Two case studies
Pte J Cassidy: 1st Royal Inniskilling Fusiliers. Executed July 23rd, 1916.
It was claimed that on the June 24th, 1916, it was discovered that he was missing.
On June 30th, he was apprehended by the French authorities and handed over to British military police. In his defence, he stated that on the morning he went missing he had gone to the latrine.
While there, a shell exploded covering him with clay. He stated that he got nerve shock and proceeded down the trenches not knowing where he was going.
He wandered around dazed for a couple of days before being picked up by the French. He also stated that he had been previously wounded twice and had since been nervous of shell fire. The brigadier general recommended that the execution go ahead, as he could see no mitigating features in the case.
According to the report, there is no indication on file that his claim of being nervous near shellfire was taken into account, or that his previous injuries brought to the attention of the court were identified or evaluated.
Pte P Downey: 6th Leinster Regiment. Executed December 27th, 1915.
Originally charged with four other members of his regiment with disobeying a lawful command. At his hearing, it was alleged that he had refused to fall in when ordered and that he refused to put on his helmet when ordered. The original charge schedule stated that he was charged with a non-capital offence.
This was amended by Brigadier General Vandeleur which rendered him liable to the death penalty. Although five other soldiers from the regiment were also tried for unrelated offences by the same court-martial proceedings, no similarly crucial amendment was made.
The report says that Pte Downey must not have been aware of the implications of pleading guilty. In requesting confirmation of Pte Downey's sentence, the Lt General of British forces in Greece stated: "under ordinary circumstances, I would have hesitated to recommend the capital sentence be put into effect as a plea of guilty has been erroneously accepted by the court, but the discipline in the battalion is such as to render an exemplary punishment highly desirable."