Private Hugh Flynn
COURT MARTIAL: 18TH HIGHLAND LIGHT INFANTRY (4th Glasgow) at ARRAS, France 27th October 1916
Court: Maj. J.H. Gill 17th West Yorks (President)
Capt. S.L. Bell 17th West Yorks (Member)
2/Lt. K. Smith 19th Durham L.I.(Member)
Prisoner's Friend: Lt. J. Barrie 18th Highland L.I.
Name of Offender: No. 5323 Pte. Hugh Flynn 18th H.L.I.
Offence charged: When on Active Service deserting His Majesty's
Service - Army Act Sec. 12 (1.a.)
Plea: Not Guilty
Evidence for the Prosecution:
1st Witness - No. 5320 Sgt. Thomas Minto 18th Bn. H.L.I.:
I am platoon Sergeant to No. 16 Platoon of 2 Company, 18 Bn. H.L.I.. On 26th July 1916 the Bn. was marched to trenches N.[orth] of MARICOURT. The accused No. 5323 Private H. Flynn 18 Bn. Highland L.I. belonged to my platoon and was with it - About 6.0 p.m. I was issuing rations and found that I had one ration over - I discovered that the accused was not there. I searched for him and could not find him. I had seen him about an hour previously. I did not see him again until about a month ago in the guard room at ROCLINCOURT. I was with the platoon all the intervening time.
(cross-examined by Lt. Barrie)
Q: How long before the 26th July had the accused been with the platoon?
A: Since the day he joined. I do not remember his being absent on any other occasion.
Q: On or about 26th July 1916 did he ask you to take him to see the M.[edical] O.[fficer]?
A: I didn't remember him doing so.
Q: When you saw him about an hour [sic] previously to his disappearance did it appear to you to be in his proper senses?
A: Yes.
Q: Have you always been his Platoon Sergeant?
A: For at any rate a twelve month.
Q: What has been your impression of Flynn? Is he a level-headed man and always responsible for his actions?
A: Yes, except at Delville Wood when he was very shaky under the Bombardment.
(question by the Court)
Q: Where did the Battn. go to on the following day?
A: Up to the sunken road behind Guillemont.
Q: Did you know that the Bn. was going there?
A: Yes.
Q: Did you inform the men to this effect?
A: I did not but the men had got the information and were all talking of it.
2nd Witness - No. 5080 Sgt. J. Daly 18th Bn. H.L.I.:
I was Acting C.S.M. to 2 Coy. of 18th Bn. H.L.I. on and about 26th July 1916. I did not see the accused after that date until about a fortnight or three weeks ago in the trenches at ROCLIN COURT. I was with the company all the time between.
(cross examined by Lt. Barrie)
Q: When last you saw the accused in July was he looking quite fit?
A: Yes.
Q: Do you know the accused well?
A: Yes.
Q: Is he generally a level-headed man?
A: Yes.
A: Did the men know where they were going when they were up in Dublin Trench after leaving [Maricourt?].
A: No.
3rd Witness - No. 4675 Sgt. J. Coats 18th Bn. H.L.I.:
I am Provost Sergeant to the 18th Bn. H.L.I. on 18th September 1916, under instructions I proceeded with an escort to St. POL and reported to the A.P.M. there. I received the accused into custody from the Provost Sergeant on the 19th September at 8.30. I had seen the accused in the guard room the
previous night.
(cross examined by Lt. Barrie)
Q: Was the accused in uniform?
A: Yes, with a soft service dress English cap.
4th Witness -No. M2/054936 Pte. A. Robson Army Service Corps:
I belong to No.1 G.H.Q. Ammunition Park. On the 5th August 1916 about 12 noon I was working up the RUE d'AMIENS at AUXI-le-CHATEAU where I was quartered. I saw the accused coming towards
me. He stopped and spoke to me. He asked me did I know where he could join the army. I told him I did not know where he could join, but I would take him to the Adjutant of 3rd Army School of
Instruction and see what he could do for him. He told me that he had been a stowaway on a boat from Folkestone. He told me that he had walked from Frevent that morning. He was dressed in uniform &
I asked him if he wasn't a soldier. He said no, and that he got his uniform at St. OMER, and that if he couldn't join at this place (AUXI LE CHATEAU) he was going on to BOULOGNE to join there and that if he could not join there he was going to try and get back to ENGLAND. I took him to the Adjutant of the 3rd Army School. I saw him afterwards in the guard room.
(cross examined by Lt. Barrie)
Q: When you first saw the accused was he in uniform?
A: Yes
Q: How often did you see him after the day you took him to the Adjutant?
A: Three or four times.
Q: What was he doing on these occasions?
A: Cooking or washing or working.
Q: While he was there did he give any trouble to anyone?
A: Not to my knowledge.
Q: Was he treated like a prisoner?
A: No, just like an ordinary soldier.”
Q: Was he searched?
A: I do not know.
(cross examined by the court)
Q: Was he wearing any badges of any kind when you first saw him?
A: No, none of any description.
Q: Had he any equipment?
A: No.
Q: Was he kept in the guard room?
A: Yes.
Q: Are you absolutely certain that the accused is the man who spoke to you in the RUE d'AMIENS?
A: Yes.
Defence:
Statement by the accused on oath before Finding:
I remember going up to a trench which I believe was Dublin Trench when there was very heavy shelling. After that I don't remember anything until I found myself in Corbie. I thought it the best thing to do to join up with some other regiment and start afresh and meant to do so. I went back along the route the Bn. had taken when marching to the SOMME. I was on the road for several days, living on what I got from soldiers. I was never stopped or questioned by any military police. At a place which I afterwards learnt was AUXI le CHATEAU, following my intention of joining again I spoke to Private Robson and asked if I could join the army and I went with him to see the Adjutant with this intention.
I told the Adjutant that I was a stowaway and wanted to join the army. When in the trenches I asked Sergeant Minto to take me to the M.O. He walked away when I asked him and I did not see him
again. I picked up the soft cap I was wearing at Corbie.
(cross examined)
Q: Could you not have gone on sick parade if you wanted to see the M.O.?
A: No, the time had gone by.
Q: Were you unwell?
A: Yes
Q: Did Sergeant Minto take no notice of your request?
A: No.
Q: Why did you not return to your Bn. when you came to Corbie?
A: I thought it best top go some place where I could report myself and join up again.
Q: Why did you not report yourself at Corbie?
A: I never thought of that.
(Further statement by the accused)
I did not say to Private Robson that I had come from Frevent. He asked me if I was a civilian and I said yes. I didn't say that I should go on to Boulogne if I could not join at AUXI le CHATEAU, nor anything about going to England.
Finding & Sentence: GUILTY - DEATH
After the Finding:
Lieutenant E.B. Maule 18th Bn. H.L.I.:
I am Acting Adjutant of 18th H.L.I. and produce certified copy of A.F.B. 122:
No. 5323 Pte. Hugh Flynn - D Coy. 18th Highland Light Infantry Enlisted: 19.4.1915
Offences:
1. GIRVAN: 13.5.15 Absent from 7 a.m. parade: witness = Cpl. Minto: 2 days CB awarded 11.1.15 by Capt. Kennedy
2. GAILES: 3.6.15 AWOL from 9.30 p.m. 28.5.15 to 9.30 p.m. 2.6.15: witnesses = L/Cpl Leisk & Cpl. McMorrow: 6 days pay forfeited & 7 days CB awarded 13.6.15 by Capt. Kennedy
3. GAILES: 7.6.15 Inattention on parade: witness = L/Cpl Leisk: 2 days CB awarded 8.6.15 by Capt. Kennedy
4. GAILES: 12.6.15 AWOL from 9.30 p.m. 12.6.15 to 8.45 p.m. 14.6.15: witness L/Cpl Workman: 2 days CB & 1 extra guard duty & forfeits 3 days pay awarded 15.6.15 by Lt. Stewart
5. CHISLEDON: AWOL from 28.10.15 to 29.10.15: witness = Sgt. Pennie: 2 days CB & forfeits 2 days pay awarded 30.10.15 by Capt. Kennedy
6. LARKHILL: 6.12.15 Absent from Tattoo until apprehended by a Battery guard of R.F.A. at Bulford: witness = (documentary) Batt. Sgt. Maj. H. Barr & Sgt. [unclear]: 5 days CB awarded 9.12.15 by Capt. Kennedy
7. PERHAM DOWN: 1.1.16 Absent from duty: witness = Sgt. Brown & Sgt. O'Neal: 7 days CB awarded 3.1.16 by Capt. Kennedy
8. PERHAM DOWN: 6.1.16 using obscene language to an NCO: Sgt. Minto & Sgt. Vidler: 28 days Field Punishment No. 2 awarded 8.1.16 by Lt. Col. Lawrenson
9. IN THE FIELD: 3.6.16 Inattention to duties as sentry: witness = Maj. Gillespie & Cpl. Nicholson: 14 days Field Punishment No.1 awarded 6.6.16 by Lt. Col Lawrenson
(To accused by the Court)
Q: Do you wish to say anything further, either as to character, in mitigation of punishment or otherwise.
A: I should like to call Lieut. Barrie as to character.
Lieutenant Barrie 18th Bn. H.L.I.:
On the whole the accused is an average soldier. I have known the accused for 18 months.
(The accused further said)
I was my mother's only support when I joined the Bn., which I did on 19th April 1915.
Confidential - O.C. 18th H.L.I.
Reference trial by F.G.C.M. of 5323 Private HUGH FLYNN, 18th (S) Bn. Highland Light Infantry
Please supply the following information:
1) The character (from a fighting point of view as well as that of behaviour) of this soldier, his previous conduct in action, and the period of his service with the Expeditionary Force.
2) 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.
L.H. Ross, Capt. - Staff Captain, 106th Infantry Brigade H.Q. 106th Inf. Brigade
(1) From a fighting point of view I consider Pte. Flynn as a useless soldier. His nerves can't stand shelling. I have seen him myself at LONGUEVAL, when we were being heavily shelled, hiding in an old gunpit & trembling with fear. His general behaviour while with the Battn since 18th April 1915 has been fair, & his ordinary [unclear] work as a soldier has been well carried out. He has been with the Battn. in France since we arrived on 1st Feb. 1916.
From my own knowledge of the man and also in his Platoon Commander's opinion, I consider that Pte. Flynn did not deliberately run away so as to avoid duty. The shelling was severe at times, and his nerves could not stand it, so he left the trench during the night, & was then too frightened, as to what would happen to him, to rejoin the Battn. when we came back to rest again.
Lt. Col. M. Lawrenson - 18th H.L.I. 28.10.16
Confidential:
Headquarters 35th Division
I do not recommend that the extreme penalty should be inflicted in this case. Though this man does not appear to be a useful soldier on account of his extreme nervousness, he is not of bad character.
I agree with his Commanding Officer in believing that this crime was not committed deliberately in order to avoid a particular duty, but was the outcome of a cowardly disposition.
H.O'Donnell Brig. General Commdr. 106th Brigade 29.10.16
VI Corps
I cannot agree with the recommendations of G.O.C. 106th Bde. - The case appears to be one without any extenuating circumstances, & to deserve that sentence be put into execution.
Landon Major Genl. Comdg. 35th Divn. 30.10.16
Third Army "A"
Forwarded.
The proceedings were returned to the Division as the statement of the Officer Commanding 18th Battalion Highland Light Infantry was considered to be most unsatisfactory. From his own statement it would appear that this officer has been aware, for some time, of the man's constitutional weakness as regards shell fire, and should have taken steps, when he first noticed it, either for him to be withdrawn from the line, or such disciplinary action as was necessary.
If this had been done, the man would not now have been placed in the grave position he is now at the present moment.
Further enquiries have also been made as regards the length of time which elapsed between the man being handed over and the date of his trial, and it has been ascertained that it was owing to the great difficulty in getting witnesses together.
I recommend that the sentence be carried out. I must draw attention to the fact that Pte. Flynn's constitutional weakness was well known and that as no steps were taken to utilize his services on some duty where this weakness would not have led to serious results, he was certain; sooner or later to finding himself in the position in which he now is. Whether this fact constitutes extenuating circumstances it is difficult to say.
A. Haldane Lieut.- General Commanding VI Corps 8.11.16
Adjutant General,
General Headquarters.
I recommend that the death sentence be carried out.
______________________________________________
E. Allenby General Commanding Third Army
Headquarters - Third Army - 10.11.16
A.G. / For submission to the Commander-in-Chief - Gilbert Mellor
Lt. Colonel
D.J.A.G.
______________________________________________
CONFIRMED: (signed) D. Haig 11 Nov. 16
______________________________________________
EXECUTION: 15.11.16 shooting at Harbacq supervised by Capt. Hamilton, 35th Division A.P.M.; Lieutenant Lees, RAMC noted Flynn was killed instantaneously at 6.35 A.M.. Flynn was buried nearby.
Copyright © Julian Putkowski
