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106
GORDONS AT "MONS.
WHO GAVE THE ORDER TO SURRENDER ?.
W39
Considerable public interest was manifested in the trial of the action for alleged slander arised by Colonel W. E Gordon, of the Gordon Highlanders, against John Leng & Co., newspaper pro- prietors, Dundee, which continued in the Court of Session recently before Lord Ormidale and a jury. The purer, who claims £5,000 damages, complains that in the defenders' newspaper, the People's Journal, it was erro neously stated that during the retreat from Moos he had ordered his men to throw down their arma and surrender, The statement was made in an article which purported to be written by Cor- poral George Muteh, late of the 2st Gordons.
Colonel Gordon, the pursuer, gave an account of the action at Audencourt on 25th and 26th August 1914. Up to a point he felt that the day was with the British His opinion was that they were merely in contact with a small isolated section of the enemy. Immediately afterwards heavy firing was poured in across the road, and the British officers emptied their fevolvers in the face of the enemy, killing many Germans. He gave the order to the mea. "Fix bayonets. We fight to the death or get through.". That appeal was not responded to at the moment.
Q-Could
understand you why? A.-Most certainly I un- derstood why.
A. Because Q-Why then? an officer shouted. "I order you to disobey Colonel Gor. don's order. T. call it bloody massacre. I am not in command of this column. It is an un- necessary sacrifice of life."
Q-Was that officer your sub- ordinate? A-At the moment be was. Q. Who was that officer? A.-Lieut.-Col. Neish.
Captain A. D. Stewart, Gordon Highlanders, said that Colonel Gordon's attitude was that of absolute refusal to surrender, and that if Colonel Neish had kept his mouth shut the column under Colonel Gordon would
bave broken through.
.. Other witnesses spoke of Colonel Gordon's soldierly con- duct on the occasion referred to. NEWSPAPER "STORY" DENIED.
Corporal Mutch was the first witness examined, and was questioned by Mr. Watt, K.C., as to the incident of the surrender.
Mr. Watt-Did
hear you
Colonel Gordon giving any order? 2X thatFix
-Yes.
What bayonets!" Was that at once carried out? Yes, by the men around me.
Did any other order come along the line?-Yes-Put rifles."
up, your
Anything about your hands? Yes, an order came immediately afterwards" Put down your rifles and put up your hand!"
Did you know who gave the order? I did not; it was passed down the line.
Did you ever think it was Colonel Gordon who gave it? did not.
ав
Νο οδο who own
CORONA
Come in and less what → wel de for you.
ALEX. ROSS & CO,, 4. Des Voeux Road Centra
DAY, SEPTEMBER 3, 1919.
*** THE“ KAISER'S BODYGUARD."
Wm. Bisset Anderson. Aber deen, late Regt. Sgt. Major in another battalion of the Gordon Highlanders, was asked for his opinion of Colonel Gordon
soldier. B
and replied. "One of the best." Witness had heard various rumours about the 1st Gordons at Mons, and on one occasion a man of the Cameron Highlanders told him he had no reason to congratulate himself an being a soldier, as he belonged to the Kaiser's Body- guard. On another occasion in a mess in Aberdeen, an Irishman in the AS.C., who was somewhat inebriated, said the Gordons had lost more men at Mons than the A.S.C., had lost during the whole war! (Laughter.) He resented that, and the result was the mess had to be cleared. (Renewed laughter.)
William Dawson, Edinburgh, a Gordon former officer of the Highlanders, said that on many occasions he had heard the re-
referred to giment
35 "The Kaiser's Bodyguard."
Other witnesses testified to the injury that had been done to the reputation of the Gordons.
THE DEFENCE. Cedric Fraser (28), journalist, Dundee, the first witness examin- ed for the defence, said he did not know any of the details about the behaviour of the Gordons during the Mons retreat until he interviewed Corporal Match on behalf of the People's Journal, Mutch told him that the order to surrender had been given by Colonel Gordon.
Witness went on to say that after several attempts he escaped Is there any truth in the allega- from Germany in November 1917.tion that statements were deliber- On his return home he was inter-ately inserted without authority viewed by a reporter from the "or justification in these articles People's Journal, and told him by the defender ?-No truth what- his experiences, He did not ever. They appeared exactly as write the article himself.
I wrote them, and I wrote them
You did not make any state- as I got them from Corporal ment to him as to who gave the Mutch. order to surrender?-No.
George Glass, editor of the Mr. Watt drew witness's atten- Peoples Journal, described the tion to the opening words of the previous witness as a reliable re articleIt is no use fighting porter. He denied that publica- any longer, men. It is only ation of the article in question by the useless sacrifice of life. We'd be had been inspired "better to put down our arms and shareholders of the Company, surrender. That day in Septem- including Colonel Neish, and fur- ber 1914, when Colonel Gordon, ther denied that there was any of the Gordon Highlanders, gave foundation for the suggestion that us the above order, was, I believe, the article was published for the the most eventful of my life." purpose of injuring the reputation
of Colonel Gordon,
Mr. Watt. Did Colonel Gor- don ever give you this order, or did you say to this journalist that he had given such an order?-No. The Solicitor-General (cross- examining)-Is it your view that
the order to surrender was an order which should not have been given-If it had, been given by a higher command, it was not for us to question.
Is it a fact that you never took any exception to the opening words of the article until you were summoned to a meeting in the Perth Records Office by Colonel Gordon?-That is quite true.
Be-examined by Mr. Watt, witness said there were between 400 and 500 Gordons concerned in the surrender, but there were also men of several other re- giments Royal Scots and Royal Irish among them and altoget her there were about 1,000 men there
...
"MARKYING “ DOWN.
INTERESTING VIEWS,
The Daily News gives the following views on the question of men who marry beneath their social scale
The Lord Chief Justice.-It is a very bad test that persons who marry into what is called the. class below them must be TG- garded as abnormal.
Mr. Justice McCardie.--I should say that it showed he was emphatically normal, because it showed that he had both courage and independence.
Opinion among newspaper readers differed widely about the above extract from recent law reports. The subject seems to have aroused special interest on account of the democratisa tion of the community which is said to have been produced by the war. Here are some of the views expressed by menibers of a City luncheon circle:-
Solicitor's Managing Cler More men are marrying below them now than before the warsım- ply because social life has become more free and easy. It isn't that men are brave bnough to marry the girl they want, or that it's easier for them to do it, but simply that they are not brave enough to refuse the girl they don't want, That is why ten men marry "down* for every one man that marries **up." --
Business Girton Girl-I don't know what the judges mean. What is "marrying below you"? Who are these brave "persons,” and why are they supposed to be specially independent?
Why shouldn't anybody marty any- body else without being bullied ? Publisher's Reader (recently de- mobilised). The war did nothing to bring officers and men together, at any rate behind the lines, where the officers belonged to
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their own trade union and ran the THE SIAM INDUSTRIES SYNDICATE,
show for their own benefit. The war, in my opinion, actually tend- ed to separate the classes. Even in the ranks there was a great Heal of cliquishness. So that if tbere really are more
down" marriages than formerly up" and
don't think it will add to the world's happiness.
Lady Typist.-Fellows with money take girls about more
used to than they"
de, and girls are smarter in keeping fellows up to the mark. So that's that!
The Man in the Corner:-It needs as much pluck and common- sense and affection on both sides as ever it did to make a really happy match between two people who were not brought up in the same sphere. The war has made very little difference. But where you do get the pluck and common- sense and -affection these marriages are often the happiest of all.
Had you any knowledge of their publication?-None what-
ever.
Witness stated that he was a shareholder in this newspaper, but had taken no part in the management of it.He had only attended one meeting of directors, and that 10 or 20 years ago.
Mr. Watt (cross-examining)—– You know this statement about Colant Gordon was false?—I ¦ knew Colonel Gordon did not give the order to surrender.
Did you thereupon write to Colonel Gordon expressing regret that such an article appeared? 17 I did not do so, and for a very good reason.
in
Why? Because the last tima I bad any word with Colonel Gordon was in Germany October 1914, when I adiresed him by name. He said, "I shall not speak to you again. I will ruin you." Therefore I did not write to Colonel Gordon.
Colonel Neish asked to be allowed to make a personal state- ment, and permission was grant-
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IZAL IN
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ed. He said:--I desire to make IZAL is obtainable at all the local dispensaries,
a remark in open Court as regards my situation in this case. I was cited here as a witness for the defenders, and I am not a party
in the case. Evidence has been his household had endured by contended
that there
George Neish (10), a share-
had bolder, in defenders' Company, and brother of Colonel Neish, said
led against me, which I have no reason of this foul statement foot been a syllable of evidence in he had nothing whatever to do with the preparation of the article, opportunity of refusing, but I am placed on him. If the jury award-support of the charge that and did not see it before publica-perfectly willing to have an ed Colonel Gordon a sum of £500 the defenders knew these state- inquiry in the proper quarter, that might be held to vindicate ments to be false at the time of where I shall be a party to the his character that was all he their publication. Their defence case, and where I shall have an asked, and that was only one-was that that article did not de- Fame Colonel Gordon and did not opportunity of calling witnesses tenth of the amount claimed. and of the case being inquired The Solicitor-General, in ad- defame the Gordon Highlanders, into. The last remark I wish to dressing the jury on behalf of the and furthermore, that it was not make is that under these circum-defenders, said that the case was capable of defamatory meaning, stances I take this opportunity one which, in his opinion, ought The case had proceeded on the of most emphatically denying never to have been raised in unfortunate misconception under that I ever gave the order to the Court. He did not believe there which Colonel Gorden was that mixed column to surrender. was a single citizen in this coun-the article in question had been try who would say a word to inspired by Colonel Neish: The At the conclusion of the evid-belittle the military work and inisunderstanding & had sim ence Mr. Watt, K.C., for the character of Colonel Gordon, and fanately led this gallan pursuer, said that Colonel Gordon he did not think there was a to stake a wrong. did not want to make any money single newspaper which would situation. out of this case. No amount of consciously or knowingly publish the jury, after money hot £5000 day mould gne single article that was dero 50 minut ever take-away the pain-and-gatory to the pum suffering that Colonel Gordon and career. «The
tion or inspire it in any way whatever.
COLONEL NEISH. Lieut.-Colonel F. H. Neish (56), late commanding officer of the 1st Battalion Gordon Highlanders, said he went to France in com- mand of his battalion in 1914. He was a prisoner in Germany from, 27th August 1914 until 12th August 1916, when he was sent to Bwitzerland on account of ill- health. He returned to this country in September 1917, and was gazetted out in April of this year on account of ill-health con- tracted on active service.
The Solicitor-General-It is suggested you deptrad the articles ? Absolutely untrue.
THE VERDICT.
military renkios for tor-Generali sasoised the