General Court Martial ,Private:Theodore John Schurch

Discussion in 'RASC' started by CL1, Dec 16, 2016.

  1. CL1

    CL1 116th LAA and 92nd (Loyals) LAA,Royal Artillery

    Birth: May 5, 1918, England
    Death: Jan. 4, 1946, England
    [​IMG]
    /61711 Private Theodore John William Schurch, RASC, attached to RASC Woolwich Depot, was tried by General Court Martial (GCM) held at Duke of York’s HQ, Chelsea SW3. The court was convened by Lieutenant-General Sir Charles Loyd, KCB, DSO, MC, commanding London District, Leconfield House, Curzon Street, London W1 on 10 September 1945.

    When Schurch was asked by the President if he objected to any of the court’s members, Schurch asked the court’s members to state their religion. In turn the court’s members gave the following replies: Colvin, Bushman, Holmand, Egerton and Harbinson all stated that they were Church of England, Martin was Presbyterian and that Holland was Jewish. Schurch objected to the Jewish member. After a short adjournment, the court agreed to the objection and Major F.A. Holland was replaced on the panel by the Waiting Member Major M.H. Harbinson, RA.

    The Charges
    Schurch faced nine counts under the Army Act (section 12) in that he committed a civil offence that is to say treachery contrary to Section 1 of the Treachery Act 1940.

    In North Africa on or about 13 September 1942 obtained information from Allied POWs at Torbruk and communicated this information to the enemy.

    At Benghazi on or about 14 September 1942 obtained information from Allied POWs relating to Long Range Desert Group units, and communicated this information to the enemy.

    In North Africa in or about October 1942, obtained information from members of His Majesty’s Forces relating to various operations, re-crossed enemy lines and communicated this information to the enemy.

    In North Africa in or about November 1942, obtained information from members of His Majesty’s Forces relating to various operations, re-crossed enemy lines and communicated this information to the enemy.

    At Homs, in North Africa, in or about October to November 1942, obtained information from Allied POWs relating to the Special Air Service, and communicated this information to the enemy.

    At Rome, in or around February 1943, attempted to obtain information from Colonel David Stirling, Scots Guards, who was a prisoner-of-war, relating to the Special Air Service.

    At Rome, in or around April 1943, obtained information from Naval POWs in enemy hands, about the Royal Navy in the Mediterranean and communicated this information to the enemy.

    At Rome, in or around April 1943, obtained information from Naval POWs in enemy hands, about military operations in the Mediterranean and communicated this information to the enemy.

    At Rome, in or about May 1943, obtained information from a POW in enemy hands relating to operations in the Mediterranean, and communicated this information to the enemy. In addition to these charges which carried a mandatory death sentence upon conviction, Schurch faced one count of Desertion (unlike the First World War, desertion during World War Two was not punishable with death).

    In that he in North Africa absented himself during October 1942 with intent to join the enemy.

    Theodore Schurch pleaded not guilty to all ten charges.

    The court then agreed an adjournment, as both the prosecution and defence stated that they had not had sufficient time to prepare their evidence. The President announced that the court would adjourn until 10.30 am on 17 September 1945.

    When the court resumed five days later, the Prosecution was represented by Major Hillard and SQMS P.E. Girling, RASC, was the Shorthand Writer.

    Prosecution Case
    The Prosecution called the following people who confirmed their written statements, and identified Schurch as the person mentioned in their sworn statements.

    Colonel David Stirling, Scots Guards.

    Lieutenant John Henry Bromage, RN.

    Lieutenant Archibald Hart, RNVR.

    Captain A.G. Lascaris.

    Lieutenant G.G. Hardy, RNVR.

    14264926 CSM G.Y. Thompson, SIB, Northern Command stated to the court that he had witnessed the typed statement of the accused’s signed statement.

    Defence Case
    Schurch did not call any witnesses in his defence, but he did give evidence under oath and was examined by his legal representative. Schurch was also cross-examined by the Prosecutor.

    The court adjourned at 12.55 pm. When the court resumed at 1.20 pm, the court President announced that their findings would be promulgated to the accused. If the court had found Schurch not guilty, he would have been informed immediately by the court. Consequently, Schurch knew that he had been found guilty. In fact the court found him guilty of all ten charges.

    Schurch’s Army Form B296 (Character & Particulars of Accused’s Service) stated that he was entitled to the General Service Medal with Palestine clasp, and possibly the Africa Star. It also stated that Schurch had several previous offences: Stating a falsehood to a NCO, Absence from duty and two offences of being absent without leave. His age was given as 27 years 4 months.

    The Sentence
    Schurch was sentenced to death by hanging, and this was promulgated to Schurch, who was held at H.M.P. Pentonville, on 10 November 1945.

    Theodore Schurch was hanged at Pentonville Prison on 4 January 1946; the day after the execution of William Joyce at Wandsworth Prison. The executioner, in both cases, was Albert Pierrepoint.

    T/61711 Private Theodore John William Schurch, Royal Army Service Corps (RASC), is commemorated on the Brookwood Memorial. His entry is located on Panel 17, Column 3. The date of his death, which was obtained from the CWGC, is identical to the date of his execution at London's Pentonville Prison








    Burial:
    Pentonville Prison Cemetery
    Islington
    London Borough of Islington
    Greater London, England
    Pvt Theodore John Schurch (1918 - 1946) - Find A Grave Memorial
     
  2. Drew5233

    Drew5233 #FuturePilot 1940 Obsessive

    Hi Clive - What made you post this up? I've just done some research on him at TNA.
     
    Chris C likes this.
  3. CL1

    CL1 116th LAA and 92nd (Loyals) LAA,Royal Artillery

    Hello Andy
    I was looking at the burials at Pentonville prison cemetery and his name came up.
    I thought it was an interesting case.



    Brueling, Heintz[​IMG][​IMG] 17159077
    b. unknown d. Oct. 6, 1945 Pentonville Prison Cemete...
    Islington
    London Borough of Islington
    Greater London
    England
    Bywaters, Frederick Edward Francis[​IMG][​IMG][​IMG][​IMG] 15785105
    b. Jun. 27, 1902 d. Jan. 9, 1923 Pentonville Prison Cemete...
    Islington
    London Borough of Islington
    Greater London
    England
    Christie, John Reginald Halliday[​IMG][​IMG][​IMG][​IMG] 10712839
    b. Apr. 8, 1899 d. Jul. 15, 1953 Pentonville Prison Cemete...
    Islington
    London Borough of Islington
    Greater London
    England
    Crippen, Dr Hawley Harvey[​IMG][​IMG][​IMG][​IMG] 12233191
    b. Sep. 11, 1862 d. Nov. 23, 1910 Pentonville Prison Cemete...
    Islington
    London Borough of Islington
    Greater London
    England
    Geraghty, Christoper James[​IMG][​IMG] 32116687
    b. 1926 d. Sep. 19, 1947 Pentonville Prison Cemete...
    Islington
    London Borough of Islington
    Greater London
    England
    Heath, Neville George Clevely[​IMG][​IMG][​IMG][​IMG] 15811257
    b. Jun. 6, 1917 d. Oct. 16, 1946 Pentonville Prison Cemete...
    Islington
    London Borough of Islington
    Greater London
    England
    Jacoby, Henry Julius[​IMG][​IMG] 40094292
    b. 1904 d. Jun. 5, 1922 Pentonville Prison Cemete...
    Islington
    London Borough of Islington
    Greater London
    England
    Jenkins, Charles Henry[​IMG][​IMG] 32116711
    b. 1924 d. Sep. 16, 1947 Pentonville Prison Cemete...
    Islington
    London Borough of Islington
    Greater London
    England
    Kieboom, Charles[​IMG][​IMG][​IMG][​IMG] 12522488
    b. unknown d. Dec. 17, 1940 Pentonville Prison Cemete...
    Islington
    London Borough of Islington
    Greater London
    England
    [​IMG] Find your ancestors at Ancestry.com [​IMG]
    Koenig, Erich[​IMG][​IMG] 17159070
    b. unknown d. Oct. 6, 1945 Pentonville Prison Cemete...
    Islington
    London Borough of Islington
    Greater London
    England
    Kuehne, Armin[​IMG][​IMG] 17159081
    b. 1924 d. Nov. 16, 1945 Pentonville Prison Cemete...
    Islington
    London Borough of Islington
    Greater London
    England
    Meier, Carl[​IMG][​IMG][​IMG][​IMG] 12522454
    b. unknown d. Dec. 10, 1940 Pentonville Prison Cemete...
    Islington
    London Borough of Islington
    Greater London
    England
    Mertins, Josep[​IMG][​IMG] 17159067
    b. unknown d. Oct. 6, 1945 Pentonville Prison Cemete...
    Islington
    London Borough of Islington
    Greater London
    England
    Palme-Goltz, Joachim[​IMG][​IMG] 17159071
    b. unknown d. Oct. 6, 1945 Pentonville Prison Cemete...
    Islington
    London Borough of Islington
    Greater London
    England
    Schmittendorf, Emil[​IMG][​IMG] 17159083
    b. 1914 d. Nov. 16, 1945 Pentonville Prison Cemete...
    Islington
    London Borough of Islington
    Greater London
    England
    Schurch, Pvt Theodore John[​IMG][​IMG] 12452571
    b. May 5, 1918 d. Jan. 4, 1946 Pentonville Prison Cemete...
    Islington
    London Borough of Islington
    Greater London
    England
    Singh, Sher "Udham"[​IMG][​IMG][​IMG][​IMG] 141884314
    b. Dec. 26, 1899 d. Jul. 31, 1940 Pentonville Prison Cemete...
    Islington
    London Borough of Islington
    Greater London
    England
    Waldeburg, Jose[​IMG][​IMG] 12522423
    b. unknown d. Dec. 10, 1940 Pentonville Prison Cemete...
    Islington
    London Borough of Islington
    Greater London
    England
    Find A Grave Search Results
     
    Guy Hudson and Drew5233 like this.
  4. Drew5233

    Drew5233 #FuturePilot 1940 Obsessive

    That's a coincidence :)
     
  5. amberdog45

    amberdog45 Senior Member

    Interesting post, thanks for posting

    Entries at findmypast in the casualty lists findmypast.co.uk
     
  6. Tricky Dicky

    Tricky Dicky Don'tre member

    Always wondered what CL1 did with his spare time and at weekends :whistle::huh:

    TD
     
    CL1 likes this.
  7. davidbfpo

    davidbfpo Patron Patron

    There is quite a detailed (undated) account of this man on this website: THE HONOURED TRAITOR

    It has some claims that LRDG and SAS operations in North Africa gained intelligence from prisoners, enough to capture two groups and learn who succeeded David Stirling.

    There are several other threads that refer to Schurch, which easily be found. This thread appears to be the most suitable place for this and of course for CL1.
     
    CL1 likes this.
  8. Bruneval

    Bruneval Well-Known Member

    If you search Schurch on TNA website you can access the files for free - there are quite a number of large files!

    My particular interest is 14 Company RASC, of which Schurch had been a Driver within the unit in Palestine. Interestingly, he tried to extract information from a member of the LRDG who was a POW. It just so happen that he had been in 14 Company and recognised Schurch!! Also, Schurch tried to gain information from a Lt Bromage RN who again was a prisoner. Interestingly, Bromage had been the Captain of the submarine Sahib which had torpedoed the SS Scillin in November 1942. The SS Scillin had been transporting Allied POWs, a handful of which were from 14 Company. A series of coincidences.

    Regards

    Bruneval
     
    Deacs likes this.

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