Richmond Eil Lyon

 

 

 

 

Jun 25, 1888

Born at Ottawa Ontario

 

Aug 23, 1915

Attached to the 77th Battalion from the 42nd Regiment for “instruction”

 

Feb 2, 1916

SOS the 77th Battalion

 

Feb 12, 1916

Attached to the 109th Battalion for “duty and instruction”

 

Apr 26, 1916

Officer’s Declaration for the 109th Battalion signed at Lindsay Ontario  

Ø     Rank of Lieutenant

Ø     Next of kin given as George R Lyon (father) of 341 McLaren St, Ottawa Ontario

Ø     Former occupation given as Clerk

Ø     Currently a member of the 42nd Regiment

Ø     Former military experience given as 4 years with the 5th PLDG (Princess Louise Dragoon Guards)

Ø     Religion given as Anglican

 

Jul 20, 1916

SOS the 109th Battalion as surplus to establishment

 

Aug 16, 1916

Will made out leaving estate to Ruby H Lyon (sister) of 341 McLaren St, Ottawa Ontario

 

Aug 18, 1916

Officer’s Declaration for the CEF MD#3 signed at Kingston Ontario 

Ø     Rank of Lieutenant

Ø     Next of kin given as George R Lyon (father) of 341 McLaren St, Ottawa Ontario

o      A note was added later to also notify Miss Christine A Cameron of 200 Washington Park, Brooklyn NY, USA

Ø     Previous occupation given as Traveler

Ø     Currently a member of the 42nd Regiment

Ø     Former military experience given as 4 years with the 5th PLDG (Princess Louise Dragoon Guards)

Ø     Religion given as Anglican

 

Aug 21, 1916

Embarked the SS Olympic at Halifax Nova Scotia as part of an Officer’s Draft

  

 

Aug 30, 1916

Disembarked at Liverpool England and was posted to the General List at the Shorncliffe Camp

 

Sep 21, 1916

Posted to the 42nd Battalion and proceeded to France

 

Sep 22, 1916

TOS the 42nd Battalion

 

Nov 5, 1916

Proceeded on Lewis Gun Course at Canadian Corps School

 

Nov 15, 1916

Returned to duty from course

 

Dec 12, 1916

TOS the 21st Battalion on transfer from the 42nd Battalion 

Even though he had been placed on transfer, he remained in the 42nd Battalion billets at Ecoivres

 

Dec 16, 1916

Placed under arrest after being charged with committing a “gross indecency with a male person” while still with the 42nd Battalion.

 

Dec 30, 1916

Sentenced to 2 years Hard Labour in prison, to be Cashiered from the CEF, and all medals and awards forfeited, by trial of a General Court Martial at Aubigny France.   

This sentence was later reduced to 1 year by Field Marshal Sir Douglas Haig on January 4, 1917. 

See summary of Court Martial below

 

Jan 1, 1917

Admitted to Military Prison at Havre France

 

Jan 14, 1917

SOS the 21st Battalion 

Embarked the SS Queen Alexandra under guard and transferred to Winchester Prison, Hampshire, England

  

 

Nov 6, 1917

Embarked the SS Olympic at Liverpool

  

 

Nov 14, 1917

Disembarked at Halifax Nova Scotia

 

Court Martial Summary

 

A Court Martial was convened at Aubigny France with Brig-Gen JH, Mitchell, Third Canadian Division, as President on December 30, 1919

 

Ø     The charge against Lieut Lyon reads as follows:

o      “When on active service, committing a civil offence, that is to say, committing an act of gross indecency with a male person, in that he, on the 16th December 1919, committed an act of gross indecency with number 126783 Private Russell Harries.”

Ø     Some graphic testimony was given by 3 witnesses for the prosecution, and to quote that testimony serves no purpose here.  However, a summary of the testimony is:

§       The first 2 witnesses testified that they had seen Lieut Lyon in Lieut Lyon’s billet room with Pte Harries, one of them having entered and left the room on 3 different occasions and testifying that he saw them on the bed together on one occasion and Lieut Lyon kneeling between Pte Harries’ legs on a second trip into the room.

§       Pte Harries testified that he was not yet 18 years of age and had little experience drinking alcohol.  He said that Lieut Lyon had purchased drinks for him in an Estaminet and later purchased a bottle of wine and a bottle of Whiskey to take to his room.  The accused invited him to his room and they shared more drinks.  Pte Harries then testified that Lieut Lyon performed oral sex on him.

Ø     Lieut Lyon pleaded Not Guilty

Ø     The accused testified that he never had any sexual contact with Pte Harries, but he did admit to being in the room alone with him, and purchasing the drinks

Ø     A letter was entered into evidence from the Commanding Officer of the 42nd Battalion stating that Lieut Lyon had joined the Battalion the previous September, and had been in custody on the current charges since the 16th of December.  The letter went on to say that the accused had been placed under open arrest on December 5th on a charge of Drunkeness and was awaiting an inquiry on that charge when the current offence took place.  The last sentence in the letter reads “His work with us was not satisfactory”.

Ø     Lieut Lyon was found Guilty of the charge

Ø     He was sentenced to 2 years IHL (In Hard Labour) and to be Cashiered from His Majesty’s Service

Ø     This sentence was reduced to 1 year by Field Marshal Sir Douglas Haig on January 4, 1917

Ø     The Judge Advocate General’s office received a letter from the father of Lieut Lyon requesting a review of the Court’s procedures and the admissibility of some of the evidence

Ø     The Judge Advocate General, after a review of the procedures and evidence, upheld the validity of the testimony and the verdict.

 

An additional note:  All references to Lieut Lyon’s unit refer to him as being a member of the 42nd Battalion, and no mention is made of his transfer to the 21st Battalion, with one exception.  Lieut Lyon, in his testimony made reference to his request for a transfer and mentioned that he expected to be sent to the 21st Battalion on completion of the Court Martial.

 


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