Samuel Hamer

[Myrtle]

Samuel Hamer was one of the reasons that I initially started researching war memorials. He was my great grandmother's second husband who I admire for the fact that he married my great grandmother, a widow with six children. He appears on the memorial in the small town where he was born and I know where he is buried in South Wales, however he is not mentioned on CWGC or SDGW.

I have received a copy of his death certificate which states that he was 42 years old when he died on 22nd October 1918 at home from pulmonary tuberculosis.

His gravestone says that he died in September 1918. His occupation is recorded as Army Pensioner.

His step daughter, however, has further information that makes his story more complicated.She has told me that Samuel Hamer came home a short time before his death. She was fourteen at the time and playing with her sister on the canal bank near to where she lived. She describes how she saw a soldier coming past. He was in a dreadful state and it was only when she was called by her mother to go and fetch the doctor that she realised that it was Samuel Hamer. She said that before he went away he looked like Kitchener.

My G Aunt also described soldiers tramping down the street some days later. She remembers clearly the knocking on the door and her mother sending her to fetch the doctor. It appears that Samuel Hamer had left his unit on disembarkation and hitching a lift with a lorry had returned home. The doctor arrived and stood on the doorstep arguing with the soldiers. He explained that Samuel Hamer was dying and could not be moved. My aunt said that the doctor argued and argued and eventually the soldiers left without him. Samuel Hamer died a few days later.

I would appreciate any thoughts on this one. I will need to check Army Pension records but I was wondering if there are any other sections at the NA I should search ?

[Terry Denham]

Without a clear story here, there are a number possible reasons why he would not be listed by CWGC.

1) He had left the army and was a pensioner. His death was not deemed to be caused by or exacerbated by his military service and therefore does not qualify for war grave status.

2) He was still in the army but had been declared a deserter and in which case he would not qualify.

3) He had left the army and his death WAS a result of his service but the n-o-k or pensions office did not notify CWGC.

4) A simple clerical ommission.

Clarification of his status at death seems to be needed here before making any further comment on his lack of a listing.

[Myrtle]

Terry

Thank you for your reply.

I am trying to clarify Samuel Hamer's story as I would like to find his regiment and his status at the time of his death.

The description of the soldiers marching down a village street and then the banging on the front door leads me to believe that Samuel Hamer must have gone awol. A fourteen year old would not forget such an incident and a 99 going on 100 year old mentally active lady would not forget either.

I am interested in your mentioning that deserters who died were not listed by the CWGC. Was this because the relatives were the only ones who could report the death and they would therefore keep quiet if the soldier had deserted ?

It seems that those men who deserted and were shot at dawn can be remembered by the CWGC but the men who deserted and died can not ?

Regards

Myrtle

[Terry Denham]

Myrtle

A man who died whilst AWOL does qualify for CWGC listing and War Grave status as he would be deemed NOT to have left the military permanently.

However, once a man had been declared a deserter, he was deemed to have left the military permanently and lost the right to CWGC recognition upon death.

But, if the deserter was recaptured, he was deemed to have rejoined the military and so qualified once again for recognition. That is why the executed men have CWGC recognition and War Grave status.

Simple - isn't it !!

[Myrtle]

Terry

How was it decided if a man had gone AWOL or if he had deserted ?

[Terry Denham]

I am not sure of the exact procedure as laid down in King's Regulations but I am sure one of our resident experts will be able to help.

I believe the decision to move a man from one category to the next was based on length of absence or knowledge of a degree of forward planning on the deserter's part.

Any military law experts out there?

[Myrtle]

Terry

Thanks for your reply.

Is there anyone who out there who can answer this question ?

[Myrtle]

Terry

I've sent you an email

Myrtle

[Jock Bruce]

My edition of the Manual of Military Law is from 1914, but I guess the principles didn't change ...

The critical difference between AWOL and desertion was intent. Following quotes might clarify

Desertion ... implies an intention on the part of the offender not to return to His Majesty's service at all, or to escape some particular important service

AWOL may be described as such short absence .... as occurs when a soldier does not return to his corps or duty, but on returning is able to show he did not intend to quit the service, or to evade the performance of some duty so important as to render the offence desertion.

Mere length of absence in, by itself, inconclusive as a test .....

Nor can desertion invariably be judged by distance ......

Jock

[Myrtle]

Jock

Thank you

Myrtle