Tuesday 25 April 2017

Scotland's Objectors and Resisters, continuing

Five more First World War COs and what happened to them: 
A Glasgow anarchist who survived into his 80s, a dedicated doctor (and rugby footballer); one "missing presumed killed"; one  suicide; and an ILP activist who (probably) got away.

1. More information is available about Willie McDougall (1894-1981) than about many of his fellow COs.



From the Pearce Register:
William C McDougal
Age 22.1
Birth year 1894
Year 1916
Address
Address 2 Glasgow
Local authority Glasgow City
County Lanarkshire
Country Scotland
Latitude 55.85
Longitude -4.25
Ordnance Survey reference NS590650
Fugitive Yes
Motivation Communist Anarchist
Military Service Tribunal MST (Military Service Tribunal) Central Tribunal at Wormwood S. 21.9.16 - CO class A, to Brace Committee
Central Tribunal               Central Tribunal Nos. W.1589 Class: A - Genuine
War Service (?) 3 (R) Highland Light Infantry CM (Court Martial) Currie 1.9.16 - 1yr.HL (With hard labour) com.28 days (?), Wormwood S.
War Service comments Brutality case
Magistrates Court Arrested beaten up by local police, tried and handed over 1916
Magistrates Court comments Absentee
Prison Wormwood S.
Work Centre HOS (The Home Office Scheme, administered by the Brace Committee) Denton Road Board Camp; Dartmoor 31.7.17 - absconded on a bike and rode back to Glasgow
WO363 false
Notes *Spelling in NA/MH47/1 Central Tribunal Minutes, 'McDougall'
Sources NCF (No-Conscription Fellowship)/COIB Reports 105 29.8.18; J.T.Caldwell (1988); Not found in NA/WO363; Possibly NA/WO86/71/161; Obit. Bob Jones 'William C. McDougal'*, History Workshop Journal, 13, Spring 1982, pp.205-207; NA/MH47/1 Central Tribunal Minutes.
Record set Conscientious Objectors' Register 1914-1918 [Pearce Register]

                             [* Surname is McDougall in the body of the HWJ article]

Robert Duncan tells a little more of the story, referring to the obituary by Bob Jones (image above) to highlight how McDougall tried to organise a strike at Dartmoor in support of a victimised fellow-worker, and then escaped the work camp, encouraged by others, by cycling part of the way to Plymouth and from Wakefield to Glasgow, where he successfully eluded arrest and resumed his political activity. Jones describes him as a life-long libertarian and non-sectarian and an advocate of anti-authoritarian socialism.

Willie McDougall (aged 20) is said to be standing at the back

   Willie MacDougall got on his bike - or rather, the Centre's bike - and cycled back to Glasgow from whence he had come. There was no ambiguity about his position. He had been preaching anti-parliamentary communism and anti-militarism when he was arrested. He simply went back and continued the good work - for the next sixty-six years, when he died, still in harness.
 - John Taylor Caldwell, Come Dungeons Dark, 1988, pp.155-6


2. MacCallum, John Cameron  (name as in 1913 Medical Register Great Britain online).

In Objectors and Resisters (p. 109) Dr MacCallum is described as an Edinburgh graduate in Arts and Medicine who in his early 30s had become Medical Officer of Health for Argyllshire, specialising in tuberculosis, as well as having been a Scottish rugby international. He chose to become a CO rather than seek occupational exemption, and was one of those sent to do noxious work in appalling conditions at an ‘artificial manure’ manufacturers in Broxburn, near Edinburgh. There he was himself victimised after he had spoken out against abusive treatment of the workers and was accused of exerting a bad influence. A letter of protest about his arrest and recall to the army was addressed to the Home Office in May 1917, but in spite of this and of the concern expressed in Parliament as below, he was returned to Perth prison, where he served a third sentence in 1918.

Record set          Conscientious Objectors' Register 1914-1918:
John C Dr? McCallum
Occupation         Doctor and TB officer for Argyllshire
Age        32
Birth year            1884
Year       1916
Address               Muckairn Manse*
Address 2            Taynuilt
Local authority  Lorn County District
County Argyllshire
Country                Scotland
Latitude               56.42
Longitude            -5.24
Ordnance Survey reference        NN000310
Absolutist            Yes
Motivation          -
Military Service Tribunal                MST (Military Service Tribunal) Central Tribunal at Calton CP (Civil Prison), Edinburgh, 1.9.16 - CO class A, to Brace Committee
Central Tribunal                Central Tribunal Nos. W.1143 Class: A - Genuine
War Service        Argyll and Sutherland Highlanders, Depot Stirling CM (Court Martial) Stirling 15.6.16 - 6 months HL (With hard labour) com.to 112 days Perth CP (Civil Prison); to HOS (The Home Office Scheme, administered by the Brace Committee); returned to unit; CM (Court Martial) Perth 28.6.17 - 18 months HL (With hard labour); CM (Court Martial) Kinsale 13.5.18 - 18 months com.6 months
Prison   Perth CP (Civil Prison) 19.6.16 to 28.8.16 to Edinburgh; Perth CP (Civil Prison) 3.7.17 to 29.4.18 to Stirling; Dumfries CP (Civil Prison); By Jan.1919 had served 2/3 sentences and more than two years (10 months HOS (The Home Office Scheme, administered by the Brace Committee)).
Work Centre      HOS (The Home Office Scheme, administered by the Brace Committee) Wakefield; Messrs Rough and Sons, Artificial Manure manufacturers, Broxburn, Edinburgh; 10 months HOS (The Home Office Scheme, administered by the Brace Committee)
Work Centre comments               Rejected/rejected by HOS (The Home Office Scheme, administered by the Brace Committee) (?); Q in H 14.6.17 and 18.6.17 asked by T. E. Harvey re his skills being 'wasted' on HOS (The Home Office Scheme, administered by the Brace Committee)
WO363 false
Notes    *Father's address; Q in H 18.6.17 also referred to his being 'one of the finest football players who has ever played in Scotland'
Sources                COH33 21.6.17 p.407 and 411; NA/WO86/70/124, 76/151, 82/64; Letter from his father 6.7.17 in T.E.Harvey MP ([Military Prison Member of Parliament]) Correspondence Friends House Temp.Mss.835 Box.4; FH/FSC(1916/20)/SER3 - COIB Two Year Men, SER3 - COIB Two Year Men Draft List NAS/HH31/29/1 - COs in Scottish Prisons July 1916; NAS/HH31/29/6 - Central Appeal Tribunal 1.9.16; NAS/HH21/47/16 Perth Prison Register; NA/MH47/1 Central Tribunal Minutes FH/SER/VOPC/Cases/5(1432)

The questions in the House, and the answers they received, such as they were, run as follows (the first is "written", hence the repetition):

CONSCIENTIOUS OBJECTORS.
HC Deb 14 June 1917 vol 94 cc1148-50W 1148W

asked the Home Secretary whether Dr. J. C. M'Callum, a graduate of Edinburgh University, medallist and holder of the Monat scholarship, executive tuberculosis officer for the county of Argyll, holding the diploma of public health, and having specialised in the treatment of tuberculosis, has been employed by the Home Office Committee on Employment of Conscientious Objectors, first at Wakefield and then as a labourer in the manufacture of manure for Messrs. Rough and Sons, Broxburn, Edinburgh; whether, in consequence of a breach of workshop discipline. 1149W this employment has been terminated; and whether, in the national interest, he will consider the possibility of employing this specialist on public health work under whatever financial conditions the Committee's regulations impose instead of on work for which he is not fitted or instead of sending him back to court-martial and prison?
John M'Callum has been employed as stated. His employment has been terminated, not for one, but for several breaches of discipline. The Committee on the Employment of Conscientious Objectors have recommended his recall to the Army, and the case is now out of their hands. Dr. M'Callum has never applied to the Committee to be released in order to take up employment as a doctor, but he and members of his family have made applications for him to be allowed to do ploughing and similar work for relatives.

CONSCIENTIOUS OBJECTORS.
HC Deb 18 June 1917 vol 94 cc1407-9 1407
32. The HON. MEMBER [Mr. Harvey]
asked the Home Secretary whether Dr. J. C. MacCallum, a graduate of Edinburgh University, medallist and holder of the Monat scholarship, executive tuberculosis officer for the county of Argyll, holding the diploma of public health, and having specialised in the treatment of tuberculosis, has been employed by the Home Office Committee on Employment of Conscientious Objectors, first at Wakefield and then as a labourer in the manufacture of manure for Messrs. Rough and Sons, Broxburn, Edinburgh; whether, in 1409 consequence of a breach of workshop discipline, this employment has been terminated; and whether, in the national interest, he will consider the possibility of employing this specialist on public health work under whatever financial conditions the Committee's regulations impose, instead of on work for which he is not fitted or instead of sending him back to court-martial and prison?
John MacCallum has been employed as stated. His employment has been terminated, not for one but for several breaches of discipline. The Committee on the Employment of Conscientious Objectors have recommended his recall to the Army, and the ease is now out of their hands. I understand that Dr. MacCallum has never applied to the Committee to be released in order to take up employment as a doctor, but he and members of his family have made applications for him to be allowed to do ploughing and similar work for relatives.
Will the right hon. Gentleman consult the Under-Secretary of State for War on the matter? Is he aware that this man is one of the finest football players who has ever played in Scotland? Will he get some details and put him to useful work?
§Sir G CAVE 
It is a matter of recommendation.
Mr. HARVEY 
Will the right hon. Gentleman consider that this Committee should employ doctors for medical work in view of the great need for doctors in the country? Is it not uneconomical that they should be employed on making mail bags and artificial manures?
§Sir G. CAVE 
If applications were made for their services no doubt they would be considered.
Mr. HARVEY 
Is it not their duty to find out for themselves?
Would it not be better to employ as medical men doctors who are not shirkers?
§Mr. HOGGE 
He is not a shirker.
Does the right hon. Gentleman consider this an instance of scientific organisation?

John MacCallum's father wrote to Mr. Harvey on 6th July 1917, referring to his having been good enough to ask the above Parliamentary Question, and informing him that John had been court-martialled at Perth and sentenced to 18 months, reduced to one year. Describing his son's imprisonment as a gross injustice and a pure loss to the nation, the Rev. Malcolm MacCallum asserted that John had undertaken and performed the disagreeable work that was given him and asked: "Why not allow him to serve in a Hospital under civil control? No penalty can break down his objection to military service." (Correspondence in Friends House Library, Euston, Temp. MSS 835/M/1 Box 4).


3. James Edny Sangster also served time in Perth prison, and while there was, along with James Maxton (Edinburgh), the subject of adverse comment by Scottish Prison Commissioner Dr James Devon, as previously noted:
In my opinion Sangster is more than a little daft, and Maxton more insane than sane. Neither is accessible to reason. They are alike in their exaggerated egoism and in their want of a sense of proportion, and I should not be at all surprised if either or both of them become certifiably insane.’  
James Sangster avoided that outcome (unlike perhaps about 30 other COs), but  his fate was nevertheless a tragic one, after he apparently abandoned his conscientious objection: sent to France in July 1917, "missing presumed killed" a month later.  

James Ednie [/Edny] Sangster
Marital status    Married (3 [children])
Occupation         Upholsterer
Age        32
Birth year            1884
Year       1916
Address               72, Church Street
Address 2            Dundee
Local authority  Dundee City
County Forfarshire Angus
Country                Scotland
Latitude               56.47
Longitude            -3.04
Ordnance Survey reference        NO360320
Service number                S/21209
Motivation          'Quaker' and 'No religion' [Being designated a Quaker in prison could mean a chance to communicate with the outside world via sympathetic chaplains
Military Service Tribunal                MST (Military Service Tribunal) Refused to use Tribunal system because 'they can't judge a man's conscientious claims.' (Evening Telegraph 25.7.16)
War Service   11 Gordon Highlanders (S/15126), CM (Court Martial) Bridge of Allan 23.8.16 - 2yrs.HL (With hard labour), Barlinnie CP (Civil Prison). Quit his CO - Re-joined the colours, 25.4.17, 42 TRB; Transferred to Argyll and Sutherland Highlanders (S/21209) 11.6.17; to France 20.7.17 Missing 22.8.17 presumed killed - Tyne Cot Memorial
War Service comments Refused to sign
Magistrates Court            Arrested, tried at Dundee Police Court 25.7.16, fined 40/- and handed over
Magistrates Court comments     Absentee
Prison   Barlinnie CP (Civil Prison) 28.8.16 to 12.10.16 released to HOS (The Home Office Scheme, administered by the Brace Committee), Ballachulish; Duke Street 8.1.17 to 13.1.17 transfer to Perth; Perth CP (Civil Prison) 13.1.17 to 25.4.17 to Tillicoultry
Work Centre      HOS (The Home Office Scheme, administered by the Brace Committee) 12.10.16 to Ballachulish; transferred to Army Reserve Class W 2.11.16; refused the work at Kinlochleven/Ballachulish and sent to Duke Street CP (Civil Prison) to serve the remainder of his sentence.
WO363 false [actually true according to Sources, confirmed by records online]
Sources                NCF (No-Conscription Fellowship)/COIB Report XXX; NA/WO86/71/123; NAS/HH21/70/55 Barlinnie Register 1916-1919; NAS/HH21/32/137 Glasgow Duke Street 1916-18; NA/WO363 - on line (Detailed file); CWGC; NAS/HH21/47/16 Perth CP (Civil Prison) Register; Dundee Courier 26.7.16 re.trial; Evening Telegraph 25.7.16 re.trial;
Record set          Conscientious Objectors' Register 1914-1918

4. The case of Alexander Campbell', another 'Quaker' (although the term was sometimes used generically for COs in prison) and an ILP member, was arguably more tragic still.

Record set          Conscientious Objectors' Register 1914-1918:
Alexander Neil Campbell
Age        25
Birth year            1891
Year       1916
Address               531 Cathcart Road
Address 2            Glasgow
Local authority  Glasgow City
County Lanarkshire
Country                Scotland
Latitude               55.85
Longitude            -4.25
Ordnance Survey reference        NS590650
Absolutist            Yes
Motivation          ILP (Independent Labour Party) (Govanhill Branch); Quaker
Military Service Tribunal                MST (Military Service Tribunal) Central Tribunal at Wormwood S. 10.11.16 - refused to accept HOS (The Home Office Scheme, administered by the Brace Committee) conditions
Central Tribunal                Central Tribunal Nos. W.2024 Refused HOS
War Service        Depot R.Scots Fusiliers, Ayr; CM (Court Martial) Ayr 20.10.16 - 112 days HL (With hard labour), Wormwood S.; CM (Court Martial) Ayr Barracks 1.2.17 - 9 months HL (With hard labour); CM (Court Martial) Ayr 9.7.17 - died at Ayr Barracks 11.7.17 'Committed suicide, died in a few minutes'
War Service comments Alleged suicide
Magistrates Court            Arrested tried and handed over 13.10.16;
Magistrates Court comments     Absentee
100 years on
Prison   Wormwood S.; Ayr CP (Civil Prison) 5.2.17 to Duke Street CP (Civil Prison), Glasgow 6.4.17; Duke Street 6.4.17 to 12.4.17 transfer to Barlinnie CP (Civil Prison); Barlinnie CP (Civil Prison) 12.4.17 to 30.6.17 released to unit.

WO363 false
Notes    *Died after arrest but not in prison - according to NCF souvenir. He actually died - allegedly suicide - at Ayr Barracks July 1917 (D/Mar/4/21)
Sources                NCF (No-Conscription Fellowship) Souvenir; Cumbria RO(Carlisle)D/Mar/4/56, D/Mar/4/21; NCF (No-Conscription Fellowship)/COIB Report LIII; FH/FSC(1916/20);The Friend 10.8.17 (Report of his suicide) - see also Tribunal 26.7.17; NA/WO86/72/40, 73/186; FH/FSC(1916/20)/SER28 Case file; NAS/HH21/27/23 Ayr Prison Nominal Register; NAS/HH21/70/55 Barlinnie Register 1916-1919; NA/MH47/1 Central Tribunal Minutes; FH/SER/VOPC/Cases/2(2768)

* The "allegation" is confirmed by his "British Army service record":
"Died at Ayr on 11-7-17 of Suicide by cutting throat"
His suicide is also mentioned briefly in Ann Kramer’s book Conscientious Objectors of the First World War, 2014 (p.143) and  (as N A Campbell) he is on the list compiled by the Conscientious Objectors Information Bureau in 1921 of 73 COs - including eight with addresses in Scotland - who at the time were known or believed to have “died as a direct result of their treatment..." as referenced by Boulton:
From David Boulton, Objection Overruled, 2014 edition, p.266 note 8.
The list also appears in John Taylor Caldwell, Come Dungeons Dark, 1988, pp.289-90.
          The ordeal of consecutive prison sentences proved too great for Alexander Campbell, age 19, a member of Govanhill ILP, who committed suicide after a third court martial at Ayr barracks in July 1917. He had already served two prison sentences, at Wormwood Scrubs and Barlinnie, and at court martial ‘seemed to be in a state of nervous collapse. In this pitiable condition, he yielded to the persuasion of the court and consented to become a soldier’.  Two days later, full of remorse at giving in after battling the system for so long, he cut his throat with a razor. Quaker chaplains who had visited Campbell in prison described him as ‘a sensible, bright, intelligent young man, the sincerity of whose convictions impressed itself upon them’. The report concluded that ‘the long confinement and meagre diet of the prison had done their work ii reducing his physical powers and mental stamina, and his death is another terrible indictment of our penal system.’      - Robert Duncan, Objectors and Resisters, p.194; sources for this paragraph are given as  Forward (ILP paper) and The Tribunal (No-Conscription Fellowship paper) 

5. After this the case of Hugh Gemmell strikes a happier note, as he seems, if Duncan is right, to have been one that got away, eventually. His record on the COs' Register is not very informative, however.

Hugh Gemmell
Age        24
Birth year            1893
Year       1917
Address               -
Local authority  -
County -
Country                Great Britain
Latitude               -
Longitude            -
Ordnance Survey reference        -
Absolutist            Yes
Motivation          Non-Sect.
Military Service Tribunal                MST (Military Service Tribunal) Central Tribunal at Wormwood S. 24.9.17, refused to accept HOS (The Home Office Scheme, administered by the Brace Committee) conditions
Central Tribunal                Central Tribunal Nos. W. 4323 Refused HOS
War Service        Depot Scottish Rifles CM (Court Martial) Hamilton 7.8.17 - 112 days HL (With hard labour), Wormwood S.
Prison   Wormwood S. 11.8.17 to 9.11.17 to Escort
WO363 false
Sources                NA/WO86/77/68; LMA/4417/01/016 - Wormwood S. Nominal Register; Not found in NA/WO363; NA/MH47/2 Central Tribunal Minutes; FH/SER/VOPC/Cases/3(4440)
Record set          Conscientious Objectors' Register 1914-1918
``````````````````````````````````````````````````````````````````````
Turning again to Objectors and Resisters, pp.67-69, we find more about him. 
From notes -  
Hugh Gemmell, class-war socialist and activist; Bridgeton ILP, organiser for Shop Assistants Union: The LP paper Forward carried a transcription of proceedings at his Local Tribunal hearing (22-5-16) in which he took an unequivocally revolutionary and non-pacifist stance. He is quoted as saying “I believe in one war, the class war, the struggle that is always going on between capital and labour for control of the means of life" and states that he would bear arms to defend common ownership of the means of life.  Very unusually, the Sheriff in charge of the Tribunal was "sorry to say" the case was dismissed, claiming he understood and could admire a man who had evolved such a position and stuck to it, but considering its "entirely political" nature set it outside the provision for conscientious objection.. Accordingly he willingly granted leave granted for an appeal to the Central Tribunal, saying he “would like to make it a test case.”  The appeal was predictably unsuccessful but according to Duncan, Gemmell seems to have avoided arrest after refusing to go on the Home Office work scheme and continued politically active until shortly disappearing from the record, possibly - the author speculates hopefully - on the run and helped to reach safety in Ireland, like other COs aided by the support networks that grew up in several places...

Interestingly and encouragingly, someone of the same name does indeed turn up in an appropriate context, at a possible sort of date if he stayed after the war, in Northern Ireland: "In March 1925 the first issue of the newspaper The Labour Opposition of Northern Ireland appeared, published by the Northern branch of the ILP and edited by Hugh Gemmell..."
Politics and the Irish Working Class, 1830–1945 [search result]
https://books.google.co.uk/books?isbn=0230503772
Donal Ó Drisceoil, ‎F. Lane - 2005 - ‎History. "Walker's outright opposition to Irish home rule had eventually put him at odds with ... published by the northern branch of the ILP and edited by Hugh Gemmell..."
East wall of Wormwood Scrubs prison, 1989
(scene of George Blake's celebrated assisted escape in October 1966)

Thursday 13 April 2017

Objecting to and resisting the First World War: More examples from Scotland

John Maclean's desk, purchased 1915,
on display in the People's Palace, Glasgow
The best known of Scottish conscientious objectors (COs), John Maclean, has been the subject of several biographies. A few others are remembered to a lesser extent individually or  in general accounts at least (some like Edward Gaitens mainly in different contexts), leaving a large number whose names tend to arise only in specialised publications like the book reviewed earlier on this blog: (Objectors & Resisters: Opposition to conscription and war in Scotland 1914-18, by Robert Duncan. Glasgow, Common Print, 2015). Some of their experiences, in so far as they may be discovered in the sources now available, are recounted here.


A Mix of Maxtons
James Maxton was the name of one of Maclean's associates, but it was also that of another (among other things) anti-war activist, as documented in Objectors and Resisters* (and incidentally each had a brother called John, both fellow COs*):
 (*pp.3-4) Both were schoolteachers, Independent Labour Party (ILP) members, and COs
               "Famous Red Clydesider" Jimmy Maxton was granted conditional exemption from combatant service and worked as a plater's helper in a shipyard; arrested under DoRA (defence of the Realm Act).
                 "Edinburgh" James Maxton served time in Perth, Calton and Barlinnie prisons, and in work centres at Wakefield and Ballachulish.

*Consult the index for more information about what all four did in the First World War.

The Pearce Register more or less confirms this:

1a. James P [Jimmy] Maxton
Age        -
Birth year            -
Year       -
Soldier Number                -
Address               "Beechwood"
Address 2            Barrhead
Local authority  Barrhead Burgh
County Renfrewshire
Country                Scotland
Latitude               55.79
Longitude            -4.39
Ordnance Survey reference        NS500580
No-Conscription Fellowship        Barrhead 1915 (Glasgow and District)
Motivation          NCF (No-Conscription Fellowship), ILP (Independent Labour Party) (Barrhead)*
Military Service Tribunal                MST (Military Service Tribunal) Central Tribunal at Wormwood S. 20.1.17 to write for references; Central Tribunal at Wormwood S. 30.1.17, CO class A, to Brace Committee
Central Tribunal                Central Tribunal Nos. 2502 Class: A - Genuine
War Service        Argyll and Sutherland Highlanders; CM (Court Martial) Stirling 29.11.16 - 112 days HL (With hard labour), Wormwood S.
Magistrates Court            Arrested 24.11.16
Magistrates Court comments     Absentee
Prison   Wormwood S.
Work Centre      (?)
WO363 false [i.e. no record found for this person in this series (the "burnt records")]
Notes    *ILP Annual Conference Reports
Other Conscientious Objectors in family                Yes
Sources                Cumbria RO(Carlisle)D/Mar/4/97; NCF (No-Conscription Fellowship) Members 1915; NA/WO86/72/177; NA/MH47/1 Central Tribunal Minutes;
Record set          Conscientious Objectors' Register 1914-1918

1b. John Maxton

Age        19
Birth year            1897
Year       1916
Soldier Number                3050
Address               "Beechwood"
Address 2            Barrhead
Local authority  Barrhead Burgh
County Renfrewshire
Country                Scotland
Latitude               55.79
Longitude            -4.39
Ordnance Survey reference        NS500580
Motivation          -
Military Service Tribunal                MST (Military Service Tribunal) Central Tribunal at Wormwood S. 17.11.16, CO class to Brace Committee
Central Tribunal                Central Tribunal Nos. W.2091 Class: A - Genuine
War Service        Hamilton 17.10.16; NCC (Non-Combatant Corps) (3 Scottish) Hamilton CM (Court Martial) 24.10. 16 - 112 days HL (With hard labour) Wormwood S.
Magistrates Court            Arrested, 14.11.16 tried, fined and handed over, taken to Stirling Castle
Magistrates Court comments     Absentee
Prison   Wormwood S.
Work Centre      HOS (The Home Office Scheme, administered by the Brace Committee) Wakefield
WO363 true
Notes    'F' Younger brother of James Maxton MP.
Other Conscientious Objectors in family                Yes
Sources                IWM 95/21/1 S. Hollingsworth autograph books; Friends'Service Cttee.1916/20; NA/WO86/72/65; NA/WO363/M1546 and on line - poor copy, mostly blank; FH/FSC(1916/20)SER32 - case file; NA/MH47/1 Central Tribunal Minutes; FH/SER/VOPC/Cases/6(3121)
Record set          Conscientious Objectors' Register 1914-1918.
Wormwood Scrubs (back) where many COs spent time.
2a. James Maxton [Edinburgh]
Occupation         Teacher, Head of Science
Age        33
Birth year            1883
Year       1916
Address               16, Scone Gardens
Address 2            Edinburgh
Local authority  Edinburgh City
County Midlothian
Country                Scotland
Latitude               55.58
Longitude            -2.68
Ordnance Survey reference        NT570320
Service number                1534
Motivation          Liberal family
Military Service Tribunal                MST (Military Service Tribunal) Edinburgh 16.3.16 granted Absolute Exemption, the Military Rep. appealed Lothian and Peebles County Appeal 28.3.16 - Absolute Exemption changed to ECS (Exemption from Combatant Service) only; Central tribunal at Barlinnie CP (Civil Prison), Glasgow 31.8.16 - CO class A, to Brace Committee
Central Tribunal                Central Tribunal Nos. W.1038 Class: A - Genuine
War Service        NCC (Non-Combatant Corps) Hamilton 6.5.16; NCC (Non-Combatant Corps) (1 Scottish) Hamilton CM (Court Martial) 5.6.16 - 112 days HL (With hard labour), Barlinnie/Edinburgh CP (Civil Prison)* (?) ; (2 Scottish) Hamilton CM (Court Martial) 18.7.16 - 18 months HL (With hard labour), Barlinnie CP (Civil Prison)
War Service comments Refused to provide details, to sign or to have a medical
Magistrates Court            Arrested, fined 40/- and handed over 5.5.16
Magistrates Court comments     Absentee
Prison   Barlinnie CP (Civil Prison) 9.6.16 to 10.7.16; Edinburgh CP (Civil Prison) July 1916; Barlinnie CP (Civil Prison) 22.7.16 to 12.10.16, released to HOS (The Home Office Scheme, administered by the Brace Committee), Ballachulish; Duke Street CP (Civil Prison), Glasgow 8.1.17 transfer to Perth CP (Civil Prison), 12.1.17; Perth CP (Civil Prison) 12.1.17 to 2.7.17 to Wakefield;
Work Centre      HOS (The Home Office Scheme, administered by the Brace Committee) Transfer to Army Reserve Class W 12.10.16 - Road Board Camp Kinlochleven, Ballachulish, refused to do work, transfer cancelled and returned to prison - Duke Street, Glasgow ; transfer agreed 2.7.17 - to Wakefield WC; Jan.1917 Knutsford WC;
WO363 true
Notes    *Transferred briefly from Barlinnie to Edinburgh CP when his father died, then sent back to Barlinnie.*His brother, Lance Corporal G. S. Maxton, served in the Army Ordnance Corps.NOTE: There is confusion about this 'Edinburgh' James Maxton and the 'Glasgow' James Maxton who was sent to prison for an offence under DoRA
Sources                Tribunal 22.6.16; Cumbria RO(Carlisle)D/Mar/4/97; Labour Leader 18.5.16; NA/WO86/70/86, 71/30; NA/WO363/M1546 and on line; NAS/HH30/1/5/21; NAS/HH31/29/35; NAS/HH31/29/1 - COs in Scottish Prisons July 1916; NAS/HH31/29/6 - Central Appeal Tribunal 1.9.16; NAS/HH31/28/36, 43, 45, 58; NAS/HH31/29/3 - his transfer to HOS (The Home Office Scheme, administered by the Brace Committee), Ballachulish 5.10.16; NAS/HH21/70/54 Barlinnie CP (Civil Prison) 1916; NAS/HH21/70/54 Barlinnie CP (Civil Prison) 1916; NAS/HH21/32/137 Glasgow Duke Street 1916-18; NAS/HH21/47/16 Perth CP (Civil Prison) Register; NA/MH47/1 Central Tribunal Minutes; FH/SER/VOPC/Cases/6(214)
Record set          Conscientious Objectors'Register 1914-1918

2b. John Kidd Maxton
Occupation         Artist*
Age        38
Birth year            1878
Year       1916
Death year          1942
Soldier Number                -
Address                               16, Scone Gardens
Address 2            Edinburgh
Local authority  Edinburgh City
County Midlothian
Country                Scotland
Latitude               55.94
Longitude            -3.17
Ordnance Survey reference        NT270730
Motivation          -
Military Service Tribunal                MST (Military Service Tribunal) Edinburgh; Lothian and Peebles Appeal 28.3.16 - ECS (Exemption from Combatant Service) only
War Service        Depot Argyll and Sutherland Highlanders, Hamilton, CM (Court Martial) Stirling 29.11.16 - 112 days HL (With hard labour) Wormwood Scrubs
Magistrates Court            Arrest reported 20.10.16. Tried at Edinburgh*
Magistrates Court comments     Absentee
Prison   Wormwood S.
Work Centre      HOS (The Home Office Scheme, administered by the Brace Committee) Wakefield 26.2.17
WO363 false
Notes    *Studied at Glasgow School of Art and worked on stained glass and interior design. Moved to Edinburgh and painted watercolours of Scottish landscapes. *Gave himself up 'He said he was out of work and starving and nobody would employ him. He was ordered to leave the dock, but afterwards went to the office of the Deputy Fiscal who said he had no authority to deal with him as there was no charge against him.'
Sources                NCF (No-Conscription Fellowship)/COIB Report LII, LV; NAS/HH30/1/5/26; NAS/HH30/6/7/26; NA/WO86/72/177;
Record set          Conscientious Objectors' Register 1914-1918

Grounds for appeal [against conscription in the first place]
When it came to making an appeal, applicants could apply for an absolute, conditional or temporary exemption, under one or more of the seven ‘grounds for appeal’. The legislation (Military Service Act 1916 ch. 104) stated them as follows:
·         On the ground that it is expedient in the national interests that the man should, instead of being employed in military service, be engaged in other work in which he is habitually engaged
·         On the ground that it is expedient in the national interests that the man should, instead of being employed in military service, be engaged in other work which he wishes to be engaged
·         If he is being educated or trained for any work, on the ground that it is expedient in the national interests that, instead of being employed in military service, he should continue to be so educated or trained
·         On the ground that serious hardship would ensure if the man were called up for Army service, owing to his exceptional financial or business obligations or domestic position
·         On the ground of ill-health or infirmity
·         On the ground of a conscientious objection to the undertaking of combatant service
·         On the ground that the principal and usual occupation of the man is one of those included in the list of occupations certified by Government Departments for exemption

The Edinburgh James and John are among the minority of COs for whom appeal records exist, since both cases came before the Lothian and Peebles County Appeal Tribunal at the instigation of the Military Representative, as did 18 other ILPers (the "Edinburgh 20", p.56 onwards in Duncan's book as above) to whom the Local Tribunal had granted absolute exemption. As well as the Maxtons, these included two other pairs of brothers.
The original decision was ordered to be changed. by the Appeal hearing, "a farcical, rigged affair", and attempts to take the case further, first by appeal to the Central Tribunal, for which they were refused leave, then by a Petition (signed by "James Maxton and others") to the Scottish Office, failed to restore absolute exemption, in spite of actions in support of them.

From: 1916 Maxton, James (Military Tribunals HH30/33/7:-
[https://www.scotlandspeople.gov.uk/ - it costs 20 credits to view each of these records]:-

 Maxton James  Head teacher of Science           Central Appeal Tribunal                 Conscientious Objection                30/03/1916   
"Request to appeal to Central Tribunal refused" [as in all 20 cases as above; all these COs nevertheless refused to accept the Appeal decision and suffered accordingly, in prisons and work centres].

p.1 #2 Grounds on which appeal made [by Military Representative, following the (unusual) decision of the Local.Tribunal to award absolute exemption]: “Because the elaborate scholasticism of his reasons for claiming exemption are divorced from the sphere of conscience.”

p.2 “The [Local] Tribunal were of opinion that the Applicant has a conscientious objection to the undertaking of any form of Military Service.”
28-3-16 Appeal Tribunal direct Local Tribunal to grant Exemption from Combatant Service (ECS) only.

Moral stance against war
p.3 Maxton's original application for exemption  (28-2-16) #3 Says he has the right to claim on 4 grounds, A,B, D, and F but is claiming F (conscientious objection) alone. “with the amplification of that ground of the words ‘or any form of alternative service whatsoever’”… “absolute, unconditional and permanent”.. and does not consent to his present occupation being a condition of exemption either.
p.4 “… in obedience to this conscience I stand above the state irrespective of consequences & how the operation of this conscience is in direct antithesis to the method of war…”
16-3-16 Local.Tribunal “Grant absolute exemption.”                        
p.5 statement: moral stance, not religious or political. 
p.6 Notice of appeal to Central Tribunal 30-3-16; #2 Grounds under 10 heads.  “Refuse” written on.

p.7 #1 Grounds of appeal irrelevant.       #9 “That the proceedings of the Appeal Tribunal were harsh, oppressive and illegal, and were contrary to the principles of justice and to public policy.”


Grounds for saying the Appeal Tribunal was wrong.

A group of COs at a Work Centre




Wednesday 5 April 2017

AC's War is Over: the return voyage

Part 4. Homeward Bound
Bombay to Southampton 
(AC’s diary resumes: first entry here undated)

The weeks at Worli transit camp seemed like years, but at last the day dawned when we were to move again. Breakfast at 3.30 a.m. – what an unearthly hour – then off to the docks at Bombay, in a convoy of forty transports, all in the dead of night. About 7.30 a.m. we were all sorted out and ready to embark. The ship is the Capetown Castle, about 27000 tons. Quite a nice bunk again, on the upper deck; time seemed to drag but eventually it drew to a  close and that night I slept like a log.

    Late up and almost late for breakfast. We’re due to sail today. We had a remarkable send-off. The Bombay police brass band came to play us off. They gave us a rendering of popular songs. Then at 1330 as the ship started to move, guided by two tugs, they struck up with “Will ye no come back again” (that’s a laugh). Then as we drew further and further away, they played “Home sweet home” and “Auld lang syne”. When they finished the troops sang the inevitable “They say there’s a troopship just leaving Bombay”. I watched the city fade until it was just a speck and beyond just a rumour of land. By 1630 India was completely out of sight, and all around us was just sea and more sea. 

    Now with nothing to see the troops have spread out more, and the decks are comparatively clear. There are, however, still a few hanging over the rail. It’s an amazingly fascinating occupation, watching the curving bow wave speeding past. The sea is dead calm, and we are doing a fair turn of speed. Gramophones have appeared miraculously. Here and there are groups playing cards, others are reading books or writing like myself.  Others are just sitting and staring at the sea, or at the people who wander past along the deck. There are a few married couples on board and they sometimes make an appearance on the promenade deck. Most of the time, however, they keep to their cabins or the part of the boat deck reserved for their use.

    On the whole the troops are more subdued than when they came out. There is something in their eyes and a strength of character stamped on their faces that was not there on the way out. Some of them have known the horrors of Japanese captivity. Some have known what it is to have fought in the jungle with the cruel sun beating down and all the while being stalked by death. Some like myself have had quite an easy war. Yes indeed, here we have a sadder and wiser crew.

    With evening comes a nice soft breeze that makes you feel it’s good to be alive. Now the sun is setting in a blaze of golden glory and we’re heading straight for it.

(The next day in the record is annotated as 21st; I would guess the month is January and the year 1946. – AC)
21st      Just another day at sea, nothing happening of any interest, just the usual round of reading and lounging about. Rumour has it that we’re out to beat the Mauretania’s record. I like to get away by myself in the evening… to watch the sunset… With it come quiet thoughts and pleasant memories…

[AC passed much of the time on board developing his way with words. 
There are several passages of “fine writing” in his record, e.g. descriptive of successive sunsets, some of which have been abridged or omitted here.]
22nd      It is good to watch the sun come up. First the ship is dull and grey, then it changes as the eastern horizon becomes tinged with red... It is warmer today with just a slight breeze. There’s nothing much to break the monotony. Today, however, we had a cinema show, but of course only a limited number could see it. There’s a deplorable lack of entertainment, very different from the “Andes” on the way out. It seems as though the dying day seems to apologise for its own weakness by giving us a most wonderful sunset.

23rd      Today I was copped for “orderly dog”, still it did not entail much. The day passed quite uneventfully, except that for entertainment we had a film, a concert and horseracing [on radio, presumably]. It’s rather a pity that we’re heading straight into the (westering) sun as this makes it difficult to find a vantage point to view the sunset…

24th      6.30 a.m. When I got on deck this morning, we were just abreast of Aden. The land was just a dim outline away to starboard. Later on, lad became visible to port and as we sailed on we seemed to get closer again to land on the starboard side. We came at length to a barren lonely island with no signs of habitation, a lighthouse and a cluster of huts. At about 11.30 a.m. we swung to starboard, rounding the island, and heading almost due north. I think this means we have just entered the Red Sea.
   Slowly the land fades astern and is soon hidden in mist. The weather seems to be more warm and sultry. About 2.30 we passed the Andes (the ship I went out in). She was outward bound. We sailed steadily on with the land becoming visible occasionally through the mist. About 4.30 p.m. we passed between two groups of islands, the ones to starboard being little more than rocks. One of them was surmounted by a lighthouse; what a lonely existence.
Map showing the area of the voyage, as in 1942
25th     Still sailing through the Red Sea. This is undoubtedly the most historic sea in the world.  It washes the shores of five different countries. The sea which the bible says was divided to allow the Israelites to cross. It is very warm and sticky. It is slightly hazy, visibility is poor and there is no sign of land anywhere. The sunset was less spectacular tonight… At 11.30 a.m. tomorrow we are scheduled to pass the Deadless [Daedalus] Reef. It is just an organic rock of insect deposit formation, with a lighthouse. Apparently the Red Sea is full of such rocks making it very dangerous for navigation. To date we’ve covered 2,500 miles. 

26th      Although the sun is up, it is very cold and breezy. At 9 a.m. today we passed the Daedalus lighthouse, 2½ hours ahead of schedule. From a distance it looked as though the lighthouse was just sitting on the water. The day continued very breezy, and after sunset it became very cold. Forgetting that the clock had been put back, I almost missed the sunset. I was just in time to see the outline of the land against the red. This time it seems much closer.

27th      I awoke to find ourselves lying in Port Tewfik harbour. The town is quite visible, even in the dim light of dawn. It is icy cold, and already most of the lads have changed into blue [from tropical whites]. There is a fair amount of shipping in the harbour, and already the natives are on their way out to try to sell their wares – mostly leather goods. In a couple of hours we are completely surrounded by them, shouting their pidgin-english sales talk. They are worse than the Indians and their prices more exorbitant.

   At 1430 after filling up with fresh water, we weighed anchor and headed for the canal. There is a modern road running along the canal with houses on the far side of it. It seems strange sailing along just a few yards from the houses, almost in people’s back gardens. The folk all come out to wave to us, and are lustily cheered in return – especially the girls. After passing the houses we seem to be in an absolute desert, nothing but sand for miles and miles. It is as flat as a pancake, but still the road is with us, reminding us that even here is civilization. The canal is just yards on either side. This trip is a bit more interesting than the trip out round the Cape and, however bleak, is more interesting than never-ending sea. About 2030 we reached the lake in the middle of the canal and dropped anchor. At 2200 we are still at anchor, waiting.

28th      0700 we are still at anchor in the lake. 1400 we’re on our way again. From here on the canal is very straight and there’s nothing to see but sand for miles and miles. About 1530 we passed an army camp and there was much shouting and exchanging of rude remarks. We sailed on, passing occasional staging posts, until at 1700 we slowly nosed our way into Port Said harbour. There are lots of ships in the harbour including one of the Castle Line. We were hardly tied up at our berth when we were again surrounded by bum-boats trying to sell us leather goods, dates and Turkish delight. We are refuelling here and will be leaving in the morning.

29th      0600 we have cast off and started to move towards more open sea. There at the mouth of the Suez Canal is the statue of De Lesseps… We’re on our way into the Mediterranean Sea. As we progress the wind is getting up and there is  strong cool breeze. We’re tossing about quite a bit, and the Med (the bluest sea in the world) is a dirty grey colour, flecked with white foam. Towards afternoon the wind has died down a little and the sun has come out. It is, however, still quite cool. We’re making good speed, 21 knots I understand. This evening we passed a floating mine only about fifty yards to port. We also passed the Stirling Castle, the ship on which I went from Durban to Bombay.

30th      Still at sea. What an amazing coincidence – today we passed the Ascanius, the ship that took me from Capetown to Durban. It’s almost unbelievable. The weather has continued cold and rather stormy.

31st      The weather is still very cold and stormy. We were scheduled to pass Malta and Sicily this morning but the weather was too bad for us to see either. In the evening we passed Pantellaria 4 miles to starboard so we must be now just abreast of Sicily. Pantellaria was bombed during the war and surrendered to a single spitfire which had to make a forced landing.

1st (Presume Feb. ’46 – AC)    I went on deck this morning to find ourselves sailing with land about 10 miles to port, presumably the north of Africa. The dawn showed the promise of a better day, and sure enough the sun has come up and the sea has gone down. During the afternoon land became visible to port again but very far off; we can only see it because of the very good visibility. We have been told that the first 1000 men to disembark from the ship (and I am among them) are to proceed to Kirkham instead of Henesford. It doesn’t matter to me. Towards evening land becomes visible on two sides, although very distant. We must be approaching the mouth of the Med.


2nd        The sun shone through for a couple of hours this morning, but the wind is very cold. We’ve been sailing along with the Atlas Mountains to port and the snow-capped Pyrenees to starboard. Towards midday the sky has darkened and we seem to be heading for a bank of storm clouds. Despite the black looks of the sea, however, it did not come to rain. The sky has now cleared up a bit but it is still bitterly cold. About 1430 Gibraltar is visible in the distance. Eventually as we draw level with it, it really does look quite grim. Every bit the impregnable fortress it is reputed to be. Sloping up gently to a peak then a long sharp ridge connecting it to another peak and then a sheer drop to the sea. The gleaming white houses of a Spanish village are visible in the distance, with towering mountains behind. I always thought that Gibraltar was at the very tip of Spain, but apparently not. We still have a good bit of Spain to pass before we round out into the Atlantic Ocean. On the African coast, opposite Gibraltar, is a fair-sized town nestled at the foot of a mountain. The mist thickens towards evening and all that is visible is the intermittent flashing of a lighthouse.

A few years earlier: the western Mediterranean in 1942.
(Note areas "under Axis occupation" in yellow.)
3rd        We’ve altered course and are now sailing almost due north again, along the coast of Portugal. We’re too far out to sea to see anything interesting. There is quite a swell and the ship is tossing a bit but it is still not really stormy.


4th        Still windy. We’re in the Bay of Biscay now. Towards evening the wind gets up and the ship keeps rolling and pitching. In fact we’re heading into what seems to be a full gale. We should be in the English Channel tonight and at Southampton by midday tomorrow.

5th        Sighted the English coast about 0830 this morning. Just a dim shape in the mist. It is very cold and inclined to drizzle. We’re sailing with land to port. Apparently it is the Isle of Wight. It is 1000 hours and we are sailing up the Solent. The English countryside looks very pleasant. It is now 1230 hours and we have docked at berth number 105. We have the RAF Central Band to greet us as well as a crowd of civilians. We disembark tomorrow.