Donald Nicholson, 1916 1
A22585
Australian Military Forces
Australian Imperial Force.
Attestation Paper of Persons Enlisted for Service Abroad.
No. 2161
Name Nicolson, Donald
Unit 3/1 Pioneer Btn
Joined on 13/3/16
Questions to be put to the Person Enlisting before Attestation.
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1. |
What is your Name? |
1. Donald Nicolson |
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2. |
In or near what Parish or Town were you born? |
2. In the Parish of Sleat near |
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3. |
Are you a natural born British Subject or a Naturalized British Subject? |
3. Yes (Nat born BS) |
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4. |
What is your age? |
4. 29 yrs |
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5. |
What is your trade or calling? |
5. Sailor Labourer |
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6. |
Are you, or have you been, an apprentice? If so, where, to whom, and for what period? |
6. No |
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7. |
Are you married? |
7. No |
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8. |
Who is your next of kin? (Address to be stated) |
8.Mrs Bella Nicolson (mother) 9 |
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9. |
Have you ever been convicted by the Civil Power? |
9. No |
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10. |
Have you ever been discharged from any part of His Majesty’s Forces, with Ignominy, or as Incorrigible and Worthless, or on account of Conviction of Felony, or of a Sentence of Penal Servitude, or have you been dismissed with Disgrace from the Navy? |
10. No |
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11. |
Do you now belong to, or have you ever served in His Majesty’s Army, the Marines, the Militia, the Militia Reserve, the Territorial Force, Royal Navy or Combat Forces? If so, state which, and if not now serving, state cause of discharge |
11. No |
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12. |
Have you ever stated the whole, if any, of your previous service? |
12. Yes |
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13. |
Have you ever been rejected as unfit for His Majesty’s Service? |
13. No |
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14. |
Do you understand that no Separation Allowance will be issued in respect of your service beyond an amount which, together with Pay, would reach eight shillings per day? |
14. Yes |
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15. |
Are you prepared to undergo inoculation against small-pox and enteric fever? |
15. Yes |
I, Donald Nicolson do solemnly declare that the above answers made by me to the above questions are true, and I am willing and hereby voluntarily agree to serve in the Military Forces of the Commonwealth of Australia within or beyond the limits of the Commonwealth.
*And I further agree to allot not less than two-fifths of the pay payable to me from time to time during my service for the support of my wife ----- three fifths wife and children
Date 13/3/16 [Signed]
Donald Nicolson
Signature of person enlisted.
* This clause to be amended where necessary and should be struck out in th case of unmarried men or widowers without children under 18 years of age.
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2
Certificate of Attesting Officer.
The foregoing questions were read to the person enlisted in my presence.
I have taken care that he understands each question, and that his answer to each question has been duly entered as replied to by him.
I have examined his naturalization papers, and am of opinion that they are correct.
(This is to stuck out except in the case of persons who are naturalized British Subject).
Date 13/3/16
[Signed] FV Thompson Lt
Signature of Attesting Officer.
Oath to be Taken by Person Being Enlisted.*
I, Donald Nicolson swear that I will well and truly serve our Sovereign Lord the King in the Australian Imperial Force from 13th March until the end of the War, and a further period of four months thereafter unless sooner lawfully discharged, dismissed, or removed therefrom; and that I will resist His Majesty’s enemies and cause His Majesty’s peace to be kept and maintained; and that I will in all matters appertaining to my service, faithfully discharge my duty according to law.
SO HELP ME, GOD
[Signed] Donald Nicolson
Signature of Person Enlisted.
Taken and subscribed at Newcastle in the State of New South Wales this 13th day of March 1916, before me –
[Signed] HV Thompson Lt.
Signature of Attesting Officer.
*A person enlisting who objects to take an oath may make an affirmation in accordance with the Third Schedule of the Act, and the above form must be amended accordingly. All amendments must be initialled by the Attesting Officer.
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Description of Donald Nicolson on Enlistment.
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Age: 29 years ----- months. |
Distinctive Marks Tattoo ship on left forearm. |
Certificate of Medical Examination.
I have examined the above-named person, and find that he does not present any of the following conditions, viz: –
Scrofula; phthisis, syphilis; impaired constitution; defective intelligence; defects of vision, voice, or hearing; hernia; haemorrhoids; varicose veins, beyond a limited extent; marked varicocele with unusually pendent testicle; inveterate cutaneous disease; chronic ulcers; traces of corporal punishment, or evidence of having been marked with the letters D or BC; contracted or deformed chest; abnormal curvature of spine; or any other disease or physical defect calculated to unfit him for the duties of a soldier.
He can see the required distance with either eye; his heart and lungs are healthy; he has the free use of his joints and limbs; and he declared he is not subject to fits of any description.
I consider him fit for active service.
Date 13/3/16
Place Newcastle
[Signed] CH Whiting, Capt AAMC
Signature of Examining Medical Officer.
Certificate of Commanding Officer.
I certify that this Attestation of the above-named person is correct, and that the required forms have been complied with. I accordingly approve, and appoint him to 3rd Rfs 1st Pioneer Battn.
Date 2.5.16
Place Sydney
[Signed] JH McGowen St
Commanding 3/1 P Battn.
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Statement of Service of No. 2161
Name Donald Nicolson
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Unit in which served. |
Promotions, Reductions, Casualties, &c. |
Period of service in each rank. |
Remarks |
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From– |
To– |
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Depôt Camp West Maitland |
Private |
17.3.16 |
4.4.16 |
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Pioneer Re (?) |
Pte |
4.4.16 |
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Extract from the proceedings of a Field Gen: Court Martial:– Committing a civil offence, that is to say, sodomy, in that he on board HMAT “Clan McGillivray”, on the 24th May at about 2330 did attempt to have carnal knowledge of No 5762 Pte TM Milne of the 18/13 Ball: Found guilty and sentenced to 12 months IHL |
26.6.16 |
Pl-II 13/4273 18/8/16 |
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Embarked for Aust per HT “Borda” at Suez for completion of sentence of 12 months hard labour. |
17.8.16 |
Letter Central Registry |
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Disgraceful conduct in that he on board HMAT “Clan McGillivray” did attempt to commit sodomy. Remanded for FGCM. |
Pl-II 12/A 258,10/8/16 |
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Extract from the proceedings of a Field General Court Marshall:– |
Committing a civil offence that is to say, sodomy, in that he on board HMAT “Clan McGillivray”. &c (as above) |
Pl-II 13/ A273 18/8/16 |
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To Australia per HT “Bolda” ex Suez 17-8-16, to undergo sentence of 1 year IHL |
Pl-II 15/ A281 31/8/16 |
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Taken on Strength (Detention) of 1st Div Depot Tel-el-Kebir |
5.7.16 |
Pl-II 15/ A284 31/8/16 |
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Discharged from Detention Barracks Cairo, to be transferred to Australia per HT “Borda”. |
17.8.16 |
Pl-II 16/ A290/7/9/16 |
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4th Pioneer |
Return to Australia per HS Karoola For Change GW Head |
Southampton 16.10.16 |
Pl-2/0 37/721E 21/11/16 |
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I have examined the above details and find them correct in every respect.
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“C”
Charge Sheet
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Army Act |
The accused No 2161 Private D Nicolson Committing a civil offence, that is to say Attempting to commit Sodomy. In that he, |
…… June 1916.
[Signed] PJ Higgins. Major.
Commanding Officer.
14th NSW Training Battn AIF.
[Signed] EE Righetti. Major.
President.
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(1)
COPY
81/4/22
“Clan MacGillivray”,
At Sea, 25th May, 1916.
From/ OC Troops, A.46.
To/ GOC A.I.F.,
EGYPT.
I forward herewith, Charge Sheet and Depositions taken at an enquiry which I held on the 25th May, in reference to the same. 2
I did proceed with the case, beyond the preliminary inquiry, because:—
(1) Non of the officers with the troops have sufficient service, to qualify them as members of a District Court Martial.
(2) The alleged offence being punishable by ordinary law (AA 41)., I cannot dispose of it summarily.
I have therefore decided to take the accused to Egypt for trial, in accordance with the provisions of paras, 3 & 4, Order in Council, respecting discipline on board HM Ships. (Martial Law page 729).
(Signed) John Hooper. Colonel.
OC Troops. A. 46.
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(2)
COPY
81/4/22
“Clan MacGillivray”
At Sea, 25th May, 1916.
SUMMARY OF EVIDENCE.
Depositions taken at an Enquiry held by Colonel J. Hooper, OC Troops, A 46, on board HMAT “Clan MacGillivray” on the 25th May, 1916, on the charge of “Attempted Sodomy” made against No. 2161 Private NICHOLSON, D of the 3/1st Pioneers.
No 5726 Pte MILNE, TM of the 18/13th Battalion, duly sworn said–
I was asleep last night on my hammock spread on the deck (C Troop Deck) near the Canteen.
I had my trousers on, fastened round the waist by my waist belt. When I awoke, the accused, Pte Nicholson had my trousers pulled down below my knees, and had his arms around my waist, with his penis exposed, and was attempting to commit SODOMY on me.
I jumped up and hit him several times. In my excitement I shouted out and swore.
Several men jumped out of their hammocks and crowded round.
The accused was lying near me when I went to sleep. At that time he had his clothes on. When I woke, he had only a singlet on.
25/5/16
(Signed) TM Milne.
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(3)
COPY
81/4/22
No 2119 Pte FEICHNEY [aka Faichney], D of the 3rd/4th Pioneers, duly sworn in, said:–
I was on guard at No 12 Post, on “C” Deck, from 10 pm till 12 pm last night 24th inst. I saw Pte Milne punching Pte Nicholson.
Pte Milne said that Pte Nicholson had attempted to commit sodomy on him.
Pte Milne had his pants on, but they were pulled down below his knees.
Private Nicholson had no pants on.
I did not notice if Pte Nicholson’s person was exposed.
25/5/16
(Signed) D Faichney.
-----
No 5709 Pte KNIGHT, A 18th/13th duly sworn in deposed:–
When I went to bed last night, Pte Milne had his trousers on. When he jumped up, he asked Nicholson what he meant. Milne had his trousers down his legs below his knees at this time. Milne punched Nicholson. Nicholson did not retaliate but just sat down. I could not then see how Nicholson was dressed, as he pulled the blanket over himself.
Milne accused Nicholson, of attempting to commit Sodomy on him. Milne was, when I saw him first, under the same blanket as Nicholson.
I was not quite asleep, but was dozing off when Milne moved to get up. This awakened me and I saw that Milne was under the same blanket as Nicholson. I was lying next to Milne.
25/5/16
(Signed) A Knight.
-----
Lieut AE HARPER, of the 3rd/4th Pioneers, duly sworn in, deposed:–
On the 24th inst, I was Orderly Officer of the day, and was making the rounds of the ship about 11-30 pm.
I was aft, above “C” Troop Deck, when I heard voices below on “C” Deck. I went down below and saw the accused and Pte Milne. Milne was excited and was accusing Nicholson of attempting to commit Sodomy on him.
I also saw Milne strike the accused on the face. Nicholson did not retaliate.
I ordered the men to keep still, and I then went and found the officer of the Guard and reported to him.
When I first went down on “C” Deck, Milne was holding his trousers up with one hand. Nicholson was clothed in singlet only, and his nakedness was exposed.
25/5/16
(Signed) AE Harper, 2/Lieut.
-----
Lieut MacGIBBON, of the 3rd/4th Pioneers, duly sworn deposed:–
I was on deck at 11-30 pm last night as Officer of the Guard, and the Orderly Officer, Mr Harper, informed me that there was a disturbance on the “C” Troop Deck. I immediately went with Mr Harper to “C” Troop Deck. I called out “What is the cause of the disturbance”. Pte Molne [sic] stood up and sais “The man who was lying next to him on the Port side of the deck, Pte Nicholson, had attempted to commit Sodomy on him”. He also told me that he had gone to bed with his trousers on, but that he was awakened with his trousers pulled down, and that the man (Nicholson) had his penis out.
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(4)
COPY
81/4/22
When I saw Nicholson on the Deck, he had no trousers on, but was wrapped in a blanket. He (Nicholson) seemed to be asleep, when I first saw him, and I tapped him on the shoulder. He then got up and I saw that he had no trousers on.
A sentry was at the water tank on C deck, about 18 feet away from where the offence is said to have been attempted. It would be possible for the sentry to see from this position, anything that may have taken place. I immediately went to the sentry and asked him if he had noticed any unusual occurrence. I took Pte Spencer WW and Lieut Harper with me, when I spoke to the sentry. The sentry told me that he saw the young fellow strike Nicholson, and Nicholson did not retaliate. He also said that Nicholson was in the other mans bed. The man Nicholson, was not camping with his own unit. Mr Harper and I, immediately reported the matter to the Adjutant, at about 11-45 pm on the 24th and the Adjutant ordered Pte Nicholson to be placed in the cells, and Pte Milne to be placed in the Guard Room.
25/5/16.
(Signed) JG MacGibbon.
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No 2161 Pte NICHOLSON, D 3rd/1st Pioneers, stated:–
I went to sleep on the middle of the hatch on “C” Troop Deck, about 8-30 pm last night. (24th May).
I have slept there during the whole voyage along with Sergeant Munro.
Pte Milne was alongside of me. There was no one on the other side.
I may have been in Milne’s bed when Milne awakened me, as I am restless in my sleep.
When Milne woke up last night and struck me, I thought I was after wetting the bed, as I do sometimes, as I have a weak bladder. I would never do what I am accused of.
I have not been sleeping on the hatch during the whole voyage, but slept there during the cold weather. I went on deck to sleep when the weather became warm, but the rain on the night of the 23rd drove me below, and so I slept below again last night.
I did not strike you back when you hit me, because I thought I had wet the bed.
25/5/16.
(Signed) Donald Nicholson.
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Private Milne Stated:–
Accused did not say anything about wetting the bed, when I struck him and asked him, what he meant by attempting Sodomy on me
25/5/16
(Signed) T Milne.
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No 2139 Sgt MONRO, A of the 3rd/1st Pioneers, duly sworn deposed:–
During two nights during the voyage before we reached Fremantle, I slept on the hatch, under the stairs, on “C” Deck. During those two nights the accused, Pte Nicholson was sleeping near. I have not slept near him since that time.
25/5/16
(Signed) Sgt Monro. A.
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Lieut McGOWEN. JH 3rd/1st Pioneers, duly sworn deposed:–
I am the Officer commanding 3rd/1st Pioneers, and have known the accused, Pte Nicholson from about the 10th April last. He is not a man on whom reliance can be placed as a soldier, but at times his conduct is satisfactory. He is addicted to drink. I have received no complaints as to his general conduct. My remarks above are based on my general observation. He was not crimed while in camp, as far as I know, but when we were embarking on the 3rd inst I had to admonish him, for using threatening language to Sgt
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(5)
COPY
81/4/22
Doyle. At that time he seemed to be under the influence of drink.
25/5/16.
(Signed) JH MacGowen.
Lieutenant.
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Rules of procedure 4 (CD & E) were duly complied with.
Taken before me on the HMTS A46 “Clan MacGillivray” this 25th day of May, 1916.
(Signed) John Hooper. Colonel.
OC Troops. A46.
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Army Form A3
Form for Assembly and Proceedings of Field General
Court Martial on Active Service.
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PROCEEDINGS.
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* State the place and country. |
At * Tel-el-Kebir, this 23rd day of June, 1916. Whereas it appears to me, the undersigned, an officer in Command of CT and GB Depot on active service, that the persons named in the annexed Schedule, and being subject to Military Law, have committed the offences in the said Schedule mentioned. |
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‡ Omit except where convening Officer is not a Commanding Officer and is below rank of Field Officer. |
And I am of opinion that it is not practicable that such offences should be tried by an ordinary General Court Martial; ‡ (and that it is not practicable to delay the trial for reference to a superior qualified Officer.) I hereby convene a Field General Court Martial to try the said persons, and to consist of the Officers hereunder named. |
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Omit if not applicable. |
I am unable to appoint |
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2
Schedule.
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Date 23 June 1916.
No. -----
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Name of Alleged Offender (a) |
Offence charged |
Plea |
Finding, and if Convicted, Sentence (b) |
How dealt with by Confirming Officer |
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Not more than six names to be entered on one form |
No 2161 Private Nicolson D 3rd/1st Pioneer Battalion. |
Section 41 |
NOT GUILTY. |
GUILTY |
CONFIRMED. |
(a) If the name of the person charged is unknown, he may be described as unknown, with such addition as will identify him.
(b) Recommendation to mercy to be inserted in this column.
(Sgd) JM Arnott. Lt Col.
Convening Officer.
Commandant CT and GB Depot
(Sgd) EE Righetti.
President.
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3
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B. Certificate of President as to proceedings. |
I certify that the above Court assembled on the 23rd day of June 1916, and duly tried the persons named in the said Schedule, and that the plea, finding, and sentence in the case of each such person were as stated in the third and fourth columns of that Schedule. |
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Omit if not applicable. |
I also certify that |
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Signed this 23rd day of June 1916. (Sgd) EE Righetti, Major. |
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C. Confirmation |
I have dealt with the findings and sentences in the manner state in the last column of the said Schedule, and subject to what I have there stated, I hereby confirm the above findings and sentences. |
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To be omitted unless the Confirming Officer desires that the sentence be suspended. * |
(I direct that the soldier named in the margin – No 2161 Pte D Nicholson 3rd/1st Pioneers. – be not committed to prison until further orders) |
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Signed this 26th day of June 1916. |
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(Sgd) JM Arnott, Lt Col |
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Promulgation to be entered here |
Promulgated and extracts taken at Tel-el-Kebir this 27th day of June 1916. (Sgd) PL Elwell, Lieut. |
* Sentences can only be suspended under the Army (Suspension of Sentences) Act, 1915, when the accused is employed on active service beyond the seas.
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4
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D. Confirmation of reserved sentences. |
I have dealt with the reserved findings and sentences in the manner stated in the last column of the Schedule, and, subject to what I have there stated, I hereby confirm the said reserved findings and sentences. Signed this ----- day of ----- 19– . General [Field] Officer in the Force. |
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E. Confirmation of sentence of death or penal servitude. |
Subject to what I have stated in the last column of the Schedule, I hereby confirm the [finding and] sentence of death in the case of ----- , and of penal servitude in the case of ----- |
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* Omit where confirmed by Officer in Chief Command. |
[* and in the case of of the above sentences of death I am of opinion that by reason of † ----- |
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Signed this ----- day of ----- 19– . General [Field] Officer in Chief Command of the Forces. |
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2.
COPY.
Proceedings of a Field General Court Martial held at Tel-al-Kebir on the 23rd day of June 1916 by order of Lt Colonel J Arnott. Commanding CT&GBD dated 23rd of June. 1916.
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PRESIDENT.
Major EE Righetti, 2nd LH Training Regt.
MEMBERS.
Captain EE Stuckey. 1st LH Training Regt.
Captain FA Beale. CT & GBD
At 11.45 am the Court re-assembles for the trial of No 2161 Pte Donald Nicolson 3rd/1st Pioneer Battn.
The Charge Sheet and Summary of evidence are laid before the Court.
Lieut CW Boorn appears as Prosecutor and takes his place.
The above named accused is brought before the Court.
The Charge Sheet is signed by the President marked “C” and attached to the proceedings.
Q1. Are you Guilty or Not Guilty of the Charge?
A1. Not Guilty.
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CASE FOR THE PROSECUTION OPENS.
1st witness.
No 5726 Private Thomas Milne 3 18/13th being duly sworn states:—I recognise the accused now before the Court. On the night of the 25th May 1916 I was sleeping on “C” Troop deck of the HMA Transport “ Clan Macgillivray” I went to bed with my trousers on about 2030 and I have my waist belt fastened round my waist. The accused private Nicolson laid his hammock alongside mine, and when I went to sleep he had his trousers on, about 2330 I was awakened by Nicolson trying to commit sodomy on me. He had my trousers down his arm around my waist and his penis exposed. I jumped up and asked him what he meant and as he did not answer me I struck him several times and swore in my excitement. Nicolson did not retaliate pretty well all the men who were sleeping around woke and were looking on, the officer of the day came down and asked what was the occurrence. I told him what had happened and Nicolson denied it, and Nicolson then shifted his hammock a few yards further away. The officer of the day then went up on deck and brought the Guard down and took us both to the Guard Room, we were tried next morning. I do not dream at night. I was sleeping on my stomach. I felt his penis near me and it was erected. It did not enter.
By the accused.
Q2. What made you shift your statement from the 24th and say it took place on the 25th May?
A2. I did not quite remember.
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2.
COPY.
Q3. Did you not state to the Colonel on the 25th that I had one leg over you?
A3. No.
Q4. Is it possible for a man to pull your trousers down, below your knees without you being aware of it.
A4. My waist belt was loose, and I am a sound sleeper.
Q5. Did you ever see me before that night?
A5. No.
Q6. How did you get under my blanket?
A6. I was not under your blanket.
Q7. Did you sleep under your own blanker?
A7. Yes.
Q8. Did you sleep under your own blanket with your coat belt and pants on?
A8. Only with my belt and pants.
Q9. What made you think that I was going to do anything to you?
A9. Because your penis was erect.
Q10. Can you prove that I had my pants on when I went to sleep?
A10. Yes.
By the Court.
Q11. Were the hammocks laid on the deck.
A11. Yes.
Q12. Was there a canteen on board?
A12. Yes.
Q13. Do you drink intoxicating liquor?
A13. No I never drink intoxicants.
Q14. At this time of night 2330 was it very light?
A14. There was a bright electric light close by.
Q15. Do you generally sleep on your stomach?
A15. No generally on my side. I was on my stomach at this time, as his arm had pulled me over, and this woke me up.
Q16. Were you close together, and did you believe accused meant to do something to you?
A16. The hammocks were close together and there was only a few inches between us and from his proximity I was sure he intended to commit sodomy.
Q17. Had his penis touched you at all?
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3,
COPY.
A17. Yes I felt it between the cheeks of my buttocks.
Q18. Do you think the accused was drunk?
A18. No he was quite sober.
Re-examined by accused
Q19. Had you your blankets when I went to bed and where were they?
A19. Yes – they were laid out on my hammock and I was laying on them.
Q20. Had you your blankets over you or under you.
A20. I was between the blankets.
Accused declined to put any further questions to witness. Witness withdraws.
Rule 83(b) has been complied with.
At 2.30 pm the Court re-assembles.
Officer under instruction, Captain Eric James Lexton 10th Bn attached to CT & GB Depot attending for instruction is duly sworn and takes his seat.
2nd witness.
No 2119 Pte Duncan Feichney 3/4th Pioneers being duly sworn states:—I recognise the accused now before the Court as Pte D Nicolson. I was on Guard the night of the occurrence, it was between 2200 and 2400 I saw Pte Milne strike Pte Nicolson and accused him of attempting to commit sodomy on him, when I first saw Pte Milne his pants were hanging down. Pte Nicolson had no pants on. It was very light, there being a bright light overhead. I was quite close on No 12 Port and could see plainly, when I arrived the person of accused was not exposed, he had no pants on.
By accused:–
Accused declines to ask any questions.
Witness withdraws.
Rule 83 (b) has been complied with.
3rd witness.
No 5709 Pte Albert Knight 4 18/13th Battn being duly sworn states:—I recognise accused now before the Court, on the night of the 24th May last on “C” Troop deck of HMAT “Clan Macgillivray” when I last saw Pte Milne he had his trousers on. When he jumped up out of bed his trousers were down below his knees he then asked Nicolson what he was trying to do. Nicolson did not answer Pte Milne then accused him of trying to commit sodomy. Milne then punched Nicolson. Nicholson did not retaliate, but sat down and pulled the blankets around him. I could not then see how Nicolson was dressed as he had the blanket round him. I was not quite asleep at the time that Milne jumped up out of bed. I was just dozing off when Milne jumped up which awoke me.
I could see then that Nicolson was under the same blankets with Milne. I was sleeping alongside of Milne – there was no agreement between Milne and Nicolson prior to going to bed about blankets. Nicolson was under Milne’s blanket.
By accused.
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4.
COPY.
Q21. How do you know I was under Milne’s blanket?
A21. Because I saw you.
Q22. How did you know Milne’s blanket?
A22. He had two, one was on the bed and after Milne jumped up the top blanket fell down at the foot of the bed.
Q23. When Milne lay down which way were his blankets placed?
A23. One was on top and one underneath.
Q24. Which way did you notice, there were two under one blanket.
A24. When Milne jumped us.
By the Court.
Q25. Was Milne in between your self and accused?
A25. Yes, the men were lying pretty close together.
Q26. Had you three been camped together on other nights during the voyage?
A26. No – previous to that night, accused had been sleeping away.
Q27. You were sleeping alongside Milne during the voyage, do you know him to be a heavy sleeper?
A27. Yes.
Q28. Previous to Milne jumping up, had you noticed anything unusual?
A28. No.
Q29. When you laid down to sleep, on which side were you sleeping?
A29. On my left side facing Milne.
Q30. Which side was Milne sleeping on?
A30. He was laying on his belly with his head on his folded arms.
Q31. Which side was Nicolson sleeping on?
A31. He was laying on his right side when he went to sleep.
Re-examined by accused.
Q32. How did you know I was sleeping on my right side?
A32. Because I lifted up my head and looked.
Q33. When Milne laid down did he put his blanket on top of his hammock?
A33. Yes.
Accused declined to put any further questions. Witness withdraws.
Rule 83(b) has been complied with.
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5.
COPY.
4th witness.
Lieut Albert Edward Harper, 3/10th Pioneers being duly sworn states:—
I recognise the accused now before the Court, on the 24th May 1916 I was Orderly Officer of the day on board the HMAT “Clan McGillivray” I was making the rounds of the ship, about 2330 and I was aft above “C” Troop deck and heard voices below. I went down and saw the accused and Pte Milne. Milne was accusing Nicolson of attempting to commit Sodomy on him. Milne was excited I saw Milne hit the accused. Nicolson did not retaliate. Nicolson was clothed in a singlet only and was exposed up to his penis. I reported the matter to the officer i/c of the Guard, after ordering the men to remain quiet. I then went down with the officer of the Guard and witnessed both men being placed in the Guard Room. Nicolson was saying something when I arrived but could not understand what it was. I did not notice anything wrong with accused, he was in a normal condition. Milne was holding his trousers up with the left hand. I took it as an admission of guilt that accused did not hit back, when I returned with the officer of the Guard I am under the impression that accused had laid down again; I do not know if the accused was examined by the Medical Officer that night or not.
By the Court.
Q34. When Milne hit Nicolson did he hit him many times and were the blows hard?
A34. I saw him strike accused once. I cannot say if the blow was hard.
Q35. Had the accused an erection of the penis when you saw him?
A35. No.
Accused declines to put any questions to witness. Witness withdraws.
Rule 83(b) has been complied with.
At 15.30 case for prosecution closes.
For the Defence.
The accused elects to give his statement on oath which is then duly administered he then states:– On the night of the 24th May 1916, the skies being cloudy I slept between decks, under the ventilator. About ten past eight I spread my hammock on the deck and put one blanket on it. My overcoat I placed under my head, pulled off my dungaree jacket and my pants, this includes the belt I also put under my head. I had been laying there for about half an hour, when I felt a draught coming down the ventilator so I got up shifted my bed right alongside of Pte Milne. I had never seen the man in my life before. I am also certain he had on [sic] blankets over him. I do not think I was long before I went to sleep. I got to sleep very quickly I was awoke by Milne making a sudden jump out of bed. I put my hand down on my bed to see if I had wet the bed. By that time I got one blow on the side of the face followed by another. I did not like to get up, for to defend myself, as I was under the impression that I had wet the bed and I did not want to be a laughing stock to the other members of the unit. After Pte Milne had accused me of attempting to commit sodomy, I shifted over to the
~ ~ ~ ~ ~
6.
COPY.
other side of the hatch and I was wondering what he meant, as I found my own bed clothes were dry. Then I was taken off to the Guard Room by an officer and men of the Guard. The next morning I appeared before the Colonel who remanded me for a Court Martial, all the crime is against me. I have to say I am quite innocent. I have never seen Sodomy done in my life.
By the Prosecution.
Q36. On this night were you sleeping in your usual place?
A36. No.
Q37. Do you know if you were in Milne’s bed when you woke up and were you restless.
A37. I do not know I am not generally restless.
Q38. Are you weak in the bladder, and are you in the habit of having connection with women?
A38. I am weak in the bladder, but not so bad as I used to be. I do have intercourse.
Q39. Had you been dreaming?
A39. No.
Q40. Are you subject to nocturnal emissions and are you weak about that part of the body?
A40. Sometimes. I am not weak in that part of the body.
Q41. Did you say anything when Milne struck you?
A41. Yes but he may not have heard me as he took no notice.
By the Court.
Q42. How far was the ventilator from Milne’s bed?
A42. About 13 feet.
Q43. When Milne jumped up had you an erection?
A43. No – I had been sound asleep.
The accused withdraws from the place from which he has given his evidence.
The Prosecutor does not make an address.
The accused calls the following witness as to character:—
Lieut Joseph Henry McGowen 3/1st Pioneer Battn being duly sworn states:—I hand this written statement which is read to the Court marked “D” [see below] an attached to the Proceedings.
Accused declines to ask witness any questions.
Prosecutor declines to ask any questions.
Not examined by the Court. Witness withdraws.
Rule 83(b) has been complied with.
The Court is closed for the consideration of the finding.
~ ~ ~ ~ ~
7.
COPY.
FINDING The Court find that the accused no 2161 Pte Donald Nicolson is GUILTY OF THE CHARGE
On re-assembling the Finding is communicated to the accused. The Court being re-opened the accused is again brought before it.
Lieut CW Boorn is duly sworn.
Q44. Have you any evidence to produce as to the character and particulars of service of the accused.
A44. I produce this statement.
The witness hands in the statement which is read to the Court marked “E” 5 and attached to the proceedings.
Accused declines to ask witness any questions.
The Court is closed for consideration of the sentence.
~ ~ ~ ~ ~
HMAT Clan MacGillivray. A46.
“D”
Lieut McGowen JH 3rd/1st Pioneers, duly sworn, deposed:—
I am the officer commanding the 3rd/1st Pioneers and have known the accused Pte NICOLSON from about the 10th April last. He is not a man on whom reliance can be placed as a soldier but at times his conduct has been satisfactory. He is addicted to drink. I have received no complaints as to his general conduct. My above remarks above are based on my general observation. He was not crimed while in camp, as far as I know, but when we were embarking on the 3rd inst, I had to admonish him for using threatening language to Sergeant Doyle. At that time he seemed to be under the influence of liquor.
[Signed] JH McGowen. Lieut.
25-5-16.
Rules of Procedure 4(c) (d) & (e) were duly complied with.
Taken before me on HMT A 46 Clan Mc Gillivray this 25th day of May 1916.
[Signed] John Hooper. Col.
O/C Trooper. A46.
~ ~ ~ ~ ~
SENTENCE. THE COURT SENTENCE THE ACCUSED NO 2161 PTE DONALD NICOLSON TO BE IMPRISONED WITH HARD LABOUR FOR 12 (Twelve) CALENDAR MONTHS.
Signed at Tel-el-Kebir this 23rd day of June 1916.
(Sgd) EE Righetti. Major
President FGCM
~ ~ ~ ~ ~
General Officer Commanding.
A & N Z Training Centre.
- - - - - - - - - - - - - - - - - - - - - - - - -
The Commander-in-Chief has directed that the sentence of one years IHL passed on No 2161 Pte J Nicolson 3/1st Pioneer Battalion AIF, be put into execution. This is in confirmation of my telegram No DJAG 4016 of todays date.
It is doubtful whether the accused should have been charged with an attempt to commit sodomy. A charge of indecent assault would have been preferable.
In such cases the summary should be submitted to the DJAG at GHQ, for the drafting of the charges.
The Commander-in-Chief wishes to know why there was so long a delay in bringing the man to trial.
GHQ, EEF
6/7/16
[Signed] N Ainsworth. Lt Col.
AAG for DAG
- - - - -
Ref No AF 4/553
9th July 1916
1062
Headquarters.
Australian Training Depot.
For your information and report please as to delay in bringing this man to trial.
Tel-el-Kebir..
8/7/16.
[Signed] RW Rawlins. Major
Act/ DAA & QMG.
A & NZ Training Centre.
~ ~ ~ ~ ~
BRN 20/478
Extract from Court-Martial Proceedings in the case of No 2161 Pte D Nicolson 3rd/Reinforcements
CHARGE SHEET:—
The accused No 2161 Pte D Nicolson 3rd Reinforcements a soldier of the Australian Imperial Force stationed at ----- is charged with:–
WHEN ON ACTIVE SERVICE
Army Act Committing a civil offence, that is to say attempting to commit Sodomy
Sect 41. in that he
at Sea on board HMA Transport “Clan MacGillivrary” [sic] No A 46 on the 24th day of May 1916 at about 11-30 o’clock pm did attempt to have carnal knowledge of No 5726 Private TM Milne of the 18th Reinforcements of the 13th Battalion on the “C” troopdeck of the above named troopship.
June 1916
(Sgd) PJ Higgins Major
Commanding Officer
14th NSW Training Battn AIF
----
(Sgd) EE Righetti Major
President.
FINDING
The court finds that the accused No 2161 Pte Donald Nicolson is GUILTY OF THE CHARGE
SENTENCE
The court sentence the accused No 2161 Pte Donald Nicolson 3rd Rfts to be imprisoned with hard labour for 12 (Twelve) calendar months.
Signed at Tel-el-Kebir this 23rd day of June 1916.
(Sgd) EE Righetti Major
President FGCM
~ ~ ~ ~ ~
24/4/17
Army Form C 355
3brd
S. 12 mths IHL
a. 7.7.1916
Rel 24-4-1917
Dis 22.6.1917
To accompany Form of Commitment C. (Army Form C 385)
when the Commitment is to a Military Prison or Detention Barrack.
—————
The soldier under sentence 2161 Pte Nicolson D of the 3rd Rei/1st Pioneer Regiment, was tried by Field General Court Martial at Tel-el-Kebir. The original sentence was signed on the 23rd day of June 1916.
|
June 8 |
The Charge, Finding, Sentence, and Minute of Confirmation, were as follows:– (Sgd) JM Arnott Lieut-Colonel Commandant The Sentence has been modified subsequent to confirmation, as follows:– |
|
* Insert “has” or “has not,” as the case may be. Here insert a notification of any orders which may have been issued for the soldier’s disposal on expiration of sentence, such as relegation to the Army Reserve, transfer to another Corps, &c. |
The soldier’s general character is Good. His discharge from the service * has not been approved. † (Signature) [Signed] PJ Higgins Major ——————— MEDICAL OFFICER’S CERTIFICATE. I CERTIFY that I have carefully examined 2161 Pte Nicolson D and find him free from rupture and any other disease, and in a fit state of health to undergo his punishment. Signed HL (Deane ?), Capt AAMC |
† If the detention is subsequently approved, an immediate notification is to be made to the Governor of the Prison, or Commandant, Detention Barrack.
~ ~ ~ ~ ~
AUTHENTICATED DESCRIPTION OF THE SOLDIER.
Regimental No and Name: 2161 Pte Nicolson D
Date and Place of Enlistment: 13/3/16 Newcastle, NS Wales.
Trade on Enlistment: Sailor.
Religious Denomination: Presbyterian. Country: Scotland.
Age: 28 Years 10 Months.
Married or Single: Single.
If Married, state whether with or without leave -----
Has served since Enlistment, all periods included:– At Home
----- Years 4 Months } Abroad.
Height: 5 Feet 10 Inches.
Complexion: Dark Marks: -----
Hair: Black Can read: Yes
Eyes: Blue Can write: Yes.
Subsisted to ----- by -----
The Soldier ----- of the -----
†----- his Dinner Meal previously to his delivery into Custody as shown above.
† Insert “had” or “had not” as the case may be.
———————
PARTICULARS of previous convictions by Courts-Martial.
|
Date of Trial |
Description of Court |
Offence |
Sentence |
Remarks |
|
— |
— |
— |
— |
— |
Signed -----
Commanding -----
~ ~ ~ ~ ~
Army Form C 385.
(Form C.)
Form of Order for Commitment to Prison, Military of Civil (or to a Detention Barrack), of Persons subject to Military Law, sentenced either in or out of the United Kingdom for imprisonment.
—————————
To the governor or chief officer in charge of (a) Gabbani prison (or detention barrack) at Cairo Cairo Alexandria
Whereas 2161 Pte Nicolson D of the 3rd Rein 1st Pioneer Bn regiment was by a (b) Field general court-martial held at Tel-el-Kebir convicted of the offence of (c) committing a civil offence that is to say attempting to commit sodomy and, by a sentence signed on the 23rd day of June 1916, sentenced (d) to be imprisoned with * hard labour for 12 calendar months commencing on the aforesaid day, and such sentence has been confirmed by Lt Col JM Arnott as required by law. (e)
Now, therefore, I, the undersigned, the (f) Officer who confirmed the sentence do hereby, in pursuance of the Army Act, and of all other Acts and powers enabling me to this behalf, order you to receive the said person into your custody and detain him to undergo the said sentence according to law, and for so doing this shall be your warrant.
Signed at Tel-el-Kebir this fifth eighteenth day of July 1916
Signature) JM Arnott Lt Col
C/dant Aus Trg Depot
(a) Insert “His Majesty’s” or as required according to title of prison.
(b) Insert as required “general,” district.”
(c) If there are several offences, state all of them. An offence should be stated in the words of the charge on which the soldier was convicted, but if modified by the finding, as so modified; omitting the statement of particulars containing the details of time, place, and circumstance.
(d) Substitute, where the original sentence was death or penal servitude which has been commuted to imprisonment, “to suffer death, and such sentence has been confirmed by -----
“as required by law, but has been commuted into imprisonment for ----- with† ----- hard labour, commencing on the aforesaid day,” or “to suffer ----- years penal servitude, and such sentence has been confirmed by ----- , as required by law and has been commuted into imprisonment for ----
with † hard labour, commencing on the aforesaid day.”
† If the commutation does not specify hard labour, alter “with” into “without.”
(e) Add, if necessary, “with a remission of ----- ,” or “but has been mitigated by the omission* of the “hard labour,” or as the case may be.
(f) In the United Kingdom, “commanding officer of the said soldier,” or “officer who confirmed the sentence,” or “general officer commanding-in-chief (or officer in charge of administration of the command where the said soldier is,” or “commander of the coast defences (or station) where the said soldier is,” or “the Army Council.”
In India, “commander-in-chief of the forces in India,” or “adjutant-general in India,” or “general (or other) officer in command (or assistant Adjutant-general) of the division in or with which the said soldier is,” or “general (or other) officer in command (or assistant adjutant-general) of the division in or with which the said soldier is,” or “general (or other) officer in command (or assistant adjutant-general) of the division in or with which the said soldier is,” or “general (or other) officer in command (or deputy-assistant adjutant-general) (or brigade-major) of a brigade which does not form part of any division, in or with which the said soldier is,” or “officer who confirmed the sentence,” or “commanding officer of the said soldier.”
In a colony, “officer commanding the forces in the colony of ----- ,” or “officer who confirmed the sentence,” or “commanding officer of the said soldier.”
If the sentence was passed in a foreign country, “officer commanding the army (or force) to which the said soldier belonged at the time of being sentenced,” or if the soldier is brought into the United Kingdom, India, or a colony, any officer before in this note respectively mentioned.
~ ~ ~ ~ ~
Extract from O/C Ships Report Transport A46 Clan McGillivray 27.5.16. Defence No 323/2/376
.......... On the 25th inst, No 2161 Private Nicolson, D of the 3rd/1st Pioneers, was charged with attempting to commit Sodomy on the person of No 5726 Pte Milne, TM.
After holding an enquiry into the case, I decided to confined Pte Nicolson, as a close prisoner, pending his disembarkation at Suez (Order in Council respecting Discipline on Board HM Ship’s [sic], paras 3 & 4 on page 729, Military Law).
I decided on this course (1) because the offence is a civil one, under S41 AA, and consequently I cannot deal with it myself (2) because no Officer with the Troops has sufficient service to qualify him as a member of a District Court Martial.
The feeling of the Troops is very strong against Private Nicolson, and he is safe only in close confinement.
~ ~ ~ ~ ~
AIF 129/8/182.
Prisoners returned to Australia. 6
|
No |
Name and Unit. |
Date of Trial |
Sentence |
Ordered to Australia. |
||
|
No. 85 |
Trooper R Sapwell, 13th Light Horse. |
29.6.16 |
12 months IHL |
20.7.16. |
||
|
Charges: Absence (2 charges) An Act to the prejudice (2 charges) Attempting to escape. Absenting himself at Tel-el-Kebir 0n 27-5-16; was arrested same day in Cairo. Escaped from Guard-room on 2-6-16, was arrested at Suez with a false pass, and again tried to escape on 18.6.16 when in arrest at Tel-el-Kebir. |
||||||
|
No. 2161 |
Private D Nicholson, 3/1st Pioneer Battalion. |
23.6.16 |
12 months IHL |
20.7.16. |
||
|
|
Charge: Attempting to commit sodomy. This man Indecently assaulted another soldier on HMT Clan Macgillivray on 24/5/16 |
|||||
[Handwritten note] Original – Sapwell’s file
~ ~ ~ ~ ~
To Camp Commandant
Austr Training Depot.
Re 2161 Pte NICOLSON D 3rd/1st Pioneers
I have to report that this man embarked at Sydney on 3rd May 1916, his offence was commetted at sea on the 24th May. He disembarked under escort, at Suez on the 13th June 1916, arrived at Tel-el Kebir & his crime sheets and statements of evidence were handed to Major Higgins O’CLOCK 14th Training Battn and he was tried by Field General Court Martial, on 23rd June.
JH McGowen 2 Lt.
OC 3rd Reinfts 1st Pier Battn
Tel-el-Kebir
10th July 1916
~ ~ ~ ~ ~
C 54
C/M 1064
GOCA and NZ Training Centre.
Private D Nicholson 3/1st Pioneer Battn.
Reference to your memorandum re above I have the honor to report that according to evidence there was no delay whatever in bringing this case to trial except that it was necessary to postpone it for three days viz June 20th to 23rd while the court dealt with another case in Cairo.
By 2nd Lieut McGowan’s Statement, accused was only disembarked at Suez on the 13th June.
Application in the first place for FGCM was received by this office on June 15th and returned on the same day for alteration.
Papers were received again on the 20th and trial came on the 23rd after the Court returned from Cairo.
Your instructions re drafting charges are noted and will be followed in future cases
(Sgd) JM Arnott. Lt Colonel.
Commandant. Australian Training Depot.
Tel-el-Kebir.
10th July, 1916
~ ~ ~ ~ ~
[Handwritten note] Borda 19/9/16
Army Form C393.
120/8/210
Form O.
Order for Removal of Soldier from one public Prison
(or Detention Barrack) to another.
—————————
To the Superintendent of the Detention Barracks, Citadel, Cairo.
Whereas 2161 Pte D Nicholson of the 1st Battalion Regiment AIF is now in your custody undergoing a sentence of imprisonment passed by court-martial
I, the undersigned, being the (a) Commandant AIFHQ (Egyptian Section) do hereby in pursuance of the Army Act, and of all other Acts and powers enabling me in this behalf, order you to deliver the said soldier to the officer or non-commissioned officer presenting this order.
And I do hereby order the said officer or non-commissioned officer, and all officers and non-commissioned officers into whose custody the said soldier may be delivered, to keep the said soldier in military custody, and convey him in military custody in such manner as may be directed by military authority to the ----- prison (or detention barrack) at Australia there to undergo the remainder of his sentence, and for so doing this shall be sufficient warrant.
Signed at Cairo this 24th day of July, 1916.
(Signature) [Illegible] Colonel
Commander
Australian Imperial Force Headquarters
Egypt.
(a) In the United Kingdom: “General Officer Commanding-in-Chief (or officer in charge of administration of) the command where the said soldier is;” or “general (or other) officer commanding the district (or division) (or independent brigade) in or with which the said soldier is;” or “commander of the coast defences (or station) where the said soldier is;” or “The Army Council,” or “officer who confirmed the sentence.”
In India or a colony: In India “Commander-in-Chief of the Forces in India,” or “adjutant-general in India,” or “general (or other) officer in command (or assistant adjutant-general) of the division in or with which the said soldier is;” or “general (or other) officer in command (or deputy-assistant adjutant general) (or brigade major) of a brigade which does not form part of any division, in or with which the soldier is,” or “officer who confirmed the sentence”; or “commanding officer of the said soldier”; or “officer commanding the military district (or station) where thesaid soldier is.” In a colony: “Officer commanding the forces in the colony of ----- ,” or “officer who confirmed the sentence;” or “commanding officer of the said soldier;” or “officer commanding the military district (or station) where the soldier is.
Also, if the sentence was passed in a foreign country; “Officer commanding the army (or force) to which the said soldier belonged at the time of his being sentenced.”
~ ~ ~ ~ ~ 7
AIF 120/8/182.
(Copy)
From: The Deputy Judge-Advocate-General,
Egyptian Expeditionary Force.
To: The Minister of Defence,
Melbourne, Australia.
General Headquarters
25th July, 1916.
Sir,
In accordance with instructions received from the War Office, London, I have the honor to forward particulars of trials held in this Force on the undermentioned members of the Australian Imperial Forces, who have been ordered to Australia to serve their sentences.
No 85 Tpr D Sapwell, 13th Light Horse Regiment
No 2161 Pte D Nicholson, 3/1st Battalion.
I have the honor to be,
Sir,
Your obedient Servant.
(Signed) W Percy Major,
Deputy Judge-Advocate-General,
Egyptian Expeditionary Force.
[Handwritten note] Original in Sapwell’s file.
~ ~ ~ ~ ~
Kit inventary, 2161 Pte Nicolson, D 3/1st Pioneers.
Tunics 2
Boots Pairs 1
Hats 1
Putties Pairs 1
Great coat 1
Pants pairs 2
Underpants 2
Towels 1
Soxs [sic] pairs 2
Singlets 2
Blankets 1
Waterproof sheets 1
Razors 1
Shaving brush 1
Tooth brush 1
Mess tin 1
Knife, fork & spoon 1
Leather equipment complete excepting Water bottle & entrenching tool handle.
Black kit bag 1
Holdall 1
Dungaree Suits 2
Shirts 2.
~ ~ ~ ~ ~
120/8/210
MILITARY FORCES OF THE COMMONWEALTH.
2nd MILITARY DISTRICT.
2nd Military District
District Head-quarters, 67/1/364
Victoria Barracks,
Sydney, 20th September, 1916.
The Secretary,
Department of Defence,
M E L B O U R N E
I forward here-with the papers received with No. 2161 Private D. NICHOLSON
of the 1st Battalion, AIF, who was interned sentenced by Field General Court Martial in Egypt to imprisonment for twelve months from 23/6/16.
He arrived by the “Borda” on 19th instant and was handed over to the Civil Authorities on 20 instant. I would recommend that I be instructed to discharge this man.
[Signature illegible] Brigadier-General,
Commanding Second Military District.
[Following are handwritten notes]
AG 22/9/16
Noted on schedule
Not known whether this man has made an allotment or has a separation allowance.
Reply DC to be discharged forthwith if he has made no allotment & no separation allowance is being paid. Otherwise to be discharged at termination of sentence of or sooner if accused released before for good conduct.
~ ~ ~ ~ ~
AG 2 MR
AIF 120/8/210.
26th September, 1916.
82851
Commandant,
2nd Military District.
With reference to your 67/1/364 of 20th instant forwarding papers received with No. 2161 Private D Nicholson 1st Battalion, Australian Imperial Force, you are informed that this man is to be discharged forthwith if he has made no allotment and no separation allowance is being paid. Otherwise he is to be discharged at the termination of his sentence or sooner if release before the expiration of his sentence for good conduct.
[Initial illegible] Colonel
for Adjutant General.
[Handwritten note] AG 2 29/9/16
~ ~ ~ ~ ~
67/1/364
MILITARY FORCES OF THE COMMONWEALTH.
2nd MILITARY DISTRICT.
(Address) -----
(Date) 20th October, 1916.
Defence AIF 120/8/280
The Secretary,
Department of Defence
M E L B O U R N E
With reference to your AIF, 120/8/210, No. 82851, of the 26th ultimo, I have to inform you that Private D NICHOLSON, had made no separation allowance, and that arrangements are being made to issue his discharge dated the 5th instant.
[Signature illegible] BRIGADIER-GENERAL,
Commanding Second Military District.
[Handwritten note] AG 25/10/16
~ ~ ~ ~ ~
|
NAME, District Rank and Unit. |
No. 2161 Pte D Nicholson, 3/1st Pioneer Btn. 2ndM. |
|
SENTENCE. |
12 months imprisonment with hard labour. 23/6/16. |
|
DATE OF SENTENCE. |
23/6/16. |
|
DATE REFERRED TO COMMITTEE. |
18/1/17. |
|
RECOMMENDATION OF COMMITTEE AND DATE. |
That no remission be granted 7/2/17. |
|
ACTION. |
Approved by Minister 15/2/17. |
|
DATE FOR RELEASE. |
----- |
~ ~ ~ ~ ~
Record of Offences in Prison or Detention Barrack & Punishment Awarded
|
Dates |
Particulars of Offences during imprisonment or Detention |
Punishments awarded |
|
4.8.16 |
Communicating |
3 days No. 2 PD |
Record of Applications by Soldier under sentence to the Govenor or Commandant, Visitors, &c.
|
Date |
Nature of Application |
Decision |
|
22.7.16 |
Complaints about his sentence |
His sentence is 12 months & was promulgated to him 28th June 1916 See copy Petition attached 8 |
Number of nights, if any, since promulgation of sentence, on which the soldier was actually deprived of his mattress, viz., From ----- 19 to ----- 19
~ ~ ~ ~ ~
Precis of Service of No 2161, Spr D Nicholson, 1/pnr Bn.
For the Information of the Medal Board.
3.5.16 Embarked
13.6.16 Disembarked Tel-el-Kebir for detention. Tried by FGCM. Sentence – 12 months IHL for disgraceful conduct on board the Troopship. (Attempted Sodomy)
16.9.16 Returned to Australia..
5.11.15 Discharged. (Disciplinary).
WAR GRATUITY:– No claim – DFO 2nd MD
AUTOMATICALLY FORFEITS [Initial illegible]
~ ~ ~ ~ ~
MILITARY FORCES OF THE COMMONWEALTH
2nd Military District
Telephone –
Please quote this number when replying
67/1/364
(Address) Victoria Barracks, Paddington
(Date) 26th February, 1917.
Defence AIF
120/8/467
The Secretary
Department of Defence,
M E L B O U R N E.
With reference to your AIF 120/8/312 of the 21st instant, PRIVATE D NICHOLSON was discharged on the 5th October, 1916 in compliance with your AIF 120/8/210 of 26th September, 1916
[Signature illegible]
BRIGADIER-GENERAL,
Commanding Second Military District.
[Handwritten note] AG 2/3/17
~ ~ ~ ~ ~
Army Form B103.
Casualty Form – Active Service.
Regiment or Corps:– 3/1 Pioneer Battn.
Regimental No 2161 Rank:– Pte Name:– Nicholson D
Enlisted 13/3/16 Terms of Service:– ----- Service reckons from:– -----
Date of promotion to present rank:– ----- Date of appointment to lance rank:– ----- Numerical position on roll of NCOs:– -----
Extended:– ----- Re-engaged:– ----- Qualification:– -----
|
Report |
Record of promotions, reductions, transfers, casualties, etc., during active service, as reported on Army Form B. 213, Army Form A. 36, or in other official documents. The authority to be quoted in each case. |
Place |
Date |
Remarks taken from Army Form B. 213, Army Form A. 36, or other official documents. |
||
|
Date |
From whom received |
|||||
|
|
S.S. Clan McGillivray Disembarked |
13/6/6 |
A.P. 9118 |
|||
|
O.C. 1st Div Depot On Strength Detention |
Tel-el-Kebir |
5/7/16 |
L.P 4 0/15/284 |
|||
|
undated |
OC 14th TB |
Crime Disgraceful conduct in that he on board HMAT Clan McGillivray did attempt to commit sodomy |
Tel-el-Kebir |
undated |
DO/12/A288 |
|
|
O.C. 1st Div. Troops Depot |
Finding of F.G.C.M: Guilty. Sentenced to 12 months I.H.L. Confirmed and signed J.M. Arnott LtCol. CMDg C.T.&G.B. Depot 26/6/16 |
Tel-el-Kebir |
27/6/16 |
29/4/49 0/13/A273 |
||
|
24/8/16 |
Detention barracks Cairo |
Discharged |
Cairo |
— |
AL3807; 0/16/290; 253/1/2009 |
|
|
19/8/16 |
Nom Roll HT Borda AIF HdQrs |
Returned to Australia per HT Borda 17/8/16 to undergo 1 year IHL ex Suez |
Cairo |
17/8/16 |
127/3/8/; 0/15/A281 |
|
~ ~ ~ ~ ~
Transferred to
AUSTRALIAN IMPERIAL FORCE.
|
No:– Rank:– Name:– Unit:– Casualty:– |
2161 Spr Nicolson, D 1st Pioneer Btn Disciplinary Returning Australia “Borda”, left Suez 17.8.16, due Melb 15.9.16 CEBC 651/6895A Dd Cairo 21.8.16 |
Form B103 Received.
|
Date. |
Purport. |
|
16.9.16 |
Ret’d “Borda” from Egypt to 2nd MD (Disciplinary) |
War History Index. [Initial illegible]
~ ~ ~ ~ ~
Donald Nicholson, Gaol photo sheet 9
![SRNSW: NRS2467, [3/6094], State Penitentiary photographic description book, 29 Aug 1916-15 Dec 1916, No. 15283, p. –.](../../images/trials/1916-Nicholson-6094-gaol-photo-15283.jpg "SRNSW: NRS2467, [3/6094], State Penitentiary photographic description book, 29 Aug 1916-15 Dec 1916, No. 15283, p. –.") |
Gaol Photo Sheet - Transcribed Details
No. 15283
Date when Portrait was taken: 22-9-1916
Name: Donald Nicholson
|
Native place: Scotland Year of birth: 14-9-1887 Arrived Ship: Arctic Stream Trade or occupation Religion: Presbyterian Education, degree of: R & W Height: 5' 10½" Weight On committal: 168 Colour of hair: Dark Brown Colour of eyes: Blue |
Marks or special features: Thistle & Ribbon with “Scotland” thereon outside left forearm. Full rigged ship inside left forearm. “True Love” above clasped hands inside right forearm. Birthmark over left eyebrow |
|
(No. of previous Portrait ... ) CONVICTIONS |
|||||
| Where and When | Offence. | Sentence | |||
|
Water PC Field General Court |
25 23 |
9 6 |
1915 1916 |
Absent from ship Attempt to commit Sodomy |
6 weeks H.L. 12 months HL |
1 NAA: A471, 6617 , AIF Court Martial, 23 Jun 1916.
2 Mn: Pte Nicholson.
3 Thomas Matthew Milne, born Newcastle NSW. Enlisted at Dubbo NSW with next of kind his father Thomas George Milne. A digital copy of Milne’s service record can be viewed on the http://www.naa.gov.au website.
4 Albert Knight, born Louth NSW Enlisted at Dubbo NSW, with next of kind his mother Elizabeth Knight. A digital copy of Knight’s service record can be viewed on the http://www.naa.gov.au website.
5 Statement “E” is not included with the NAA file received.
6 Emphasis added.
7 Emphasis added.
8 A copy of the petition was not part of the file received.
9 SRNSW: NRS2467, [3/6094], State Penitentiary photographic description book, 29 Aug 1916-15 Dec 1916, No. 15283, p. –.