HC Deb 13 March 1906 vol 153 cc1081-2
MR. CLAUDE HAY

To ask the Secretary of State for War if he will state the grounds upon which the conviction of Gunner H. Flanagan, X Battery, Royal Horse Artillery, was quashed; the names of the officers who composed the court martial at which Flanagan was convicted; and what punishment, if any, has been inflicted upon these officers for their conduct in this matter.

MR. CLAUDE HAY

To ask the Secretary of State for War whether Gunner H. Flanagan, X Battery, Royal Horse Artillery, was tried by a district court martial for fraudulently enlisting in the 6th Dragoon Guards on 7th February, 1902, and that he was supposed to be a Private Elborne who had actually been guilty of the offence stated; whether, at that trial, the official documents upon which the charge against Flanagan was based showed that Elborne had two tattoo marks on his left forearm, when, as a matter of fact, he had two tattoo marks on his right forearm; whether Flanagan immediately proved he had no tattoo marks on his forearm; whether Flanagan was not permitted to read the documents which were put in to secure his conviction; and whether Elborne was officially described as five feet six inches in height and Flanagan is six feet in height.

MR. CLAUDE HAY

To ask the Secretary of State for War whether the Governor of Cork Prison, at or about 9 a.m. on the 23rd December last, read to Gunner H. Flanagan, X Battery, Royal Horse Artillery, a charge sheet and gave it to him officially, at the same time warning him that he would be tried by a district court martial at 11 a.m. the same day; and whether the trial took place on the 23rd December.

(Answered by Mr. Secretary Haldane.) As I have already explained to the hon-Member, the conviction was quashed because identity with the deserter Elborne had not been proved. As regards the officers composing the court martial, no punishment has been inflicted upon them, nor is it, in any respect, called for. I do not, therefore, see any reason for publishing their names. The trial took place on the 23rd December, and Gunner Flanagan was warned for trial between 9 and 10 a.m. on the 22nd. As regards the other points raised in reference to the court martial proceedings, it would not appear desirable that such details should be discussed through the medium of Question and Answer in the House.