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Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
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Peck, Peter John. Trial of Thomas Hamilton White
Description
An account of the resource
Five items. Documents about the court martial of Thomas Hamilton White in India. Peter Peck acted as Defending Officer.
Date
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2016-04-25
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IBCC Digital Archive
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This content is available under a CC BY-NC 4.0 International license (Creative Commons Attribution-NonCommercial 4.0). It has been published ‘as is’ and may contain inaccuracies or culturally inappropriate references that do not necessarily reflect the official policy or position of the University of Lincoln or the International Bomber Command Centre. For more information, visit https://creativecommons.org/licenses/by-nc/4.0/ and https://ibccdigitalarchive.lincoln.ac.uk/omeka/legal.
Identifier
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Peck, PJ
Transcribed document
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Transcription
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[underlined] THE CLOSING ADDRESS FOR THE DEFENCE. [/underlined]
Mr. President and members of this honourable court martial you have listened with considerable patience to the evidence of both the prosecution and the defence.
Accused who is placed before you is defending himself against a charge of conduct to the prejudice of Air Force discipline. In order to substantiate that charge in its entirity [sic] the prosecution has [deleted] not [/deleted] set out to prove that the accused’s conduct was in fact prejudicial to Air Force discipline by virtue of stopping a lorry belonging to Karta Singh and that he did subsequent to the stopping of his lorry that he did discharge several rounds from a revolver.
The defence is a complete rebuttal of the whole charge but it does admit the firing of the revolver in the circumstances and for reasons as will be stated.
Let us analyse the evidence [inserted] of [/inserted] each witness as we proceed. Karta Singh has stated that when the accused came up to his lorry in the first incident, that he went up to the accused and the accused abused him – This is substantiated by the witness for the prosecution No. 3, but this witness also stated that Karta Singh abused the accused by calling him a “Bloody Fool”.
The defence deny abuse until Karta Singh had commenced it, then it became reciprocal.
Witness No. 3 also states that Karta Singh got a starting handle of his lorry and held it in an attitude that was obviously threatening towards the accused. Although this was not admitted by Karta Singh all the evidence for the defence states that he had this starting handle and further that he also struck at the accused and although [deleted] he [/deleted] it did not hit the accused it did damage the lorry. This apparently closed the incident and the accused went about his business.
Witnesses for the prosecution have stated that their vehicle was damaged and sometime broken down and that after they had adjusted their lorry it still went at a slow pace.
The prosecution and the defence both admit that Karta Singh’s lorry was broken down some little distance from Kharagpur but was heading for Kharagpur when repaired. Accused has stated and is collaborated by defence witness No. 2. that they drove off to the station and did in fact arrive at the Kharagpur Station shortly after the first incident.
Now even assuming that Karta Singh’s lorry was even travelling at [deleted] [indecipherable number] [/deleted] 5 or 10 miles per hour it is not possible from the prosecution evidence for the accused to anticipate where Karta Singh’s lorry would be at any given time after the first incident. Furthermore the accused did not set out on his journey to Midnapore Hospital until some forty minutes after the first incident took place. The prosecution have stated and the defence has admitted the second incident took place on an entirely different road to the first incident, and the prosecution witnesses have tried to infer in their evidence that the accused went after them deliberately.
Is this a reasonable inference considering the times and places of the first and second incidents. The prosecution have made great play on the accused being armed with a weapon 2 foot long.
[page break]
2.
A weapon as long as the third witness’s arm, “bundocks” which have been translated to mean a rifle, and a pistol. Which again obviously infers that the accused went deliberately after them with these weapons.
Karta Singh, witness No. 1 for the prosecution spoke at length and demonstrated of the actions he took to evade the bullets coming from the accused’s [underlined] weapons. [/underlined] He actually produced scars on his chest, ascerting [sic] that these came from ricochettes. [sic] He further stated that the accused directed the shots towards him underneath Karta Singh’s vehicle.
Now witnes [sic] No. 3 for the prosecution, who sat in the driver’s seat of Karta Singh’s vehicle stated that he saw all the shooting and that Karta Singh stood with [deleted] h [/deleted] this starting handle raised above his head while the shooting was in progress. He also saw that the accused was [underlined] not [/underlined] shooting at Karta Singh.
Both Karta Singh and Munawar Ali are prosecution witnesses and yet Munawar Ali’s evidence substantiates the defence account of what did take place at that time. The truth of those statements the defence leaves entirely to you gentlemen to ascertain.
Karta Singh went to a doctor sometime after the incident and showed this doctor three wounds in his chest which the doctor as an expert said they were burn wounds or wounds as a result of a burn and superficial. Can you imagine, gentlemen, a bullet striking the metal of a chassis and rebounding on a person’s body at so short a range and yet only causing superficial wounds as the one described. It is hard to think that such a thing could possibly be believed.
This lorry of Karta Singh’s in the prosecution’s evidence travelled only 1 1/2 miles in between 45 and 60 minutes. Even assuming it was moving at the time of the second incident when the accused pulled up in front of it, it is obvious that it must have been going very slow for the driver to stop immediately and still leave himself room to carry on if he wanted to.
The defence contends that this lorry was either stopped or stopping when the accused was approaching the rear and this is further emphasised by the fact that either the driver or Karta Singh made some signal to the on coming lorry driven by the accused and that in fact the accused did not stop the lorry. If it is to be believed that the accused did stop the lorry then the prosecuting witnesses are averring that the accused went deliberately gunning for them.
This gentlemen is absurd!! The accused, having been waved down obviously assumed his assistance was required and it was mere coincidence that it happened to be the same lorry with the same three persons that were also involved in the first incident with the accused.
It’s possible of course that Karta Singh, on recognising the accused did think the accused was after him, knowing that he had already damaged a government vehicle during the previous incident. Otherwise why did he state that he was afraid of the accused when he saw him. But and this I must emphasise. . . if he saw, as he alleges the accused getting out of his lorry with a weapon in each hand, why did he go for a starting handle, why didnt [sic] he run away. And he did get that starting handle because his driver saw him and stated so in his prosecution evidence. The defence maintains that he could not be armed when he got down from his vehicle. He could not have been, he does not usually look like a walking arsenal. In fact Karta Singh saw that he had no weapons in his hands, that’s why he went for [deleted] his [/deleted] the starting handle.
[page break]
3.
Gentlemen I ask you as individuals to put yourself in the place of the accused. Standing on the ground outside his lorry with nothing but his bare hands, the engine of his lorry [deleted] a [/deleted] stopped and a man of Karta Singh’s physique armed with a starting handle, which is obviously made of metal and could be a formidable weapon, and advancing towards you in an aggressive attitude and it must be aggressive, he is holding that weapon above his head ready for striking. Would not such a situation cause you to apprehend that if you were struck by that bar of heavy metal that you would receive some bodily injury? And wouldn’t it make you think of how to get at the first thing available to give you protection? That is the position the accuse [sic] found himself in, and the fact that the accused belongs to the service does not deny him the right to private defence.
[deleted] Now may I draw your attention to the Indian Penal Code, para’s [inserted] 96 x 97 x 99 x 100 x 102 [/inserted] [/deleted]
[deleted] Now on these sections of the Indian penal code, [/deleted] Defence [deleted] must [/deleted] asserts that the accused merely defended himself in the right of private defence. And that the action he took in firing his revolver was necessary to ward off the attack and to release the accused from further apprehension of such an attack. Prosecuting witness No. 3. stated that Karta Singh stood in his threatening attitude towards the accused while the firing was going on, this is also borne out by the accused himself and further when Karta Singh ran away the accused unloaded his pistol, got in his truck and drove away, well knowing that what he had done had stopped further aggression from Karta Singh.
The accused stated that he is normally armed with a pistol and further it was [deleted] B [/deleted] brought out of questions of the court to the accused that he had had the pistol in his possession for some time. Therefore, it must be infered [sic] from these two facts that the accused was familiar with a revolver and cannot it not be further infered [sic] that had he so desired he could have shot directly at Karta Singh and had he done so and even caused Karta Singh’s death he would still only be exercising his right of private defence.
Can you in any way assume on the evidence given that there was any conduct prejudicial to Air Force discipline by the accused in firing this pistol in his own defence and in this right of private defence.
If there is any doubt in your minds as to whether Karta Singh’s lorry was stationery or moving very slowly when the accused pulled his lorry in front of Karta Singh’s lorry I ask you to exercise this doubt in favour of the accused. If this is so there is no question of the accused committing an offence of conduct to the prejudice of Air Force discipline, and this is further supported by the fact that the accused reported the whole incident to his superior on his immediate return.
And on this the defence [deleted] also [/deleted] asks for an acquittal.
[signature]
P.J. PECK. F/L.
DEFENDING OFFICER.
Dublin Core
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Title
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Closing Report for the Defence
Description
An account of the resource
The defence report produced by Peter Peck.
Creator
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PJ Peck
Format
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Three typewritten sheets
Language
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eng
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SPeckPJ164710v10005-0001, SPeckPJ164710v10005-0002, SPeckPJ164710v10005-0003
Coverage
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Royal Air Force
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This content is available under a CC BY-NC 4.0 International license (Creative Commons Attribution-NonCommercial 4.0). It has been published ‘as is’ and may contain inaccuracies or culturally inappropriate references that do not necessarily reflect the official policy or position of the University of Lincoln or the International Bomber Command Centre. For more information, visit https://creativecommons.org/licenses/by-nc/4.0/ and https://ibccdigitalarchive.lincoln.ac.uk/omeka/legal.
Publisher
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IBCC Digital Archive
Contributor
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Tricia Marshall
Date
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1946
Temporal Coverage
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1946
Spatial Coverage
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India--Kolkata
India--Kolkata
India--West Bengal
military discipline
-
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Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Peck, Peter John. Trial of Thomas Hamilton White
Description
An account of the resource
Five items. Documents about the court martial of Thomas Hamilton White in India. Peter Peck acted as Defending Officer.
Date
A point or period of time associated with an event in the lifecycle of the resource
2016-04-25
Publisher
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IBCC Digital Archive
Rights
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This content is available under a CC BY-NC 4.0 International license (Creative Commons Attribution-NonCommercial 4.0). It has been published ‘as is’ and may contain inaccuracies or culturally inappropriate references that do not necessarily reflect the official policy or position of the University of Lincoln or the International Bomber Command Centre. For more information, visit https://creativecommons.org/licenses/by-nc/4.0/ and https://ibccdigitalarchive.lincoln.ac.uk/omeka/legal.
Identifier
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Peck, PJ
Transcribed document
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Transcription
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1.
I am normally employed with M.C. Section at Kharagpur. I was with that section for about 10 months. On the 3rd of August 1946, whilst still employed with this section I had occasion to deive [sic] F/Sgt Mitchell of the same section to Salboni. It was about 12.30 P.M. when I arrived at Salboni. As the F/Sgt was detained there I returned to Kharagpur to my section. When about half a mile from Salboni camp I was pulled up by A.C.1 Callaghan who requested a lift to Kharagpur railway Station. A.C.1 Callagahan [sic] got into the cab with me and we proceeded towards Kharagpur. At about 2 P.M. and when we were about three miled [sic] from Kharagpur I came up to a truck which was stationary but in the middle of the road blocking the way. I pulled up and shouted out to ask what was the matter. I saw there were three Indian civilians round the bonnet of the stationary truck. One shouted back to me something od thich [sic] I understood the words petrol and carburetter. [sic] I was in a hurry to get to my section H.Q. and so I asked in the best way I could to make them understand me to push the truck on to the side of the road and allow me to get by. One of the three civilians whom I knew to be Khartar Singh and a Sikh came up to where I was sitting in the cab of my truck gestulating [sic] with his arms and shouting. This surprised me for this Sikh’s actions and his tone of voice were obviously aggressive. I spoke to him in English telling him that I [deleted] [indecipherable word] [/deleted] wanted to get by. He then called me a sewer ka butcha and although I did not know the exact meaning of this phrase I do know it’s a bad expression. I in return called him a munki chute and again although I did not know its exact meaning, it seemed to infuriate the Sikh still more so much so that he struck at me with his clenched fist which grazed by chin. I then made a movement as if to get out of the cab at which the Sikh moved of [sic] to his own vehicle shouting. One of the other civilians got a starting handle from the front of the stationary truck and handed it to the Sikh. The Sikh then rushed to my side of the cab again brandishing this starting handle in a threatening manner. On arriving at where I was sitting he struck at me with this starting handle. I drew back and the blow landed on the cab door smashing the door handle. At this the Sikh jumped back a pace and looked surprised at what he had done. As he moved away I let in my clutch and moved off slowly between the stationary truck and the edge of a deep ditch at the left side of the road. My engine had been running throughout the incident. I continued then to Kharagpur railway station dropped A.C.1 Callaghan, parked my lorry and reported to the R.T.O’S Office for duty.
For the last few days prior to this incident I had been suffering with a boil on my left forearm and on the day of this incident after I had completed my duty at the railway station I went to keep an appointment at the C.M.N. Midnapore to get my arm dressed. I intended to get a bottle of medicine from the bazaar while on my way to Midnapore. On my way to the bazaar I saw a stationary lorry on the left side of the road, and as I approached it someone dressed like an Indian waved me down. I passed the [deleted] [indecipherable word] [/deleted] truck and pulled into the left of the road in front of the stationary truck and stopped. The distance between the two vehicles would be about 12 yards. I jumped out of my cab leaving the cab door open, with the good intention of going to [deleted] [indecipherable word] [/deleted] be of what assistance I could with the stationary vehicle as I assumed it must be broken down for the civilian to have waved me to stop.
I think the recognition of the Sikh of the previous incident by myself and his recognition of me was both mutual and instantaneous. This Sikh immediately he recognized me went to his cab and pulled out an object which I recognized as a starting handle. He again ran toward me shouting and gestulating [sic] and brandishing this starting handle in a threatening manner. As I was on the ground I realized that if this Sikh struck me with the staring handle he would do me [deleted] [indecipherable word] [/deleted] serious and grievous bodily harm and since on a previous occasion about two hours
[page break]
2.
earlier this same Sikh had struck at me with what appeared to be the same starting handle I naturally had great apprehension that I was likely to come to some injury.
I am armed with a Smith & Weston [sic] pistol revolver of .38 calibre as my personal weapon which is entered in my Air Force India from 667/B and I normally carry this pistol about with me when on duty. On this particular occasion this pistol was under my drifing [sic] seat. It was at this time loaded I was standing near the cab door when the Sikh began to run towards me. I reached inside the cab and pulled out the pistol since I had no other means at hand to protect myself against this sudden attack. I brandished the pistol thinking the Sikh would think better of attacking me and go away. However, he continued towards me and so that he could see my pistol I advance towards him. When I had reached the rear of my truck the Sikh still came on. He was about three to four yards from me by now and still realising that I would be seriously injured should the Sikh strike me I fired my pistol to pull him up. I fired about a yard or more from his feet at the gravel and to his left side. I saw the bullets were going into the soft earth on the side of the road. I was firing in an oblique line across the Sikh’s front. I fired six shots in rapid succession in about five seconds and although the firing halted the Sikh he still stood there brandishing the starting handle in a threatening attitude until I fired the sixth shot when he turned round and ran away to the rear of his own lorry. Being familiar with pistol firing, it came as an automatic action for me to unload the pistol which I did letting the empties fallt o [sic] the ground. I did not stop to pick up the empty cartridges but jumped on to my vehicle and returned immediately to the R.T.O’s Office where I reported the incident to F/Sgt Mitchell who had in the meantime returned from Salboni. This F/Sgt, was my immediate superior and is in charge of that M.C. Section.
While the incident was taking place I saw that one Indian civilian was in the driving cab of the stationary lorry. A third Indian civilian with this party I saw standing by the side of the lorry while the shooting was taking place.
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Statement by Thomas Hamilton White
Description
An account of the resource
Thomas' explanation of the events.
Creator
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Thomas White
Format
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Two typed sheets
Language
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eng
Type
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Text
Identifier
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SPeckPJ164710v10008-0001, SPeckPJ164710v10008-0002
Coverage
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Royal Air Force
Rights
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This content is available under a CC BY-NC 4.0 International license (Creative Commons Attribution-NonCommercial 4.0). It has been published ‘as is’ and may contain inaccuracies or culturally inappropriate references that do not necessarily reflect the official policy or position of the University of Lincoln or the International Bomber Command Centre. For more information, visit https://creativecommons.org/licenses/by-nc/4.0/ and https://ibccdigitalarchive.lincoln.ac.uk/omeka/legal.
Publisher
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IBCC Digital Archive
Contributor
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Tricia Marshall
Temporal Coverage
Temporal characteristics of the resource.
1946-08-03
Spatial Coverage
Spatial characteristics of the resource.
India
India--West Bengal
military discipline
-
https://ibccdigitalarchive.lincoln.ac.uk/omeka/files/original/1654/26568/SPeckPJ164710v10002.2.pdf
941e1f27ab7959f169f22351b24634b3
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Peck, Peter John. Trial of Thomas Hamilton White
Description
An account of the resource
Five items. Documents about the court martial of Thomas Hamilton White in India. Peter Peck acted as Defending Officer.
Date
A point or period of time associated with an event in the lifecycle of the resource
2016-04-25
Publisher
An entity responsible for making the resource available
IBCC Digital Archive
Rights
Information about rights held in and over the resource
This content is available under a CC BY-NC 4.0 International license (Creative Commons Attribution-NonCommercial 4.0). It has been published ‘as is’ and may contain inaccuracies or culturally inappropriate references that do not necessarily reflect the official policy or position of the University of Lincoln or the International Bomber Command Centre. For more information, visit https://creativecommons.org/licenses/by-nc/4.0/ and https://ibccdigitalarchive.lincoln.ac.uk/omeka/legal.
Identifier
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Peck, PJ
Transcribed document
A resource consisting primarily of words for reading.
Transcription
Text transcribed from audio recording or document
[inserted] [underlined] Certified True Copy [signature] [/underlined] [/inserted]
1.
SUMMARY OF EVIDENCE
IN THE CASE OF
NO. 1566828 L.A.C. WHITE, THOMAS HAMILTON
H.Q. MOVEMENTS EASTERN REGION, RAF CALCUTTA.
1st Witness for the Prosecution.
KARTAR SINGH.
Kartar Singh, Truck owner of Punjab Motor Workshops Gae Bazaar, Kharagpur, states:-
At 1600 hours on a day about two months ago I was coming back from Midnapore in the front seat of my truck, Chev 2 ton. About one mile from Kharagpur on the Midnapore road my truck broke down owing to a petrol stoppage. It stopped on the left hand side of the road, the off side wheels being in the middle of the road. After about fifteen minutes an airman came up in a 15 cwt. Chev. and stopped. The accused whom I recognise, was driving and he had a passenger sitting along side him in the drivers cab. I was standing on the left hand side of the road, just in front of my truck, when the accused stopped in his truck. I went around to the accused’s truck and tried to explain to him that my truck had broken down owing to a petrol stoppage. Then the accused leaned out of the window and aimed a blow at me with his fist. I ducked and the blow missed me. Then the accused opened the door of his truck and put one foot on the step. I then ran around to the front of my truck and took out the starting handle. I then went around to the left of my truck slightly in front, with the starting handle in my hand. I did this in self defence. Two other Indians who were with me were cleaning the carburettar. [sic] The accused then drove off in his truck.
Five minutes later my truck was started up and I left for Kharagpur. Near the pig sheds in the Traffic settlement, the accused passed us in his truck and stopped in front of us. We also stopped. I then jumped out of my truck and ran around to the back of it. The accused then opened fire at me with his gun. I took shelter behind my truck all the time that the accused was shooting. The accused shot at me underneath my truck with his revolver and a bullet rebounded off the chassis of the truck and hit me in the chest. My shirt did not get torn as I had the top two buttons undone. By this time quite a number of people assembled and the accused drove off. I then went to Kharagpur Town Police Station and reported the incident. I went to get my chest treated at approximately 2300 hours that night. I had my chest treated at the hospital near the Kharagpur Local Police station. After that I went home.
The witness is cross examined by the accused as follows:-
Question 1. Why did Kartar Singh run around to the back of his truck at the second meeting?
Answer 1. Because I thought that the accused might have some weapon with him, and I was afraid.
Question 2. What made you think that I had a weapon with me when when [sic] you could only see my head and shoulders?
Contd. on page 2.
[page break]
2.
Answer 2. Because I saw the gun in his hand.
Question 3. Why did you wait six hours before going to see the doctor?
Answer 3. He was detained at the Police Station.
The evidence of the First Witness for the Prosecution was given in Hindustani and was interpreted by T. AHMAD Assistant Superintendent Police, Kharagpur. Certified that the above evidence is a true interpretation.
Sd/- T. AHMAD.
2nd Witness for the Prosecution.
MUNAWAR ALI. Driver, Living at Bawanipore Kharagpur, states:-
One day about 2 months ago about 1700 hours I.S.T. I was coming from Midnapore to Kharagpur in a truck belonging to Kartar Singh. About one mile from Kharagpur my truck stopped due to petrol trouble. It was a Chev. 3 ton and I was driving. It stopped on the right hand side of the road. I then got out and tried to repair the petrol pipe which was under the bonnet. Whilst I was tinkering under the bonnet, the accused, whom I recognise, drove up from behind and stopped his truck alongside mine on the left of it. Because my truck was standing on the wrong side of the road, the accused asked why it was stopped there. And I replied that I was having trouble with the petrol pipe. At this time Kartar Singh was standing on the left of my truck near the bonnet, that is between my truck and the accused’s. (Kartar Singh was standing near the accused who was sitting in the driving seat of his truck). The accused and Kartar Singh started abusing each other and Kartar Singh hit the accused with his fist. The accused than [sic] hit back with his fist. Kartar Singh then got hold of the starting handle of his truck and brandished it above his head. The accused than [sic] started up his truck and drove off into the direction of Kharagpur. About 3 or 4 minutes later, I started my truck and left for Kharagpur. Whilst passing the pig sheds near the Sweepers’ Quarters, accused’s truck passed us and stopped about 10 or 12 paces in front of our truck. We also stopped. The accused also stepped down from his truck with a pistol in his hand. Kartar Singh went towards the accused brandishing the starting handle above his head. I was sitting in the driver’s seat of my truck and saw everything clearly. After firing about 7 rounds the accused got back into his truck and drove off. I then drove to Gae Bazaar where Kartar Singh got out, took a rickshaw and went to the Police Station.
Contd. on page 3.
[page break]
3.
The witness is cross examined by the accused as follows:
Question 4. Could you see Kartar Singh all the time that I was firing the gun?
Answer 4. Yes I could see him all the time the accused was firing, standing there with the starting handle raised above his head.
Sd/-
The evidence of the 2nd Witness for the Prosecution was given in Hindustani and was interpreted by T. AHMAD Assistant Superintendent Police, Kharagpur.
Certified that the above evidence is a True interpretation.
Sd/- T. AHMAD
25/9/46.
3rd Witness for the Prosecution.
E.C. 9866 Major Clarke. Henry, Military Intelligence Liasan [sic] Officer/Additional Superintendent Police Midnapore, being duly sworn states:-
On 3rd August 1946 at approximately 2100 hours B.T. I received a report from the Superintendent of Police Midnapore, with the result that we proceeded to the Kharagpur Local Police Station. I met the complainant Kartar Singh and Sub Inspector S.A. Rashid at the Police Station at 2300 hrs B.T. With a result of a report received there I went to see the accused, whom I recognise. I asked the accused about the incident that took place and he immediately admitted firing six rounds from a 38 Smith and Wesson revolver which he produced. He stated that he fixed the rounds at the ground for self protection as the occupants of a broken down vehicle prepared to attack him, with a starting handle of a lorry a tyre lever etc. On being questioned why this altercation took place, he informed me that three or four Indians were obstructing the roadway with a broken down vehicle. He had asked the people to remove their vehicle to the side of the road so that he could pass. An argument took place from whence the above quoted incident ensued. On being further questioned as to whether he aimed at the complainant he stated that the six shots which he fired were at the very least ten feet away from the complainant, fired from a different direction from where the complainant was standing. I placed the accused in close arrest and he was handed over to an R.A.F. escort for R.A.F. Station Salbani on the 4th August, 1946.
The accused declines to cross examine the witness.
Sd/- E.C. CLARKE Major
M.O.L.O./Addl. S.P. Midnapore, 25/9/46.
Contd. on page 4.
[page break]
4.
4th Witness for the Prosecution.
Dr. A.K. Ghosh, Civilian Doctor of Government Auxiliary Hospital, Kharagpur states:-
I am a fully qualified Doctor employed as a house surgeon at Government Auxiliary Hospital Kharagpur. On 3rd August 1946 at night time Kartar Singh came to me with an injury on his chest. I examined him and found three burnt areas across his chest. They were first degree burns. The burnt areas could be caused by a hot iron placed on Kartar Singh’s chest, because there was no abrasion, only three separate burns. It might have been caused by the grazing of a bullet. I treated Kartar Singh as an outdoor patient and he went home. He did not come back for further treatment.
Accused declines to cross-examine.
Sd/- A.K. Ghosh
3/10/46.
5th Witness for the Prosecution.
18727 F/Lt. Osborn, Douglas James of H.Q. R.A.F. Movements Eastern Region being duly sworn states:-
I am employed as M.T.O. Acting Adjutant at R.A.F. Movements Eastern Region Calcutta. I produce a certified true copy of R.A.F. Movements Easter Region, after Order to Unit Routine Order Serial No. 93 dated 17/12/45 introducing all personnel to hand in their small arms to the Armoury 35 P.T.C.
Accused declines to cross examine the witness.
Sd/- D.J. OSBORN F/LT.
The accused is warned in accordance with R.P.4 (E).
The accused declines to make any statement or give evidence.
The accused wishes to call one witness for the defence.
Contd. on page 5.
[page break]
5.
1st Witness for the Defence.
1904229 A.C.1 CALLAGHAN J.P. of S.H.Q. R.A.F. Station Salbani being duly sworn states:-
I am employed in the Catering Section at R.A.F. Station, Salbani. At 1300 hours Bengal time on 3rd August 1946 I stopped the accused, whom I recognise, and asked him if he could give me a lift to Kharagpur, in his vehicle. He said that he was going to Kharagpur and gave me a lift. About two miles from Kharagpur we came across a civilian truck stopped in the middle of the road. The civilian truck was facing towards Kharagpur. We stopped behind it. Accused then asked the three civilians standing near the bonnet of their truck to move it to the side of the road. One of the civilians, a Sikh, came up to our vehicle and said something to the accused in a language I couldn’t understand. The Sikh shouted and his manner was very ferocious. Accused then shouted back at the Sikh, but I can’t remember what he said. The Sikh then shouted to one of the other civilians who went to the cab of the civilian truck and brought out a starting handle and a tyre [deleted] handle [/deleted] lever. He handed the starting handle to the Sikh. He swung the starting handle at the accused’s head. Accused threw his head back and the blow struck the handle of vehicle door. . Accused then immediately started his vehicle and drove around the left hand side of the civilian truck where there was just room for us to pass. Accused then drove on to Kharagpur Railway Station where he dropped me off. Accused then drove into the station Car park and I saw him go into the R.T.O’s Office.
Sd/- J.P. CALLAGHAN
Certified that the foregoing Summary of Evidence, consisting og [sic] 11 pages was taken down by me at Superintendent Police Bungalow Kharagpur, on 25/9/46, Auxiliary Hospital Kharagpur, on 3/10/46 and at H.Q. R.A.F. Movements Eastern Region on 8/10/46 in the presence of the accused, and that R.P 4 (c) (d) (e) and (f) were complied with.
Sd/- W.B. THOMAS F/LT.
Officer Taking Summary of Evidence.
Dublin Core
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Title
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Summary of Evidence in the Case of LAC Thomas Hamilton White
Description
An account of the resource
Evidence provided by five witnesses for the Prosecution and the 1st witness for the defence.
Format
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Five typewritten sheets
Language
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eng
Type
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Text
Identifier
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SPeckPJ164710v10002
Coverage
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Royal Air Force
Rights
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This content is available under a CC BY-NC 4.0 International license (Creative Commons Attribution-NonCommercial 4.0). It has been published ‘as is’ and may contain inaccuracies or culturally inappropriate references that do not necessarily reflect the official policy or position of the University of Lincoln or the International Bomber Command Centre. For more information, visit https://creativecommons.org/licenses/by-nc/4.0/ and https://ibccdigitalarchive.lincoln.ac.uk/omeka/legal.
Publisher
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IBCC Digital Archive
Contributor
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Tricia Marshall
Spatial Coverage
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India--Kolkata
India--Kolkata
India--West Bengal
military discipline
-
https://ibccdigitalarchive.lincoln.ac.uk/omeka/files/original/1654/26571/SPeckPJ164710v10009SPeckPJ164710v10009.2.pdf
2d7e8b5609fd4c6adfccf02741bb84a4
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Title
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Peck, Peter John. Trial of Thomas Hamilton White
Description
An account of the resource
Five items. Documents about the court martial of Thomas Hamilton White in India. Peter Peck acted as Defending Officer.
Date
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2016-04-25
Publisher
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IBCC Digital Archive
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This content is available under a CC BY-NC 4.0 International license (Creative Commons Attribution-NonCommercial 4.0). It has been published ‘as is’ and may contain inaccuracies or culturally inappropriate references that do not necessarily reflect the official policy or position of the University of Lincoln or the International Bomber Command Centre. For more information, visit https://creativecommons.org/licenses/by-nc/4.0/ and https://ibccdigitalarchive.lincoln.ac.uk/omeka/legal.
Identifier
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Peck, PJ
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Title
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Notes used in the tial of Thomas Hamilton White
Description
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Handwritten notes for the trial of Thomas Hamilton White.
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Ten handwritten sheets
Language
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eng
Type
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Text
Identifier
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SPeckPJ164710v10009
Coverage
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Royal Air Force
Rights
Information about rights held in and over the resource
This content is available under a CC BY-NC 4.0 International license (Creative Commons Attribution-NonCommercial 4.0). It has been published ‘as is’ and may contain inaccuracies or culturally inappropriate references that do not necessarily reflect the official policy or position of the University of Lincoln or the International Bomber Command Centre. For more information, visit https://creativecommons.org/licenses/by-nc/4.0/ and https://ibccdigitalarchive.lincoln.ac.uk/omeka/legal.
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IBCC Digital Archive
Date
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1946
Temporal Coverage
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1946
Spatial Coverage
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India
India--Kolkata
military discipline
-
https://ibccdigitalarchive.lincoln.ac.uk/omeka/files/original/1654/26572/SPeckPJ164710v10001.1.jpg
eba8a0458ff86acb2bdf966522d3df32
https://ibccdigitalarchive.lincoln.ac.uk/omeka/files/original/1654/26572/SPeckPJ164710v10003.1.jpg
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https://ibccdigitalarchive.lincoln.ac.uk/omeka/files/original/1654/26572/SPeckPJ164710v10004.1.jpg
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https://ibccdigitalarchive.lincoln.ac.uk/omeka/files/original/1654/26572/SPeckPJ164710v10006.1.jpg
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9c3dbac4de9f184d8cd134dd138ff4a8
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Peck, Peter John. Trial of Thomas Hamilton White
Description
An account of the resource
Five items. Documents about the court martial of Thomas Hamilton White in India. Peter Peck acted as Defending Officer.
Date
A point or period of time associated with an event in the lifecycle of the resource
2016-04-25
Publisher
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IBCC Digital Archive
Rights
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This content is available under a CC BY-NC 4.0 International license (Creative Commons Attribution-NonCommercial 4.0). It has been published ‘as is’ and may contain inaccuracies or culturally inappropriate references that do not necessarily reflect the official policy or position of the University of Lincoln or the International Bomber Command Centre. For more information, visit https://creativecommons.org/licenses/by-nc/4.0/ and https://ibccdigitalarchive.lincoln.ac.uk/omeka/legal.
Identifier
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Peck, PJ
Transcribed document
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Transcription
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Tele:- RIVER SIDE 261.
[underlined] CONFIDENTIAL [/underlined].
From:- No. 3 (Indian) Group, R.A.F. (P.1)
To:- The Defending Officer – F/Lt. P.J. PECK (164710) of R.A.F. Station, Calcutta.
Date:- 18th November, 1946.
Ref:- 3(I)G/C.2007/238/P.1.
[underlined] DISTRICT COURT MARTIAL.
CASE OF NO. 1566828 L.A.C. WHITE, T.H. [/underlined]
You are notified that you have been detailed to act as Defending Officer at the above District Court Martial which has been convened to assemble at R.A.F. Station, Calcutta on the 27th day of November, 1946, at 10.00 hours.
2. The following papers are enclosed herewith for your use:-
(a) Convening Order. [inserted] (To follow later) [/inserted]
(b) Charge Sheet. [inserted] (To be obtained from Adjutant, RAF Calcutta) [/inserted]
(c) Copy Summary of Evidence (in which the inadmissible passages have been ruled out).
(d) List of Witnesses.
3. You will observe from the copy Summary of Evidence enclosed that certain portions of the evidence have been ruled out. These particular portions are inadmissible in evidence and are not to be given at the trial.
4. The Original Summary of Evidence is in the hands of the Prosecuting Officer and will be made available by him should you wish to raise any matter in connection with the evidence which has been ruled out, otherwise the Original Summary will not be used at all. In this connection, your attention is drawn to A.C.S.E.A. (Admin) Order No. 223/45.
5. Your attention is also drawn to Section 33 of A.P. 837 and A.M.O. A.474/43 in which the duties of a Defending Officer are fully set out.
[signature]
(N.C. DATTA) F.L.
for Group Captain,
Staff Officer i/c Administration,
[underlined] No. 3 (Indian) Group, R.A.F. [/underlined]
Encl:- As stated.
[page break]
ADDITIONAL SUMMARY OF EVIDENCE
IN THE CASE OF
NO. 1566828 L.A.C. WHITE, THOMAS HAMILTON.
OF MOVEMENTS EASTERN REGION, RAF CALCUTTA.
5th Witness for the Prosecution.
187279 F/Lt. Osborn, Douglas James of Movements Eastern Region, R.A.F. Calcutta being duly sworn states:-
I am employed as M.T.O. Acting Adjutant at R.A.F. Movements Eastern Region R.A.F. Calcutta.
On looking through records held at this Unit, I find that the accused, whom I recognise as No. 1566828 L.A.C. White, reported for duty at this Unit on the 5th August 1946, and has been on this Unit since that day.
The accused declines to cross examine.
Sd/- D.J. OSBORN F/LT.
The accused has been warned under R.P. 4 (e) and declines to make a statement or give evidence on oath.
The accused declines to call witnesses for the defence.
Certify that the foregoing Additional Summary of Evidence consisting of one page was taken down by me, at Headquarters R.A.F. Movements Eastern Region, Calcutta in the presence of the accused and that R.P. 4 (c), (d) (e), and (f) were complied with, on the 10th October 1946.
Sd/- D.W.K. JAMES F/O.
Officer taking Additional Summary of Evidence.
[page break]
[underlined] CHARGE SHEET [/underlined]
The accused No. 1566828. LAC. T.H. WHITE, R.A.F. Movements Eastern Region, an airman of the Regular Air Force is charged with:-
[underlined] A.F.A SECT. 40. [/underlined]
CONDUCT TO THE PREJUDICE OF GOOD ORDER AND AIR FORCE DISCIPLINE
in that he,
on a public road at Kharagpur, on 3rd August, 1946, improperly stopped a motor truck belonging to Kartar Singh and engaged in a quarrel with the said Kartar Singh during which he discharged several rounds from a revolver.
[signature]
(R.A. BARTON)
Wing Commander Commanding,
[underlined] R.A.F. Station., Calcutta. [/underlined]
CALCUTTA.
[underlined] 12th November, 1946. [/underlined]
To be tried by District Court Martial.
[signature]
(T.H. BOYLAN)
Wing Commander,
For Air Commodore,
Air Officer Commanding,
[underlined] No 3 (Indian) Group, R.A.F. [/underlined]
BARRACKPORE.
[underlined] 16th November, 1946. [/underlined]
[page break]
ORDERS BY AIR COMMODORE A.L.A. PERRY-KEENE, O.B.E.
[underlined] AIR OFFICER COMMANDING, NO 3 (INDIAN) GROUP, R.A.F [/underlined]
Barrackpore, 22nd November, 1946.
Number 1566828 Leading Aircraftsman Thomas Hamilton WHITE of R.A.F. Movements Eastern Region, R.A.F Station., Calcutta., an airman of the Regular Air Force.
The detail of Officers mentioned below will assemble at R.A.F. Station, Calcutta on the 27th day of November, 1946, at 10-00 hours for the purpose of trying by District Court Martial the accused person named in the margin.
[underlined] PRESIDENT [/underlined]
Squadron Leader H. CURTIS (49167) of No 3 (Indian) Group, R.A.F, Barrackpore.
[underlined] MEMBERS [/underlined]
Flight Lieutenant J. L. PRICE (51146) of R.A.F. Station, Ranchi.
Flight Lieutenant R.P.M. WORRELL (49128) of R.A.F. Station, Dum Dum.
[inserted] F/LT WEINBERG [/inserted]
[underlined][ WAITING MEMBER [/underlined]
One Flight Lieutenant of R.A.F. of not less than two years commissioned service to be detailed by the Officer Commanding R.A.F. Station, Calcutta.
[underlined] JUDGE ADVOCATE [/underlined]
Flight Lieutenant BASANT SINGH (IND/2723) Office of the Deputy Judge Advocate General, Eastern Command, has been appointed Judge Advocate.
[underlined] PROSECUTOR [/underlined]
Flying Officer D.W.K. JAMES (200681) of No 3 (Indian) Group, R.A.F.
The accused will be warned and all Witnesses duly required to attend.
The Proceedings will be forwarded to the Senior Personnel Staff Officer, Headquarters No 3 (Indian) Group, R.A.F, under Confidential Cover.
Signed this 22nd November, 1946.
[signature]
(T.H. BOYLAN) Wg; Cdr,
Senior Personnel Staff Officer,
For Air Commodore,
Air Officer Commanding,
[underlined] No 3 (Indian) Group., R.A.F. [/underlined]
[page break]
Revolver kept at C.I.D. ANDERSON HOUSE ALIPORE.
No. S & W. 272269.
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Letter to Peter Peck
Description
An account of the resource
The letter advises Peter that he is detailed to act as Defending Officer at a Court Martial. Also attached are supplementary items of evidence, the charge sheet, Officers making up the Court Martial and details of Thomas' weapon.
Format
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Five typewriten sheets
Language
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eng
Type
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Text
Identifier
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SPeckPJ164710v10001, SPeckPJ164710v10003, SPeckPJ164710v10004, SPeckPJ164710v10006, SPeckPJ164710v10007
Coverage
The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant
Royal Air Force
Rights
Information about rights held in and over the resource
This content is available under a CC BY-NC 4.0 International license (Creative Commons Attribution-NonCommercial 4.0). It has been published ‘as is’ and may contain inaccuracies or culturally inappropriate references that do not necessarily reflect the official policy or position of the University of Lincoln or the International Bomber Command Centre. For more information, visit https://creativecommons.org/licenses/by-nc/4.0/ and https://ibccdigitalarchive.lincoln.ac.uk/omeka/legal.
Publisher
An entity responsible for making the resource available
IBCC Digital Archive
Contributor
An entity responsible for making contributions to the resource
Tricia Marshall
Temporal Coverage
Temporal characteristics of the resource.
1946-11-27
Spatial Coverage
Spatial characteristics of the resource.
India
India--Kolkata
military discipline