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The Trial and Execution of Private Wishart

7th Royal Inniskilling Fusiliers

FGCM: No. 26428 Pte J. Wishart  7th Royal Inniskilling Fusiliers 49th Infantry Brigade: Field General Court Martial: In the Field -  31 May 1917
President: Major  E.W.P. Uniacke   7/8th Royal Irish Fusiliers  Members: Capt. R.A. Belemore 2nd   Royal Irish Regt.; T/Lt. F.L. Crilly 7/8th  Royal Irish Fus.

Charges:
1st  Charge: When on Active Service, Deserting His Majesty's Service on 31st Mar. 1917 (section 12[1]).
2nd Charge: When on Active Service, Deserting His Majesty's Service on April 29th/30th, 1917 (section
12[1]).Plea: Not Guilty
Finding/Sentence: Guilty of both charges - Death Confirmed: D.Haig F-M. 11 June 17
Sentence promulgated: at 3.45 PM on 14th  June 1917 and necessary extracts taken on this 14th day of June 1917 - H.N. Young for Adj. 7 R. Innis Fus
The sentence was duly carried out at MERRIS 3.58 a.m.on 15.6.1917.[signature unclear] APM 16th Division - Medical Inspection Report: 13 May 1917: Wishart -Married - Religion: RC -
For trial by FGCM: Fit

PROSECUTION:
No. 24805 Cpl. J. Fox 7 R. Innis. Fus.On 30th March 1917, I was in charge of a draftproceeding from ETAPLE to join 7th Innis. Fus. We remained the night of the 30th in the rest camp, HAZEBROUCK.  On the evening of the 31st March, 1970 in the draft paraded on HAZEBROUCK Station.  I called the roll and the accused was then present.  When we got into the "horse wagon" (there were ten of us) I noticed the accused was absent.  On arrival at BAILLEUL again called the roll.  The accused did not answer his name.  I reported to Cpl. McKenna, who came from the Innis. Fus.  7th to meet the draft.Cpl. McKenna reported to the R.T.O. BAILLEUL and handed his kit in. No. 26992  Pte. C. Bradley 7 R.Innis. Fus.On 30th March last I was a member of the draft proceeding to join 7th R. Innis. Fus. under Cpl. Fox. At HAZEBROUCK Stn. before we started, I heard Cpl. Fox call the roll. The accused was then present. I heard Cpl. Fox reporting to Cpl. McKenna at BAILLEUL, that the accused was absent.No. 7930 L/C. R. Slowgrove M.F.P.Boulogne

On 20th  April 1917 at about 7pm I was on patrol duty at PONT MARGUET, I was standing beside L/Cpl. HAMILTON when he was talking to the accused.  He asked him to give an account of himself and he was not able to do so.  I assisted L/Cpl. Hamilton to take him to the MP guard detention room.No. 13098 Sergt. Cunningham 7th R. Inniskilling Fus.On the morning of the 28th April 1917, acting on the order of the R.S.M., I ordered Cpl. McLean to hand the accused over as a prisoner to his company, as the battn. was to march to the LOCRE AREA from ZOUAFSQUES

No. 24281 Sergt. Hogan 7th R. Inniskilling Fus.I am Sergt. of the accused's platoon. Between 6 and 7o'c. on the evening 28th April 1917, the accused was handed over to me as a prisoner by L/Cpl. McLean. He remained until the night of the 29th May [margin note: "means April"] 1917. He was reported tome as absent by L/Cpl. Hughes.No. 25307 L/Cpl. Hughes 7th R. Inniskilling Fus.At HAZEBROUCK, on the night of 29th April, 1917, the accused was sleeping next to me in billets. On the morning I found the accused had disappeared & that my revolver was missing.

No. 1344 C.S.M. Dunn 7th  R. Innis. Fus.I am S.M. of the accused's company. On the morning of April 30th, 1917 the platoon Sergt. reported the accused absent. I reported it to my Company Commander.No. 4496 L/Cpl. Knee M.F.P.At about 10. a.m. on the 11th May 1917, I was on Police duty at the Grand entrance, Bassin Loubet [Boulogne], I saw the accused who was in civilian clothes, being suspicious of him, I ordered him to produce his pass. Being unable to do so & also not able to give a satisfactory reply to my questions, suspecting him of being a deserter, I handed him over to the Dock M.P. 

DEFENCE:
About December, 1916, was the last time I heard from home. I received a telegram during December from my wife, saying my child was ill. I tried to get a pass for home but could not do so. I was down at ETAPLE for a week but did not get home. I was very worried.
Prosecutor: Capt. V.H. Parr 7th R. Inniskilling Fus.: Army Form AFB 122 [Disciplinary Record] No entries. Statement in Mitigation [by Wishart]:It was only worrying about my child that made me absent myself. It was not through cowardice.
Evidence to Character: 2/Lt. C.N. Walker 7 R.Inniskilling Fusiliers:
I have known the accused for four months in the trenches, he has always been a good character & willing & has always done well in the trenches.

A quick scan through the case suggests that the court had originally intended to sentence Wishart to a couple of years imprisonment with hard labour but (possibly after the intervention of the court martial officer) instead opted to have Wishart sentenced to death.The presence of two officers from his own battalion on the FGCM panel was quite legal but it would have been quite unacceptable in a civil court and certainly would have been grounds for an appeal - but,of course, there was no appeal possible under the system then prevailing.The issue of whether justice was served remains a vexed business, principally because from the outset there was a presumption that the accused was guilty. The absence in the dossier of any remarks by confirming officers is unusual, even allowing for his conviction on more than one charge, especially because Wishart had a clean disciplinary record and appears to have been an asset in combat. The duration of his absence and his dress when he was arrested are almost irrelevant - men who went  missing for few hours and who retained their kit and uniforms were still executed - which causes me to wonder whether Haig's confirmation was informed merely by the need to maintain the 10% norm of confirmations of capital sentences that was carefully sustained throughout the war? Wishart's execution appears gratuitous - wasting the life of a useful soldier at a time when BEF casualties were high.

© Julian  Putkowski 18.2.2001.

Extract - Manual of Military Law 1914-18

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