CRAMPTON CASE

Evening Post, Volume XCVII, Issue 38, 15 February 1919, Page 6

CRAMPTON CASE

THE COURT-MARTIAL

VERY DIFFERENT SjTORIES

ACCUSED DENIES DONOVAN'S

STATEMENT.

(BT TELCQIUPH.) (BY OUh SPECIAL BEPOftTIR.),

WANGANUI, This Day.

A good deal of the interest in the reI sumption of the Crampton court-martial yesterday was centred round what opinI ion the Judge Advocate would give in, regard to the point raised the previous evening as to whether an officer was permitted to use any degree •' of force to a soldier to compel the maintenance of discipline. In a lengthy summing up, Captain Baldwin outlined his opinion that it was clear that for the maintenance of discipline it must be in the power ot an officer to compel obedience, and, subject to certain considerations, to tjompel that obedience by force. The charge against Crampton of permitting the staff of the barracks to use unnecessary force to compel Private Harry Wilson to do pack drill at the double then concluded. THE THIRD CHARGE. . The third charge against Crampton was then proceeded with. The charge was that of striking a soldier—William Bertram Donovan—on the chin and hand with a walking stick while doing pack drillAccused pleaded not guilty. Donovan in his evidence, said that when he w^s sent to the'Wanganui Detention Barracks he refused to take a rifle, stating that he objected to military sendee. Crampton said: "We do not recognise objectors here." >Witness went on to describe how Crampton then said to Sergeant Smith: "Take him to 'the slaughter yard.'" Witness was taken to the yard, and told to march. He refused. A pack was put on him, and a rope put round his neck. He was dragged'round tho yard, thrown down on the ground, and generally ill-treated. He Was struck several times while on the ground. Corporal Parmenter and Guard Williams, and Sergeant' Smith took part in the ill-treatment. After a while witness had had enough; he was done, and gave in, saying he would march. He got up, and did commence to march, Parmenter striking him from behind on the back of the neck, Sergeant Smith pulling his hair, while Crampton struck him under the chin with a cane, saying: —"Hold your head up." Crampton also struck him with the cane on the right hand, saying, "Swing your hand." When witness got -up off the ground Crampton said: "You have just lasted three-quarters of an hour, which is five minutes shorter than the man whp held out longest." BUCKETS OF WATER. Witness added that when on the ground buckets of water were dashed in his face, and when the last one of these was thrown on him he gave in. The blows he got under the chin by Crampton's cane cut hjiri, and the blows on his right hand caused; it to swell. That night'a doctor saw him, but he did not tell the doctor of the cuts and bruises or show them to him. •To Mr. Armstrong: He did not remember Crampton tailing him to stand up properly. He would positively swear that a- rope was round his neck. His rifle was handcuffed to his wrist, but not tied to the shoulder. Not at any time did. he resist; he simply let them push and pull him about. You made up your mind when you went to the barracks that-you would notobey military commands?— Yes; I would not be made a soldier. And. you thought no one could make you obey?— That is so. '■ > You were simply a passive resister?— Yes. Ever try to strike any of the guards? —No. ' Did you not deliberately fall down on the ground ?—No. They pulled me to the ground by the rope round my neck. The first time you fell,' what happened to your rifle?—,l cannot remember! I suppose I put.it back again. - DRAGGED ACROSS THE YARD. Continuing, witness' said he could not remember any commands given him while in the drill yard.' He could not remember being in the corners of the yard. At times he was close ,to the yard wall, but was pulled all over the. place. .He used his strength in pulling back to try to stop them. Then he used all his strength trying to pull back on the rope. Just prior to the water being thrown on him he was dragged across a yard to near a tap. Some of the guards held him up, and others dragged him across. He refused to go. When water was first thrown on him he was on the ground. He got up, but was pulled down again, and more water was thrown. This was repeated a third time. After, this he was not down. on. the ground again, but did not march straight away. He said he would march, and Crampton told ,him how to hold the rifle. Several of the guards will tell us you were more than a-passive resister?—rl deny it. I will put my! word against a hundred of them. "LEFT, RIGHT!" Did Crampton instruct you how to march ?—Yes, and struck me with his cane. Did he march with you ?—Yes. Calling out "Left, Right," etc. ?—Yes. In reply to further questions, witness said Crampton tapped under the chin to make him hold his head up. The blows were, heavy enough to break the skin and leave a mark for a week, but did not cause him great pain. Crampton struck him off and on during the wiiole quarter of an hour the marching leseon lasted. Before being brought tp Wanganui you were arrested by the civil police ?—Yes. Where?—At Taumarunui. Did you resent it?^—Oh, no. Did you put up a struggle?— No. You did not resist at all?— No. At this stage counsel read an extract from the Taumarunui newspaper describing the arrest of Donovan as a military deserter, and a ecuffle with the police there. Donovan denied the truth' of the report. In further reply to counsel, he said that after he left the detention barracks he was sentenced to 23 months' imprisonment for refusing to take his kit 'at Featherston. I A CONSCIENTIOUS OBJECTOR, Are you a conscientious objector ?-r Yes. What Church?— Roman Catholic. _ Does your Church object to fighting? j —1 don't know. By the way, were you convicted some I months ago for stealing an overcoat?— I was questioned by the Court. Donovan said the rifle was handcuffed j to his left wrist, which was not cut or lacerated. In the struggle the rifle never | oama in contact with his chin. Excapt on the ocauion* ht wai etrock by Creaip- j M> under 'ih» chin he wet not. struck by Crampton or any other penou. CramDton j

————————————^———— ——— - never struck him while he was on *#» ground. SWEARING; CURSING, AND BLOWS, Private T. Moynalianj TS.^M.C., formerly at the detention b*rracfe?) sflid he *aw Donovan in the '-slaughter yfrd" ' with a rope round his peck, Th?jl ■syitness/ wept' to Jps cell, and, frpp. fliers. heard j»ci-fßjiig,: swwpgi cjiijsifig, #jp4 blows ag;aipjjt £hp wall iji the yard; gild groaning by Donovan- He also heard sounds of dragging. Tp the Court ; His cell was abput:l6 feet away frbm'the yai'4. He cjid no.?. ' know Dpnoyan prior to seeing him iii the yard. He ilid Sot kppw for what r?as{?jf. he and others had been ordered ip.w^ijf . cells on the arrival qf D'oijpva,!). . t OTHER EVIDENCE. Private Eugene Herlihy, \yiip wps at the detention barracks,- gave svidgilfS. that in Donovan's csli one night he-saw .; the latter's hands in a s\vq!}?n pciiidjtjpn. Donald Kerr Porter,' ex-serge^nt^ajpr at tlje barracks, detailed liaw he s^w* Donovan brought into the yard, where Crampton, Sergeant Smith, Parmenteiy-M and Jenkins were present; A rope WP? - put round Donovan's neck, and ie was .'-;.- ---drawn round the yard, punched, kncckid r down, and lucked whil^ down. Di'anip-,;' ton struck Donovan with a stick while *\ Donovan was oh the ground. So badly '.*:■ was the man,"illtreated --that witnfs's '•■".-.■' thought he would, die';', in; fact he expect- . ed to hear next morning -that: Donovaii had died. .-■'"■ M "'-.'■: To Mr. Loughnan : What did you , think was going to kill him?— The rone. What might it'do to him ?—Bull his M . head off. i "M; '■'.'.''-. Counsel warned witness, of -tlie con- - sequences of perjury, and referred to the evidence given by Donovan th^t mAiriing, stating that Crampton never struck , him while on the ground. ''-.""...- After some hesitation, witness withdrew the statenient that Crampton ,ha 4■'•■■■_ used a stick on Donovan's head while.: . the latter was on the ground, but would ,--, not admit that it was" untrue. 'AVitiiess['■' -..' desired not to give -any. more .evidence, ■■ i or make any more statements, repeatedly endeavouring tp assert that he did not wish to come to the court-martial.' He had no illfeeling against Crampt-cn. K§ said he withdrew the statement because •'.' he had been threatened with perjury, '".-, but the statement was true. , M This closed the case for the prpsippy- ''■ ■,' tion. ' -;'■:. Crampton, giving evidence in his own ,'. Crampton, giving evidence' in hjs qwii -.-' behalf, said that Donovan made an up- - peal to him for a reduction irt the tiipe - of the pack drill. Witness said : ''You ■; were sentenced to two hours' pack drill, ; and you must complete one," After..the first period of trouble he experienced no difficulty with Donovan. He (witness) carried a. cane on the-hooked end. $•. ■: marched alongside Donovan, who assuije.d - him he would do exactly as he was told. He dealt with Donovan as an ordinary, -recruit, demonstrating to him how to. . swing his arms, and ordering him to-do so. Donovan's. head was bowed on. his chest, and witness frequently p^ut his hand under Donovan's chin, saying, "Hold your head up," as is the Army, custom of dealing with recruits. Neither , Donovan's chin -por arm was struck. ■ His right hand w-as. always next the wall, away from witness. - : ,' "A DANGEROUS MAN." "'-. . " ' , He (witness) had been warned that" & ' Donovan was a dangerous man. Dpno-.' van was inspected on the completion r. his two hours' pack drill, and medicrfly examined two hours later, In reply to questions by, the Court, Crampton said Donovan put up a strong resistance. He attempted to hit out at the guard and attempted to bite one man's hand. - The rifle was,handcuffed to' Donovan's luft wrist, because at' first *■- he refused to carry it, and. tlieh .'en-., deavoiired to use it in a malicious",way-;.; against one of the guard. " " ".,,■'' Re-examined by Mr. Loughhah, Crampton produced a record showing that, " Herlihy entered the barracks, a^ -week after the charge. ; :"" '.".",'.' .;■■•.".' M /' ■"' ,'""■ - -Corporal- J. M. M. Jenkins, of the staff of the detention barracks, said.he..--saw Donovan in the pack drill .yard for about ten niinates resisting fairly \lo- . lently. Witness then left to take qp cell duty, but took part in the early,, pro-, .: ceedings irt the yard. He did not think Crampton was always in-the yard. Bur- .',-'. ing the time witness was in the yard , Cramptpn did not strike^ Donovan on. the : head or hand, or anywhere else, with liis ... cane. • When Danovan was marching;':'--' he thought Crampton was in .the yard,- ,- looking' on.' As far.as he (witness)--.'re-/ V membered, Sergeant Smith was drilling ' the man.- -The"only -time Cramptqn; touched,,Donovan was to mov.e.an arm from a-wrong into .v.-right' position iii .., holding the rifle. Witness-was present' ■',■■ when Donovan had a bath after the pack,1': - drill. ;;■_ He'noticed no. bruises or marks, on Donovan, who had a swollen hand be'-Y; fore- the drill in, th'e'yard. ... ..;..,.:.,...... M.; i A DOCTOR'S TESTIMONY.' ','-.... \ Dr. Anderson, medical officer attached v to the Wanganui Detention .Barracks, ■".' said . Crampton told him that Donovan had been very resistant. ..Witness examined Donovan, who-was a big, hull:-?: ing man, and found i, small scratch on the right side of his cheek, which ..; ■ might be caused by the careless use of . the rifle. It,did not look as if it could ;,'• have' been caused by blows of ii cane. :..-'.. He examined Donovan's neck and nbtic-.' ;■■ ed nothing .wrong with him. , He had iio - recollection of seeing . any, iJijuTy""' to . Donovan's right hand. In reply to a question by the Court, witness said he was not asked to examine Donovan because he had been resisting. It was a usual examination. . At this stage an adjournment was . taken to hear the evidence of .Sergeant Smith, who is still in hospital in Wanganui, suffering from appendicitis. Smith said that after water had - been . poiired on Donovan, the latter consented ■ ">'■' to drill. At the time he wag being -;: given pack drill. After water had been::; poured on his face for some time, Dono-.: van got up, and said he would Csirry on, and do as he was told. He started . t.P march round the yard.-"But was not:, marching smartly enough or ia the r-egu-m:. latum way. Crampton was marching., beside him for some part of the time," fiving him the step. Crampton gave - lonovan general instructions, hpw tp ■..., hold his rifle, swing his arms, square his': .': shoulders, keep his head up, etc. Cramp- ■. ton put one hand under Donovan's chin, -;.- and told him to hold his head up. If statements were made that Crampton. < : struck Donovan under the chin with his v cane, cr struck him on the hand, he (witness) did not see anything of that. Cross-examined, witness said he was .' ■ only out of the yard a; few seconds, andy; ; it would not have been possible for, T Crampton to hit Donovan ph the hand ; and/chin without seeing it. "He waswatching too closely. ■■-■.■■;& After the luncheon adjournment, the M Judge-Advocate said it had been brought,,.; to his notice that a. certain witness had 'v been holding a conversation with a witness, under escort outside the drill ha 11.:.;, One of the witnesses attended on the Judge-Advocate's instructions, arid ex-; plained quite a harmless conversa- - tion he had'had with another witne_s.H§,-;■ \vas warned by the President,that, vepeti- T--tion would result in his oeing brought up and dealt with for contempt of Gourt, The Court resumes to-day.