A CURIOUS CASE.
ACTION AGAINST MAJOR-
GENERAL RUNDLE.
A curious case came before the English Law Courts recently arising out of the South African War. An ex-Army non-commissioned officer brought an action for damages against MajorGeneral Bundle and several other officers on the ground of wrongful imprisonment during the war. The plaintiff, ex - Sergeant Major Edmondson, was attached to General Clement's flying column, and on June 24th, 1900, he took part in a night march led by Captain Mildmay. The British force was surprised by the Boers, and plaintiff, who was separated by about one hundred yards from his company, came to the conclusion that everything was in disorder, that it was impossible for him to join them, and that the only thing which he could do was to make his way, with a number of stragglers, to Venteraburg, and report himself to Colonel Sitwell. He informed that officer that the force had been surprised and routed, though it transpired subsequently that " the men stood their ground and beat oS the Boers when General Brabant came up."
When the true state of affairs became known, plaintiff was put under arrest, by order of General Rundle, and sent on to Kronstadt and Harristmth, where the other defendants, as officers, were implicated in his detention. He was not charged with any particular military offence, but a Court of Enquiry was held to obtain evidence as to plaintiff's absence from his company, and as to his having given a wrong report, which was calculated to spread despondency among the troops. As actual warfare was going on all the titre, however, most of the witnesses were too far off or too busily eDgaged to be available, and plaintiff was kept in custody for eight months withoub any definite charges being preferred against him. He was then reduced to the ranks, and dismissed without further explanation, except for being told that he was liable to re-arrest if further instructions arrived from the general oncers. In tho action subsequently brought for false imprisonment the Judge was not called upon to decide what were the reasons for degradation. On the real point at issue he gave judgment for the defendants, on the ground that it would be contrary to public policy that the orders of a military officer, issued while war was in progress, should be called in question by a civil court after its conclusion.
" ARRESTED"—Sounds horrible, Empire Company's Extract of Soap arrests all Oirt> from anything, Get it
Permanent link to this item
https://paperspast.natlib.govt.nz/newspapers/MEX19030522.2.38
Bibliographic details
Marlborough Express, Volume XXXVII, Issue 119, 22 May 1903, Page 3
Word Count
413A CURIOUS CASE. Marlborough Express, Volume XXXVII, Issue 119, 22 May 1903, Page 3
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