Researching Canadian Soldiers of the First World War

Part 15: Crime …

By Michael O'Leary; The Regimental Rogue

Introduction

"Twenty-four hours should elapse before a soldier charged with drunkenness is brought before his Commanding Officer, in order that he may be perfectly sober.

The Guide: A Manual for The Canadian Militia (Infantry), by Maj-General Sir William D. Otter (1914 edition).

One of the eternal elements of military service is that some soldiers will manage to get themselves in trouble with the military authorities. In Part 3 of this series, Courts Martial, the military justice system was introduced by means of showing you how to access the Court Martial records held by Library and Archives Canada.

Courts Martial, however, were not the sole means of dealing with disciplinary transgressions, and less serious crimes were dealt with by summary trials conducted by Commanding Officers or Officers Commanding Companies.

This article will explore some of the types of offences for which soldiers of the Canadian Expeditionary Force (CEF) were commonly charged, tried and punished during the First World War.

Guiding Documents

The subject of military law, offences and scales of punishments, including the conducts of summary trials and courts martial is a complex collection of information built up over many years. Even today, no military officer would begin to execute duties related to military justice without closely consulting with the most up-to-date references. For an officer of the CEF, the following references might be used:

The King's Regulations and Orders for the Canadian Militia: The primary guide for any Commanding officer conducting trials, a copy of the 1917 edition is available at the Internet Archive.
The Manual of Military Law: A volume designed to assist with interpretation and application of the King's Regulations and Orders, the 1914 edition is over 900 pages, twice the length of the KR&O.
The Guide: A Manual for The Canadian Militia (Infantry): This volume would be familiar to Canadian pre-war officers and an initial guide to conduct of matters of military discipline. A copy of The Guide is available at the Internet Archive.
The Canadian Officer's Guide To The Study Of Military Law: By Major E. W. Pope, The Royal Canadian Regiment, 1916.

Court Martial Offences

Courts Martial were held to try crimes when, if the soldier was found guilty, the powers of punishment permitted a Commanding Officer at Summary Trial might not prove sufficient for appropriate punishment. Soldiers might be tried by a District Court Martial, or by Field General Courts Martial, the difference being in the manner in which they are authorized, a matter which was no doubt of little importance to the accused. General Courts Martial were conducted by at least five officers (minimum of nine whilst in the United Kingdom), while Field General Courts Martial required only three officers to dispense justice. The later could be conducted with less than three, subject to restrictions on powers of punishment.

Some offences, by their nature would be automatically held over for trial by Court Martial, others might be tried by Summary Trial in front of a Commanding Officer or sent to Court Martial depending on circumstances and the likely severity of punishment if the accused was to be found guilty. The Library and Archives Canada database of Courts-Martial of the First World War lists 11,878 proceedings for the CEF during the war. This would represent the trials of somewhat fewer soldiers, as some were known to have appeared more than once before a Court Martial.

The charge sheet from the Court Martial docket of 214215 Private John Leonard Shook. Court Martial records for soldiers of the Canadian Expeditionary Force are available from Library and Archives Canada. See Part 3: Court Martial Records

An example entry of a Court Martial trial result from the Part II Daily Orders of The Royal Canadian Regiment.

An example entry of a Court Martial trial result of 454807 Private Amedie Lascelle, from the Part II Daily Orders of The Royal Canadian Regiment.
(I.H.L. = Imprisonment with Hard Labour.)

An example of a Court Martial entry in the service record of 454726 Private Jean Collin, The Royal Canadian Regiment.

From the Court Martial statistics for a single infantry battalion in the CEF, I have reviewed the data for The Royal Canadian Regiment (The RCR). Having identified a total of 170 Courts Martial from the unit Part II Daily Orders and the LAC Court Martial database, they provide a cross-section of possible charges that may be found in any unit. The following offences appear in one form or another for The RCR, and sometimes in combination for multiple charges against a soldier:

Drunkenness.
Drunkenness in the Trenches.
Conduct to prejudice of good order and military discipline.
Absenting himself without leave.
When on Active Service when on Leave to the United Kingdom overstaying leave.
Overstaying pass.
Insubordination.
Disobeying a lawful command given personally by his Superior Officer.
Disobeying, in such a manner as to show wilful defiance of authority, a lawful command given by his Superior Officer.
When on Active Service offering violence to his superior.
Striking his Superior Officer.
Assault.
Striking a Soldier.
Disgraceful Conduct.
Leaving duty post without orders.
When acting as sentinel on active service, sleeping on his post when sentry on Listening Post.
Deserting His Majesty's Service.
During an attack quitted his platoon and proceeded to the rear.
Failing to warn men of his Platoon for a working party.
Negligently (or carelessly) wounded himself.
Losing by neglect his arms, equipment and Regimental necessaries.
Loss of equipment.
Leaving his Post Without Orders.
After being duly warned for working party, failed to appear at the place of parade.
Failing to appear as a witness at a court-martial.
When on Active Service When in confinement escaping.
Trespass.
Negligently discharged his rifle thereby wounding another soldier.
For endeavouring to persuade persons in forces belonging to His Majesty's Military Forces to join in Mutiny.
When ordered to go away from [a place] endeavoured to incite resistance to the police.
Fraudulently misapplying regimental funds.
Theft.
Stealing Public Goods.
Fraud.

Summary Trial Offences

It is to be expected that there will be some overlap between lists of possible Court Martial offences and those that were tried by Summary Trial, since the determining factor between types of trial was the potential severity of punishment and not only the nature of the offence. Continuing with data from The Royal Canadian Regiment as an example for a single front line infantry unit, the battalion's Part II Daily Orders list a total of 1350 cases of summary punishment, although this will include instances where two types of punishment were awarded (such as detention and forfeiture of pay earned while absent).

An example of Summary Trial punishments recorded in the Part II Daily Orders of The Royal Canadian Regiment, Daily Orders dated 21 Aug 1917.

An example of a summary punishment recorded in the service record of 477212 Private Albert Cumberland of The Royal Canadian Regiment.

An example of a summary punishment of 10 days Field Punishment Number 2 for drunkenness and stealing rum, as noted in the service record of 477212 Private Albert Cumberland of The Royal Canadian Regiment.

The following list of 85 different offences are taken from almost 1500 examples of summary charges laid against soldiers in the overseas battalion of The Royal Canadian Regiment during the First World War. The list is arranged in order of decreasing frequency (the number of instances of each type of charge is noted in red).

(749) Absence.
(258) Drunkenness.
(40) Insolence, etc.
(39) Losing weapons and/or equipment and/or regimental property by neglect.
(38) Neglecting to obey, or not complying with, an Order.
(34) Breaking out of barracks, billets, camp, camp (whilst a defaulter), hospital, prisoners' tent.
(26) Overstaying leave.
(23) Out of bounds.
(22) Disobedience of Orders.
(15) Using disrespectful, improper or obscene language to a NCO or officer.
(14) Falling out on the line of march.
(13) Improperly dressed.
(12) Dirty clothing or weapon on Parade.
(12) Making a false statement or improper reply.
(10) Deficient of Iron Rations.
(10) Refusing to comply with (or obey) an order.
(10) Unshaven on parade.
(9) Gambling in Camp or line of march.
(9) Leaving parade, billet, trenches, working party or convoy without permission.
(8) Creating a disturbance.
(8) Neglect of duty.
(8) Overstaying his pass.
(7) Conduct to the prejudice of good order and military discipline.
(7) Falling out of or breaking away from working or carrying party without permission.
(7) Irregular conduct, including individual charges such as:

obtaining food from "C" Company Dining Hall;
on the Line of March throwing away a Sniper's Rifle Stand;
when ordered to go on parade stated:- "do not consider that I should be for this parade. You can place me under arrest" or words to that effect;
laughing whilst being escorted to the Guard Room.

(4) Committing a nuisance.
(4) Inattention on parade.
(4) Insubordinate Conduct.
(4) Late falling in on Parade.
(4) Removing material from Government huts.
(4) Stating a falsehood to a NCO, officer or Military Police.
(3) Altering his pay book.
(3) Asleep on duty.
(3) Being in possession of prohibited drink.
(3) Entering a private house in search of plunder.
(3) Hesitating to Obey an Order.
(3) Stealing.
(3) Without reasonable excuse allowing to escape a person whom it was his duty to guard.
(2) Being in a cafe during prohibited hours.
(2) Being in an Estaminet whilst on duty.
(2) Breaking arrest.
(2) Causing wilful damage to private property.
(2) Destroying Government Property.
(2) Dirty on guard mounting parade.
(2) Discharging his rifle in camp.
(2) Falling out from parade without permission.
(2) For having in his possession the kit, etc., of a comrade.
(2) Forgery (examples: altered pass, forging an officer's signature).
(2) Having his pack (or blankets) on Company Field Kitchen.
(2) Improper conduct in the trenches.
(2) In possession of rations without authority.
(2) Injuring property belonging to a comrade.
(2) Not being in possession of identification disc.
(2) Resisting his arrest, or escort.
(2) When in arrest escaping.
(1) Attempting to break into a brewery.
(1) Attempting to leave his post without permission.
(1) Attempting to strike a NCO.
(1) Being in possession of a civilian bicycle.
(1) Being in possession of an article, the property of a Comrade.
(1) Being in possession of Khaki.
(1) Being without Iron Rations.
(1) Breaking into Billets.
(1) Disorderly conduct.
(1) Failing to have company defaulters on parade at 6 p.m.
(1) Failing to obey a standing order:- Censorship Regulations.
(1) Failing to place in arrest a Private who was using obscene language.
(1) Failing to post a night sentry in the Guard Room.
(1) For breaking out of camp.
(1) Found smoking in a latrine whilst undergoing Field Punishment.
(1) Hesitating to work and using obscene language to a NCO.
(1) Interfering with an escort in the execution of their duty.
(1) interrupting the C.O.S when giving out detail.
(1) Making away with 5 bottles of whisky and 1 bottle of brandy that were placed under his charge.
(1) Neglected to answer defaulters' calls.
(1) Neglecting to report deficiencies in kit.
(1) Obtaining a pass under false pretences.
(1) Occupied Billets of the Pack Cob Coy, without orders to do so.
(1) Overloading the kitchen.
(1) Threatening the NCO of Police.
(1) Urinating his bedding.
(1) When Commanding a Guard, Leaving his Guard.
(1) Wilful destruction of Government property.
(1) Wilfully discharging a rifle thereby endangering the lives of the public.
(1) Wilfully throwing away part of his Equipment.
(1) Wounding himself, in negligently handling his rifle.

Offences by Army Act Section

While most entries in soldiers' service records and regimental records will identify the nature of the charge in a descriptive manner, there are occasions when only the section of the Army Act (e.g., A.A. ###) will be known. In such cases it is necessary to go to the applicable edition of The King's Regulations and Orders for the Canadian Militia, which is available at the Internet Archive, or the Manual of Military Law to confirm the offence by its Army Act designation. The Library and Archives Canada introductory page for their database of Courts Martial records also lists sections of the Army Act.

The following match selected Army Act sections to the description of offence as shown for various records in the LAC Court Martial database:

Army Act	Description of Offence
4(7)	Cowardice in the face of the enemy
6 (1f)	Assault
6(1b)	Leaving duty post without orders
6(1k)	Drunk while on guard duty
7(2b)	Inciting a mutiny
8	Striking a superior officer
8	Threatening a superior officer
8 (2b)	Insubordination
9	Disobeying a superior officer
10	Breaking arrest
12	Desertion
14(2)	Assistance of or connivance at desertion
15	Absence without leave
17	Fraudulently misapplying regimental funds
18	Theft
18(4b)	Receiving stolen goods
19	Drunkenness
22	Escaping confinement
22	Escaping arrest
24	Loss of equipment
37(1)	Striking a soldier
40	Conduct to prejudice of good order and military discipline
41	Fraud

The soldiers of the CEF (and any of its units), like any cross-section of society, included members who would take the opportunity to break rules and regulations. The Army's response was to apply the relatively rigid structures of King's Regulations and Orders to bring those soldiers to justice, try them for their sins and, if found guilty, apply appropriate punishment. This article has explored the many ways in which soldiers could find themselves in front of a Court Martial or their Commanding Officer, and shown the methods by which these actions were recorded for a researcher to find today.

Researching Canadian Soldiers of the First World War

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