Downey

After a bloody spell of service at Gallipoli, the tattered and battered remnants of 10th Division were withdrawn to the island of Mudros before being despatched to the Greek port of Salonika, where 6th Bn. Leinsters disembarked on 5th October 1915. Because 90% of the original 10th Division had been slaughtered, wounded or had fallen ill whilst fighting the Turks, all of its constituent battalions had to be reinforced and hastily re-organised at Salonika before being despatched to join the Anglo-French expeditionary force that had been assembled in Greece in order to fight the Bulgarian Army in Serbia.[1]

The survivors of the Gallipoli campaign were hastily reinforced with raw recruits shipped out from the United Kingdom and Egypt but 10th division was short of equipment, supplies and one battalion, 7th Royal Dublin Fusiliers were still dressed in shorts with pith helmets, and no winter clothing. These shortcomings were exacerbated by the weather and the attitude of the local Greek population at Salonika, which were respectively bitterly cold and hostile. Nevertheless, November found the division in Serbia, holding the front line between Kosturino and Lake Doiran, awaiting a preliminary assault by the Bulgarian Army. They were in a desperate plight: ‘The line of 10th Division was in savage hill-top country broken by deep gullies, barren rock and scree, its only vegetation scant grass, scrub and scarce stunted oak. There was a sudden change in weather conditions when a cold rain then a raging blizzard struck the Balkans… The exposed infantrymen, their health already undermined by privations on the peninsula, deteriorated. Hundreds suffered frostbite and exposure, hundreds more collapsed with aliments associated with debilitation, cold and under-nourishment.’[2]. The Official History insists that in spite of these privations, the men remained cheerful – but when the weather eased at the end of November 1656 (all ranks) had to be evacuated, of whom 998 were hospitalised with frostbite.[3]

Amongst those who managed to avoid being maimed by the pitiless cold was Private Patrick Joseph Downey, the son of Michael and Mary Downey of Vizes Fields, County Limerick. He had been eighteen years old when he enlisted in August 1914 and he had initially served with 5th (Extra Reserve) Munster Regiment for a couple of months before being transferred to 6th Bn. Leinsters. His disciplinary record suggests that he was less than a model soldier, for he was given to losing equipment, ignoring battalion orders and committed a couple of other petty offences, for which he had been punished by his commanding officer. The dates and intervals between these offences have not been recorded but more seriously, he had also been punished for refusing to comply with an order. Most recently, he had been charged with insubordination and court-martialled on 25 November and sentenced to 84 days Field Punishment No.1.[4] The following day, after refusing to obey an NCO, it was recommended that he be tried by Field General Court Martial.

Downey’s second trial by court martial was held at Hasanli, Serbia on 1st December 1915. Circumstantial evidence suggests that the hearing took place at 5th Bn. Royal Irish Regiment headquarters, in the 29th Brigade reserve lines. The president of the court was Captain (Temporary Major) Robert Otway Mansergh, 6th Bn. Royal Irish Rifles.[5] The two members consisted of Temporary Lieutenant J.K. Starkie, who was serving with the same battalion as Mansergh and Temporary Second Lieutenant Ivor Powell, who had originally served with 13th Bn. Hampshire Regiment in the United Kingdom before being attached to Downey’s battalion at the beginning of October. Official regulations required a Field Officer to preside over the case, but this stipulation was waived by the convening officer, Lieutenant Colonel Robert Seymour Vandeleur, who had declared “None can be spared”.[6] Of the officers hearing the case none had anything more than rudimentary legal training and more crucially, they were evidently ignorant of official instructions about capital cases, stipulating that a not guilty plea had to be entered on behalf of a defendant.[7]

Downey was undefended and pleaded guilty to the charge, effectively committing suicide. That no provision was made to ensure that the soldier was assisted by a defending officer or prisoner’s friend is particularly disturbing, even allowing for the prevailing military situation. The perfunctory manner in which the court disposed of Downey is reflected by the brevity of the scribbles on three pages of a notepad that passed muster as the written proceedings. After 75 years, the British Government declassified the trial dossiers of the men who were executed during the First World War, so it is now possible to read what continues to be resolutely dignified by HM Government as British military justice:

On the 26th November 1915, or thereabouts, I ordered the accused to fall in at 2.30 p.m. for fatigue. The accused replied “I won’t”, I repeated the order, and accused answered “No”. Capt Cradock ordered accused to put on his cap and accused replied “No I won’t”. [signed: W. Bagnall C.S.M.]

On the 26th November 1915 at about 2.30 PM I ordered accused to fall in, accused replied “No I wont fall in”. C.S.Maj. Bagnall also ordered accused to fall in, and accused replied “No I wont fall in”.

Taken down by me in the presence of the accused this 30th day of November 1915.

[signed:] H.W. Andrews Capt. & Adj. 6 Bn. Leinster Regt. R. Mansergh Capt. President FGCM

As originally drafted, the Schedule states that Downey was charged with a non-capital offence:“On active service disobeying a lawful command given personally by his superior officer in the execution of his office.” However, the entry was amended by Brigadier General Vandeleur, to read:“On active service disobeying a lawful command in such a manner as to show wilful disobedience of authority given personally by his superior officer in the execution of his office.”The Brigadier initialled but did not add the date when he made the alteration. However, the amended charge rendered Downey, on conviction, liable to the death penalty. Although five other soldiers were from the Leinsters were also tried for unrelated offences by the same court-martial that was assigned to hear Downey’s case, no similarly crucial amendment was made to the wording of the offences with which they were charged.

It is clear from the written proceedings that Downey could not have been aware of the seriousness of his position, otherwise it is most unlikely that he would have pleaded guilty to the charge:

Proceedings in the case of No.227 Private Downey 6th Leinster Regiment. The Accused No.227 Private Downey 6th Leinster Regiment pleads guilty to the charge. Capt. H.W. Andrews 6th Leinster Regiment having been duly sworn states:-

[# crossed out with a single line in the original: “The accused is also awaiting sentence by Court Martial at the present time.”] [Note in margin, relating to # above] Awarded (84) eighty four days Field Punishment No.1 by Field General Court Martial for insubordination on the 25th November 1915]

The accused states he has previously served for two months in the 5th SR Royal Munster Fusiliers.The accused in mitigation of punishment states that he was never in prison in civil life.

The court sentence the accused No.227 Private P. Downey 6 (S) Bn. Leinster Regiment to suffer death by being shot. [signed:] R. Mansergh (President) FGCM

The sentence passed by the court was agreed unanimously and the proceedings were referred Lt. General Sir Bryan Mahon, the officer commanding British Forces in Greece, a protégé of Lord Kitchener. Before forwarding the papers to the Commander-in-Chief, Mahon commented: Under ordinary circumstances I would have hesitated to recommend that the Capital Sentence awarded be put into effect as a plea of guilty has erroneously been 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 of death in this instance.

Mahon’s reference to the disciplinary state of the Leinsters is curious, for at a time when the 10th Division was retreating back to Greece during the Bulgarian advance after the battle of Kosturino, there was little reprehensible about the Leinsters’ behaviour. The battalion, had obeyed orders and retired in an orderly fashion with the rest of 29th Brigade to Kilindir, eventually entraining at Sarigol Station on 17th December. However, the same could not be said of the performance under fire of some men serving with 30th and 31st brigades, who had panicked during the enemy attack at Kosturino. Nor had the Leinsters allowed themselves to be captured by the Bulgarians, as happened to a company of the 9th Bn. King’s Own Royal Lancaster Regiment during the general withdrawal .[8]

On 18th December 1915 the death sentence passed on Downey was confirmed, without additional comment, by General Sir Charles Monro Commander in Chief, Mediterranean Expeditionary Force and promulgated on 26th December 1915.[9] At 8.00 a.m. the following day, Downey was executed at Eurenjik, near the port of Salonika, by a firing squad under the command of Captain Charles Villiers, Assistant Provost Marshal, 10th (Irish) Division. Downey’s death was reported to have been instantaneous.

An entry in the personal diary of Army doctor attached to No.4 Canadian Hospital recorded the manner of Downey’s death: Dec 28th, Tues. There was a tragedy in the next camp to us yesterday. A young Irishman in the Leinsters who had been giving trouble ever since he came out here was court-martialled, the immediate charge being desertion in the face of the enemy and general insubordination. He was sentenced to be shot and the sentence was duly carried out. An officer who had command of the unit said that when he heard the sentence he began to laugh, and said, “That is a good joke, you let me enlist and then bring me out here and shoot me.” [10]

During Vandeleur’s command of 29 Brigade, nine soldiers were sentenced to death, including 3 for striking/violence; 30 Brigade had thirteen death sentences (of which 2 were quashed), including seven Royal Munster Fusiliers convicted of cowardice); 31 Brigade (Brigadier Hill) had 3, all for striking/violence. However, command of the division was monopolised by Brigadier General Lewis Loyd. Nicol and Major General John Longley. Nicol, a Scot, had retired from the Army in 1910 and was in his mid-50’s but he was also held in high regard by Mahon; Longley, a decade younger than Nicol, was the son of an Indian Civil Service official who had married the Iva Molony, daughter of a Deputy Lieutenant, of Kiltanon, Co. Clare.

During the month of December 1915 In addition to Downey’s case, nine more death sentences were passed on men serving in 10 Division: 4 for Sleeping at Post; 2 for Insubordination; 1 for Desertion and 1 for an unspecified offence (Miscellaneous). Three sentences were not confirmed (2 Sleeping; 1 Miscellaneous) and the remainder were commuted to spells of between 2 years imprisonment and 10 years penal servitude. For the year after Mahon was relieved of command of 10 Division (23.12.15), only six death sentences were passed on men serving with 10 Division – and no men were executed. Exact statistics are difficult to determine but the following appear to be a reasonable approximation of death sentences passed by courts martial convened in Salonika between December 1915 and November 1918

In addition to Downey: Pte. Archibald Brown, 10 Bn. Black Watch (Desertion – shot 1.6.17), Greek Muleteer Nicolas Thaorides (Murder – shot 6..7.17), Lance Sgt. Harry Ashton, 11 Bn. Cameronians (Desertion - shot: 8.7.17) and a Conscientious Objector, Pte. Robert Young, 11 Bn. Worcestershire Regiment (Desertion - shot: 11.9.18)

Footnotes:

[1] Rebuffing Allied overtures, Serbia aligned itself with Germany and attacked Belgrade on 11 October 1915. September 1915. T. Johnstone (1992) Orange, Red and Green (Dublin, Gill & Macmillan), p.162.

[2] Johnstone, ibid., p. 171, derived from Official History (C. Falls) Military Operations, Macedonia, vol 1 (HMSO), p. 73

[3] ibid.

[4] The distinctive tethering of man soldier undergoing Field Punishment No.1 (‘crucifixion’) is described by A. Baxter (1983 edn.) We will not Cease (NZ, Cape Catley), pp. 105-6.

[5] Mansergh (born 12.5.85), 2nd Lieutenant (Militia); Royal Irish Rifles 23.5.06; Lt. 7.2.08; Temporary Captain 15.11.14 – 4.3.15; Captain 5.3.15; Temporary Major 3.10.15. Powell (born 1894), Malvern Public School Officers’ Training Corps; Temp. 2nd Lieutenant 20.10.14 Hampshire Regiment; joined 6 Bn. Leinsters 1.10.15; Lieutenant 26.4.17; Captain 23.12.17. Starkie, 2nd Lieutenant, 6 Bn. Royal Irish Rifles 16.11.14; Temporary Captain 28.7.16; Acting Captain 20.7.17.

[6] Vandeleur (6.6.1869 – 20.6.1956) commissioned 2nd Lt. 1889; Captain 1898; Major 1905; Lieutenant Colonel 1908. Nile expedition, 1898; North-West Frontier, India, 1908; France 1914; Gallipoli 1915; Temporary Brigadier-General 1915; retired pay, 1922.

[7] The instruction was issued by the Adjutant General after Private Joseph Byers pleaded guilty to desertion and had been executed on 1.7.15. After a brief spell with the Civil Service, Ivor Powell went on to qualify as a barrister in 1922

[8] Johnstone, op. cit., pp. 177, 183. 185.

[9] On 19 December 1915, General Monro ordered Brigadier General J.R. Longley take over command of 10th Division.

[10] K.C. Mackenzie (ed) (1933) No.4 Canadian Hospital - Letters of Prof. J.J. Mackenzie (Toronto, Macmillan)