Sir John Monash, Personal Files Book 12, 2 May - 31 May 1916, Part 4

16/5/16
Conference with C.O's
Slackness of discipline
Noise after Lights out  ]   Capt of Day
do before Reveille  ]
Bugle calls in Camp
Bugle practices
Punctuality of parties - often too early.
Hot weather - parade in heat - Med. advice.
16^th Bn - withdrawal of Signallers'
 

16/5/16
OPINION OF CONFIRMING AUTHORITY
I am of opinion that I should withhold confirmation of the finding
and sentence in this case; but before giving effect to this opinion
I refer the case for the favour of a ruling by the D.J.A.G.
The Filed General Court Martial having found the accused not
guilty on the second (alternative) charge, of perjury it is unnecessary
to deal with same of any length.  But in my opinion there was
nothing in the summary of evidence against Segeant Forde to justify
the laying of such a charge.  Perjury consists in swearing to that
which is known or believed to be untrue.  For a man to swear "I am
not in a position to say if he was drunk or not" amounts merely to
a refusal to swear on a matter of opinion or belief.
As to the first charge, it is admitted and proved that the
words charged were used by the accused, ut there is nothing to
shew that the use of the words was to the prejudice of good order
and discipline.  On the contrary, two other N.C.O's entertained the
same belief as the accused, and it subsequently appeared that Capt.
Woollard A.A.M.C. "had no doubt in his own mind that he (Cpl. Cooper)
was very drunk".  It cannot be to the prejudice of good order and
discipline for an N.C.O to make a statement involving an expression
of belief which appears to have been well founded and shared by
others.
On the whole merits, it is unfortunate that there should have
been a breakdown of the case against Cpl. Cooper, but this is not
the fault of the accused Sergt. Forde.  In his defence he is perfectly
frank as to the reasons which actuated him in declining to repeat
on oath what he had previously stated; and those reasons disclose
no vestige of mala fides. But even if he could be held to have
committed an offence in refusing to repeat on oath his former statement,
this is an offence with which he was not charged.
BRIG-GENL.
for G.O.C. 4th. Aust. Division.
 

Serapeum
16/5/16.
If the Argus would like to make use of the subjoined
there can be no possible objection from the Censorship
point of view. -
John Monash.
P.S.  The point of interest in the attached report, lies
only in this that our Australian public have very
little opportunity afforded to them of getting at first
hand any Knowledge of the very great work which has
been going on in the formation and training of her great
Army of Four Divisions - made up by the breaking up
of the ^Four Veteran Brigades, & distributing them among the
new formations. -
JM.
The Fourth Division
Upon the formation of the Fourth Australian Division
the commander Major General Sir H. V. Cox called
together all the officers of the Division, and delivered
an address as an introduction to the War Training
of the Division. - At the conclusion of his
remarks he called upon Brigadier General Monash,
Commander of the Fourth Brigade, as the senior Australian
officer of the Division, to also address the gathering.
 

General Monash said: -
The General has asked me to add some remarks, and I feel sure
that he would desire that, in doing so, I should apply myself to
one or two themes other than those touched upon by him in the 
convincing and stimulating address to which we have listened.  And this I
shall endeavour to do.