Executed at Dawn (23 page)

Secondly, in our regret, and as we approach a new century, let us remember that pardon implies more than legality and legal formality. Pardon involves understanding, forgiveness, tolerance and wisdom. I trust that hon. Members will agree that, while the passage of time has distanced us from the evidence and the possibility of distinguishing guilt from innocence, and has rendered the formality of pardon impossible, it has also cast great doubt on the stigma of condemnation.

If some men were found wanting, it was not because they all lacked courage, backbone or moral fibre. Among those executed were men who had bravely volunteered to serve their country. Many had given good and loyal service. In a sense, those who were executed were as much victims of the war as the soldiers and airmen who were killed in action, or who died of wounds or disease, like the civilians killed by aerial or naval bombardment, or like those who were lost at sea. As the twentieth century draws to a close, they all deserve to have their sacrifice acknowledged afresh. I ask hon. Members to join me in recognising those who were executed for what they were – the victims, with millions of others, of a cataclysmic and ghastly war.

Thirdly, we hope that others outside the House will recognise all that, and that they will consider allowing the missing names to be added to books of remembrance and war memorials throughout the land.

Finally, there is one other thing that we can do as we look forward to a new millennium. The death penalty is still enshrined in our military law for five offences, including misconduct in action and mutiny. I can tell the House that Defence Ministers will invite Parliament to abolish the death penalty for military offences in the British armed forces in peace and in war. [Hon. Members: ‘Hear, hear.']

There are deeply held feelings about the executions. Eighty years after those terrible events, we have tried to deal with a sensitive issue as fairly as possible for all those involved. In remembrance of those who died in the war, the poppy fields of Flanders became a symbol for the shattered innocence and the shattered lives of a lost generation. May those who were executed, with the many, many others who were victims of war, finally rest in peace. Let all of us who have inherited the world that followed remember with solemn gratitude the sacrifices of those who served that we might live in peace.

The Secretary of State for Defence (Des Browne):
On 16 August I announced that the Government plan to seek parliamentary approval for a statutory pardon for service personnel executed for a range of disciplinary offences during the First World War. I am now taking this opportunity to confirm these plans to the House and to provide some further information on our intentions.

I have reviewed carefully the case for granting pardons and concluded that although this is a difficult issue it is right to recognise the exceptional circumstances that gave rise to these executions and to show compassion to the families who have had to live with the associated stigma over the years.

Given the paucity of records for the court martial of those executed, I have taken the view that it would not be appropriate or fair to consider individual pardons under the Royal Prerogative but that a statutory pardon for all members of the group should be introduced. This approach removes the risk of individual cases failing to meet the criteria for a pardon under the Prerogative simply because of lack of evidence.

It is the Government's intention to introduce an amendment to the current Armed Forces Bill during the Lord's Committee Stage to give effect to this. Rather than naming individuals, the amendment will pardon all those executed following conviction by court martial for a range of offences likely to have been strongly influenced by the stresses associated with this terrible war; this will include desertion, cowardice, mutiny and comparable offences committed during the period of hostilities from 4 August 1914 to 11 November 1918. Over 300 individuals from the UK, her dominions and colonies were executed under the 1881 Army Act. We will also seek pardons for those similarly executed under the provisions of the 1911 Indian Army Act, records of whose identities we have not been able to locate. We consider that it would not be appropriate to include in the pardon all capital offences and specifically the offences of murder and treason will be excluded.

In each case, the effect of the pardon will be to recognise that execution was not a fate that the individual deserved but resulted from the particular discipline and penalties considered to be necessary at the time for the successful prosecution of the war. We intend that the amendment should so far as possible remove the particular dishonour that execution brought to the individuals and their families. However, the pardon should not be seen as casting doubt on either the procedures and processes of the time or the judgement of those who took these very difficult decisions.

The pardon would apply to those sentences of execution confirmed and carried out but convictions would not be quashed. The amendment will not create any right to compensation and the Royal Prerogative of Mercy will remain unaffected.

As the amendment would affect the cases of personnel who were serving in the armed forces of a number of dominions and colonies, we are consulting with the Governments of those states or their successors on our plans. We are expecting to receive their responses shortly but I can confirm that our decision has already been welcomed by one of those principally affected. I anticipate the Government's proposal will also be warmly welcomed by the public at large and particularly by the families concerned.

(Taken from Hansard)

Motion made, and Question proposed,
That this House do now adjourn.
– (Mr McAvoy)

8.44 pm

Dr Brian Iddon (Bolton South-East) (Lab):
Many tragic stories have emerged from the two world wars of 1914 to 1918 and 1939 to 1945. Unbelievable numbers from the British Commonwealth and other men and women from across the world were lost in these conflicts. In my opinion, they were all people of great courage who were willing to put their lives on the line for this country and for freedom from tyranny.

This is the tragic story of James Smith – Jimmy to his friends – who was born in 1891 at 77 Noble Street, which today is in my constituency, and whose mother, Elizabeth, died just after he was born. He was brought up by his devoted maternal aunt, Eliza, and his uncle John in Great Lever in my constituency. Relatives John – known as Jack – and Freda Hargreaves live in Great Lever today. Jack's mother was Jimmy Smith's cousin. Jimmy's story was brought to me by Charles Sandbach and Bill Miles, who are interested in military history and who are campaigning to have Jimmy Smith's name added to the Bolton roll of honour, which is kept in the ceremonial entrance to Bolton town hall.

Mr Jim Devine (Livingston) (Lab):
As my hon. Friend knows, the same individuals have been involved in getting the name of someone from my constituency on a roll in that hall. He was 27 years old, and died in 1917, and it was not until the work that these people did in identifying where he came from and his family background that that soldier's name was proudly put on the war memorial.

Dr Iddon:
I am grateful for that intervention; it is a story that has been told to me. Indeed, these two gentleman who are interested in military history made a one-hour film about a soldier – not unlike the one I am talking about this evening – who went through the tragedies of World War One. It is a brilliant film that ought to have a wider showing than it has hitherto.

We want Jimmy to be remembered, along with his comrades, every year on Remembrance Day. Jimmy was Charles Sandbach's paternal grandmother's uncle and Charles initially sought the help of my friend Councillor Frank White, former Member of Parliament for Bury and Radcliffe, who is currently president of the Bolton United Veterans' Association, formed in 1906 before the British Legion was established, the second of many such associations to be formed that still exist today.

Private James Smith was the subject of a play,
Early One Morning
, written by Bolton playwright Les Smith and presented at the Octagon theatre in Bolton, with its first performance on 22 October 1998 to mark the eightieth anniversary of the armistice. James Smith initially enlisted in the 1st Battalion Lancashire Fusiliers in 1910, just before his nineteenth birthday, to escape the grinding poverty in which he lived at that time. Although he hardly knew his father James William Smith, who remarried, Jimmy enlisted using his father's address in Noble Street.

2022 Private James Smith trained in Egypt, then served in Karachi, India, before being recalled when World War One was declared. Among his many horrific experiences of that war was the Lancashire landing on W beach at Gallipoli on the morning of 25 April 1915, when his battalion stormed a cliff bristling with Turkish machine guns. No fewer than six of his comrades won Victoria Crosses before breakfast – still an all-time record for such awards. In scaling and taking that cliff, half the battalion were lost on that day.

After enduring the rest of that nightmare campaign, Private James Smith was evacuated in 1916 to France, where he joined volunteers in the 15th Battalion Lancashire Fusiliers, known as the Salford pals. With one good conduct badge at that time, he was soon in the thick of the action again and gained a second good conduct badge. Such were the losses on the Somme that infantrymen were regularly transferred from one regiment to another, and Jimmy was transferred to the 17th Battalion King's Liverpool Regiment, known as the 1st Liverpool pals, on 26 June 1917, with the rank of lance-corporal. He almost lost his life in France on the Somme when, on 11 October 1916, a massive German artillery shell buried him alive on the Transloy ridge, with bits of his friends around him, and shrapnel created a large deep wound on his right shoulder. According to his sister, it was big enough to put a fist in. Fortunately, he was rescued and taken home to Townleys Hospital in Bolton, but in a very poor mental and physical state from which he never recovered. The shocks and horrors of the battles that he had seen had damaged him to such an extent that he was clearly unfit for further service. Those who served with him were well aware of his condition. Today, we would recognise that Jimmy Smith was suffering from serious post-traumatic stress disorder. No such condition was recognised in the Great War, and it was believed that soldiers could recover from shell shock of that kind.

Just 10 days after he returned to the front line, and clearly under a great deal of stress, Jimmy Smith volunteered to give up his stripe and became 52929 Private James Smith. Six days later, he left his post without orders. On 29 December 1916, Jimmy found himself before a field general court martial for a breach of military discipline. He was ordered to do ninety days' field punishment number one and lost one of his good conduct badges. On 15 July 1917, just before the battle of Passchendaele in the Ypres salient, he found himself before a field general court martial for a second time for going absent without leave. He was only 26 years old.

We believe that the court recognised that Private James Smith was in no condition to fight. It spared him a death sentence on that second occasion and ordered him again to do ninety days' field punishment number one, and he lost his second good conduct badge. Unfortunately, the Army never allowed Jimmy to complete that sentence, because the 17th Battalion King's Liverpool Regiment found itself at the Pilckem Ridge, north of the famous town of Ypres. By that time, Jimmy Smith was so unwell that he could not function properly at the front, and his comrades knew it. They tried to ensure that he was given light duties, possibly out of the trenches, but to no avail.

On 30 July 1917, on the eve of the battle of Pilckem Ridge, Jimmy had a breakdown and deserted his post without orders again. At 11 pm, he was seen five miles from the front, wandering about in the town of Poperinghe, where he was arrested. A doctor at a dressing station declared him fit for duty, and Jimmy was charged with desertion. While detained in the military cells at Poperinghe Town Hall, Jimmy was ordered to undertake a two-hour drill. He refused to march and was also charged with disobedience. That was the beginning of the end of Private James Smith. The plain fact is that at that time he should have not been in action but serving his third punishment.

On 22 August 1917, Jimmy found himself before a field general court martial for the third time in seven months. Major Watson, Lieutenant Pierce and Lieutenant Collins came to a unanimous verdict of guilty on both charges. At his trial, he was unrepresented, no defence witnesses were called and he never spoke a word. Jimmy accepted his fate without fear as he was sentenced to death. The court was well aware of his medical history and could have decided to transfer him to the Labour Corps, but no; instead, it decided to make an example of an experienced regular soldier, clearly suffering from serious shell shock having experienced horrors in several battles. The brigadier confirmed sentence on 22 August, the divisional commander on 28 August and the commander-in-chief Field Marshal Haig on 2 September.

Early on the morning of 5 September, a small patrol of soldiers from Jimmy's own unit entered a barn at Kemmel Château in Belgium to clean their weapons prior to re-engagement with the enemy. They were told that, first, they had a special duty to perform, and they were taken outside into a courtyard where they found their friend, Jimmy Smith, blindfolded and tied to an execution chair in front of a wall, with a white target pinned to his tunic, just above his heart. Protesting furiously to the commanding officer, the twelve-man firing squad – eleven privates and a non-commissioned officer – was summarily ordered to execute Jimmy. The lads aimed and fired, the majority deliberately missing the target. However, Jimmy was wounded, the chair was knocked over and he lay writhing in agony on the ground.