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Key dates over August 1918

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Lives lost on this day: 9

28th August 1918 - Kidderminster Man’s Appeal

Rolling casualty count:10462

War Front:

2nd Batt: Batt entrained at Arques for Boque Maison at 9pm. Very heavy rain fell all day.

4th Batt: All Coys bathed at 29th Divisional Baths and were issued with clean under-clothing. The Armourer Sgt inspected all rifles and Lewis guns of W and Z Coys. The Brigade Gas NCO inspected all small box respirators. Capt. C Hacket MC DSM and 2LT SJ Rye MC, received a bar to their MC and Lt CG Sneade an MC, for their exploits of August 8th.

1/7th Batt: Orders came for the Batt to raid Silvegnar at night and men were in position when counter orders were received. An unexpected enemy raid had forced defensive measures and the artillery could not cover the attack. All the raiding party returned safely except for 2LT WT Carter who was hit by a stray bullet and died of his wounds.

Home Front:

Kidderminster Man’s Appeal – Liability for Military Service - Before a Divisional Court, Francis Donne of Stone, Kidderminster, appealed against a conviction by the Worcester Justices, sitting at Quarter Sessions, on a charge that, he being a man belonging to the Army Reserve, when called up on permanent service had failed to answer the call. The appellant said the Justices had found that he was not a person ordinarily resident in His Majesty’s dominions abroad. That decision, he submitted, was wrong. He was a British born subject of military age as defined by the Military Service (No 2) Act 1918. The Justices found that he came within none of the exceptions from liability of service and they fined him 40s. The ground of his appeal was that he came within the exception as a person ordinarily resident out of England and therefore not liable to serve in the English Army. He went to Canada in 1906, intending to stay there. He came over on business for two months, both in 1907 and 1908, but from 1908 to 1917 he did not come to this country at all. In 1915 he went to the United States for his health, but had no intention of remaining there, and did not dispose of his property in Canada. The appellant said he was quite willing to join the Canadian Army, but his request to be sent back to Canada for that purpose had been refused. Mr Justice Lush delivered judgment first, as he differed in his opinion from the other members of the Court. In his view there was no evidence to support the conclusion come to by the Justices. Mr Justice Avery and Mr Justice Darling agreed there was a direct finding of fact by the Magistrates and the Court could not set it aside unless they were satisfied there was no evidence on which their decision could be supported. The appeal failed.

Information researched by The Worcestershire World War 100 team