Australian Executed in WW1

[BeppoSapone]

I have found some more information on the execution that Robert Fisk's father is supposed to have refused to carry out. I have posted the detail below here, and the highlighted section gives enough detail for the story to be proven or dis-proven.

Can anyone now name the soldier? It is claimed he had been at Gallipoli with the AIF, and re-enlisted in the British Army after being invalided out of the Australian one.

Source of this quote: http://www.socialistreview.org.uk/article....iclenumber=9147

"The other theme is 'challenging authority'. My father was a right wing man, very conservative; he believed in law and order, in bringing back hanging. Yet in the First World War he broke the rules twice. The first time he took a camera to the trenches against all the orders and rules. So I now have a unique set of photographs of life in the First World War, pictures of my father in his uniform in Arras and so on.

And the second thing he did was at the end of the First World War. He was ordered to command a firing squad set up to execute an Australian soldier for the killing of a British policeman in Paris. My father refused. He argued it was wrong to kill soldiers. The man was executed anyway. But it is also the story of my father's refusal to do that, how he refused to obey authority.

His punishment was to go around digging up bodies in no man's land and burying them in the big British military cemeteries. He was a second lieutenant in the King's Liverpool Regiment, which was based in Cheshire. I got the British government to release the papers of the man who was executed. He was a soldier of my father's age who had served in Gallipoli, fighting the Ottoman Empire. He had been invalided by the Australian army then rejoined the British army - his fatal mistake. Just after the end of the war he went to Paris, got drunk and shot a British policeman.

I've actually found that the hotel where he was staying in Paris is still a hotel. I've actually slept in his bedroom for a night, and found the exact staircase where he murdered the British military policeman. I did get the execution papers, where he states, 'I'm 20 years of age, I joined the Australian army in 1916 when I was 16 years of age... I had no intention whatever of committing the offence for which I am now before the court. I ask the court to take into consideration my youth and to give me a chance of leading an upright and straightforward life in the future.' His sentence was carried out by a firing squad at 04:14 hours on 27 May at Le Havre in northern France."

PS Gallipoli cum grano salis

[Moonraker]

Tim,

A training camp in Shepton Mallet is hardly Active Service?

Regards Charles

As several minor errors have already crept in from an inaccurate webpage, may I just clarify that the training camp was Sutton Veny near Warminster, and that the execution took place at Shepton Mallet prison. But it doesn't alter the point you're making, Charles.

Moonraker

[Simon Jones]

Beppo

The man Fisk describes matches Frank O. Wills, executed on 27/5/19 for the murder of an NCO on 17/5/1919.

CWGC:

Name: WILLS, FRANK O.

Initials: F O

Nationality: United Kingdom

Rank: Gunner

Regiment/Service: Royal Field Artillery

Unit Text: X50th Trench Mortar Bty.

Age: 20

Date of Death: 27/05/1919

Service No: 253617

Casualty Type: Commonwealth War Dead

Grave/Memorial Reference: Div. 64. VI. F. 5.

Cemetery: STE. MARIE CEMETERY, LE HAVRE

I would like to know how Robert Fisk knew it was this man, whether his father recalled his name or the circumstances of his crime. His book The Great War of Civilisation: The Conquest of the Middle East may have more detail.

Simon

[Simon Jones]

This could be the man he murdered, one day out:

P/10303 A/L/Cpl Thomas Frederick Malvern, Military Foot Police (born, resident & enlisted Malvern), formerly 33942 Worcs Regt. Died F& F 16/5/19.

CWGC:

Name: MALVERN

Initials: F

Nationality: United Kingdom

Rank: Lance Corporal

Regiment/Service: Military Police Corps

Unit Text: Military Foot Police

Date of Death: 16/05/1919

Service No: P/10303

Casualty Type: Commonwealth War Dead

Grave/Memorial Reference: XIV. A. 41.

Cemetery: TERLINCTHUN BRITISH CEMETERY, WIMILLE

Simon

[BeppoSapone]

Simon Jones said:

I would like to know how Robert Fisk knew it was this man, whether his father recalled his name or the circumstances of his crime. His book The Great War of Civilisation: The Conquest of the Middle East may have more detail.

Simon

Thanks for that Simon. I hope that someone will come up with the answers to your queries.

Meanwhile, here are some records for Frank O Wills, but they are mostly blank, and tell very little more.

[Broken link removed]

[BeppoSapone]

This could be the man he murdered, one day out:

P/10303 A/L/Cpl Thomas Frederick Malvern, Military Foot Police (born, resident & enlisted Malvern), formerly 33942 Worcs Regt. Died F& F 16/5/19

Simon

Thanks Simon, but it does not look like the right man. According to what I have found, now that we know the murderer was Frank Wills, the murdered man was a L/Cpl Webster.

"According to the prosecution: "The accused and L/Cpl Webster went upstairs. Shortly afterwards two shots were fired upstairs...the accused came down and ran out with a revolver in his hand, he was followed by L/Cpl Coxon and fired three shots at him. One of the shots wounded L/Cpl Coxon in the arm slightly. The accused made off...but was chased by gendarmes and civilians and arrested. The revolver was taken from him and found to contain five expended cartridges. L/Cpl Webster was found at the top of the stairs, wounded in the chest, abdomen and finger...He died three days later..."

Source, which also gives more detail on Frank Wills:

http://www.christusrex.org/www1/news/indep-10-7-05a.html

[Simon Jones]

That matches with:

Name: WEBSTER, BERNARD

Initials: B

Nationality: United Kingdom

Rank: Lance Corporal

Regiment/Service: Military Police Corps

Unit Text: Military Foot Police

Age: 37

Date of Death: 15/03/1919

Service No: P/7920

Additional information: Husband of Ada Webster, of 15, Spring St., Derby.

Casualty Type: Commonwealth War Dead

Grave/Memorial Reference: Plot 34 Row 1 Grave 14.

Cemetery: LEVALLOIS-PERRET COMMUNAL CEMETERY, PARIS

Born Chaddeston, enlisted & resident Derby. Died of wound 15/3/19. Formerly 55373 AVC.

Simon

[joseph]

Tim,

"executed by military firing squad after murdering an MP in Paris"

This was Active service, as France was still at war in 1919. But looks like Beppo and Simon are on track.

Regards Charles

[Jim Clay]

Excellent sleuthing, chaps! Looks like you've identified not only the chap Fisk referred to but also his victim and the deatils of the crime! These are the 2 things which make this Forum such a great place - comradeship, tenacity and an eye for detail - 3 things ...

Jim (well impressed)

[Auimfo]

Exactly my point Charles. It couldn't have happened that way because no Australian soldier was executed by the military.....unless of course, he'd joined up with the British Army as Beppo and Simon have found.

It seems we're agreeing again.

Tim L.

[Blackblue]

Must have served under a different name at Gallipoli though....no F.O. WILLS listed serving with the AIF.

Rgds

Tim

[Fedelmar]

Simon Jones said:

Beppo

The man Fisk describes matches Frank O. Wills, executed on 27/5/19 for the murder of an NCO on 17/5/1919.

CWGC:

Name: WILLS, FRANK O.

Initials: F O

Nationality: United Kingdom

Rank: Gunner

Regiment/Service: Royal Field Artillery

Unit Text: X50th Trench Mortar Bty.

Age: 20

Date of Death: 27/05/1919

Service No: 253617

Casualty Type: Commonwealth War Dead

Grave/Memorial Reference: Div. 64. VI. F. 5.

Cemetery: STE. MARIE CEMETERY, LE HAVRE

I would like to know how Robert Fisk knew it was this man, whether his father recalled his name or the circumstances of his crime. His book The Great War of Civilisation: The Conquest of the Middle East may have more detail.

Simon

Just poking my nose in here for a minute

If he was executed then two things I am curious about:

1) Why would his Australian record say he 'died on service'?

2) Why does he have a headstone for Commonwealth War Dead?

Having asked the 2) question I will let you draw your own conclusions relating this to the other group of men.

Here in Western Australia any person executed for murder is not permitted to have a headstone of any kind. The family do not hold the grave license ... it is under the auspices of the government.

The case of Wills is being discussed across at:

 

You will find that discussion just as curious.

Bright Blessings

Sandra

[Terry Denham]

Sandra

All Commonwealth executed men are entitled to war grave status and commemoration by CWGC. The cause or manner of death is immaterial.

All men who died by judicial execution for whatever crime are commemorated by CWGC in line with their ethos of equality for all.

There is a WW2 casualty so commemorated who was executed for treason. It makes no difference to CWGC under the terms of their Charter.

[Fedelmar]

Great ... thanks for the explanation Terry

Bright Blessings

Sandra

[Alan Tucker]

I am surprised that no-one has used pages 381-6 of 'The Great War for Civilisation' by Robert Fisk.Fourth Estate 2005.

Has the full story - trial of Gunner Frank Wills, X Trench Mortar Bn, 50 Div, RFA. Deserted from the British Army 28.11.18. Captured in Paris 12.3.19. Joined the Aussi Army in 1915 when 16. Egypt and Dardanelles, France. Joined British Army in April 1918 after medical discharge from the Aussies. Sent to France June 1918.

[Auimfo]

The only problem with that story is that there was no Frank Wills in the AIF who fits the bill.

There is only one Frank Wills who returned to Australia in 1919 and another Francis Wills who was KIA in 1916.

That's why we suspect it may have actually been Richard (or Samuel) Mellor using an alias after having gone AWL from the AIF. Fisk's story claims Wills was medically discharged from the AIF however the AIF officer who spoke to Wills before execution claims he said he had gone AWL. (Refer to the other thread for all the details).

Tim L.

[Fedelmar]

I thought there was another really long thread about this where Tim and I went through the service record and other documents with a 'fine tooth comb' ... I don't seem to be able to find it ...

Found it

 

 

[Chasemuseum]

QUOTE (joseph @ Oct 20 2006, 03:55 PM) <{POST_SNAPBACK}>

Tim,

A training camp in Shepton Mallet is hardly Active Service?

Regards Charles

As several minor errors have already crept in from an inaccurate webpage, may I just clarify that the training camp was Sutton Veny near Warminster, and that the execution took place at Shepton Mallet prison. But it doesn't alter the point you're making, Charles.

Moonraker

Active service is defined as service as a member of the defence forces during the period defined by the specific Act of Parliament for a given conflict. The location of the service is immaterial.

In the case of F. Wills he had been discharged from the AIF and was not technically serving with the ADF at the time.

In the case of V. Asser he was a serving member of the AIF, his file is openly available on the Australian National Archive website and the record records his trial and execution by the civil authorities. The murder in question was of another Australian soldier at an AIF training camp in the UK. The file records that he was buried in the prison grounds. He is listed in the Australian War Memorial lists as "hanged" but is not listed in the role of honour. He does not appear in the CWGC database. His file is strange reading, he stowed away on a military transport and enlisted in Egypt. Appears to have been alcoholic. Was detained for a period of his service in a lunatic asylum (alcoholism related) and tried to appeal his conviction on insanity but this was rejected as it had not been raised at the trial.

Cheers

RT

[CGM]

ASSER, VERNEY

Rank: Private

Service No: 296A

Date of Death: 05/03/1918

Regiment/Service: Australian Army Service Corps 1st Div. Train.

Panel Reference: Addenda Panel

Memorial: BROOKWOOD 1914-1918 MEMORIAL

N.B.

This casualty has recently been accepted for commemoration by the Commission. However, it will not be possible to add his name to this Memorial immediately. Please contact the Commission before planning a visit, for more information.

[John_Hartley]

Asser's name was submitted to CWGC , for commemoration, by Terry Denham - in the days before he & I formed the In From the Cold Project.

Like the Commission, we make no distinction between men, whatever the cause of death. He is not the only man to have been executed who had been overlooked by the Commission - IFCP is also responsible for getting Mahmoud Ahmed commemorated (he had been executed for mutiny)

[Chasemuseum]

Its good news that his name is included in the CWGC register. He may have been a very imperfect individual, however he chose to serve his country and this was a key factor in the circumstances of his death.

If he were on trial in Australia today for the same murder, a murder conviction would be unlikely. With his alcoholism and mental health issues, he would be unlikely to be deemed to have formed the intent (mens rea) to commit murder. A conviction for manslaughter may be possible.

Reviewing his file, it was unfortunate that the authorities lacked the courage to refuse his enlistment and return him to Australia back in March 1916, or at least to have boarded him out of the AIF as his mental health issues became apparent. This failure cost the life of Cpl Durkin.

For those interested in this matter, Cpl Durkin's file includes the full copy of the initial coronial inquest into his death, with a variety of other relevant material.

Cheers

RT