Category Archives: Military Crimes

1747: Serjeant Smith, deserter

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By this time in 1747, England’s season of crowd-pleasing spectacular punishments for the Jacobite rising of 1745 had all but run its course; indeed, the very previous day, one of the last of the rebels had been disappointingly disposed of via exile instead of scaffold.

But, reports London in the Jacobite Times,

there was an exulting crowd the next day [December 11, 1747], lining the road from the barracks and military prison, in the Savoy, to the parade, St. James’s Park, and from the latter place to Hyde Park, where savages had come ‘in their thousands,’ and assembled round a gibbet in the centre of the Park.

From the Savoy was brought a stalwart sergeant, in gyves, marching, without music, and eagerly gazed at as he passed on his way to the Parade. He was a good soldier, something of a scholar, knew several languages, and was utterly averse from serving any other sovereign than King James or his friend King Louis.

Sergeant Smith had deserted, had been caught, and was now to suffer, not a soldier’s death by shooting, but the ignominious one of a felon. On the Parade, he was received by his own regiment, in the centre of which he was placed, and so guarded went slowly on to Hyde Park, to a dead roll of the drums.

He was dressed in a scarlet coat, all else white. In token of his Jacobite allegiance, he wore, and was allowed to wear, a rosette of tartan ribbons on his bosom, and similar bunches of ribbons on each knee. The sergeant went on with a smile. His self-possession made the hangman nervous, and Smith bade his executioner pluck up a spirit and do his duty. And so he died; what remains of him may perhaps still lie in the Park, for the Jacobite sergeant was buried beneath the gibbet.

The quality of the newspaper reporting at this time is illustrated by the fact that, in some of the journals, Jacobite Smith is said to have been shot.

In December 1747, a new paper was started, called the ‘Jacobite’s Journal.’ It was eminently anti-Jacobite, and was adorned with a head-piece representing a shouting Highlander and his wife on a donkey, to whose tail is tied the shield and arms of France; and from whose mouth hangs a label ‘Daily Post;’ the animal is led by a monk with one finger significantly laid to the side of his nose. The journal joked savagely at the idea of the above-named Sergeant Smith, being compelled to listen to his own funeral sermon in the Savoy Chapel, and hoped there was no flattery in it. As to the gay rosettes of tartan ribbons which he wore, the journal was disgusted with such a display on the part of a traitor.

Smith seems to have been a restless soul whose desertion to rebel colors in ’45 had followed a career of flexible loyalty in German service. The Newgate Calendar says of Smith that he “was a man of extraordinary abilities, and as vicious in his principles,” who had by his wandering life acquired several languages and thereby earned a lucrative appointment as an interpreter for officers and the rank of paymaster-serjeant. “A man thus caressed must be truly a villain who could be base enough to desert his duty; but Smith was of a roving turn, and could not keep long in a place, the excuse he gave for his crimes.”

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1917: Herbet Morris, British West Indies Regiment deserter

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At dawn on this date in 1917, 17-year-old Jamaican soldier Herbert Morris was shot in a courtyard behind the town hall in the Flemish town of Poperinge.

He’d volunteered the year before, 8,000 kilometers away from the terrible trenches, to cross the Atlantic and stake his life for the 6th Battalion of the British West Indies Regiment but in the end it was the guns of his own countrymen who would fell him.

Like numerous front-line troops, Morris became disordered by shellshock, and despite a generally commendable service record, routed during a bombardment to be discovered days later wandering at Boulogne. With that (non-capital) precedent already to his name, Morris’s second desertion on August 20 met a very much harsher response.

When on active service deserting His Majesty’s Services, in that he, in the Field on the 20th of August 1917, when warned for duty, in the neighbourhood of the front line absented himself from his detachment until apprehended by the Military Police at Boulogne on the 21st of August 1917.

-Morris’s death sentence, endorsed by Douglas Haig, 15 September 1917

“I am troubled with my head and cannot stand the sound of guns,” Morris explained to his very brief court-martial, unavailingly. “I reported to the Dr. [sic] and he gave me no medicine or anything. It was on the Sunday that I saw the doctor. He gave me no satisfaction.” Two character witnesses from his unit comprised the entirety of his defense.

During the week between Morris’s hearing and his Field Marshal Haig-confirmed sentence, a violent mutiny by British Empire troops in Etaples, France shook the high command. Nobody can say if it was determinative for Morris’s fate, but it cannot have weighed in favor of leniency.

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1917: James Smith, Early One Morning

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One hundred years ago today, a Bolton private (formerly lance corporal) named James Smith fell to his countrymen’s guns on Belgian soil during World War I.

A career soldier since 1909, Smith had served honorably in India and Egypt before the war. He had the hardiness and luck to survive Gallipoli and the Somme — but their horrors broke him mentally.

According to this biography, “Jimmy almost lost his life on the Somme on 11 October 1916 when a German artillery shell exploded, burying him alive and causing a shrapnel wound ‘the size of a fist’ on his right shoulder.” When he returned from two months’ convalescence leave his mates could see that shellshock had destroyed the old Jimmy Smith.

Erratic behavior that cost him his good conduct badges culminated in a break on July 30, 1917, the eve of the frightful Battle of Passchendaele, when Smith deserted his post and disappeared from the front — to be found later, wandering in a nearby town. In World War I, such an offense invited the brass to make an example of you.

Smith’s own comrades from the 17th Battalion King’s Liverpool Regiment were drafted into the firing squad. Pitying their victim, the executioners pulled their shots and missed the target, only succeeding in wounding the brutalized private. When the firing squad commander faltered at his duty to deliver the coup de grace, the task monstrously fell on a close friend of Smith’s, Private Richard Blundell, to press the revolver to Smith’s temple and blow out his brains. For its service to the war effort, the firing detail got 10 days’ R&R … and a lifetime of shame.

In the weeks before his own death, in February 1989, Blundell was often heard by his son, William, to murmur deliriously: ‘What a way to get leave, what a way to get leave.’

According to historian Graham Maddocks, in his book Liverpool Pals, William Blundell asked his father in a more lucid moment what he meant.

Still desperately upset seven decades after the incident, the dying Richard told his son what had happened. It was clear, that as he faced his own death, Richard had never forgiven himself.

Jimmy Smith was the subject of a 1998 play, Early One Morning.

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1914: Frédéric Henri Wolff, the first Frenchman executed during World War I

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On this date in 1914, Captain Frédéric Henri Wolff became the first French soldier fusillé pour l’exemple during World War I.

One week before, surrounded by the devastating German advance, Wolff had struck a white handkerchief to the tip of his saber and attempted to brandish it for surrendering the 36th Colonial Infantry Regiment. Wolff was no greenhorn a-panic; he was 45 years old, a career officer who received the Legion of Honor and had been decorated for his part in the French campaigns in Indochina.

Other officers pulled down the sigil and orchestrated a successful retreat … after which Wolff was court martialed for cowardice.

Shot at Remenoville, he was not only the first person of nearly 1,000 executed by the French military in the Great War, but also the highest-ranking officer so handled. Attempts to rehabilitate him officially date to the 1930s, but have thus far never been successful.

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1943: Gunnar Eilifsen, good cop

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Policeman Gunnar Eilifsen on this date in 1943 achieved the undesirable distinction of becoming the first person executed under the auspices of Norway’s World War II collaborationist Quisling government.

As an officer in Oslo, Eilifsen got himself in hot water with the Reichskommissar Josef Terboven when he supported several constables’ refusal to arrest girls who shirked the national labor conscription.

Terboven’s orders-must-be-followed jag was excessive even by the standards of a fascist puppet state, and a court told him to get lost. So, Terboven “appealed” by keeping Eilifsen in custody until later that day, when he arranged a do-over proceeding with handpicked judges and no defense.

The disobedient cop was shot the next sunrise. Three days later the dubious execution was retroactively legalized by a law subjecting the police to the military code, a measure sometimes sarcastically dubbed the “”Lex Eilifsen”.

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1863: Not Nathaniel Pruitt, reprieved deserter

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On this date 150 years ago, according to Larry Daniel’s Soldiering in the Army of Tennessee, a middle-aged man was all set to be shot for deserting the Army of Tennessee, and the much-resented command of Gen. Braxton Bragg.

In a well-documented incident, a soldier received a reprieve as a result of a dramatic incident. Forty-seven-year-old Nathaniel Pruitt of the Nineteenth Tennessee was found guilty of desertion and on June 10, 1863, was taken to a field beside his regimental camp, his coffin placed beside an open grave. A minister cut a lock of hair to give to Pruitt’s wife. The firing squad was positioned and ordered to take aim, but just then an officer came galloping up with a special order to suspend the sentence. The prisoner began crying. “I was truly glad [of the reprieve], but must say some of the boys were disappointed,” a Mississippi diarist noted. Incredibly, the very next day, Pruitt again deserted and was never heard from again.

One takes the author’s point here about Pruitt’s risk-seeking second flight, but even so it might not really be all that “incredible” that one would desert the company of armed men who had recently shown open disappointment about being prevented from shooting one dead.

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1521: Xicotencatl Axayacatl, Cortes fighter

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On this date in 1521, the Tlaxcallan warrior Xicotencatl Axayacatl (or Xicotencatl the Younger) was hanged by Hernan Cortes on the eve of his conquest of Tenochtitlan.

In an alternate history of Spain’s New World encounter it is Xicotencatl who has the glory of putting Cortes and his adventure to execution: the Tlaxcallans mounted a ferocious resistance when the conquistadors penetrated their territory, with Xicotencatl’s huge armies placing the Spanish in mortal peril despite the latter’s advantages of firearms and cavalry. Spanish soldier and diarist Bernal Diaz del Castillo would record of one engagement in September 1519

a battle of as fearful and dubious an issue as well could be. In an instant we were surrounded on all sides by such vast numbers of Indians, that the plain, here six miles in breadth, seemed as if it contained but one vast body of the enemy, in the midst of which stood our small army of 400 men, the greater part wounded and knocked up with fatigue. We were also aware that the enemy had marched out to battle with the determination to spare none of us, excepting those who were to be sacrificed to their idols.

When, therefore, the attack commenced, a real shower of arrows and stones was poured upon us; the whole ground was immediately covered with heaps of lances, whose points were provided with two edges, so very sharp that they pierced through every species of cuirass, and were particularly dangerous to the lower part of the body, which was in no way protected. They fell upon us like the very furies themselves, with the most horrible yells; we employed, however, our heavy guns, muskets, and crossbows, with so much effect, and received those who pressed eagerly upon us with such well-directed blows and thrusts, that considerable destruction was made among their ranks, nor did they allow us to approach so near to them as in the previous battle: our cavalry, in particular, showed great skill and bravery, so that they, next to the Almighty, were the principal means of saving us.

Indeed our line was already half broken; all the commands of Cortes and our other officers to restore order and form again were fruitless, the Indians continually rushing upon us in such vast crowds that we could only make place with sword in hand to save our line from being broken. …

Cortes (and the Almighty) made it out of that scrap but their small force was severely taxed by repeated engagements, including a destructive nighttime raid launched by Xicotencatl. The Spanish never conquered the Tlaxcallans — turning instead to diplomacy to attract them as allies against their rivals, the Aztecs.

So far was the victorious Xicotencatl from embracing this decision that he repeatedly ignored Tlaxcallan chiefs’ orders to stop fighting. His refusal to accommodate has inevitably been read retrospectively in view of indigenous anti-colonialism, but in the moment it was probably had a more prosaic cause: had he been suffered to complete Cortes’s destruction, he would have figured to gain a whip hand in domestic Tlaxcallan politics.

Still, the Indians were taking fearsome casualties from the Spanish and this combined with the prospect of turning Cortes’s invaders against their own enemies carried the decision. For many generations this timely alliance privileged the Tlaxcala nation, whose peoples ranked higher than other natives long into the Spanish sovereignty.

But it seems to have been intolerable for Xicotencatl Axayacatl.


The Last Days of Tenochtitlan — Conquest of Mexico by Cortez, by William de Leftwich Dodge (1899).

Cortes and his Tlaxcallan and other allies launched the final march that would conquer Tenochtitlan on May 22, 1521,* but the day before setting out it was discovered that Xicotencatl had abandoned the camp. Diaz, again:

After considerable inquiries, it was found that he had secretly returned to Tlascalla on the previous night to take forcible possession of the caziquedom and territory of Chichimeclatecl. It appears, according to the accounts of the Tlascallans, that he wished to avail himself of this favorable opportunity of raising himself to supreme power in his own country, which the absence of Chichimeclatecl offered to him, who, in his opinion, was the only person that stood in his way since the death [by smallpox -ed.] of Maxixcatzin, as he did not fear any opposition from his old blind father. This Xicotencatl, the Tlascallans further added, had never felt any real inclination to join us in the war against Mexico, but had frequently assured them it would terminate in the destruction of us all.

When Chichimeclatecl received information of this, he instantly returned to Tezcuco in order to apprize Cortes of it. Our general, on hearing this, despatched five distinguished personages of Tezcuco, and two Tlascallans, who were his particular friends, after Xicotencatl, to request his immediate return to his troops, in Cortes’ name. They were to remind him that his father Lorenzo de Vargas would certainly have marched out against Mexico in person, if blindness and old age had not prevented him; that the whole population of Tlascalla continued loyal to his majesty, and that the revolt he wished to excite would throw dishonour on his own country. These representations Cortes desired should be accompanied by large promises, to induce him to return to obedience. Xicotencatl, however, haughtily replied, that he was determined to abide by his resolve, and our dominion in this country would not have continued thus long if his father and Maxixcatzin had followed his advice.

Upon this our general ordered an alguacil to repair in all haste with four of our horse and five distinguished men of Tezcuco to Xicotencatl’s abode, to take him prisoner, and hang him without any further ceremony. “All kindness,” added Cortes, “is thrown away upon this cazique. His whole time is spent in devising plots and creating mischief. I cannot suffer this to continue any longer; the matter has now come to a crisis.”

As soon as [conquistador Pedro de] Alvarado** received information of these commands, he urgently begged of Cortes to pardon Xicotencatl. Our general replied that he would consider about it, though he secretly gave the alguacil peremptory orders to put him to death, which was accordingly done. Xicotencatl was hung in a town subject to Tezcuco, and thus an end was put to all his plottings. Many Tlascallans assured us that the elder Xicotencatl himself had cautioned Cortes against his son, and had advised him to put him to death.

This, at least, is the story. We lack Xicotencatl’s own voice here, and we must guess at the forces at work via the few and partisan narratives of the conquistadors. Anthropologist Ross Hassig speculates here that the “desertion” accusation — given that other similar “desertions” occur with unpunished regularity among both Spanish and natives — might have been merely pretextual on the part of Cortes, to eliminate a man he still considered a dangerous foe.

Either way, with the passage of years Xicotencatl has become a Mesoamerican symbol of indigenous valor and imperial resistance. His martial statue graces Plaza Xicohtencatl in the present-day city of Tlaxcala.

* Diaz’s narrative dates the Spanish departure from Tezcuco to May 13, instead of May 22 but he is extremely slipshod with chronology. Diaz is also a key primary source for the most lurid accounts of Aztec human sacrifice, and his reliability in that quarter has been challenged, too.

** Soon to put his tutelage under Cortes to use, devastating Guatemala.

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1857: The mutineer Jemadar Issuree Pandy

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From the Annals of the Indian Rebellion, 1857-58:

THE MUTINEER JEMADAR ISSUREE PANDY.

This Jemadar of the 34th Regiment N.I. was brought to trial on the following charges: —

1st. For having at Barrackpore on the 29th March 1857, he being then in command of the quarter-guard of his regiment, not used his utmost or any endeavours to suppress a mutiny begun by Mungul Pandy, the said sepoy having on the afternoon of the day above mentioned, gone out into the parade ground in front of and near to the quarter-guard of the regiment armed with a sword and musket; and then and there used words to excite the men of the reigment to come forth and join him in resistance to lawful authority; and having then and there on the parade ground, and near to the quarter-guard of the regiment, discharged his loaded musket at Serjeant Major James Thornton Hewson, and Lieutenant Bempole Henry Baugh, of the 34th Regiment N.I., and then and there with a sword struck, and severely wounded, the said Lieutenant Baugh and Serjeant Major Hewson, and the said Jemadar not having taken any measures to arrest and confine the said sepoy throughout the aforesaid occurrences, nor to assist the said Lieutenant Baugh and Serjenat Major Hewson, and he [sic] the said Jemadar having, moreover, then and there discouraged and interfered to prevent any sepoys of his guard from going to their assistance.

2nd. For disobedience to the lawful command of his superior officers in not having advanced with his guard to rescue the Serjeant and capture the aforesaid sepoy, Mungul Pandy, when shortly after the occurrences, set forth in the first charge, he was ordered to do so by Brevet Colonel S.G. Wheler, commanding the 34th Regiment N.I.

The Court found the prisoner, Jemadar Issurree Pandy, guilty of both charges preferred against him, and sentenced him to suffer death. On the 21st April 1857 Major General Hearsey reported as follows: —

Jemadar Issuree Pandy was duly hanged by the neck this afternoon at 6 o’clock in presence of all the troops at the station; the crimes, finding, and sentence of the General Court Martial before which he was arraigned, approved and confirmed by His Excellency the Commander-in-Chief, having been first carefully explained to all the native corps.

It may be perhaps satisfactory to the Government to know that when on the scaffold the Jemadar made a voluntary confession of his guilt, and admitted the justice of the sentence which had been passed on him, at the same time imploring all his fellow soldiers who were present to take warning by his untimely fate.

They didn’t.

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295: Saint Maximilian, conscientious objector

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March 12 is the martyrdom date (in 295) and annual feast date of Saint Maximilian of Tebessa, Christianity’s protomartyr of conscientious objectors.

A Christian from Numidia (the Mediterranean coast of present-day Algeria), Maximilian presented himself to the African proconsul for mandatory conscription and refused in the name of Christ to bear arms.

The proconsul remonstrated with him, and in their interaction Maximilian espoused a vindication of pacifism so clear and timeless that a Vietnam War-era Catholic antiwar organization would take the name Order of Maximilian. “I will not be a soldier of this world, for I am a soldier of Christ.”

The translation below is via Peace Be With You: Justified Warfare or the Way of Nonviolence.

Cassius Dion You must serve or die.

Maximilian I will never serve you. You can cut off my head, but I will not be a soldier of this world, for I am a soldier of Christ.

Cassius Dion What has put these ideas into your head?

Maximilian My conscience and He who has called me.

Cassius Dion (to Maximilian’s father) Put your son right.

Maximilian’s Father He knows what he believes, and he will not change.

Cassius Dion Be a soldier and accept the emperor’s badge.

Maximilian Not at all. I carry the mark of Christ my God already.

Cassius Dion I shall send you to your Christ at once.

Maximilian I ask nothing better. Do it quickly, for there is my glory.

…

Cassius Dion There are Christian soldiers serving our rulers Diocletian* and Maximian, Constantius and Galerius.

Maximilian That is their business. I also am a Christian, and I cannot serve.

Cassius Dion But what harm do soldiers do?

Maximilian You know well enough.

Cassius Dion If you do not do your service I shall condemn you to death for contempt of the army.

Maximilian I shall not die. If I go from this earth my soul will live in Christ my Lord.

Cassius Dion Write his name down … Your impetiy makes you refuse military service and you shall be punished accordingly as a warning to others. (Reading the sentence) “Maximilian has refused the military oath through impiety. He is to be beheaded.”

Maximilian God lives.

Unfortunately but unsurprisingly Maximilian’s historicity is quite questionable. He’s not to be confused with the remarkable and certainly real World War II martyr St. Maximilian Kolbe.

* 295 was a few years before Diocletian launched his great persecution of Christians.

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1916: Eric Poole, the first British officer shot at dawn during World War I

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A century ago today in the Great War, Second Lieutenant Eric Poole laid down his life at the city hall of a Belgian border town.

As it was put by the sadly defunct Shot At Dawn site (still preserved at the Wayback Machine), “The cemetery register of Poperinghe New Military Cemetery states that Lt. Eric Skeffington Poole died of wounds on 10 December 1916. Tactfully, it omits to record also that his death was caused by a British Army firing squad.”

A Canadian-born engineer, Poole had enlisted in the very first weeks of the war and been commissioned an officer by May 1915.

In July of 1916, a falling artillery shell struck so close that its concussion knocked Poole down, spattering him with earth. He was hospitalized for shellshock but returned to duty in September — still complaining of rheumatism and feeling “damned bad.”

One night in October as his unit moved up to a forward trench, Poole disappeared from it — nobody knows how or when, but he wasn’t there when it mustered at its new position at midnight. He was detained two days later, wandering well west of the trenches, a leather jacket hiding his private’s tunic … “in a very dazed condition,” an officer who interviewed him would later remember. “From conversation which I had with him I came to the conclusion he was not responsible for his actions. He was very confused indeed.”

Evidence collected in Poole’s desertion trial pointed to a man taxed beyond his capacities by command responsibility and the strain of two years at war. His division commander recommended against the court martial, for Poole was “not really accountable for his actions. He is of nervous temperament, useless in action, and dangerous as an example to the men” — but still “could [be] usefully employed at home in instructional duties or in any minor administrative work, not involving severe strain of the nerves.” Another captain in his battalion described him as “somewhat eccentric, and markedly lacking in decision” and liable under pressure to “become so mentally confused that he would not be responsible for his actions.”

By the book the man’s irresolute midnight ramble was a clear instance of abdicating duty, but Poole’s weakness was apparent enough to trouble the court that tried him for desertion — not only to solicit this and other testimony from his comrades about the lieutenant’s state of mind but even to remark from its own observation that his “mental powers [were] less than average. He appears dull under cross examination, and his perception is slow.” Perhaps this was fellow-feeling by other officers that would not have been extended to a mere grunt; if so, what was a mitigating consideration for the court made Poole’s execution a in the eyes of Field Marshal Haig: “Such a case is more serious in the case of an officer than a man, and it is also highly important that all ranks should realise the law is the same for an officer as a private.” Two years in, and somehow not one officer had suffered such a punishment; Shot At Dawn speculated that military courts’ recent shocking verdict excusing Captain John Bowen-Colthurst on grounds of insanity for an atrocity in Ireland had also raised pressure on the armed forces to show that British officers stood not above the law.*

The British army executed 306 of its own soldiers during World War I. Among them, Poole was the first of only three officers.

* The War Office’s decision not to publicize his fate (and the euphemistic reference in the cemetery register) would seem sharply at odds with any intended demonstrative effect.

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