Tom Wrather

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.

… Tom Wrather 98 Dalton-street, Chadderton, a bookbinder aged 21, appealed for absolute exemption on the ground that he was a conscientious objector. The teaching of Christ was of saving life not desecrating it and on religious grounds he was opposed to war.

The Chairman: You state you are a conscientious objector. How long have you been?
- As long as I can remember.
You attend the Moravian Church?
- Yes.
Have you joined the No-Conscription League?
- Yes.
Further questions revealed that he joined that body in February this year, in Manchester and was transferred to Oldham.
The Chairman: You know we are at war and although you have a conscientious objection to taking life and all that sort of thing, are you one of those prepared to do their share without taking life?
- No.
You don't think it is your duty to do your share?
- No, because Christ did not. Christ never healed the sinful. He healed the sick but did not do it in a military form. He did it in a civilian life.
Councillor Taylor: There were no wars like this in those times.
Councillor Owen: Did Christ drive out of the temple with force those who in His opinion were defiling it?
- Yes, sir.
Christ did use force?
- Yes, sir.
Was He responsible?
- He was mad.
Captain Taylor: Who was?
- Christ was, according to the religious teaching.
Councillor Owen: Not according to the religious teaching of the body you are supposed to belong to.
The Chairman: You are a bookbinder. Have you had a war bonus or any increase of wages since the was began?
- No.
I suppose if you had had one you would not have taken it? You have to be conscientious thoroughly.
- I am thoroughly conscientious.
Do you believe you are doing your duty as a citizen by your present shirking at home?
- Yes, in my present occupation because I am helping to pay for it.
Councillor Owen: I suppose you read the Scriptures. Do you know that Christ on several occasions had dealings with soldiers? Can you give any proof that He condemned their calling at any time.
Wrather: There are no Christians in the army.
Chairman: There are very few out now.
Captain Taylor: You know what I am now. (Laughter)
Councillor Owen: He has appealed to the Scriptures. You know the incident about the centurion. The centurion was commended for certain things. Did He commend him for his calling or not?
- It was faith in God's healing and --
Did Christ condemn either directly or indirectly the soldier's calling? If you are appealing to the Scriptures, what is your proof?
- No answer.
Chairman: Are you prepared to serve in non-combatant service?
- No.
You know we cannot exempt you?
- According to the Act you --
Never mind your reading of the Act. We care nothing about your rendering of the Act. You know there is a non-combatant corps in formation and our reading of the Act is that we can only put you in a non-combatant force.
Councillor Lawless: Are you married?
- No.
Keeping company?
- Yes.
Supposing you were walking out this evening and somebody attempted to soil your young lady's honour?
- There is something in every man called passion. (Hear, hear) If you are in passion you are not responsible for your actions.
Captain Taylor: You do not know what passion is, man.
Councillor Owen: Macaulay once wrote of an incident which "Turns the coward's heart to steel, the sluggard blood to flame." If the incidents on the Continent do not turn the coward's heart to steel, I do not know what would.

Ordered to join a 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 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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He has an entry on the Pearce List of over 17500 WW1 Conscientious Objectors.

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Born Oldham, 7 July 1894
Died Bingley, 14 January 1970

1911 census
98 Dalton Street, Chadderton
Single with parents
Occ. Book binder apprentice

1939 register
69 Crownest Road, Bingley
With wife Annie and possibly four children redacted
Occ. Bookbinder journeyman

Contributed by Dorothy Bintley