During a bit of research concerning a memorial we're having erected (The Scottish War Memorials Project :: View topic - WEST WEMYSS WW2 memorial re 23 jan 1941 casualties) I downloaded from the National Archives the PM's Personal Minutes for early 1941, and found a transcript of a message WS Churchill had sent to the Secretary of State for War. Marked 'Private and Confidential' is is as follows; "I have not, of course, read the case*, but prima facie I am shocked at this sentence, which altogether overdoes the crime. I should have thought the verdict should be reduced from murder to manslaughter, and a sentence of not more than five years' penal servitude imposed. In this case there would be no necessity to make the matter public. It is much better not made public. However, I await your more definite advice. WSC 24.1.41 * Captain Savage" I checked for records about the case, but cannot find much about Captain Savage and his fate. What I did find was that there is that the National Archives have a 'Transcript of the Court Martial and appeal against the death sentence for the shooting of an alien internee'. This is file TS 46/36 from the Treasury Solicitors Office. Also, they show under LO 3/1237, Law Officers Department, a 'Conviction by General Cout Martial for murder' Not being able to download the files I've applied for them to be ordered, but will have to wait and see what this will cost. I checked further and found a James Walter Savage, born 01/08/1887 and Warninglid, Sussex, number 365949. image reference 449/429, but I'm not sure if this is the Captain Savage mentioned. Does anyone know Captain Savage's fate, did Churchill's opinion alter the decision?
There is a mention of him in the book listed in the link below: Murder, Mutiny and the Military: British Court Martial Cases, 1940-1966 | University of Queensland Law Journal | Find Articles at BNET
Aye, Thanks, I saw that reference, but there seems to be very little mention elsewhere. If the UoQLJ found data it must be available somewhere. I'll just have to see what the National Archives come up with when they return to work.
James Walter Savage, born 01/08/1887 and Warninglid, Sussex Appears on the 1911 Census, employed as a Bar Man Person: SAVAGE, James Walter Address: 126 Londesborough Road Southsea Portsmouth SAVAGE, James Head Married M 64 1847 Marine Pensioner Norfolk Norwich SAVAGE, Annie Wife Married 31 years F 56 1855 Sussex Warning Lid SAVAGE, James Walter Son Single M 24 1887 Barman Sussex Warning Lid SAVAGE, Dorothy Jane Rhoda Daughter Single F 17 1894 Hants Portsmouth
Ref Page 7049 London Gazette date 25 November 1941 page 6830 bottom right column; "Capt. J.W. Savage (98179) is removed from the T.A.R.O. 17th sept. 1941, on conviction by the Civil Power" Now to find out what happened next, and why?
Jake, You have a very interesting thread developing and I wish you luck in getting to the real story of what occurred. Regards Tom
National Archives estimate for digital copies of the 'Transcript of the Court Martial and appeal against the death sentence for the shooting of an alien internee'. This is file TS 46/36 from the Treasury Solicitors Office. £59.00!
During a bit of research concerning a memorial we're having erected (The Scottish War Memorials Project :: View topic - WEST WEMYSS WW2 memorial re 23 jan 1941 casualties) I downloaded from the National Archives the PM's Personal Minutes for early 1941, and found a transcript of a message WS Churchill had sent to the Secretary of State for War. Marked 'Private and Confidential' is is as follows; "I have not, of course, read the case*, but prima facie I am shocked at this sentence, which altogether overdoes the crime. I should have thought the verdict should be reduced from murder to manslaughter, and a sentence of not more than five years' penal servitude imposed. In this case there would be no necessity to make the matter public. It is much better not made public. However, I await your more definite advice. WSC 24.1.41 * Captain Savage" I checked for records about the case, but cannot find much about Captain Savage and his fate. What I did find was that there is that the National Archives have a 'Transcript of the Court Martial and appeal against the death sentence for the shooting of an alien internee'. This is file TS 46/36 from the Treasury Solicitors Office. Also, they show under LO 3/1237, Law Officers Department, a 'Conviction by General Cout Martial for murder' Not being able to download the files I've applied for them to be ordered, but will have to wait and see what this will cost. I checked further and found a James Walter Savage, born 01/08/1887 and Warninglid, Sussex, number 365949. image reference 449/429, but I'm not sure if this is the Captain Savage mentioned. Does anyone know Captain Savage's fate, did Churchill's opinion alter the decision? Captain Savage's name does not appear on the list of servicemen executed by the British Army between 1941-153, and nor does he appear on any of the list of criminals executed by civil authorities. Given Churchill's strongly worded hint to the Secretary of State for War, it seems probable that he received a commutation of his sentence from death to a term of penal servitude.
Ref Page 7049 London Gazette date 25 November 1941 page 6830 bottom right column; "Capt. J.W. Savage (98179) is removed from the T.A.R.O. 17th sept. 1941, on conviction by the Civil Power" Now to find out what happened next, and why? This strikes me as somewhat odd in view of the information suggesting that Savage was tried by court-martial. The ''civil Power'' in the United Kingdom refers to the ordinary criminal courts. I wonder if this was a different individual or if Savage was tried by both the civil and military authorities?
It looks as if he was tried by the Civil Court, then removed from the TA lists, as he was not a 'Regular' Soldier, so I wonder if was a Home Guard officer and had done whatever he did under civil law? All very strange. I can find no trace of a death certificate for him, and the name is fairly uncommon, as was his place of birth, but perhaps someone with a subscription to Ancestry.Co might find it? I contacted Gerry Rubin, who had written about the legal aspect of the case, but unfortunately he was unable to be of any help.
National Archives estimate for digital copies of the 'Transcript of the Court Martial and appeal against the death sentence for the shooting of an alien internee'. This is file TS 46/36 from the Treasury Solicitors Office. £59.00! Jake, I could probably photograph this file for you for a fraction of the cost of TNA quote. My charge is 10 pence per page (minimum of £5.00 per file). Based on the TNA quote, the file is probably less than 100 pages in total. So my fee would most likely be £5.00 to £10.00. Drop me a PM if you're interested. Lee
