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McCombs
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Summary of Court Martial July 5, 1917 Archives
Canada holding Reference:
RG150 - Ministry of the Overseas Military Forces of Canada, Series 8, File 240-M-56,
Microfilm Reel Number T-8691
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On July 5th 1917 a Field General Court Martial was convened
at Lillers France, with Lieut Col DE Williams of the Royal Field Artillery acting as
President, with Lieut j Burnett of No 1 Corps Cyclist Battalion as the Court Member. Charge
Plea
– Guilty Four
witnesses who were in the dugout with Pte McCombs all testified that he was cleaning his
rifle when they heard the rifle go off. Pte
McCombs was immediately tended to as his arm was bleeding badly. One of the witnesses stated that he examined the
rifle after the wound was dressed and found an empty shell in the chamber and 2 live
rounds in the magazine. In a
statement by Pte McCombs, he testified that he had just returned from a work party where
he had been digging in the mud, most likely digging trenches. He stated that his rifle was muddy and needed
cleaning. In a statement of character, he
related that he went over the top at the attack at Vimy Ridge and had participated in
several bombing raids on the enemy. Found
Guilty and sentenced to 24 days Field Punishment No 1. Summary of Court Martial May 26, 1919 Archives
Canada holding Reference: RG150 - Ministry of the Overseas Military Forces of Canada, Series 8, File 240-M-56, Microfilm Reel Number T-8691 |
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On
May 26, 1919 a Field General Court Martial was convened with Major HA Milton MC, of the
2/23rd London Regiment acting as
President. The other 2 Court members were
Captain JMB Stancomb of the Devonshire Regiment and Captain S Parry of the Royal
Artillery. Charge Number 1
When
on active service “Committing an offence against the person of an inhabitant of the
country in which he was serving at Paris, on 4-1-19, assaulted MJM Leguier, with intent to
rob him. Plea
– Not Guilty Charge Number 2
(Alternative) When
on active service “Committing an offence against the person of an inhabitant of the
country in which he was serving, at Paris on 4-1-19, assaulted MJM Leguier. Charge Number 3
When
on active service “When in lawful custody escaping, at Etaples, on 7-1-19, escaped. Plea
– Not Guilty The
first 2 witnesses were the arresting officers and they testified that while on duty in
Paris, they heard a cry for help and when they approached the area they discovered Mr
Leguier struggling with a soldier who they identified as the accused. Mr Leguier told the them that the soldier had
tried to pick his pocket and that he was assaulted when he resisted. They testified that when they placed the soldier
under arrest, he broke free and struck Mr Leguier before being restrained again, and
delivered to the local police station. The
3rd witness was Mr Leguier who testified that he had entered a urinal and the
soldier had followed him in and demanded a franc as a souvenir. When he replied that he had no money, the soldier
put his hand in his pocket and a struggle ensued, which spilled outside of the urinal
where the 2 policemen arrived and placed the soldier under arrest. He went on to say that he had been assaulted a
second time outside while the soldier was in the custody of the 2 policement. Thomas
McCombs testified on his own behalf, stating that when he entered the urinal, he was
struck on the back of the head for no reason by Mr Leguier and that is when the struggle
occurred. When he left the urinal, Mr Leguier
began shouting and the police arrived and placed him under arrest. Under
cross examination he testified that after his arrest he was turned over to the English
Military Police and taken to the Infantry Base Depot at Etaples and eventually admitted to
No 57th General Hospital. When
questioned, he admitted to leaving the hospital without permission. A
5th witness, Lieut AW Beament testified that the accused was not under any
suspension or punishment at the time of the assault.
He also testified that the accused had been absent on several occasions. Pt
McCombs declined to make any statement about his character. The
Court found him Not Guilty on Charges 1 and 3, but Guilty on the 2nd
Charge of assaulting Mr Leguier. He was
sentenced to 6 months Imprisonment, in Hard Labour. Note that the sentence was reduced as noted above on August 31 and September 28, 1919
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