Millar Buzzard

Appendix 5.4
Proceedings of Courts Martial of Millar Buzzard 1919

Courts Martial [168]

Held on 17th April 1919, Gerpinnes, Belgium.

The substance of the charges against Millar was that he overdrew his paybook account on 3 occasions:

Charge 1. - That on 30/12/1918 he accepted a payment of £57-10-0 which caused his paybook to be further overdrawn contrary to A.I.F. General Order No. 723

Charge 2. - That on 30/12/1918 he accepted a payment of £1-14-6 which caused his paybook to be further overdrawn contrary to A.I.F. General Order No. 723

Charge 3. - That on 24/02/1918 he accepted a payment of £5-15-0 which caused his paybook to be further overdrawn contrary to A.I.F. General Order No. 723

Millar pleaded not guilty to each charge.

The paybook shows Acting Paymaster Sgt. Norman Shaw paid out the money. His service records show no disciplinary action was taken against him for overpayment to Millar.

Millar’s Pay Book with Overdrawn Entries[169]

The documents presented at his courts martial and the statement made by Millar to the court, tells the story of how Millar was duped by a fellow brigade officer, Lieut. Holdgate. He had to also make up for pillages of goods purchased for the officer’s canteen on an official trip to Charleroi, Belgium.

Millar tried to “square up” a canteen account run by the brigade. However, although Millar had private funds, he could not access them in time. Consequently, he overdrew his paybook.

An order (723) was given on 18th December 1917 that paybooks were not to be overdrawn. In his statement below, Millar said he knew about the order but had not actually read it. He also believed the order did not apply to him as he was trying to “square up” official accounts.

He was found guilty on charges 1 and 2 and not guilty on charge 3.

The General Court Martial was attended by many high-ranking officers.

Courts Martial members [170]

The outcome of the actual legalities of the sentence was put in doubt as many of the officers above had been sent back to Australia and correct procedures were not followed in the aftermath of the trial.

Eventually, a very long progression of letters up the chain of command finally resulted in Millar’s conviction being recognized by the military authorities as the court verdict was, on the 16th September 1919, announced by Brigadier General Roberston of HQ A.I.F. in London. However, by this time Millar was on the “Barambah” back to Australia. Sometime later, a note, dated 14th Apr 1920, was placed in Millar’s service record file, in that the Proceedings of the Courts Martial had been filed at the Attorney General’s Office in Australia.

Extract from Record of Service of Lieut. Millar Buzzard 12th F.A.B.

Millar’s Postings [171]

Transcript of Millar Buzzard’s Statement to President & Members of General Courts Martial

The accused being duly sworn is examined by the accused’s friend.

“I was detailed in the early part of last December to go to Charleroi on special duty connected with the canteen. I spent approximately 1231 francs. I did not get all the goods I purchased back to the canteen. There was a certain amount of pillage. The value of the goods pillaged was approximately three hundred francs. My living expenses were about £20. I was held responsible and had to pay for the pillaged goods. Lt. Holgate was on similar duty from the same brigade as myself. He gave me 500 francs and debited the amount to the 112th Howitzer Battery canteen account. He gave me this money to purchase potatoes. I returned the money to Lt. Holgate. who gave me back I did not get back my receipt. Lt. Holgate subsequently asked me to pay the five hundred francs. He denied that they had already been repaid. I subsequently gave Lt. Holgate another five hundred francs. I did this because he held my receipt still and he took certain steps to force me to pay. He appealed to the C.O. of the Brigade. About the 28th or 29th of December the canteen accounts in companion with the purchases in Charleroi were squared up. On account of the loss of the five hundred francs and having to make good the pillages and my living expenses in Charleroi I did not have sufficient money to square the account. I was in Charleroi just over three weeks. To get the money I thought of overdrawing my paybook. I regarded the losses and expenses at Charleroi as being incurred on the Brigade account, and overdrew on that basis.

While I was in Charleroi besides my canteen business, I was very busy buying for the Brigade dinner. I had in my private banking account more funds than sufficient to cover the amounts. I am charged with overdrawing. Could I have got the money in time through my bank I would have done so”.

The Prosecutor does not desire to cross-examine.

To the President

“I did not place the matter before any of my seniors before overdrawing. Time was too short. I paid myself. This is quite usual in the Brigade battery to which I belong. When I had over drawn I took no steps to square my account except that I did not further draw until I drew £5 – 15 at Harve on 24/2/19 which was my field allowance.

Re-examined by accused’s friend

On 30th December I paid certain men of the battery. When the rolls were checked I found myself short £1-14-6. I drew that amount on my paybook. Lt. Holgate is not now with his unit.

Rule 83 B complied with.

Recalled by leave of the Court

I knew there was an order against overdrawing. I thought as I drew this money to square official accounts it did not apply to me. I had not at the time read order no 723.

Prosecutor declines to X mn.

Rule 83 B complied with.

Prosecutor addresses the Court

The overdrawing has been proved and the accused have has given no evidence to show a legal excuse for overdrawing.

Accused friend addresses the Court

The defence is that the accused misunderstood the order.

The original document can be viewed here.

The Headquarters of the 12th Field Artillery Brigade recorded sending a party of officers to Charleroi to purchase supplies for the Christmas festivities.

Buying Stores for Canteen at Charleroi [175]

The Courts Martial documents, including the Form or Proceedings, Charge Sheet (and response), Plea of Not Guilty, Defence, Findings and Sentence, can be viewed here.

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[169] to [175] Aust. National Archives – Control Symbol 6498; Buzzard Millar: SERN LIEUT 12269