Frank Wills or Richard Mellor

[Fedelmar]

We are not done and dusted yet Timmy me lad

Bright Blessings

Sandra

[Auimfo]

On no, Sandra - far from it. Just waiting for a few connections to be made for access to the other documents.

And while we're waiting, here's a photo and short bio of Maj. Burford Sampson, AIF, whose report has sparked this investigation.

SAMPSON, BURFORD (1882-1959)

Soldier and politician, was born on 30 March 1882 at Launceston, Tasmania, son of Joseph Tasker Sampson, grocer, and his wife Emily Louisa, née Pollard, both English born. Sampson left Launceston High School at 15. He helped his widowed mother in the family grocery store at Launceston, then worked on the Cocker farm at Upper Barrington.

In 1901 he worked his passage as a stoker to South Africa. He served with the South African Constabulary (1901-03)—as a mounted trooper and later as a detective in the Orange River Colony and Matabeleland, Southern Rhodesia—and with the British South African Police (1903-07). A good horseman and horsemaster, he distinguished himself as 'a good shot, cheerful and determined, showing coolness and courage quelling a native riot'. Sampson returned to Tasmania in 1907, worked as a farmer, sawmiller and yardsman, and joined the 92nd (Launceston) Infantry, Australian Military Forces. On 3 June 1910 he married Jane Frances Cocker (d.1932) at Launceston with Methodist forms.

In December 1914 Sampson joined the 15th Battalion, Australian Imperial Force, as a second lieutenant and was promoted captain in May 1915. As a platoon commander at Gallipoli, he was in the thick of the fighting around Courtney's and Quinn's posts, and was twice wounded. In France, as a company commander, battalion second-in-command and acting brigade major, he fought in many battles, commanding the 15th during the major offensive of August and September 1918. Again wounded, he was awarded the Distinguished Service Order and mentioned in dispatches. Discharged in Tasmania in March 1920, he worked as a sawmill manager and immigration officer. He commanded the 51st (later 12th) Battalion, A.M.F. (Launceston Regiment), in 1922-31 and helped to form the Remembrance (Legacy) Club (1922).

In 1925 Sampson stood for the Senate as a National Party candidate, claiming he had been motivated by Billy Hughes. Strongly supported by ex-servicemen, he headed the primary count against four sitting Nationalist senators. Apart from his advocacy of a White Australia, a strong British Empire, the rights of ex-servicemen and Tasmanian State rights, his central concern was defence, a subject which dominated his Senate speeches. He strongly and consistently advocated compulsory military service. Defeated in 1937, he was re-elected in 1940 and defeated again in 1946. Sampson was a member of the parliamentary delegation to Canada (1928), of the select committee on the central reserve bank bill (1930-31), and of joint committees on electoral law and procedure (1926-28), public works (1929-31) and war expenditure (1944-46). He was chairman of committees and Senate deputy president in 1935-38.

A tall, handsome man of ruddy complexion with sandy hair parted in the middle, 'Sammy' or 'Burf' was a born leader. Well-built and athletic, he was a cricketer, rower and golfer; he also enjoyed dancing. A Freemason, he was a member of the Australian Red Cross Society and of the Returned Sailors' and Soldiers' Imperial League of Australia. He was a deputy director of recruiting for the 2nd A.I.F. in 1940-41 and retired as honorary colonel in 1942. Respected as a soldier in war and peace, he was a popular politician, regarded as totally honest and straightforward.

Sampson moved to Sydney in 1950. He died on 5 June 1959 at Pennant Hills. His ashes were interred in Carr Villa cemetery, Launceston. On 23 September 1941 at St Kilda, Victoria, with Anglican rites, he had married a widow Dorothy Jackson, née Gibbons, who survived him with two sons of his first marriage.

[digger5410]

I notice that Wills is buried in a war grave in Ste Marie Cemetery Le Havre. Was it usual for those executed in those days to be interred in consecrated ground? I know that civilians executed for crimes and suicides back then weren't buried in consecrated ground so makes me wonder how Wills is

In Memory of

Gunner FRANK O. WILLS

253617, X50th Trench Mortar Bty., Royal Field Artillery

who died age 20 on 27 May 1919

Remembered with honour

STE. MARIE CEMETERY, LE HAVRE

Rod

[Andrew P]

Hi Rod

I believe those soldiers who were executed in France & Belgium do lie in Commonwealth War Graves Cemeteries.

Regards

Andrew

[alliekiwi]

Yes, they have standard headstones. You'd never know which ones they were, save that of Pte 10495 Albert Ingham in the cemetery at Bailleumont. His family had the inscription added which mention it. He's buried next to his mate Pte 10502 Alfred Longshaw, and apart from the date of death being the same, there is no indication on the stone of Longshaw's 'cause' of death being the same as Ingham's.

I can't see that someone who was executed for murder would be any different.

That being said, the other two Australians mentioned in this thread as being hanged for murder in the UK were not given military burials or stones, but they'd been tried by a civil court. Neither are they commemorated on the CWGC. Frank Wills, however, is.

Edited to remove offending material

Allie

[rick47]

I know it was mentioned in passing earlier in this string - but has anyone given serious thought to the obvious next step of DNA testing. It seems that there are enough interested family members available to provide a DNA sample, if CWGC can be persuaded that there is reasonable proof that the body is "incorrectly" identified on the headstone.

Cause of death is immaterial to correcting the identity to my mind!

Anyway it's a thought worth investigating as it would settle the discussion as far as identity is concerned although not the handling of the matter.

Rick

[Auimfo]

The reason that Wills has a CWG is because he was court martialled and shot by the military authorities. I think you'll find the charter of the CWGC is to recognise all those who were killed regardless of cause. All those who were executed for military breaches are given headstones in CWGC cemeteries. However, all those executed by civil authorities were not afforded the same recognition.

Rick,

Yes, there's no doubt that a DNA test would most probably solve the dilemma but I think we'd need rather a lot more evidence to even come close to convincing anyone to authorise it - if they ever would. However, at this point I think it's probably best not to risk turning this thread into a DNA debate and try to keep the investigation itself to the forefront of this thread. I believe there's a separate thread currently running somewhere else on the GWF regarding the DNA issue.

Cheers,

Tim L.

[alliekiwi]

Tim, how did the Mellor family react to the fact that you might have found out what their great uncle had been up to? Were they upset, considering they thought he might be the chap they'd pencilled into the family tree as marrying &etc after the war? I'm guessing the fact the they're sending you some information must mean they're at least intrigued about what you and the scoobie gang have unearthed.

It will certainly be interesting if someone can find the newspaper photo so we can compare to a family photo.

Allie

[Terry Denham]

A number of points need clearing up here.....

Firstly, though, I have to remind people that any mention of SAD etc and the offending posts will disappear as per the rules.

1) ALL executed men in service are recognised by CWGC no matter whether they were executed by a military or a civil court. This does not apply if they were discharged from the service the day prior to their execution by civil authority (as was the practice in WW2).

2) CWGC cemeteries are not consecrated ground.

3) All executed men get the same headstone as anyone else - or a name on a memorial to the missing (including one executed for treason in WW2).

4) Initially, the military did not appreciate that CWGC had to commemorate these men and their names were not put forward. CWGC had to request them later. This is the reason some were omitted initially.

5) The case of ASSER was put forward by myself to CWGC and the Australian authorities last year and he is going to be accepted for commemoration. The case is going through the system as we speak. I did not know of the second 'missing' case and so I will check it out.

[digger5410]

Thanks Tim and Terry that's clarified my query nicely

Rod

[alliekiwi]

Thanks, Terry. I've edited my post.

So, basically, if I went through Verney Asser's file, I should find mention that he was discharged which would account for him not being on the CWGC? Because otherwise it's a very similar thing to Wills/Mellor: he murdered a fellow soldier yet was tried and convicted in a civil court rather than a military one. There is even a note in his file which states "Booklet and Circular War Graves not to be issues nor card to by typed".

Sorry, I shouldn't be drifting off topic like this. Ignore me.

Allie

[Terry Denham]

No, Allie. Exactly the opposite.

ASSER was executed without being discharged and so he DOES qualify for CWGC commemoration and that is why I submitted the case (now being processed).

[alliekiwi]

Oh, great. Thanks

Allie

[Terry Denham]

Having now looked at FRASER's military record, it seems that he would not qualify for CWGC commemoration as he technically died as a civilian.

If a man was listed as 'Absent Without Leave' and died during that period, he does qualify for CWGC commemoration as it is deemed that he intended to return to service.

Once a man was officially 'upgraded' and declared a 'deserter' ('illegal absentee' in AIF parlance) by the army, if he then died, he is not entitled to CWGC commemoration as he is deemed to have had no intent to return to service. However, if he had been recaptured by the army and then died, he would be entitled to commemoration as he would have been back in service.

In FRASER's case, he was declared a deserter on 28.07.19. He then committed murder and was apprehended by the civil police (not the military). He was then tried and hanged by the civil authorities without ever being returned to the military. Therefore, he died whilst still a deserter not in military custody and so, technically as far as CWGC is concerned, was a civilian.

[Auimfo]

Thanks for the clarification Terry. I didn't know that about civil proceedings - you learn something new every day

Cheers,

Tim L.

[Blackblue]

Wow...great thread and great work Tim, Bob and everyone else.

Seems pretty cut and dried to me....AIF HQ obviously decided to wash their hands of him. They must have considered he was technically no longer a member of the AIF....and was now a member of the BEF...so when in Rome...

I can just imagine the staff sitting there at AIF HQ comparing Mellor's case to that of Breaker Morant. It would certainly have made headlines if his true identity was made public. Imagine the s&^t fight that would have caused between those seeking his execution and those seeking to prevent it!! Not something that would have made for continued good relations between Australia and GB so soon after the end of the war.

Better to pretend that he never existed.

Rgds

Tim

[Auimfo]

Hi All,

Just resurrecting this to make an interesting observation.

I suddenly noticed something last night. In Mellor's service file it states that whilst if Serapeum Egypt, on 2/5/16 he was sent to the 4th Field Ambulance where he spent the next few days suffering from anaemia and rheumatism. That knowledge sent me scurrying for my Grandfather's diaries since he was with the 4th Field Ambulance until 1917. Lo and behold, what do I find - yes the 4th was at Serapeum at that time and my Grandfather was working as an orderly in the hospital tent, dispensing medicines and changing dressings etc to the handful of patients.

Therefore, although only briefly, my Grandfather and Mellor undoubtedly met each other. Fascinating coincidence I think.

Cheers,

Tim L.

[MACRAE]

Wow move over sherlock it never ceases to amaze me the research that members on the forum put in to a project once they get there teeth into it. Great i think some of you should be put on the Madiline McANN case.

Dan

[Ozzie]

Tim, great work.

No diaries exist for after the war when Grandad might have reflected on this man???

Kim

[Worcesterman]

I see that the real Richard Mellor's record (Richard Rowley Mellor) has now turned up in the Australian National Archives. He applied to enlist in February 1916, after his brother had already used his identity in 1915. Richard's application was rejected on medical grounds.

Simon

[Fedelmar]

Yes ... I was across that and Tim applied for the service record. We had already written our article for publication in the FFFAIF Digger magazine therefore that information was not included.

Bright Blessings

Sandra

[gregdaniels]

Just to add after so long. I don't see a mention of Mellors medical records. Mellor's records show that a medical board was held on the 22/8/1916 and found him to be permanently unfit for general service but fit for home service. Suffering from chronic otitis media, left ear. It was November 1916 when he went AWOL. Why was he still in the UK and not back in Australia. If he was later in the BEF as a gunner in artillery, in the days before ear protection, I think it would be enough to send a sane man mad. Anyone who has stood near a cannon being fired would know what I mean. Couple that with chronic otitis media. Maybe he should have been sent home before he went AWOL the first time and someone didn't bother to make that decision. Just a thought..

Greg

[Auimfo]

Hi Greg,

You're absolutely correct about that. He was recorded as permanently unfit and to be sent home but there is no clear indication why he was still there in November.

Cheers,

Tim L.

[gregdaniels]

I'm not trying to build a defence for this guy committing murder, however I keep thinking about his file being marked secret. Chronic otitis media places the individual at risk for intracranial complications, such as brain abscess and meningitis. he would be suffering from splitting headaches and earaches, fever and hearing loss. We know he had chronic otitis media with a perforated ear drum in August 1916 and his records marked 'home service only'. Three months before he went AWOL.

I feel his behaviour would have been affected by his symptoms. If we consider and accept his age as being 17yrs in 1916 (still a boy) then he would have had no logic to help with decision making when in pain. Probably knowing he should have been on his way home but not, I can see him taking advice from older guys suggesting he shouldn't be there anyway so just leave. At his age and condition I wouldn't think consequences would be in his thoughts.

To a Battalion Commander, one man going AWOL would not be a big issue as he would be just one of a number and a problem for the Military Police. If he was a Commander who on medical grounds should have sent a man home and didn't. That man then went AWOL after adequate time had expired for his return to Australia, rounded up, tried by military court and then allowed to escape custody, press ganged into the BEF and into, of all units with his condition, Artillery, then tried for murder and shot at dawn. I'm not sure if that would look good on his CV. I don't think politicians would want that on their CV either. Best way to hide it all is to mark the papers 'Secret' and hope that's it.

They couldn't get around the fact that had he been sent home and had proper medical treatment, the rest would not have happened. I see him and his mother as a victims of a time and system with limited due diligence and duty of care.

Has anyone seen a transcript of his trial or his defence? I would be interested in seeing it. I can't recall if his military records (BEF) are linked to this discussion.

Greg