CRAMPTON CASE

New Zealand Times, Volume XLIV, Issue 10205, 15 February 1919, Page 8

CRAMPTON CASE

FURTHER EVIDENCE WITNESS WITHDRAWS PART OP lIIS EVIDENCE. WANGANri!"*FM,rn;:rv U. The Crampton court-martial case -ms advanced a further stare to-day. It lien tho court resumed, the Judge Advocate, Captain Baldwin, summed up the lav in respect to the use of force. He said >A ilson was ’ordered to do pack drill by l is commanding officer. He refused to obey. He tv eg then, on the and under the supervision of the accused, compelled by force to carrv out the order. Ihe force need caused him no serious inconvenience. There was clear authority that the law permitted force to be used lor the maintenance of military discipline. It was clear that for the maintenance of discipline it must be in the power ol 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. IN THE "SLAUGHTER YARD."

William Bertram Donovan, who served 28 days detention at the barracks, said that on his arrival accused asked if le was willing to carry a rifle and wear a uniform. Witness replied: “No.” -* coused said: “Why?” Witness said he objected to military service. Accused said : “I don’t recognise military objectors here.” Accused then added: "Take him to the 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 witnesses’ neck and started to pull him round the yard. On several occasions Smith and Parmenter pushed behind. When lying on the ground buckets of water were dashed into witness’s face. This lasted for about three-quarters of an hour. When the last lot was thrown, witness said he was done and willing to march. Crampton said: "You have just lasted three-quarters of an 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 the guard, Williams, was kicking him from behind, and Parmenter on several occasions punched him on the back of his neck. Smith also pulled witness by the hair and nose. Accused hit witness under the chin and told 1 im 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 out under the chin. Lance-Corporal Faulkner .on several occasions bashed witness into the wall. A few minutes before halting Guard Byrne also bashed witness into the wall. He was then taken to the bathroom. All his clothes were wet, and Byrne lent him a singlet. Witness went before the doctor that night, but did r.ot tell him anything.

To Mr Armstrong: Ho did not remember accused asking him to stand properly. The ritlo was tied on before the rope was put round his neck. Witness did not resist, but just let them pall. He was a passive resister right through. He made up his mind he would not obey any military- commands or bo a soldier. He tbought no man oould make him do it if he did not want to. Ho never attempted to stria* any of the guards. He did not deliberately get on tile ground, but was pulled down by tlie rope. He was pulled all over tne place. His weight was about 1-1 stone when he went into the barracks. J ust before the water was first thrown on him. witness was dragged by tue guards across the vard to a tap. Accused hit witness unaer the chin with a cane, hard enough to break tno sxiu and make it bleed. The mark was there for over a meek. Beioro being brought to CvauKunui witness was arrested uy trio civil police at Taumurunui.

Mr Armstrong read a crosshead in the Taumarunui newspaper «itn tno headings: "Midnight struggle," "alleged deserter captured,” ana, wnich stared tne witness was captured by Constable Garvey alter an exciting scuffle. Witness gave a denial to tho newspaper report. He added that at present he was serving a term of a year and eleven montns imprisonment tor failing to take his kit at Jfeatherston Camp. Witness was a conscientious objector and a Itornan Catholic. Ho clid not know whether or not his church objected to fighting as a puinciple. In reply to further questions, he said an ordinary clothes lino was put round his neck, A loop was slipped over his head. That nignt his neck was swollen and stiff. The doctor should have noticed any bruises or marks.

To the Court: \vhen ho was dragged over to the tap, a rifle was dragged alongside him. His hand or wrist was not iaoerated. The rifle did not come in contact with his chin at any time. The cut on his chin was the result of being tapped with a cane. The yard was paved with concrete. WHAT ANOTHER MAN HEARD. Private Thomas Moynahan, a member of the Medical Corps, said ho was at tho detention barraexs during May, 10W. He saw Donovan on his arrival at tho barracks in charge of Smith. Witness was working in the garden, and was ordered into his cell. Un bis way there he saw Donovan in the "slaughter yard" with a rope round his neck. Witness could see nothing from tile cell, but heard scuffling, swearing, cursing, bumping against a wall, groans, and Uie sound of dragging. Ho afterwards saw Honovan in tho bathroom.

To tbo Court; 'Witness's cell was probably sixteen feet away from the yard. Ho did not know Donovan prior to seeing him in the yard. The President: Do you know tho reason why you were ordered to the colls on the arrival of Donovan?

Witness; No. Counsel for accused refrained from asking witness ari3 r questions.

Eugene llnrlihy said he wa* in tho barracks for three months. He occupied the coll next to Donovan. One evening witness noticed one of Donovan’s hands very much puffed. To Mr Loughnan; Witness was arrested at Wellington, and about a month later was sent to Wanganui. To the Court: Ho did not see any marks on Donovan. Tho light was pretty bad.

COMPLAINT BY JUDGE ADVOCATE On resuming in the afternoon, tho Judge Advocate alleged that there had been communications between witnesses and outsiders. If so, it wae highly improper. AMr Wunch had been named, and the Judge Advocate asked that he should be warned.

it unch was brought before tho court and warned.

Donald Kerr Porter said he remembered Donovan arriving at the barracks. Witness saw Donovan with a rope round his neck, and Smith, Par. meziter,. Jenkins, and Crumpton ill-treat-ing him, Donovan was driven round the yard, punched and kicked while ho was on the ground. Crumpton used Jus stick on Donovan's head while the later was on tho ground. It was Jenkins who dragged Donovan along with a rope round his neck. Witness tnought Donovan was dead, and expected to hear so next morning. In reply to further questions, witness said that accused saidi '‘Come on gel up," and ho hit Donovan on the head. Mr Loughnan; You thought ho was in danger of death ? What was going to* kill him ?

Witness: The way ho was ill-treated. Do you refer to tho blows on his head while lying on the ground? I refer lo the' pulling of a rope round his neck. What effect would that have?—Tho

effect was that it might have pulled his head off. You have given evidence twice betore? —Y es. Do you know there is such a crime as perjury? —Yes. On two occasions you put your oath against tho oaths of Wilson and accused? —Yes. Now, 1 am going to read some evidence to you, and I warn, you of the consequences. Donovan says he was not hit while ho was on tho ground. A WITHDRAWAL. After hearing the evidence rad, witsiess, said he wanted to withdraw what he said about Crampton hitting Donoven while he was on the ground. Mr Loughnan; You withdraw that absolutely ? Witness: Yes. , . The witness was considerably agitated and said ho had no wish to give evidence. , Mr Xjonghnan: Am I entitled to assume that vour statement was false?— No. Whv did you withdraw it? Are you going to reaffirm .it? —No. Well, was your statement true or false? Answer that question.—lt is true. You reaffirm it?—No. but I withdraw

it. Accused said that Donovan had been twenty minutes in the yard, be said lie was too tired to go further and witTI66S said *h© would liav© to complPt© an hour. Witness admitted ho put his hand under Donovan’s chin to make him hold hx« head up, but he denied he struck him. He had been warned that Donovan was a dangerous man. Ho had a slight scratch on his cheek, which witness attributed to careless handling of the rifle. Witness pointed out the scratch to the doctor. To the court: Thev had to strap the rifle on Donovan, who tried to bite toe guard. He also tried to bring tho rifle down on the man behind him.

John A. M. Jenkins, who was a corporal at the barracks, said the only time nocused touched Donovan was to correct the position of the rifle. Witness did not see any bruises or marks on Donovan. 'He had a swollen hand, but that wqs before drilling in the yard. MEDICAL EVIDENCE.

Dr J. W. Anderson, medical officer attached to the detention barracks, said he examined Donovan, and 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 heen caused by a blow from a cane. There appeared no marks on Donovan’s neck. Witness oid not see anything wrong with him. Tho prosecution did not cross-examine tho doctor.

Thomas William Smith, whose evidence was taken at the hospital, said he was a sergeant at the Wanganui Detention Barracks, now discharged. Ho 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 cn properly after he had water thrown cn his. face for the third time, Donovan got up and said he would carry on, and do as he was told, and he started to march around the yard. He was nuot marching smartly enough or in tho regulation way. Lieutenant Crampton was marching beside him and giving the step some part of the time, and some part of the time he stood in the centre of tho yard. Crampton showed Donovan how to hold his rifle in the correct position, to swing his arms, to square his shoulders, and how to hold his head up. Except for tho incident of putting his hand under Donovan s chin and showing him, witness did not see Crampton put his hand* on Donovan.

The hearing was adjourned till the next day.