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SHOT AT DAWN
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
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The Irish Shot at Dawn Campaign to secure pardons for Irish born British
soldiers executed for military offences 1914 -18
