On This Day, 27 December 1917

Birmingham Mail

Thursday 27 December 1917

NAVY OR ARMY?

INTERESTING POINTS IN BIRMINGHAM ABSENTEE CASE

Considerable time was occupied in the Second Court of Birmingham Police today in hearing a summons against Headley Townsend Backhouse, 1 Greenfield Crescent, Edgbaston, for being on November 30 an absentee from military service.

Defendant attested under the Derby scheme in December, 1915, at which time he was described as single and 31 years of age. An official of the recruiting staff stated that the defendant failed to comply with a notice calling him up on November 30 last.

Cross-examined, he knew that defendant was asked to attend to report on December 22 and was then asked to report today.

Defendant, who was represented by Mr. Sandlands, said he had a protection card as a skilled engineer, but that was withdrawn in October last. He entered the service of the Admiralty in London, and wishing to join the Royal Naval Air Service he on December 18 saw Flight-Commander Brind, who gave him 21 days’ grace, as he was then suffering from acute jaundice, his medical examination being adjourned until tomorrow. He has no desire to evade service but he wished to join the Navy.

In reply to Lieutenant Malins (for the military authorities), defendant said it was true that he was not today a member of any branch of service.

Mr. Sandlands: It is a squabble between the two services.

Lieutenant Malins: You have no right to say that.

Alderman/Clayton (presiding magistrate): It looks rather like it.

Lieutenant Malins submitted that the Admiralty had protected defendant under a misunderstanding, not having been aware that the Enlistments Complaints Committee in Birmingham had withdrawn his certificate.

In the end the magistrates dismissed the case. The Bench, however, on the application of Lieutenant Malins, consented to state a case for appeal.