Fred Gadsby

Chadderton Tribunal 13 March 1916
Reported Oldham Chronicle 14 March 1916

At the sitting of the Chadderton Tribunal the cases of several conscientious objectors were heard. Councillor Carter presided.

…. Fred Gadsby (21) of 241 Denton-lane, Chadderton, a spinner at the Ram Mill appealed for absolute exemption believing that war is murder. He was thoroughly morally and religiously opposed to what in the civil law was wrong. He absolutely declined to take part directly or in any way assist in the war.
Councillor Owen: The fact that he is a member of the Wesleyan body does not prove a conscientious objection.
Applicant said he had grown up a conscientious objector to war, which was murder under any condition.
The Chairman: If you saw a murder committed you would not take any action?
- I should try and stop it.
To what extent would you go?
- I should not kill the other man.
You would not intend to kill?
- No.
Do you believe it is your duty to defend?
- Yes.
Applicant said he did not know the nill was on war work.
The Chairman: If your sister or mother were being ill-treated what would be your policy? Would you go and offer the aggressor the other cheek and ask him to smack it?
- No, I should defend them.
What do you think about saving human life?
- It is right. Human life was the greatest thing on earth said the applicant.
Councillor Owen: Are you aware that human life is nowhere spoken of as the highest in the Scriptures? Are you aware that Christ never condemned the sodier but praised soldiers sometimes? You know the story of the centurion?
- That was to prove faith. It had nothing to do with soldiering. Christ never said that.

Councillor Owen pointed out that the Wesleyan body did not and never had said that they would not undertake any defensive warfare. That leading Methodist, the Rev S F Collier of Manchester, had four sons at the front and there were 10,000 Wesleyans actually fighting. There was nothing in the Scriptures which condemned a defensive war.

Captain Taylor: What would you say if the violation of women was perpetuated in this country as in Belgium or Serbia?
- I do not know what took place in Belgium. We do not know the facts. It is denied by some.
Mr Butterworth: So what Archbishop Mercier said is not true?
- I don't say what h e says is not true.

Ordered to join the non-combatant corps.

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Chadderton Police Court 29 April 1916
Reported Oldham Chronicle 6 May 1916

At Chadderton Police Court on Saturday morning before E Kempsey (in the chair) and John Law: Fred Gadsby, 240 Denton-lane; John Fletcher, 105 Robinson-street; Albert Davall, 45 Robinson-street and Tom Wrather, 98 Dalton-street were charged with having failed to report at the Swan Hotel, Oldham, when called up under the Military Service Act. All are conscientious objectors and they were represented by Mr H J Berry, solicitor, of Manchester.

Inspector Tindell stated that at three o'clock on Friday afternoon the four surrendered themselves to him at the police station as being absentees under the Military Service Act. They each admitted having received the call up notice, the first three having to report at the Swan Hotel, Oldham on April 17th and Wrather on April 25th.

Mr Berry: Did they give any trouble at all?
- None whatever.
Sergeant-major Bailey asked for the men to be handed over to the military.

Mr Berry called Fletcher to speak for the lot and on oath said the local tribunal exempted them from combatant service and when they appealed at Manchester, Judge Mello referred them to the Pelham Committee.

Mr Berry: He marked your papers in your presence "Pelham Committee"?
- Yes, I saw him write that on the papers and also heard him say it.
Fletcher, continuing, said after they received their notice papers, they went to Major Yarr, the Oldham recruiting officer, and he said he knew nothing about them having been referred to the Pelham Committee. They afterwards saw Captain Almond, who was present at Manchester when Judge Mellor gave his decision , and he wrote a note for Major Yarr stating they had been referred to the committee. He also added to the note "I take it they should join the forces first."

Mr Berry said that if the magistrates were not satisfied, he would like Captain Almond to be sent for to give evidence. He contended that the men, having been referred to the Pelham Committee, they were exempt from the provisions of the Military Service Act. The committee was formed to consider how best to utilise the services of such men in civilian work of national importance and, that being so, the men could not be charged as absentees.

Mr Jackson (assistant clerk): Have the magistrates anything to do with the tribunals?
Mr Berry: No but they have to deal with the facts.
Mr Jackson: We cannot overrule the tribunals. These man have voluntarily given themselves into custody as absentees.
Fletcher remarked that they went to the police to see how they stood. They had had their notices and did not desire to ignore the law.
Mr Jackson: But why did you go to the police?
Fletcher: Because we had been warned at the Swan Hotel as to what would happen.
Mr Jackson: Why didn't you go to the military authorities in the proper way?
Fletcher: Because they said the other day we must first join the army and we could not do that. There was nothing for it except for them to refer us to a civil court and have the matter thrashed out there.

Mr Berry said the Pelham Committee was composed of civilians appointed by the Board of Trade and it was outside the jurisdiction of the military. If Captain Almond said they had been referred to that committee it meant they were really granted exemption from military service.
Mr Jackson: Have you a certificate to that effect?
Mr Berry: The military authorities have.
The Chairman: How is that you have not got Captain Almond here? You have had an opportunity of bringing him.
Mr Berry: I was only instructed last night and have had no chance of getting into communication with him.
The Chairman: But these man knew they wanted Captain Almond didn't they?
Inspector Tindell said they mentioned the matter to him and he promised to give them every assistance but they gave him no definite instructions, as they were in communication with their solicitor.

Mr Berry asked for a witness summons for Captain Almond and asked for the case to be adjourned until he could be present.
The magistrates retired and on returning the Chairman said they had decided to adjourn the case until Monday afternoon and to grant a witness summons for Captain Almond. The defendants should be bound over in the sum of £5 to appear on Monday.

When the defendants again appeared before the Bench on Monday, Captain Almond, who was called by Mr Berry, said he was the military representative for the district in which the men resided. He was present at the Appeal Court when their cases were heard by Judge Mellor.

Mr Berry: Were these men referred to the Pelham Committee?
Captain Almond: Yes, by word of mouth. On the appeal papers there is no mention of the Pelham Committee. The question now is not as to whether they were referred to that committee but as to whether they are absentees or not.
The Chairman: Have you the papers with you?
- Yes I have.
The Chairman: You might put them in.
After looking at the papers the Chairman said the papers simply said the appeals were not allowed.
Mr Berry: But they were referred to the Pelham Committee.
Captain Almond: I have answered that question once.
Mr Berry: And you gave a letter to Major Yarr in which you said they had been referred to the Pelham Committee
- Quite right, but in the meantime these men have to report to their regiment.

Mr Berry protested against Captain Almond offering any opinions. He was his witness and all he wanted from him were the facts. He was called to give evidence not to express opinions.
The Chairman explained that the reason why he was asked to be present was because Fletcher said he saw Judge Mellor write on his appeal form, "Referred to Pelham Committee". He (the Chairman) could not believe it at the time and the papers showed that it was not so.
Mr Berry (to Captain Almond): Did you see judge Mellor write Pelham Committee on the papers?
Captain Almond: There is no writing on them.
Mr Berry: How do you know he referred them to the committee?
Captain Almond: Because, as I have told you, I heard him say it.
Mr Berry: If that is so, it must be endorsed on some papers.
Fletcher said it was a pink form, and not one like those submitted by Captain Almond, on which Judge Mellor wrote Pelham Committee.
Mr Jackson, assistant clerk (to Mr Berry): Suppose that was written on, does it make any difference to your clients? I take it they should first of all answer their notices and until that is done nothing can be be done by the Pelham Committee.
Mr Berry: I submit that is not so because the military oath was one of the things conscientious objectors wished to be excused from. The Pelham Committee was considering what civil work they should take up and it was formed so that men who took up such work could do so without taking the military oath. Work under the Pelham Committee would be valueless if they had to take the military oath.

The magistrates retired and on returning the chairman said they were of the opinion that they were absentees and they would each be fined 40s and detained in custody to await an escort.

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Salford Hundred Appeal Tribunal 25 May 1916
Reported Oldham Chronicle 27 May 1916

The Appeals Tribunal for the Salford Hundred sitting at Manchester under the chairmanship of Judge Mellor KC on Thursday afternoon heard the cases of a large number of conscientious objectors against military service, combatant and non-combatant remitted from the Pelham Committee.

… A more serious question arose on the calling out of a Manchester conscientious objector. Principal Graham came forward said that he was not present. He was one of several who were under detention … The Chairman said that he was not prepared to deal with the man until he came before him.
Principal Graham: If you would write to the War Office and get them to bring the man here it would put an end to a great injustice.

… Later Principal Graham said that there were two other men in whom he was interested and who were in similar circumstances. These were Davoll and Gadsby, the Chadderton men. They were in Wormwood Scrubs but their fathers were present.

In reply to Judge Mellor, Mr Davoll said that he had received the notice calling on his son to come before the tribunal that day; it was addressed to his home … The Chairman said that the tribunal would decide the cases as soon as they could get hold of the men … It would be better, he thought, to adjourn the hearing until the men were present.

… The matter was left on the understanding that every effort would be made to get the men from out of detention and sent home and in due course be heard by the tribunal.

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Born Oldham, 6 March 1895
Died Glossop, 9 August 1964

1911 census :
249 Denton Lane, Chadderton [Hollinwood?]
Single with parents and siblings
Occ: Little piecer

1939 register :
49 Park Road, Audenshaw
with wife Esther and possibly five children - three redacted.
Occ: Market gardener

Contributed by Dorothy Bintley