<p><span class="pagenum"><SPAN name="Page_163" id="Page_163">[163]</SPAN></span></p>
<h2>CHAPTER XIV.</h2>
<h3>THE BOJAH CASE</h3>
<p>Soon after the failure of our tunnel scheme several
Englishmen, among whom were Gilliland, Unett,
and Batty Smith, who had not been convicted by the
Germans of any evil deeds during the last four or five
months, were warned that they were going to be removed
to Crefeld. Great preparations were made for escaping
on the way, and Gaskell and de Goys seized the opportunity
to try on the basket trick. Officers who have been
prisoners for two or three years accumulate quite a considerable
amount of luggage, and it was thought to be
more than possible that the Germans would not trouble to
search all of it as it left the fort, as it was quite certain to
be searched carefully before it entered any new camp.
Two large clothes-baskets were procured, of which the
fastenings were so altered that they could be opened from
the inside. Gaskell and de Goys packed themselves into
these, and were carried by the orderlies into the parcel
office in the fort with the rest of the heavy luggage. Unfortunately
a week or two before this someone had been
caught entering this room by means of a false key, and
since then a sentry had been posted permanently outside
the door. When Gaskell and de Goys, who had already<span class="pagenum"><SPAN name="Page_164" id="Page_164">[164]</SPAN></span>
spent nearly four hours in an extremely cramped position,
attempted to get out of their baskets to stretch their legs,
the wickerwork creaked so much that the suspicion of
the sentry outside the door was roused. He called an
N.C.O., and the culprits were discovered and led, rather
ignominiously, back to their rooms.</p>
<p>From Fort 9, where the Germans were so very suspicious,
this method of escaping would need, I think, more
than an average amount of luck to be successful, though
from a normal prison camp it was to my knowledge successfully
employed on several occasions.</p>
<p>The party under orders for another camp left the next
day and without further incident, and some weeks later
we heard that six or eight of them got out of the train in
the neighborhood of Crefeld, and four of them—Gilliland,
Briggs, and two others—crossed the Dutch frontier after
three or four nights' march and after overcoming considerable
difficulties and hardships. Gaskell and I applied
personally to the General to be transferred to another
camp, and I think most of the remaining Englishmen did
the same, but our request was received with derision.</p>
<p>The two officers who escaped gave, I think, rather an
unnecessarily harrowing description of the life at Fort 9;
for if in what I have written I have given a true picture, I
think it will be realized that the feeling of bitterness was,
under the circumstances, except in particular instances and
with certain individuals, remarkably small.</p>
<p>Attempts to escape, although thoroughly earnest and
whole-hearted, were undertaken with a sort of childish
exuberance, in which the comic element was seldom absent<span class="pagenum"><SPAN name="Page_165" id="Page_165">[165]</SPAN></span>
for long. However, the feeling between the prisoners and
their guard gradually grew worse, and several incidents
intensified this bitterness to such an extent that towards
the end of my time at Fort 9 it seemed scarcely possible
that we could continue for much longer without bloodshed,
which up to that time, by pure good fortune, had
been avoided.</p>
<p>The Germans had been very irritated when we tore down
and burnt in our stoves nearly all the woodwork of the
fort, and the repeated attempts to escape got on their
nerves. In addition to this, a store of blankets and bedding
caught fire—or perhaps was set on fire by the prisoners,
as the Germans believed. The place burnt for three
days, and numerous fire-engines had to be sent out from
Ingolstadt. Also a large pile of paper and boxes from our
parcels, of considerable commercial value at that time in
Germany, was deliberately set on fire by a squib manufactured
for that purpose, although the pile was guarded
by a sentry. These and other pinpricks undoubtedly led
the Germans, as we learnt from one of the sentries, to
issue most stringent orders to the guard to use their rifles
against us whenever possible.</p>
<p>I have already recorded some of the occasions, mostly
justifiable, when shots were fired at prisoners in the fort,
but now there occurred an incident which roused the most
bitter feelings amongst the prisoners.</p>
<p>We were allowed to walk on the broad path along the
ramparts, but we were not allowed on the grass on the
far side. Two Russian officers, newly arrived at the camp
I believe and ignorant of this rule (for there were no<span class="pagenum"><SPAN name="Page_166" id="Page_166">[166]</SPAN></span>
boundary marks of any sort), lay on the grass one hot
afternoon in the forbidden area. Without a moment's
hesitation a sentry about 100 yards from them fired two
deliberately aimed shots without giving them any warning
whatever. Fortunately he missed them, though they presented
an enormous target. But the fact that he was an
exceedingly bad shot did not in any way detract from the
damnableness of this wholly unjustifiable attempt at
murder—for that is the way we looked at it.</p>
<p>About a month before this last event, Buckley, Medlicott,
and Batty Smith finished their spell of "two months'
solitary" and were welcomed back to the society and comparative
freedom of Fort 9. The Germans said that they
had only been under arrest (<i>Stubenarrest</i>) pending investigations,
and indeed ever since the row which I have
called the "Bojah" case the most searching inquiries had
been carried out by the Germans.</p>
<p>Every one who had been in any way concerned or had
been a spectator of the scene was summoned to Ingolstadt
to be cross-questioned and his evidence taken down in
writing. The Germans took the matter very seriously
and did their utmost to establish a charge of organized
mutiny against us. We, on the other hand, took the whole
business as a joke and laid the blame for the affair on
the fact that the Commandant lost his temper; and we
brought, or could have brought, if the trial had been a fair
one, unlimited evidence to prove that this was not only
possible but an everyday occurrence at Fort 9.</p>
<p>At last the case was brought before a court-martial at
Ingolstadt. As a first-hand account by one of the accused<span class="pagenum"><SPAN name="Page_167" id="Page_167">[167]</SPAN></span>
of a German court-martial on prisoners-of-war may be of
real interest, I have asked Buckley, who took a leading
part, to give an account of it in his own words.</p>
<div class='center'>THE BOJAH CASE COURT-MARTIAL<br/><br/>
By Lieut. S. E. Buckley</div>
<p>On the day fixed for the court-martial a large party of
Allied officers, consisting of witnesses and accused, were
paraded and left the fort under a strong escort. The
French contingent consisted of about eight officers, and
the British, of Medlicott, Batty Smith, and myself.</p>
<p>We left the fort at about 8 a.m. and arrived at the
Kommandantur, to which was also attached the military
prison, at about 9.15. Here we were all shown into a
room to await proceedings, and were shortly joined by
poor old Bojah, the chief accused, and Kicq, both of whom
had been kept in solitary confinement since the day of
the row. They both looked awfully "low" and ill, especially
Kicq, who had been short of food for some time
owing to the confiscation of his parcels.</p>
<p>The trial started at 10 a.m., and consisted in the examination
of Du Celié and Batty Smith. Unfortunately,
only the officers whose cases were being examined at the
time were allowed to be present, so that we were only
able to judge of the temper of the court by the sentences
imposed. Du Celié, a Frenchman, who had been charged
with complicity and who conducted his own defense, was
acquitted. As a matter of fact all he had done was to
translate a letter written by Batty Smith to the Commandant,
at the former's request, in which Batty Smith was<span class="pagenum"><SPAN name="Page_168" id="Page_168">[168]</SPAN></span>
alleged to have slandered the Commandant. Batty Smith
was awarded one and a half year's imprisonment, and
appealed against his sentence.</p>
<p>Bojah himself and Kicq were next examined, and as far
as I can remember they were still before the court when
the luncheon interval arrived.</p>
<p>We had brought lunch with us, and we had made it
as sumptuous as possible in order to impress the Germans
with the lack of success of their submarine campaign.
After lunch Medlicott and I had a little quiet amusement
to ourselves. We had both made fairly elaborate preparations
for an escape, should an opportunity arise during the
proceedings. We had a large quantity of food in our
pockets, and portions of civilian clothing, including mufti
hats, concealed on our persons. During lunch the sentries
had been withdrawn from the waiting-room and only one
remained standing in the doorway.</p>
<p>The room was on the ground floor and looked out on to
the courtyard of the military prison; it seemed but a simple
matter to jump out of the window into the courtyard,
whence, by turning a corner round the building, a clear
exit could be made on to the main road. We got some
French officers to start an animated conversation in the
doorway in order to hide us from the sentry, and we had
previously arranged with Kicq (who had returned to his
cell during lunch and whose window overlooked the room
in which we were collected) to give us the signal when
all was clear.</p>
<p>At the given signal from Kicq, Medlicott jumped on to
the window-sill, and was just about to drop into the courtyard<span class="pagenum"><SPAN name="Page_169" id="Page_169">[169]</SPAN></span>
below, when to my amazement I saw him scramble
back into the room again and burst into fits of laughter.
On looking out of the window I discovered the cause.
There, leaning up against the wall, immediately below,
was "Fritz," the canteen man from the fort—"Fritz," fat
and forty, with an ugly leer on his face and brandishing
a fearsome looking revolver in his hand. He had apparently
been stationed round the corner, where Kicq could
not see him, and had only just arrived below the window
as Medlicott was about to jump out.</p>
<p>I might remark that this was the only occasion during
my whole stay in Germany that I ever came across a
really intelligently posted guard.</p>
<p>The examination of Bojah, Kicq, and later De Robiere,
continued till late in the afternoon. Kicq received a
sentence of two years, De Robiere one year, and Bojah
nine months. As an instance of the gross injustice of the
whole affair, during De Robiere's trial the public prosecutor
stated that Kicq's action did not receive the support
of his brother officers, either British or French. This, of
course, was quite untrue, and De Robiere, who tried to
protest, was immediately "sat upon" by the president of
the court. De Robiere made frantic efforts to get a hearing,
and failing in his attempt endeavored to waylay the
public prosecutor on his way out of court. This brave
functionary was unfortunately able to elude De Robiere's
wrath by escaping from a side door.</p>
<p>Medlicott and I entered the court-room and stood side
by side facing the officers who composed the court and
who were seated on a raised platform at the far end of<span class="pagenum"><SPAN name="Page_170" id="Page_170">[170]</SPAN></span>
the room. The court consisted of about eight officers
presided over by an old colonel covered with a multitude
of parti-colored ribbons. Our two cases were taken together.
We were accused of insulting the Commandant,
escaping from arrest, disobedience to orders, and a few
other minor offenses; Medlicott, in addition, was accused
of having broken the ventilator over the door of his cell.</p>
<p>The proceedings opened in a lively manner by Medlicott,
who was in his usual truculent mood, refusing to
answer any questions. This immediately brought down
the wrath of the president upon him, and he was told
that if he persisted in his attitude he would be put in
solitary confinement for contempt of court. As this didn't
suit Medlicott's book at all (he was at the time planning
a fresh escape), I took it upon myself to accuse the interpreter
of having falsely interpreted what Medlicott had
said. I explained that Medlicott wished to ask if he had
the right to refuse to answer questions. This luckily satisfied
everybody (except the interpreter, who didn't count).</p>
<p>After the Commandant and <i>Feldwebel</i> had given their
evidence, the former with some anger and more excitement,
I got up and read a long speech in German in
Medlicott's and my own defense. It is my greatest regret
to-day that I have no copy of this classic document, which
had been carefully prepared for me by an Alsatian officer.
In it I "let myself go" and accused both the Commandant
and the <i>Feldwebel</i> of cowardice and of shirking going to
the front. In fact, I thoroughly enjoyed myself at their
expense; so also, I think, did Medlicott, who turned round
during my speech and grinned openly in the faces of the<span class="pagenum"><SPAN name="Page_171" id="Page_171">[171]</SPAN></span>
Commandant and the <i>Feldwebel</i>, who were sitting directly
behind us. After I had read our defense, the public prosecutor
summed up the case against us, and, if I remember
rightly, asked that we might be sentenced to two years'
solitary confinement each. I think he was rather annoyed
at the time because we had been able to get hold of a
German military law book in the fort in which I found
that we had been accused under the wrong paragraph, and
this mistake I had enlarged upon in our defense.</p>
<p>We were then marched out of court, and returned a
few minutes later to hear the verdict of six weeks' solitary
confinement for Medlicott and six and a half months for
myself. Against these findings we both naturally appealed.</p>
<p>The whole affair had been unjust in the extreme. In
the first place, the proceedings had been conducted in
German, of which Medlicott understood next to nothing.
We were allowed no defending lawyer; and, finally, our
request to call witnesses in our defense was disallowed.</p>
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