Just before the 5th Bn the Wiltshire regiment was lifted from the beaches at Gallipoli a sad event took place. Sgt John Robins of 5Wilts had been sentenced to death for the “disobeying in such a manner as to show wilful defiance of authority, a lawful command given personally by his superior officer in the execution of his office". The (capital) offence on which he stood charged had taken place on December the 3rd, 1915 when Sgt Robins had been ordered to accompany 2nd Lt John MacMillan on a patrol. Sgt Robins had claimed that he was too sick for duty and was then sent, by MacMillan to the Bn Medical Officer (MO) Lt Joseph Bulmer Thackeray who examined him and passed him as fit for the patrol. On hearing this MacMillan again ordered Sgt Robins to accompany him to which Robins replied, “I am not well enough, I will not goâ€.
Ramsgate born Sgt Robins was a regular soldier and had been all through the terrifying fighting that 5 Wilts had been engaged in since they first landed in the Gallipoli theatre including the attack at Chunuk Bay where 5Wilts had taken cripplingly serious casualties. It would be fair to say that his nerves were probably not at their best and it is true that his Bn had suffered from acute sickness throughout that November and December so Sgt Robins could well have been ill in some way, whether he was or not his experiences of the past month would have been debilitating enough.
It is easy to say that in today’s world and army he would be screened for and if necessary treated for battle fatigue or post-traumatic stress disorder, but we must also remember the attitudes of the time, Robins rank and the fact that he was an old soldier meant that he knew the implications of his actions, no matter what we may think today. Despite this, he said during his own testimony at his trial:
“On the night in question I was not well enough to go out. I was eight and a half years in India where I suffered a good deal from fever and ague, and I still get fits of this. I had been suffering from this for several days off and on, and the wet weather had greatly affected me. I have been out here for nearly five months and this is the first trouble I have ever been in. I have always done my duty. This would not have happened if I had been quite well. At the time I did not realise the seriousness of what I didâ€.
Sgt Robins’ Courts Martial was hastily convened and poorly conducted on the 7th of December 1915.
The Bn MO did not give evidence in person but submitted written evidence which in a capital case was expressly not allowed, but was nevertheless used against Sgt Robins anyway; in the statement the MO stated that:
“At 6.00 p.m. on 3/12/15 I took Sgt Robins’ temperature and felt his pulse, both of which were normal. He complained of nothing definite whatever, except a general feeling that he was unwell. I gave him some medicine and told him to carry onâ€
Because the MO did not appear in court in person Sgt Robins did not have the chance to cross examine him. Someone else who testified against Robins was Pte Thomas Allsworth who said that he had woken up to hear Robins’ refusal to go on patrol. Robins was able to cross examine Allsworth and left enough doubt in Allsworth’s testimony to imply that he may not have heard anything at all. After the end of the prosecution witnesses Sgt Robins called no witnesses in his defence and declined to give any evidence of his own.
Further evidence of the poor way in which this trial was conducted was that when the conduct sheet for Robins was called for it could not be produced as it had been lost in a recent flood. It was left to the adjutant to state that ‘to the best of his knowledge’ there was only one minor incident recorded on the sheet against Robins and that had been during home service . It has to be said that considering a man was on trial for his life, a ‘best of knowledge’ statement was grossly inadequate and unfair and furthermore should not have been allowed, but allowed it was. On the strength (weakness) of the evidence against him Sgt Robins was found guilty of the charge and sentenced to ‘death by musketry’. Because the evidence was so fragile to warrant a sentence of death it was assumed at the time that the Commander in Chief would commute the sentence to a term of imprisonment.
But fate, and Sgt Robins’ own (acting) CO were against him. In a letter supporting and even recommending that the sentence be carried out his CO, Lt Col Throckmorton wrote that he had previously had cause to admonish Sgt Robins about the way he conducted himself and his duties, reminding him that he was a SNCO and was expected to behave as one. He ended his letter with the damming statement saying that “His appearance is slovenly and his manner with the men bad. Generally speaking, I do not consider him a good NCOâ€. If that wasn’t bad enough the Bde Commander also recommended that the sentence be carried out and it was now passed to the Div Commander, Major-General Maude who alluded to the possible breakdown of discipline, so vital in difficult times when he said:
“The offence of which the accused has been convicted is, on active service, such a grave one and especially when committed by an individual holding the rank of Sergeant that I have no alternative but to recommend that the law be allowed to take its courseâ€
Robins’ only hope now rested with the General Officer Commanding the Mediterranean Expeditionary Force, General Charles Carmichael Monro.
General Monro was in Salonika at the time when he was supposed to review the case, perhaps enjoying his Christmas (why not?); this meant that Robins had an agonising two week wait before Monro concurred with all of the above and Robins’ sentence was confirmed on the first day of 1916. Brigadier Sir George MacMunn , who commanded the garrison at Mudros, said of the cruel wait that Robins had to endure before he learnt his fate:
“The condemned man, whose sentence, of course, was not known, had been living in a guard tent chatting with the guard for, I think, a fortnight, when orders came that the sentence had been confirmed and it was to be carried out forthwith. I often think of that poor wretch sitting in that tent for a couple of weeks and then being taken out and shot."
On the 2nd of January 1916 at 0805 Robins, aged 30, was led out and shot to death by a firing squad made up of men from the 8th Cheshire Regiment at Gully Ravine on the beach, perhaps in front of the assembled remnants of the Bn; the Bn war diary for that day simply reads:
“Sentence on Sgt Robins was carried out at 08.am. Bn employed on fatiguesâ€.
His effects, totalling £16. 1. 8d, went to his sister Alice Mara.
The full text of the short excuse for a trial and the letters that passed through the various formations culminating in the death of Sgt Robins, taken from the official documents of the day reads as follows:
Charge Sheet:
6th December 1915
No. 9610 Sgt. J. Robins
5th Battalion, Wiltshire Regiment
“Disobeying in such a manner as to show wilful defiance of authority, a lawful command given personally by his superior officer in the execution of his office.In that he, at Suvla on December 3rd 1915 when personally ordered by 2/Lt. MacMillan of 12th Cameronians (attached 5th Wiltshire’s) to accompany him on patrol stated that he was unwell and not fit for the work and that he, when passed as fit by a special medical officer’s inspection and again ordered to proceed on patrol, refused saying “I am not well, I will not go†or words to that effectâ€.
At Sulva this sixth day of December, 1915
Whereas it appears to me, the undersigned, an officer in Command of 40th Infantry Brigade on active service, that the persons named in the annexed Schedule, and being subject to Military Law, have committed the offences in the said schedule mentioned. And I am of opinion that it is not practicable that such offences should be tried by an ordinary General Court Martial:
I hereby convene a Field General Court Martial to try the said persons and to consist of the Officers hereunder named.
President
Lt.-Colonel M.J.B. Beresford 4/South Wales Borderers
Members
Captain S.Powell 8/Royal Welch Fusiliers
Captain R.D. Robertson 1st Gordon Highlanders (Attchd: 5/Wilts Regt.)
(Signed) A.C. Lewin Brigadier General
Commanding 40th Infantry Brigade
The Trial of No. 9610 Sergeant John Robins, 5th Wiltshire Regiment
Prosecution:
The accused No.9610 Sergeant J. Robins, 5th (S) Battalion, Wiltshire Regiment does not object to the President or Members. The President and Members are duly sworn. The Accused pleaded “Not Guilty†to the charge.
1st Witness
2nd Lieut. J. MacMillan 12th Cameronians attached 5th (S) Bn. Wiltshire Regiment being duly sworn states:-
“At Suvla on 3rd Dec:1915 I was detailed to go on Patrol taking with me an N.C.O.. I warned the accused, Sergeant Robins to accompany me. He replied that he was not well enough to go. As he had not reported sick I sent him to the doctors, who reported him fit to go on Patrol. I again ordered him to accompany me and he refused saying “I am not well enough. I will not go†or words to that effectâ€.
The evidence is read to the witness.
Accused declines to Cross-examine.
The witness withdraws.
2nd Witness
No.18714 Pte Allsworth 5th (S) B. Wiltshire Regiment being duly sworn states:-
“At Suvla on 3rd Dec: 1915 I was sleeping in the same bay in which Sergeant Robins was. After evening stand to I went to sleep and was woke by hearing Sergeant Robins say “I am not well enough to go on patrolâ€.
Cross-examined by the accused
1.Q Did you hear anyone give me an order?
1.A No.
2.Q Did you see an officer standing near me in the trench at this time?
2.A Yes.
3.Q Did you not hear this officer say something to me?
3.A No.
4.Q How is it that you heard me speak but did not hear the officer say anything?
4.A I don’t know.
5.Q Why did 2nd Lieut. MacMillan send for you to his Dug-out the next morning?
5.A He wanted me to give evidence.
The evidence was read to the witness.
The witness withdraws.
3rd Witness
Statement by Lieut. Thackery R.A.M.C
“At 6.0pm 3/2/15 I took Sergeant Robins temperature and felt his pulse. They were both normal. He complained of nothing definite whatever, except a general feeling that he was unwell. I gave him some medicine and told him to carry onâ€.
Accused declines to Cross-examine.
The Prosecution is Closed.
Accused declines to give evidence himself
Accused has no witness to call for his defence.
Accused has witness as to character.
Accused in his defence states:-
“On the night in question I was not well enough to go out. I was eight and a half years in India where I suffered a good deal from fever and ague and I still get fits of this. I had been suffering from this for several days off and on and the wet weather had greatly affected me. I have been out here nearly five months and this is the first trouble I have ever been in. I have always done my duty. This would not have happened if I had been quite well. At the time I did not realize the seriousness of what I didâ€
The court finds the accused No. 9610 Sergeant J. Robins 5th (S) Bn. Wiltshire regt. guilty of the charge.
The Court is again opened and the accused brought before it.
Captain and Acting Adjutant J.W. Greavy D.S.O 5th (S) Bn. Wiltshire Regiment being duly sworn states:-
“I am unable to produce A. Form B.122 as it was lost in the recent flood. With the exception of one entry at home the accused had to the best of my belief a clean sheet until quite lately.
Accused has no medals or decorations. I have no documents to show further evidence about himâ€
.
The Accused declines to Cross-examine this witness.
The witness withdraws.
Schedule:
6th December 1915
Name of alleged offender:
No. 9610 Sgt. J. Robins
5th Battalion, Wiltshire Regiment
Offence Charged:
“Disobeying in such a manner as to show willful defiance of authority a lawful command given personally by his superior officer in the execution of his office.
In that he, at Suvla on December 3rd 1915 when personally ordered by 2/Lt. MacMillan of 12th Cameronians (attached 5th Wiltshires) to accompany him on patrol stated that he was unwell and not fit for the work and that he, when passed as fit by a special medical officer’s inspection and again ordered to proceed on patrol, refused saying “I am not well, I will not go†or words to that effectâ€.
Plea:
Not Guilty
Finding, and if Convicted, Sentence:
Guilty – To be reduced to the ranks and to suffer death by being shot.
(Signed)
A.C. Lewin Brigadier General
Commanding 40th Infantry Brigade
Lt.-Colonel M.J.B. Beresford President FGCM
Recommendations:
To 40th Brigade
I have not much first-hand knowledge of Sgt. Robins and he has not impressed me favourably. I have had occasion to speak to men for neglect of duty. Just before the incident for which he was tried he had made a very impertinent reply to Lt. McMillan [sic] with which I did not think it necessary to charge him as the second offence was less as serious as the first one.
Captain Greavy informs me that he did his work well at home as a Sgt, but got drunk and was reduced to Corporal. As he worked well Captain Greavy had him made a Sergeant. Since his arrival in the Peninsula although no particular instance can be produced he has not shown up well nor in any way distinguished himself. His appearance is slovenly and his manner with the men bad. Generally speaking I do not consider him a good N.C.O.
(Signed)
Throckmorton
Commanding 5/Wilts
7/2/15
To HQ 13th Division
Proceedings of F.G.C.M on No.9610 Sergt. J. Robins 5/Wilts Regt are forwarded for confirmation together with his Commanding Officers report on this N.C.O. – Having regard to the nature of the duty that Sgt. Robins declined to perform I recommend that the sentence of the Court be carried out.
(Signed)
A.C. Lewin Br. Gen.
Commanding 40th Infantry Brigade.
On Service.
8 Dec. 1915
To 9th Corps
The offence of which the accused has been convicted is, on active service, a serious one and especially when committed by an individual with the rank of Sergeant that I have no alternative but to recommend that the sentence be allowed.
(Signed)
F.S Maude Major General
Commanding 13th Division
12.12.5
Confirmed
(Signed) C.C. Monro General
Commanding MEF
19 Dec 15
Sentence:
To Headquarters 40th Brigade
Please take the necessary steps to have the sentence carried out and report date, hour and place fixed.
1. A firing party of one officer, 2 N.C officers and 12 men belonging to another Battalion to be detailed.
2. As there is no A.P.M. at present with this Division a senior officer is to be detailed by you and superintend the execution.
3. A Medical Officer is also to be present.
4. The prisoner should be given the opportunity of seeing a Chaplain if he so desires; both Church of England and Roman Catholic Chaplains may be found at the 1st Field Ambulance at the foot of Gully Ravine.
(Signed) Austen (Captain)
Act/ D.A.A.&..Q.M.G.
13th Division
31.12.15
To Officer Commanding5th Wilts Regiment
With reference to the above, the Brigadier General directs that the Proceedings attached must be promulgated tonight and the sentence carried out at 8 a.m tomorrow; the execution to take place at a point on the beach 400 yards North of the mouth of the Gully Ravine. Officer Commanding 8th Cheshire Regiment has been instructed to furnish the necessary firing party. Captain H. Mann will superintend the execution. Your attention is directed to points 4 and 5 above. The accused is to be given the opportunity of seeing a Chaplain tonight if he wishes to. Please retain all correspondence.
(Signed) W. Parry Staff Captain
40th Infantry Brigade
31.12.15
To Headquarters13th Division
The sentence was carried out at 0805 hours this morning.
(Signed) A.C. Lewin Brigadier General
Commanding 40th Infantry Brigade
On service
2.1.16
Sgt Robins (now posthumously reprieved) is buried at Twelve Tree Copse Cemetery near Cape Helles. He left behind his wife of seven years, Ellen (nee Baverstock) who was from Great Bedwyn and his children Muriel aged six and Stanley aged five.
Wayne Price