Extracts and Comments
(from Sources as shown) | |
Murray: Orderly-Room Sergeant 1.6.1900.
B5172: c/- Valley Qld.
URL2: photo #122.
URL3: Squabbling Swaddies. A Lieutenant in Trouble. Did He "Pinch the Poke"? He Must "'Pay, Pay, Pay". On Wednesday morning last [10.6.1903] two returned "Swaddies" came to the City Summons Court to get Messrs. RA RANKING and 0 ARMSTRONG PMs and various justices, to settle a little difference between them about seven gold sovereigns. The plaintiff, James Wm. GAMBLE, was a trooper in the Sixth QIB, and Messrs. MCGRATH (of Messrs McGrath & O'Neill) appeared for him. The defendant, Wm. D EVANS, who was a lieutenant in the same batch of Boer-baiters, was defended by Mr. NEILSON. PLAINTIFF'S STATEMENT was that in June, 1901, when at a place called Fort Petersburgh, S'Africa, he had orders to go with others and take a kopje; but before going he went to defendant, Lieutenant EVANS, and gave him £7 to take care of. That was the last he saw of defendant in S'Africa. He next saw him in Brisbane, at the Survey Office, and asked for his money, but with one excuse and another defendant always put witness off. He then went to the War Department pay office and made a formal complaint in writing, and afterwards instructed his solicitor. He saw defendant again but he declined to have anything to do with witness. By Mr. NEILSON - He gave defendant the money at Fort Petersburgh, but could not remember the date. He remembered when MILLS WAS KILLED, but could not say if it was in June, 1901. He was in the remount depot for a fortnight, at Standerton, in June, 1901. He afterwards rejoined Grey's column in July, 1902 (sic). He could not say the month defendant left the column. Plaintiff here got very loquacious, and volunteered the information, that he know the date upon which EVANS was dismissed from the service. Mr. NEILSON told him to answer questions, not to volunteer statement. This led to witness attempting to give the bench a vivid account of some occasions upon which he was one of a party which charged a kopje. Continuing his evidence, witness said he had done nothing since his return. Before he went away he had worked for the Railway and Lands Departments, and various other places. He was discharged from the Metropolitan Federal Building Society for being short in his cash. By Mr. RANKING - He could not remember the amount of cash he was short. Edwin ARNOLD, a mate of last witness, who was in the same contingent, gave evidence to GAMBLE giving money to defendant. There were several officers present at the time. He never saw EVANS again in South Africa. Wm. D EVANS, of the Survey Department, and formerly a lieutenant of the 6th QIB, said that on June 1, 1901, he was officer in command at the Remount Depot at Standerton. He denied that GAMBLE had ever given him £7 to take care of. On one occasion plaintiff had given him £10 to take care of, but this was returned at Frienoster Kop, in the Orange River Colony. Plaintiff WHEN HE GOT THE CASH, said he had never expected to see it again. He made a rough, note of the return of the cash in his pocket book at the time. He now produced that book. He owed GAMBLE absolutely nothing. By Mr. MCGRATH - Plaintiff had never given him any money to take care of except the £10 at Standerton. He never said, to a man named KENNEDY that his tent had been gone through, and that all the money including GAMBLE's had been taken, but that in consequence of what he (GAMBLE) had done he would not pay him a 'brown'. Patrick KENNEDY, another returned trooper, and who had been employed in the pay office as a clerk, said that he had unofficially seem about the £7. He had no interest in the matter at all, but he remembered perfectly defendant saying to him that his (defendant's) tent had been gone through, and a lot of cash taken, and that he had intended paying GAMBLE his, but owing to what he had done he would not now pay him a "brown". This was at the office, but he could not give the exact date. It was after September 1902 (sic). He had considered it his duty to tell Mr. GALL, his superior, what defendant told him, and did so a few days after. By Mr. RANKING - HE TOLD MR. GALL, but did not tell GAMBLE about defendant's conversation. Mr. NEILSON asked for a dismissal, and in reviewing the evidence said that his client was a man who had been for years a trusted servant in the Survey Department, and against whom nothing had ever been said, but that plaintiff had admitted that his connection with the Metropolitan Freehold Building Society had resulted in his discharge for dishonesty, and that since he came back from South Africa he had done nothing but loaf about. Mr. RANKING - Everybody who has not the good fortune to be in a billet is not a "loafer", Mr. NEILSON. Mr. MCGRATH said that he did not consider defendant the reliable witness that his solicitor wished to make out, and produced a letter initialled by Mr. GALL, to the effect that defendant was not entitled to any gratuity, and also that he (GALL) thought that GAMBLE's statement was a true one, and that EVANS did owe the money. The memo, Mr. MCGRATH said, went on to make some remarks about defendant which he would not read. The Bench gave judgment to plaintiff for £7, with £1 1s. professional costs, and 15s. witness expenses, and ordered half to be paid in seven days and the other half in one month.
|