Oldham Historical Research Group

'THE GREAT WAR',     'THE WAR TO END WAR',     'WORLD WAR 1'
'What passing-bells for these who die as cattle?
- Only the monstrous anger of the guns.'
                                                                                                  
from 'Anthem for Doomed Youth' by Wilfred Owen

CONSCIENTIOUS OBJECTION IN WW1

Henry Brierley

Oldham Tribunal 8 March 1916
Reported Oldham Standard 11 March 1916

Henry Brierley, secretary of a provident society with an office in Clegg-street was the next case taken.
When called he said: I ask you to allow me to speak for ten minutes.
The Mayor: I can't.
Applicant: according to your instructions you are obliged to give me a sympathetic hearing.
The Mayor: You will answer any questions we ask. If you are prepared to come here for your pleasure, we are not.

Applicant: It is a matter of life and death to me.
The Mayor: If you are not prepared to answer the questions we put, we will dispense with you.
Applicant: Judge my genuineness from my speech. I shall send a report up to the No-Conscription Fellowship.
The Mayor (warmly): Be quiet please.
Applicant: I want a fair and sympathetic hearing and I will treat you as a gentleman.
The Mayor: If you had been here from two o'clock (it was then eight o'clock) you would want to get on with the business.
Applicant said he was willing to suffer the penalties for his action.

Applicant in reply to questions said that he attended St Mark's Church, Glodwick and was a member of the No-Conscription Fellowship for a couple of months. At the beginning of the year he took an office in Clegg-street as an accountant. He was secretary of Oldham and District Provident Society.

The Mayor: Are you a money lender?
Applicant: No, it is a mutual society and all the profits are divided among the members.
The Mayor: Would you tell these gentlemen what percentage you charge on borrowed money?
Applicant: A shilling a week for a £10 share; also a penny a week for management expenses.

This closed the examination.

Applicant: Can I give a further statement?
Councillor Howard: Your statement is sufficient.
Applicant: You are not prepared to hear me?
The Town Clerk: How long would it take to satisfy yourself?
Councillor Frith: Would it further your case do you think? ….

…. Quite a noisy scene followed owing to interruptions from the spectators and it was impossible to hear the discussions. There would be fifty or sixty people in the room, mostly young men with conscientious objectors and the threat was made that they would be put out.

Eventually the room was cleared and the Tribunal decided that all the conscientious objectors should be put in the non-combatant class.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

South East Lancashire Appeal Tribunal at Manchester Town Hall 30 March 1916
Reported Oldham Chronicle 1 April 1916 (the following is an extract)

The South-east Lancashire Appeal Tribunal sitting at the Town Hall Manchester on Thursday afternoon heard appeals for total exemption from service made by a number of young men of Oldham, conscientious objectors, who had been sent to non-combatant service in most cases by the Oldham Tribunal and in a few cases to combatant service ….

…. Henry Brierley of 7 Brompton-street, secretary of the Oldham and District Permanent Money Society, claimed absolute exemption. The Chairman invited him to sit down.

Brierley: I want to stand up; I feel more comfortable.

His contention, as one opposed to war on religious and humanitarian grounds, was that the ultimate decision as to his actions would be decided by his conscience. He recognised that his attitude towards conscription might lead to serious consequences. He was prepared for death before the sacrifice of his principles. He would like to speak to the tribunal for about ten minutes, if they would allow him?

Chairman: How much! What about?
- To explain my position.

The Chairman remarked that any position, if a strong one, could be explained in two minutes. Weak cases took the longest to explain. However, they would listen to him but he might be shorter than ten minutes.

Brierley urged that he would be under military control, whether his service came under the category of combatant or non-combatant service; one was as bad as the other. It meant being placed under the military machine.

The Chairman pointed out to him that the law was enforced by the courts and the decisions of the courts were carried out by the police and, if the police failed, the military came in at the end. We could not escape military control of some kind.

Brierley: I can refuse and accept the penalties.

Chairman: Well, that is very good of you. It would be a bad look out if the Germans came here. Your money transactions as secretary would go to the wall. You prefer somebody else to go and keep you safe.

Brierley: I hold to the policy of non-resistance.

Chairman: Yes, I know, and that if we did not resist, the Germans would come here and we should all live here and be very happy ever after.

The decision was that Brierley go for non-combatant service.

Brierley: Would you allow me to appeal to the Central Tribunal?
Chairman: No, leave refused.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Oldham Magistrates' Court 27 April 1916
Reported Oldham Chronicle 29 April 1916

Four absentees under the Military Service Act were brought up in custody at the Oldham Police Court on Thursday. They were Leonard Bayley (23) spindle grinder, 49 Brompton -street, Oldham; Henry Brierley (21) 7 Brompton-street, Oldham; William Cockcroft (23) traveller, 23 Churchill-street, Oldham and George Thomas Lees, undergraduate at St John's College, Cambridge, of 12 Hereford-street, Oldham.

Brierley had also been warned to report himself [at the Swan Hotel] on Tuesday and he failed to do so. He pleaded not guilty [to being an absentee under the Military Service Act].

Chairman: Did you receive your order?
Brierley: I did, sir.
Dr Gourlay: Then you are an absentee.

Fined 40s and ordered to be handed over.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Oldham Magistrates' Court 20 May 1918
Reported Oldham Chronicle 20 May 1918

Henry Brierley, accountant and collector, was brought before the Bench. He is a conscientious objector and had not reported for service on May 14th.
Mr. Mullin: Have you anything to say?
- No.
Mr Mullin: Why have you not reported?
- Because I am an objector.
Mr Mullin: Are you an Englishman?
- Yes.
Mr Mullin: You profess to be.
- I am an Englishman.
Mr Mullin: No you can't be; being an Englishman does not consist in cowardice.
Brierley: That is a matter of opinion.

Brierley was fined 40s and handed over to the military authorities.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

The WO 363 records for Henry Brierley survive (held at The National Archives, available online via Find My Past):

The records do not show what happened to Brierley immediately after the appearance at Oldham Magistrates 29 April 1916. However, he appeared before Oldham Magistrates again 20 May 1918, charged with being an absentee, was fined 40s and handed over to the military.

From Ashton Barracks he was sent to the 3rd Manchester Regiment at Cleethorpes, his regimental number was 75441.

On 31 May 1918 he was court martialled for disobedience and sentenced to 12 months with hard labour. He was released on 8 April 1919.

On 29 April 1919 he was again court martialled for disobedience and sentenced to 112 days with hard labour. He was eventually discharged from the army on 17 June 1919.

WO 363 page
WO 363 page
WO 363 page
WO 363 page
WO 363 page
WO 363 page
WO 363 page
WO 363 page

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

He has an entry on the Pearce List HERE.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Born Oldham, 28 February 1895
Died Hove, Sussex June quarter 1974

1911 census :
228 Waterloo Street, Oldham
Single with widowed father
Occ. Clerk, Borough Treasurer's Department

1939 register :
6 Garden Close, Portslade by Sea, Sussex
With wife Elizabeth, no children listed
Occ. General stores owner, accountant

Contributed by Dorothy Bintley

Return to :
link to local CO list

If you can add to our information about any of the local Conscientious Objectors in WW1 we would love to hear from you.
Email

If you have Oldham and District items that we can include on our website, PLEASE visit the information page to find out how you can help.

link to home page
WW1 menu page
WW1 links page