THE CRAMPTON CASE

New Zealand Times, Volume XLIV, Issue 10207, 18 February 1919, Page 5

THE CRAMPTON CASE

COURT RSARTEAL RESUMED FURTHER CHARGES OB' CRUELTI •• ' HEARD. Press Association. WANGANUI, February- 17. The court-martial set up to try Lieutenant Crampton on charges of ’ illtreatment of prisoners at the Wanganui detention barracks resumed its sittings to-day. Accused- was further charged with permitting unnecessary force to bo used to compel Private Donovan to carry out an order. # ■ Private Alister Beatton, who was nn. - dergoing twenty-eight days’ detention, said he heard scuffling in the yard and a loild 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- cm both‘sides* of liis face. . ■ To Mr Loughnan: The scratches, on Donovan’s face were in the nature of gravel scratch. If there was a had light the doctor might not have noticed it; To the court ; Witness was a conscientious objector. At this stage the prosecutor applied for leave to put in as evidence-the deposition of Private J«.yeph McConville before *Mjf ,J., G. L. Hewitt, S.M., at the magisterial inquiry, this witness now being overseas. Counsel for the accused objected, and,the court ruled the evidence was not admissable. , Donald Kerr Porter, who was quar- . termaster'at the barracks, said a pack was put on Donovan. That was all he: wished to say. ‘ 1 -Captain Hudson: Is that all you can remember ? ' Witness: No. It is not all I remember, hui 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 truthfully to answer questions. Witness: I am not being allowed to speak the: truth, and it is no use me, 1 trying to' speak'at all. ' Can- I ask' if I am compiled to give evidence? 1 : don’t want anything, more Jo, dp .with., this ‘court-martial. ' ‘: ‘ ~ ■ The Judge-Advocate: You are here to. speak the whole truth, and you will be obliged to tell the court what you saw. , ' WITNESS COAXED TO REPLY. .After more coaxing, .the witness said Ka s£w Genevan being, ill-tjeated. He was thrown on the ground, and bumped against" the wall, and witness thought Donovan was dead. . Addressing, the court, witness said: i Can I ask if Donovan was unconscious at the time? The president: 4t has "nothing to do with you. Don’t argue the case. The Judge-Advocate: Is he suggesting,, that Donovan was unconscious when he is alleged to have been struck by the. stick? ' Witness : * What I did see was accused, telling Donovan to get up and Jenkins pullirig on the rope round Donovan’s neck and dragging him along a few yards. I then left, and I expected to hear next day that Donovan was dead. Mr Loughnan: You were on bad terms -with -Crumpton before you left Wanganui ?- > »■■■ • • -> Witness: Yes. What. was your grievance?—-I did not think him fair. In-what way?—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 ?—Yes. Do you remember a, conversation with'Sergeant Smith before-giving- evidence?—No. I had nothing tp do with him in Wellington. . Then it would be untrue if Smith says that on that occasion you said to him;’’“Now F will'have my revenge bn*' Cramp ton: the * —Witness:.! No. . !

ITavo you told the truth about what you saw in the yard ? —Yes. hut not tlio whole -of the truth. (Laughter.) Mr Loughnan: That is all I have to ask. I have done with you, . Benjamin Winch, a member of the military bolice at the ' barracks, said he., saw. Fitzpatrick .doing epack drill, but noV Ddnovanb Mr Loughnan: What has it to do with the case? I object to the evidenced . _ , Captain Hudson: Do-you remember Donovan ? ' Witness: Yes, I remember-him being brought into the barracks.' Do you remeihber anything else In connection -with him -—I know that he was kicked ahont. , - - '• AN OBJECTION BY COUNSEL. Mr Loughnan : I object to that, and the manner of (ho examination of the witness,-as it improper proceeding,.; He is put in the box when the prosecution knows-be-can-givo no evidence- about. Donovan except hearsay. ~, ..Judge- Advocate; Ihore is one St Mr“ loughnan: It is not in | any —The 0 Judge-Advocate: Let me draw vour attention to it, then. Captain Hudson (to the witness); Do you know anything about Donovan? ■■ , r , Witness: I don’t know how far X have to go. (Daughter.) •Can you recall any episode? 1 saw •nothing in reference to Donovan that I can think of. . . . Mr Loughnan: You have heard a lot?—Yes, just now. (Laughter.) .. Did you say to the magistrate: X saw Donovan the day he was dealt with,* .and be, did not have anything t(j show for it?—l could not swear that I did. -i- -leu-M. ».• Dr J. W. Anderson said he examined Donovan by gaslight. He. .could not have overlooked on the neck any signs of discolouration or chafing. There would also have been evidence ot shock. A bucketful of cold water ‘a man'Vould'bhfb' V, '■feviVe’b'bM'.'' ‘ ‘

Accused gave evidence that ho had been advised by the .civil police that Donovan was a dangerous character, that.-for .'two years he had done no work, and ’that jdiafjjeg t ply grog*, selling were ponding against fhiiji _ at Taumarunui. Witness warned the staff to. be careful with Donovan. When the latter came to the barracks he adopted an attitude of defiance. Witness charged him with insolence and refusing to obey orders, and ordered him to be dressed in deni . He resisted before leaving the oraariy

room, and witness added a charge or 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 wrist, as wit_'noss wanted to make, sure ho could not use it on the staff. Donovan offered tv violent resistance, and told witness to do" his damndest.* A rope was put round Donovan, passing over the rifle on one shoulder and beneath the other shoulder. When Donovan got down, witness threatened to. put a bucket of water over, him if hedid not get up, and Anally ordered him to bo 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 t men in the barracks. 1. To Mr Loughnan : Witness did not see Donovan kicked. If the rope had been put on in the manner alleged, Donovan coold have got out of it by bonding his head. It was false to say he struck Donovan with his canc. To Captain Hudson: Witness would only use the force necessary to overcome resistance. If he had allowed a. man to heat him, it would have meant the end of his career at the barracks. There was no difference in the treatment of a dangerous character, but witness would be more on his guard. To the Judge-Advocate: He had no experience abroad of detention barracks. Arithur George Faulkner, military policeman at the barracks, said that Donovan refused to do pack drill, and witness helped to pull him along. To Captain Hudson: Water was thrown into Donovan’s face. ft was untrue to say ho was pulled round by the hair or nose. Donovan tried to bite Sergeant Smith, and on that occasion Smith caught Donovan by, the nose and pushed his head up.... Smith,, at times was jambed against the wall. The court adjourned until next day.