Downey, Private Thomas 227, 6th Leinster Regiment

From the File WO 71/441 Held at TNA

 CHARGE SHEET

  1st December 1915. No. 227 Private T. Downey 6th Battalion, Leinster Regiment On active service disobeying a lawful command in such a manner as to show willful defiance of authority given personally by his superior officer in the execution of his office.   No. 3944 Private T. McMahon 6th Battalion, Leinster Regiment On active service using insurbodinate language to his superior officer.   No. 10443 Private J. Creegan 6th Battalion, Leinster Regiment On active service disobeying a lawful command given by his superior officer   No. 10516 Private M. Bergin On active service using insurbodinate language to his superior officer. On active service disobeying a lawful command given by his superior officer.   No. 612 Private P. Lee 6th Battalion, Leinster Regiment On active service disobeying a lawful command given by his superior officer   No. 3155 Private F. Thompson 6th Battalion, Leinster Regiment On active service disobeying a lawful command given by his superior officer

FORM FOR ASSEMBLY AND PROCEEDINGS OF FIELD GENERAL COURT MARTIAL ON ACTIVE SERVICE

  PROCEEDINGS At* HASANLI, SERBIA this first day of December, 1915 Whereas it appears to me, the undersigned, an officer in Command of 29th Infantry Brigade on active service, that the persons named in the annexed Schedule, and being subject to Military Law, have committed the offences in the said schedule mentioned. And I am of opinion that it is not practicable that such offences should be tried by an ordinary General Court Martial: I hereby convene a Field General Court Martial to try the said persons and to consist of the Officers hereunder named. President Captain R.O Mansergh 6th Royal Irish Rifles Rank 2nd Lieutenant F. Powell 12th Hampshire Regiment 2nd Lieutenant J.R Standice 6th Royal Irish Rifles (Signed) RS Vandeleur Brigadier General Commanding 29th Brigade.

 PROCEEDINGS IN THE CASE OF No. 227 PRIVATE DOWNEY OF 6TH LEINSTER REGIMENT

 Summary of evidence in the case. 1st Witness No.9207 C.S.M Bagnall states: On the 26th November 1915, or thereabouts I ordered the accused to fall in at 2.30pm for fatigue. The accused replied “I won’t”. I repeated the order and the accused answered “No”. Captain Cradoch ordered accused to put on his cap and accused replied “No I won’t” The accused declines to cross examine the witness. 2nd Witness No. 7905 Sgt. Mackay, 6th Leinster Regiment states: On the 26th November 1915 at about 2.20pm I ordered the accused to fall in. The accused  replied “No, I won’t fall in”. C.S.M Bagnall also ordered accused to fall in, and accused replied “No, I won’t fall in” The accused declines to cross examine this witness. The accused reserves his defence. Taken down by me in the presence of the accused this 30th Day of November, 1915. R.P.4 (c) (d) (e) has been complied with. (Signed) H.W Andrews Captain 6th Bn. Leinster Regiment   The accused pleads guilty to the charge. Captain H.W Andrews 6th Leinster Regiment having been duly sworn states: I produce AFB 122 which states: Refusing to comply with an order: one entry Losing by neglect: three entries Disregarding Battalion orders: one entry Drunkenness: one entry Miscellaneous: two entries Awarded 84 days Field Punishment by FGCM for insubordination on the 25th November 1915. Character: Very bad The accused has fifteen months present service. Age: 19 years and 9 months. The accused states that he has previously served for two months in the 5th Royal Munster Fusiliers. The accused in mitigation of punishment states he was never in prison in civil life. SENTENCE The court sentences the accused No. 227 Private P. Downey, 6th Bn. Leinster Regiment to suffer death by being shot. [Reserved for Higher Authority] (Signed) Captain R.O Mansergh President FGCM

PROCEEDINGS IN THE CASE OF No. 3944 PRIVATE THOMAS McMAHON OF 6TH LEINSTER REGIMENT

  The accused pleads not guilty of the charge. PROSECUTION 1st Witness No.4900 Corporal Gallagher, 6th Leinster Regiment having been duly sworn states: On the 23rd November 1915 I ordered the accused on baggage fatigue. Accused replied “I won’t go until I have had my breakfast” or words to that effect. When he finished his breakfast he complied with my order. 2nd Witness No. 384 Sergt.Kelly, 6th Leinster Regiment being duly sworn states: On 23rd November 1915 I heard Corporal Gallagher order the accused, Private McMahon,  on baggage fatigue. Accused replied “I won’t go until I’ve had my breakfast” or words to that effect. The prosecution is closed. DEFENCE The accused, No. 3944 Private McMahon, 6th Leinster Regiment being duly sworn states: On 23rd November 1915 I was oredered by Corporal Gallagher to go on a baggage fatigue. I told him I would not go until I had finished my breakfast. The previous day I had had only two and a half biscuits, a slice of bread and a tin of corned beef and some tea. FINDING The court finds the accused, No. 3944 Private T McMahon, 6th Leinster Regiment gulity of the charge. Captain H.W Andrews, 6th Leinster Regiment having been duly sworn states:- I produce AFB 122 Drunk and resisting his escort – 1 entry. Deficient of one great coat – 1 entry. Age: 34 years and 5 months. 5 months in service. Character: fair. The accused states that he previously served during the South African War for one year and eight months with the Royal Munster Fusiliers. SENTENCE The court sentences the accused, No. 3944 Private T McMahon, 6th Leinster regiment to be imprisoned with hard labour for 6 months. (Signed) Captain R.O Mansergh President FGCM

PROCEEDINGS IN THE CASE  OF No. 10443 PRIVATE JAMES CREEGAN OF 6TH LEINSTER REGIMENT

  The accused, No 10442 Private James Creegan pleads not guilty to the charge. PROSECUTION 1st Witness No. 1008 Lance Cpl. F.J Dennis, 6th Leinster Regiment having been duly sworn states: On the 24th November 1915 I was on patrol duty with the accused, Private Creegan. I ordered the accused to fall in. He did not do so but replied “there is time enough” or words to that effect. Cross-examined by the accused Q.1 How far was I away from you when you ordered me to fall in? A.1 Quite close in front of me. Q.2 In what words did you order me to fall in? A.2 It is time for us to go back. DEFENCE The accused, No. 10443 Private Creegan being duly sworn states: I was in a house when the Lance Corporal gave the order to fall in and I did not hear it. Another man told me the order had been given. I then immediately left the house and caught up with the patrol on its way back. FINDING The court finds the accused, No. 10443 Private J Creegan is guilty of the charge. 2nd Lieutenant h. O’Donnell, 6th Leinster Regiment being duly sworn states: I produce AFB122 Date of last entry in Company Conduct Sheet 12-10-15 Service: 8 months and 6 days. Age: 25 The accused states that he has no previous service. Character is not entered on AFB122 There are no entries on AFB122 The accused in mitigation of punishment states: I did not mean to commit any crime and did not know I had committed one. SENTENCE The court sentences the accused, No. 10443 Private James Creegan, 6th Leinster Regiment to suffer Field Punishment No.2 for 56 days. (Signed) Captain R.O Mansergh President FGCM

PROCEEDINGS IN THE CASE  OF No. 10516 PRIVATE MICHAEL BERGIN OF 6TH LEINSTER REGIMENT

  The accused, No. 10516 Private Bergin, 6th Battalion Leinster Regiment pleads guilty to the first charge and not guilty to the second charge. PROSECUTION 1st charge. 1st Witness No. 4900 Corporal Gallagher, 6th Leinster Regiment states: On 23rd November 1915 at 8.30am I ordered the accused to take some baggage to D. Coys. Headquarters. The accused replied “I won’t do it till I have had my breakfast” or words to that effect. The accused declines to cross examine this witness. 2nd Witness No. 384 Sgt. Kelly, 6th Bn Leinster Regiment states: On 23rd November 1915 I heard Corporal Gallagher order accused to take some baggage up to headquarters. The accused replied “I won’t do it till I’ve had my breakfast” or words to that effect. The accused reserves his defence. 2nd Charge. 1st Witness Lance Cpl. F. Dennis, 6th Bn. Leinster Regiment having been duly sworn states: On 24th November 1915, I ordered the accused, Private Bergin, to fall in. He did not do so, but went off with Private Creegan. Cross-examined by the accused. Q.1 Did I fall in when you ordered me? A.1 No. DEFENCE The accused, No. 10516 Private Bergin having been duly sworn states: I fell in when ordered by Lance Cpl. Dennis to do so but fell out again to get some flour. FINDING The court find that the accused, No. 10516 Private Bergin, 6th Leinster Regiment is guilty of both charges. Captain H.W Andrews, 6th Bn. Leinster Regiment having been duly sworn states:- I produce AFB122 Character is bad. Date at last entry in Company Conduct sheet is 1-10-15. Service is four months. Age is 23 years and 4 months. The accused states that he has no previous service. SENTENCE The court sentences the accused, No. 10516 Private M Bergin, 6th Leinster Regiment to be imprisoned with hard labour for 1 year. [later commuted to 56 weeks of Field Punishment No.2] (Signed) Captain R.O Mansergh President FGCM

PROCEEDINGS IN THE CASE OF No. 4612 PRIVATE PATRICK LEE OF 6TH LEINSTER REGIMENT

  The accused, No.4612 Private Patrick Lee, 6th Battalion Leinster Regiment pleads guilty to the charge. PROSECUTION 1st Witness No. 9207 C.S.M Bagnall, 6th Battalion Leinster regiment being duly sworn states: On the 27th November 1915 I ordered accused who was at HASANLI village to return to company headquarters in the ravine. On the morning of the 28th of November he had not done so. The accused declines to cross examine the witness. 2nd Witness No. 464 A.S.M Stokes, 6th Battalion Leinster Regiment being duly sworn states: On 28th November 1915 at about 10am I found accused in an empty house at HASANLI village. The accused declines to cross examine the witness. 2nd Lieutenant H O’Donnell, 6th Leinster Regiment having been duly sworn states: I produce AFB122 No entries in Company Conduct Sheet Character is good. One entry in AFB122 – Deficient of one Great Coat Service is 16 months and 7 days. Age is 34 years. The accused states that he has previously served for 5 years in the 5th Battalion, Royal Dublin Fusiliers. The accused No. 4612 Private P Lee, 6th Leinster Regiment in mitigation of punishment states:- On receiving the order to return to company headquarters I packed up and started back with a Corporal whose name I do not know. We were going back on our own but the corporal said “I will take charge of you”. He took us the wrong way. I suggested that he was going the wrong way but he would not listen. The Corporal said we will go back to the village and wait for day break, it being dark at the time. SENTENCE The court sentence the accused, No. 4612 Private P Lee, 6th Leinster Regiment to suffer Field Punishment that is to say Field Punishment No.2 for 28 days. (Signed) Captain R.O Mansergh President FGCM

PROCEEDINGS IN THE CASE OF No.3155 PRIVATE FRED THOMPSON OF 6TH LEINSTER REGIMENT

  The accused, No. 3155 Private F Thompson, 6th Leinster Regiment pleads guilty to the charge. PROSECUTION 1st Witness No. 9207 C.S.M. Bagnall, 6th Battalion Leinster Regiment being duly sworn states: On 27th November at about 4.30pm I ordered accused to rejoin at Company Headquarters in the ravine. The accused was at HASANLI village. On the morning of the 28th November he had not done so. The accused declines to cross-examine this witness. 2nd Witness No.464 A.S.M Stokes, 6th Battalion, Leinster Regiment being duly sworn states: On 28th November 1915 at about 10am I saw accused in an empty house at HASANLI. The accused declines to cross-examine this witness. 2nd Lieutenant H. O’Donnell, 6th Leinster Regiment being duly sworn states: I produce AFB1122 Date of last entry in Company Conduct Sheet 29.12.14 There are no entries in AFB122 Character not filled in on AFB122 The accused has 1 year and 2 months service Age is 20 years and 2 months. The accused states that he had no previous service. The accused, No. 3155 Private F Thompson, 6th Leinster Regiment in mitigation of punishment states: On receiving the order to go back to Company Headquarters I started with Cpl. McGinty. I understood he was in charge of the party. Darkness came on and we got lost. I pointed out what I thought was the way but the Corporal thinking I was wrong suggested that we should come back to the village, which we did. SENTENCE The Court Sentences the accused, No. 3155 Private F Thompson, 6th Leinster Regiment to suffer Field Punishment that is to say Field Punishment No.2 for 28 days. (Signed) Captain R.O Mansergh President FGCM   I certify that in the case of No.227 Private Downey, 6th Battalion, Leinster Regiment the sentence of death was unanimously agreed to. (Signed) Captain R.O Mansergh President FGCM

CONFIRMATION

  To G.H.Q Mediterranean Expeditionary Force. I am forwarding the attached Proceedings of a F.G.C.M. on No. 227, Private Downey, 6th Leinster regiment, for the approval of the Commander in Chief. Under ordinary circumstances I would have hesitated to recommend that the Capital Sentence awarded be put into effect as a plea of guilty has been erroneously accepted by the Court, but the condition of discipline in the Battalion is such as to render an exemplary punishment highly desirable and I therefore hope that the Commander in Chief will see fit to approve the sentence in this instance. (Signed) B. Mahon Lieutenant-General Commanding British Forces in Greece. H.Qrs, British Force, SALONIKA 12th December, 1915.   I have dealt with the reserved findings and sentences in the manner stated in the last column of the Schedule, and subject to what I have there stated, I hereby confirm the said reserved findings and sentences. Signed this 18th day of December 1915 (Signed) C.C Monro General [Field] Officer in the Force. Commanding MEF

SENTENCE

  The execution of No.227 Pte. Downey, 6th Leinster Regiment took place at Eurenjik, near Salonika at 0800 today. Death was instantaneous. (Signed) Charles W. Williams A.P.M. 10th Division 27/12/15

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s