Farmer handed over to military authorities

.. but War Office sent ‘contradictory telegrams’

A Stirling sheriff criticised the War Office in a case in which a farmer was accused of failing to report for military service.

James Johnston, Mid Barnego, Dunipace denied the charge, claiming the call-up notice was not sent out in time for him. He was also of the belief that land workers would not be asked to commence military before January 1, 1917.

Johnston, 37, had been resident in Denny and Dunipace parishes for more than six years, working as a ploughman before taking over occupancy of the farm.

He admitted getting the call-up notice, ordering him to report to the castle on December 15, 1916. Johnston said he had no assistance on the farm other than his wife and had not responded to the notice as he had no-one to look after his stock.

Sheriff Dean Leslie was told that Johnston had in March 1916 asked to be spared military service on grounds he was in a certified occupation and received two months exemption.

He was refused further exemption and told to report to the castle for service on September 26, 1916.

That notice was not enforced as a telegram had been received from the War Office stating conscripts engaged in war work would not be called up at that time.

A subsequent telegram cancelled the order and Johnston was called up on November 28.

Johnston’s agent spoke to the recruiting officer at the castle regarding a possible extension of the deadline for agricultural workers until January 1, 1917, and Johnston’s call-up notice was put back until December 15, 1916.

Another instruction was received from the War Office on December 28, 1916, referring to people on the land not being called up until the beginning of 1917 but this was said not to apply to Johnston as he was asked to report for service on December 15.

Johnston told the court he had read in newspapers that men working on the farms would not be called up before January 1.

Sheriff Dean Leslie found that by not reporting when called up Johnston had become an absentee and though the notice sent to him “was as scanty as possible” he was technically guilty of desertion.

The Observer continued: “(The sheriff ) thought that while Johnston had been strenuously endeavouring to evade his duty to the country, the War Office had been behaving in a very extraordinary way in sending contradictory telegrams backwards and forwards to Stirling Castle and it was no wonder that this man had tried to take advantage of them.”

He imposed no penalty but ordered him to be handed over to the military authorities.