Private Archibald

Private J. Archibald, 17 Bn. Royal Scots Regiment

Julian Putkowski

After being tried and convicted of desertion, this soldier was executed by shooting at 4.35 a.m., 4th June 1916 at Loisne, in Northern France. The firing squad was commanded by Captain Montague Turner, Assistant Provost Marshal, 35th Division and the soldier's death certified by Lt. S.W. Fisher, R.A.M.C.

In January 1915, James Archibald, from South Leith, declared himself to be 19 years old when he enlisted in 17th Battalion, Royal Scots. The formation, composed of volunteers from Edinburgh and the surrounding district, was a ‘bantam’ battalion, composed of men whose physical stature was less than that which the Army had demanded earlier in the war.

The written evidence that formed the basis of the case against Archibald was assembled in the form of a series of depositions which were compiled by Captain Scougal, the battalion's adjutant. After each deposition had been written down, Archibald was invited to comment and his response was also noted.

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STATEMENT OF EVIDENCE IN THE CASE OF No. 25532 Pte. James ARCHIBALD, 17th (S) Bn., The Royal Scots.

First Evidence: No. 21472 Sergeant. F. Carrie, 17th R. Scots.

"On 14th May 1916 I was acting as Coy. Sergt. Major in billets near Lacouture. About 4.45 p.m. I warned the accused, No. 25532 Pte. Archibald, amongst other men for duty as one of a sentry group to be mounted in the front line trenches that night. At 6.30 p.m. I paraded W. Coy to proceed to the Right Sub-Section in the Ferme du Bois Section. I saw the accused on parade at that hour with No.3 Platoon. About 9 p.m. in the front line trenches I was posting W. Coy. sentry groups. On posting No. 5 group I discovered that the accused was absent. When the accused paraded to go into the trenches he was dressed in "Fighting Order". In addition to his own rifle he was carrying a Grenade Rifle

Accused did not desire to question the foregoing evidence.

Second Evidence: No. 21471 Pte. Alex Forrester, 17th R. Scots:

On 14th may 1916 I paraded along with No. 3 Platoon W. Coy in billets near Lacouture to go to the front line trenches in the Right Sub-Section of the Ferme du Bois Section. The accused, No.25531 Pte. Archibald paraded next to me on my left hand. We were in the rear rank. On coming along the Rue du Boise we were in single file and the accused was four or five yards in front of me. It was dark, and on getting nearer to the trenches I lost sight of the accused. On reaching Tube Station near the front line the platoon was ordered to close up. When we did so I noticed that the accused was not in front of me." [JJP: crossed out: "I did not see him again in the Communication Trench or in the Front Line Trench."]. " The platoon halted just before entering Rope Communication Trench, and I passed down word for the accused, but he did not appear and not see him again until I paraded to give my evidence at Btn. H.Q. today."

The accused did not desire to question the foregoing evidence.

Third Evidence: No.17/22177 Lance Cpl. William Johnstone, 17th (S) Battalion, Lancs.Fusiliers:

"On 15th May 1916 about 3 p.m. I was walking along the Lacouture Road along with No. 15587 Pte. Walker when an old French lady called Pte. Walker to go into a barn at the side of the road. We went in and on climbing up into a hay-loft I found the accused No. 25531 Pte. Archibald lying asleep with his overcoat over him. He had no rifle or equipment and was dressed in clean fatigue. I woke him up and asked him what he was doing there. He gave no answer. I asked him for his pay book. He said he had no pay book but gave me his Identity Disc. I asked him how long he had been in the barn. He said," I came here the night before". I said, 'Where is your Battalion?" He said "They're in the trenches.' I then placed him under arrest as an absentee."

The Accused did not desire to question the foregoing evidence.

Fourth Evidence: No. 17/15587 Pte. James Walker, 17th (S) Battalion, Lancs. Fusiliers:

"On 15th May 1916 about 3 p.m. I was walking along the Lacouture Road with Lance Cpl. Johnstone, when a French lady called to me to come into a barn. On going in we found the accused No. 25531 Pte. Archibald asleep in a loft. He was in clean fatigue without rifle or equipment. Lance Cpl. Johnston wakened him, and on finding out that the accused's Btn. was in the trenches placed him under arrest."

The Accused did not desire to question the foregoing evidence.

Fifth Evidence: No. 20904 Regtl. Sgt. Major Martin, 17th R. Scots:

"On 15th May about 3 p.m. a rifle was handed to me which had been found in the Rue du Bois. On investigation I found that this rifle belonged to W. Coy and was a Grenade Rifle which the accused had been given to carry to the trenches on 14th May. A search has been made but the accused's own rifle and equipment have not yet been returned to me."

The Accused did not desire to question the foregoing evidence. The Accused did not desire to call evidence in defence. The Accused did not desire to make a statement.

Certified that the foregoing evidence was taken down by me in the presence of the accused and in accordance with R.P. 4 (c) & (e) in the trenches Ferme Du Bois this 18th day of May 1916.

(signed) Alec G. Scougal, Captain, Adjt. 17th (S) Bn. The Royal Scots

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Pte. Archibald's trial by Field General Court Martial took place at Ferme du Bois on 23rd May, 1916. The trial was convened by the commander of 106 Brigade, who selected three officers to staff the court martial panel: Major S. F. F. Foulkes, 17th Bn. Royal Scots [President], Capt. W. Simpson, 17th Bn. Royal Scots, [Member] Lieut. J.K. Thomson, 18th Bn. Highland Light Infantry [Member]. The written proceedings do not indicate whether Archibald expressed any objection to being tried by two officers from his own battalion but it should also be acknowledged that the composition of the court did not breach the requirements of the Manual of Military Law.

Prosecution: First Witness: No.21472 Sgt. F. Carrie [Acting C.S.M. of W Coy., 17th Bn. Royal Scots]

"During the afternoon of the 14th May, I warned Pte. Archibald that he was member of a sentry group, No. 5 Group, for the trenches, as soon as the company arrived in the trenches. At 6.30 p.m. I was ordered by Lieut. Spence to take charge of No.3 Platoon. When the company paraded to go into the trenches. As soon as the Company arrived in the trenches, I posted nos. 1-2-3 and 4 sentry groups. When I came to post No. 5 sentry group, I found Pte. Archibald was missing. I reported this to the Officer Commanding W. Coy."

[JJP: Not cross-examined by Archibald but questioned by the Court]

"When the Company paraded at 6.30 p.m. to go to the trenches, I called the Roll. Pte. Archibald was present."

Second Witness: No.21471 Pte. A. Forrester [No. 3 Platoon, W. Coy., 17th Bn. Royal Scots]

"...When the Company fell in for Parade to march to the trenches, Pte Archibald was on my left. Pte. Archibald was given a Grenade Rifle to carry in addition to his ordinary equipment. The Company marched off by Platoon in File. When we got to a certain place, a Guide told us to form into small parties. Pte. Archibald was the last man of the small party in front of me and I was the first man of the next small party behind that one. My party was some yards behind the other party. We marched like this until we came to Tube Street communication trench. Here we got the order to close up and then it was I missed Pte. Archibald. We passed word along the men, forwards and backwards, to know where Pte. Archibald was. He never turned up. After going some distance up the trench, when another halt was occurred, we passed word along again to find out where Pte. Archibald was and the answer came back that he was not there. When I got to my Bay in the Front Line, I reported to my sergeant [Sgt. F. Carrie] that Pte. Archibald was missing."

Not cross- examined.

Third Witness: No.17/2217 L/Cpl. William Johnston [17th Battalion, Lancashire Fusiliers]

"On 15th May, about 3 o'clock in the afternoon, me and Pte. Walker [ 17th Lancashire Fusiliers] were walking down the La Couture Road. An old French lady called Pte. Walker's attention to go & have a look in her barn. On doing so, I followed him. On going into the hayloft I found Pte. Archibald asleep. I then wakened him, and asked him what he was doing there. I asked him how long he had been there. He said 'I have been here since ten o'clock the night before.' I asked him what Regiment he belonged to. He told me the 17th Royal Scots. He said he had no Pay Book but he gave me his identity disc. I asked him where his Regiment was and he said it was in the Trenches. On finding he was absent from his Regiment, I placed him under arrest. Pte. Archibald no equipment on. He had his overcoat over him." [not cross-examined but questioned by the Court] "Pte. Archibald had no rifle with him. The barn was near Vieille-Chapelle."

Fourth Witness: No.17/15587 Pte. James Walker [17th Battalion, Lancashire Fusiliers] " I was walking along the Le Couture Road on the 15th May about 3 p.m. in the afternoon, with L/Cpl. Johnston. An old French lady drew my attention to her house. I went in to her house and saw Pte. Archibald lying down in a Barn. L/Cpl. Johnston awoke him. He was dressed in Fatigue Dress with no equipment. L/Cpl. Johnston questioned him and not receiving satisfactory answers, he took Pte. Archibald in charge."

Not cross-examined.

Fifth Witness: No.20904 Regimental Sergeant Major E.E. Martin [17th Battalion, Royal Scots] "... About 3 p.m. on the afternoon of the 15th inst. I was superintending some work behind Battalion Hd. Qrs. (Sand Bag House)." [JJP: crossed out: " Captain Barry, Y Coy., R. Scots told me he had found a Rifle in the ditch] pointing up the Rue de Bois and gave it over to my charge"]. This was a Grenade Rifle and had a wooden tab marked 'W. Coy 17th R. Scots'. I took charge of the Rifle."

Not cross-examined.

Defence: [JJP: Accused was not represented by a defending officer, nor did he take the oath before giving evidence. Because he did not take the oath, regulations prevented the Archibald being cross-examined about his statement.]

Pte. Archibald: "When I was marching along in single file I felt queer and I do not remember anything until I found myself near the Barn. This was at night and I thought I had better go into the Barn and lay down till morning. And I remember nothing till I was woken up next day." [Accused calls no witnesses nor evidence as to his character and made no further statement]

[JJP: After the Court had found Pte. Archibald Guilty, Capt. A.G. Scougal, Adjutant of 17th Battalion, Royal Scots, produced Archibald's disciplinary record and it was attached to the written proceedings]

No. 25531 James Archibald - Character: Good_

Place: Trenches

Date of Offence: 23.4.16

Rank: Pte.

Offence: Neglect of duty in the trenches

Witnesses: L/Cpl. Wilson

Punishment awarded Commanding Officer: 28 days Field Punishment No.1.

[JJP: The statements of evidence and the written proceedings were then circulated for comment by a succession of confirming officers, beginning with Archibald's battalion commander. After each had added their written note, the dossier was forwarded to the next most senior officer.]

To: Officer Commanding 17th R. Scots

From: L.H. Ross, Capt. - Staff Capt. 106th Inf. Brigade

Date: 24.5.16

"Please give fullest information on following two points in reference to No.25531 Private J. ARCHIBALD, 17th (S) Bn. The Royal Scots, who is charged with "When on Active Service deserting His Majesty's Service."

(I) The character (from a fighting point of view as well as from that of behaviour) of Private ARCHIBALD, his previous conduct in action, and the period of his service with the Expeditionary Force.

(II) Your opinion (based on your personal knowledge, or that of your officers of the soldier's characteristics), as to whether the crime was deliberately committed with the sole object of avoiding the particular service involved."

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From: R. Cheales, Officer Commanding 17th R. Scots

To: L.H. Ross, Capt. - Staff Capt. 106th Inf. Brigade.

Date: 25.5.16

"CONFIDENTIAL

1) As regards behaviour, this man was not a man who gave much trouble, neither was he in any sense a man whom one would pick out as a good man. He is considered by his Platoon Commander to be of poor intellect, and I consider that he is a typical slum product of a low level of intelligence. From a fighting point of view, Pte. Archibald was of not much consideration. He was noted in his company roll book as an unreliable man. He came out with the Battalion to France on 31st Jan 1916

2) His Company Commander is of opinion that the crime was deliberately committed, as the whole Company knew they were proceeding to do their turn in the trenches, and Pte. Archibald had been warned as one of the sentry groups to be posted on arrival in the line. In this opinion I am reluctantly compelled to concur, though I am doubtful if he realised the gravity of the offence he was committing; if this was so however it was not from want of warning, as previous similar cases in which the extreme penalty has been inflicted have been brought to the notice of the men of the Battalion."

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From: H.O'Donnell Brig. Gen. Commanding 106th Bde.

To: HQ 35th Division

Date: 25.5.16

The 17th Bn. R. Scots is very well conducted. It contains a proportion of rough characters, & lately there has been a certain amount of insubordination especially when orders are issued for heavy work in the trenches. I am reluctantly compelled to state that I think an example is necessary in the interests of the discipline of the Brigade & I am of the opinion that Private J. Archibald deliberately committed his crime.

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From: R. J. Pinney M.G. [i.e. Major General], Headquarters 35th Division

To: HQ XI Corps

Date: 27.5.17

"Reference attached F.G.C.M.:

1) The President & Prosecutor have been informed that the evidence of R.S.M. Martin should not have been accepted in its present form; Capt. Barry should have been called to give evidence as to the finding of the rifle.

2) I recommend the death sentence be carried out."

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From: R. Haking Lt. General Comdg. XI Corps

To: First Army HQ

Date: 29.5.16

"I see no reason against carrying out the death sentence, except the youth of this man."

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From: C.C. Munro General, Commanding First Army. Headquarters First Army

To: Adjutant General (thro' D.J.A.G.)General Headquarters.

Re: First Army No. C.M.6661, 30/5/16

"This appears to me to be a bad case. The man in question not only evaded duty but threw away his arms and equipment. I recommend that the sentence be carried out."

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To: Adjutant General

From: Gilbert Mellor D.J.A.G.

Date: 30.5.16

"For submission to the Commander-in-Chief."

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To: HQ 106 Inf. Bde.

From: A.B. Beauman, Capt. D.A.A. & Q.M.G. 35th Division, Divisional HQ.

Date: 2.6.16

"For information & necessary action. The A.P.M. will visit you tomorrow (3am) to arrange details. The G.O.C. wishes a party from each company 17 R. Scots to attend parade - number to be decided by B.G.C. 106 Inf. Bde. Proceedings to be handed to A.P.M. directly after promulgation. The promulgation should take place 4 p.m. 3/6/16."

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Commonwealth War Graves Commission Register: Beuvry Communal Cemetery Extension, Northern France - No.25531 Pte. J. Archibald, 17th Battalion, The Royal Scots, - Plot 2 Row D Grave 15