment of fear. When his end had been carried out (by older of the G.C.M*) I accompanied his body in an ambulance ear several miles away to a beautiful little cemetery, near a small town, quite close to the sea, ami here we buried him with the Church of Muglaud service. A. cross will soon be erected over his grave. Leave it to me, and T. will sec that it is done before our hurried departure to another part of I'Vrunce. And then comes the climax. J.[e was no coward. He faced death fearlessly, but the cords cut him, and he protested. The firing party. lay-half-hidden in a trench, and dwelt on their dreadful work until he cried: "For Clod's sake, put me out of my misery—this suspense is killing me. And as the rifles clicked, lie added: "Well, boys, goodbye! For God's sake, shoot straight."