In December 1918 A.B. Andrew Lindsey, who had been a prisoner of war, wrote a letter that he was concerned that four of his comrades in the Hood Battalion had been executed in June 1918 for the murder of a German the previous April. The four men this letter concerned:
| | William Hamilton* | CZ5328 | A.B. | b. 1897 | A bricklayer from Motherwell |
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| Bernard Hepburn | CZ7958 | A.B. | See note below |
| William Bunting | TZ2293 | A.B.(HG) | b. 1891 | An engine cleaner from Carlisle |
| Gordon Lochhead | CZ5366 | A.B | b. 1897 | An engineer from Denny |
* Possibly the William Hamilton shown here.
Bernard Hepburn’s record directs the reader to that of Robert Hamilton Z/5798 where the following entries are recorded:
Courtesy of the Nataional Archive, Ref ADM 339/2/2098
On 12th February 1919 a postcard was received by Mr and Mrs Bunting:
Sir,
I have the honour to identify me as the German Chaplain who helped your son
in his last hours, before his death on 23 June last year. He died in a devote
condition and we can hope that our Saviour is merciful to him. But excuse me,
here is a Gennan family having his son as a Prisoner of War. Named:- Paul,
Buchheister. No 20918, at Camp Handforth near Manchester, England and Beg
you to send his son instantly, 10 shillings in cash and ten shillings in food
monthly till he is released. He will give you every time a receipt and you will
have all your expenses back in peace time, by his parents; with many thanks and
prayers.
Yours truly,
Rev father Mohlis
Frankfurt A/Oder.,
Park 8, Germany.
P.S. The parents tried several times to send him parcels and money, also by
Red Cross, but they reached him not, as their son had written. Next I will write
you more about your son's end.
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The British Government demanded an explantion from Germany regarding this matter.
After accusations of an explantion being protracted, the following report was eventually received from Germany:
The men were captured with two British Companies near Ytrees, south east of
Bapaume, in March 1918. They were interned in various camps on the German lines of
communication and were eventually taken to a prisoner of war camp situated in a dried
up Canal. As to the position of this Camp it can only be ascertained that it was in the
former zone of operations and two days march from the spot where the occurrences in
question took place. The prisoners were at this camp occupied in road-making.
After being there for about a week they made their escape together during the night,
proposing to rejoin the British Forces whose position they could gauge from the
flashes and reports of the guns. At the end of the second night, i.e, on the morning of
23rd April, 1918, they got into a deserted dug out situated about 100 meters west of
the St. Leger-Henni road, and here they lay down to sleep.
Early in the forenoon the accused Hamilton who had risen, noticed a German soldier
coming towards the dug out. On quietly awaking his companions, Hepburn sprung up
and placed himself on the left side of the entrance while Hamilton took up his position
on the right. Soon after, Gunner Fritz Wossner of the 9th Battalion, Field Artillery
Regiment No. 273, looked into the dug out and, according to the credible statement of
Lochhead, made a grab at his right hand pocket. Hepburn at once closed his mouth
with one hand whilst passing his other arm round his neck. Hamilton seized him from
behind and they both dragged Wossner in. In the struggle which ensued Hepburn,
whose thumb had been bitten by the Gunner, struck the latter several blows on the
mouth. Lochhead also took part in the struggle. Whether Bunting also participated
could not be ascertained. The accused endeavoured to throw the Gunner but were
unable to do so owing to his energetic resistance.Bunting now seized the barrel of a
machine gun which the accused declare - uncontradicted - not to have noticed until
that moment. With this Bunting struck the Gunner several blows to the head, causing a
bleeding wound. The Gunner staggered but continued the struggle. When the blow or
blows were administered he was bending down. Bunting could not strike with great
force as the dug out was at most 2 metres high. The force of the blows, however, was
sufficient to sap the strength of the Gunner so that the accused were able to throw him.
He still continued to move, and groaned.
As credibly stated by Hepburn, the accused had agreed during the first night, that
should a German soldier find them, they would bind and prevent him from making any
sound. They laid out the Gunner on his stomach. Lochhead held his hands whilst
Hepburn bound them tightly together with rope. It could not be ascertained what sort
of rope was used. Lochhead tied the Gunner's feet together with a gaiter lace, and the
Gunner then lay still.
Lochhead stated that it is possible he kept still in order to pretend that he was
incapable of movement. At least that is the sense of his statement. Hepburn, Hamilton
and Lochhead now searched the Gunner. Hepburn took his note-book containing 8
Marks in German paper money. Hamilton lifted the Gunner's pipe and tobacco pouch
which, according to Hepburn's statement, lay on the ground. Lochhead took from him
a small pistol which was in his right hand pocket. Hamilton admits that he was
subsequently in possession of the Gunner's watch, but it could not be ascertained who
actually took it. Lochhead rolled cigarettes with the tobacco obtained. Hamilton
credibly stated that he immediately thereupon consumed two of these cigarettes during
which time he again left the dug out and noticed that there was much traffic on the
adjacent road.
After Hamilton had smoked the second cigarette the Gunner moved again and
groaned. Hepburn then, as he himself stated, said "We had better make him quiet." He
declared that what he wished to convey was, that they should beat him until he could
make no further sound. Bunting says he understood Hepburn to mean that they should
"finish him." All the accused stated there was no general discussion as to the meaning
of the words. Hamilton now again left the dug out, whilst Hepburn put on his gaiters.
During this time the other two put a cord round the Gunner's neck. As to what
followed, Bunting made the following credible statement:" Lochhead knelt beside the
Gunner holding one end of the cord while he, Bunting, held the other end. They pulled
the cord taut in order to prevent the Gunner from groaning. In about a minute he was
quiet. They laid him in a corner of the Dug out and covered him over with straw. After
some time he again moved. They removed the straw and, as stated by Hamilton,
Hepburn raised the Gunner's body somewhat while he - Hamilton - struck him a blow
on the head with the machine gun barrel. From that moment on the Gunner was quiet.
They again covered him with straw.
After a short time Gefreiter R happened to pass near the dug out and saw Hamilton.
He sprang to the opening and shouted "come out" whereupon the other three prisoners
left the dug out and he marched them all off.
Gefrieiter R went to the dugout again the following day when he discovered the
body of Gunner Wassner. As a result he reported the matter to the nearby Field
Artillery which was stationed nearby. It was only a short time before Lieutenant
d.R.B. and Oberarzt Dr. N. proceeded to view the corpse. They found that the
crown of the skull was shattered and round the bare throat was tied tightly a wisp
of cord. The larynx protruded greatly but the face had not assumed a blue colour.
A post mortem examination took place two days later, the detail of which I do not
intend to record ! Upon examining the clothing of the accused, blood was found
on Hepburn's gaiter lace and jersey and also upon Lochhead's black knitted jacket.
The cord was drawn exceedingly tightly round the gunner's neck; so tightly
that death was not alone due to the fracture of the crown of the skull but
also to suffocation. Fluid blood in the heart and lungs are sure signs of
suffocation. Death was, however, not alone due to suffocation, because the
Gunner had still moved before Hamilton struck him on the head and he was
consequently still alive. Death, therefore, was caused by the tight drawing
of the cord and the blow or blows on the head subsequently administered
with the thick end of the machine gun barrel - because this was the end
upon which traces of blood were found.
Judgement
Inasmuch as Bunting and Lochhead tightened the cord they were the cause
of the Gunner's death insofar as it was attributable to suffocation. The
traces of blood upon Hepburn's jersey, and more particularly those on his
gaiters, go to strengthen Hamilton's statement to the effect that Hepburn
raised the Gunner's body while Hamilton inflicted the blow or blows which
fractured his skull. Consequently Hepburn and Hamilton caused the
Gunner's death insofar as it was due to the smashing of his skull.
These facts were regarded as established in view of the statements of the accused
themselves, the evidence of witnesses, and the findings of the experts.
The accused maintained they did not desire to kill, but only to silence the Gunner.
This contention is not worthy of credence and is refuted by the condition of the
corpse, taken in conjunction with their statements.
Lochhead and Bunting drew the cord exceedingly tightly round the bare neck of
the gunner for the space of about a minute. They would not have done this had
they not desired, and considered, that the tightening of the cord would, or could,
cause the man's death.
The manner in which Hamilton with the assistance of Hepburn, smashed the skull
of the Gunner at once shows that they desired and were conscious that their
actions would cause death. Consequently the accused all acted with intention. The
consummation of the death of the Gunner was in accordance with the desire of
each of them. They regarded the act as their own act individually and they were
therefore accomplices in the sense of para . 47 R. St. G.B.
The accused also acted deliberately, Such deliberation does not apply to the "how"
but to the "whether" of the act.
The Law (para. 211: R. St. G.B.) already requires of the perpetrator that he shall
be clear as to how he will perform an action, inasmuch as it demands that he acts
intentionally.
"Intention" comprises a consideration of the means whereby death is to be brought
about.
All of them were consequently sentenced to death (Para 211 R. St. G.B.)
The accused, Hamilton, Hepburn and Lochhead searched the wounded Gunner and
took from him the articles previously enumerated. This act was undertaken within
the Battle Zone. They knew they had no right to the property of the Gunner and
they acted for purpose of acquiring the articles in question without right, i.e. with
illegal intent.
The accused belonged to a Camp which constituted a mobile portion of the Forces.
Their act consequently, according to Para 9 No 1 M. St. G.B., was committed "in
the field."
It was accordingly further established that Hamilton, Hepburn and Lochhead with
the intention of illegal acquisition took property from the person of a wounded
man on the place of combat (Kampfplatz). They were, therefore, guilty of an
offence sub. Par 134 M. St/G.B., which not only applies to the robbing of
wounded men struck down by the enemy, but of any wounded person, provided
the act occurs on the place of combat i.e. within the zone of fighting; because
wounded persons in the open, being without the precincts of ordered conditions,
are in a partuliarly helpless state and must therefore be specially protected against
robbery.
The law cannot be construed to mean that this protection shall only be extended to
those who are wounded by the enemy in battle.
Hepburn, Hamilton, and Lochhead were consequently sentenced each to 3 years
penal servitude in accordance with par. 134 M. St. G.B.
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After receiving the report, the British Military Mission in Berlin examined the case.
Each of the four men gave statements independently to the Public Prosecutor. The original court martial was convened by the 138th Saxon Division, presided over by a major with three other officers sitting as members. Although each man was nominally defended by a German officer, these officers appear to have taken little active part in the proceedings.
The court ruled that the killing could not be regarded as murder, as it was not premeditated, and the accused had little choice but to act while virtually in the front line. Hamilton, Hepburn and Lochhead were found guilty of manslaughter and theft, and sentenced to fifteen years’ penal servitude. Bunting was convicted of manslaughter alone and received a sentence of fourteen years and eleven months’ penal servitude.
However, the prosecutor accepted the opinion of the Advocate of the 26th Reserve Division that the verdict was unsatisfactory, which resulted in a new court martial under the 221st Infantry Division. On examination of this second trial, it was discovered that no notes had been kept for either the prosecution or the defence. Given that each of the men again testified independently, it appeared that the process was designed to drive them to incriminate one another. Crucially, they were not permitted to communicate with any outside authority, nor did they know they were now being tried for murder. The British later reported that it was impossible to determine whether this second court was properly constituted or in accordance with law.
All four men were sentenced to death without right of appeal. They were shot on 24th June and buried in Lowrie Cemetery at Havrincourt.
The British enquiry ultimately concluded that the case had been handled fairly and offered no grounds for complaint. In March 1920, they wrote to the Secretary of the War Office that the findings would be filed and the matter closed.
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