Sir John Monash, Personal Files Book 13, 16 August - 30 September 1916, Part 13

5. Duty of Court to ask questions - must get out the truth

(a) of witnesses

(b) of accused - wrong idea that you can't attack a man to incriminate himself
(i) if he gives evidence - may be cross examined

x Tel-el-Kahir case)
of positions             )

An innocent man has nothing
to fear, if not brow beaten.

(ii) if only makes statement

(a) No Comment by Counsel

(b) entitled to draw inferences

Also inferences from absence of satisfactory explanation - x in possession of

stolen article. 
Presumption of guilt - if established - must be brushed away - also inference. 
Very much easier, as a rule, for a man to prove himself innocent than for the prosecution to find him guilty. -
6. Duty of Court to fill up gaps in evidence -
by adjourning for evidence.

Special case where acquittal involves a slur on a Military Policeman 
or an Officer or a sentry is - of course, he may be a liar.

7. Discriminatn between

Evidence as to fact of guilt - finding:  
evidence as to degree of culpability- sentence
( e.g. provocation, 
(excitement, 
(ignorance no excuse
(but extenuation

Relevancy of evidence. -

Weight of evidence - not quantity., but posblty -  motive of witness - shielding.

8. Final Judgement:-

Instinct of 'Fairness' - not 'fairness' not leniency.

Attitude that of a juryman - 

Principle of the jury.

Same reasonableness as that employed in private affairs

"Even tho family believe him guilty, you cannot find him guilty unless evidence is conclusive" - [[?Gribble]]

Conscientious belief - on trustworthy narrative - club or mess account - 
Demeanour of witnesses & accused -

Test of Motive - excellent always - Absence of Motive.

Field G.C.M. Much greater freedom from formality : -

9. Sentences If Summary - 28 days FP

If not Summary - reasons in favour of - substantiated exemplary - incentive.

B. Cut down proceedings - save time - brevity - irrelevance

Most cases 1 hr.

Latitude of Cross Examination - credibility - side issues. - 

ADC
THIRD AUSTRALIAN DIVISION ORDER No. 2
Copy No  12
26/9/16.
REFERENCE 1" ORDNANCE MAP.
1. His Majesty the King will reach the Parade Ground BULFORD
FIELD at 11.25 a.m. to-morrow. Zero time will be 11.15 a.m. Troops
will be in position before this hour ready to receive him. Tails
of all columns will reach the parade ground by 10.15 a.m.
2. "B" and "C" Groups will march via C crossing. They will pass
point 484 KNIGHTON DOWN on their right in order not to foul the
Third Australian Divisional Artillery. They will make their own
arrangements for civilian traffic passing through the column on its
way down and back. They will give precedence to the Third Australia
Divisional Artillery at the road junction at "F" of FORD, south of
MILSTON in the event of the tail of the Artillery not being clear
of this point. If they have to halt while the Artillery clear them,
they will close up on their head at this point doing away with intervals
between Battalions, etc. They will submit a copy of their March
Tables to Headquarters Third Australian Division for information.
On the way back the Artillery will give precedence to "B" and "C"
groups at the above road junction.
The Third Australian Divisional Artillery will march, dismoun
men as they did today via the Ford, the remainder via "C" crossing.
The tail of the whole of the Artillery will be clear of the road
junction "F" of FORD by 9.30 a.m. The mounted portion of the
Artillery will be careful not to check "B" and "C" groups at C cross
The Third Australian Division, less Artillery and other detail
will move on to the ground in accordance with March Table No.1
attached, and will return to barracks as shown in March Table No. 2
also attached.
After His Majesty has left, cars etc. carrying visitors with
passes will be allowed to proceed on their way before the troops move
The A.P.M. Third Australian Division will notify Divisional
Artillery, 9th Aust. Infantry Brigade, and "B" and "C" Groups when
they can occupy the road for the march home. He will also notify
the Officer-in-Charge of Bands when Bands can move on to the road
in order to be opposite their units ready to march off. Visitors and
spectators not in possession of passes will not be given precedence
to troops during the homeward march.
Watches will be synchronized by a reference to Divisional
Headquarters between 6.30 and 7.30 a.m. to-morrow.
The receipt of this order will be acknowledged.
G.H. Jackson
Lieut-Colonel
General Staff.
Copies issued by Special Despatch Rider at 9p.m. 26/9/16.
P.T.O. For distribution. 

Copies issued as under. -
 

	Copy No.
3rd Aust. Div. Artillery	1
9th Aust. Inf. Bde.	2
10th           -do-	3
11th           -do-	4
3rd Aust. Pioneer Bn	5
A.D.M.S	6
O.C., A.S.C.,m 3rd Aust. Div.	7
"B" Group	8
"C" Group	9
Australian Contingent, TIDWORTH (for information)	10
New Zealand Contingent, SLING Group, (for information)	11
A.D.C	12
General Staff.	(13
	(14
	(15
A.Q. Staff.	(16
	(17
	(18
A.P.M.	19
Officer i/c Massed Bands	20
	(21
Spare	(22
	(23
	(24
File	25

26/9/16
Conference of staff
 

Major Jackson & Capt. Pyke -	Intervals from centre √
	Mark frontage for tomorrow √
	Remember A Group away.√
	All units move E after inspection√
	Hold up for bands to pass -√
	Subsidiary Wheeling point √
	First wheel at double √
Major Hyllin -	Method of approach to Second point √
	Move artillery forward to the 200x flag. √
	Infantry to follow in Close Col. of platoons √
Major Wootten. -	Keep column moving √
	Deal with jibbing team or any other check √
	Send Artillery clear. √
	Change directions at road √
Lieut Blacket. -	Piling up of Infantry - platoon > 4 paces.  √                                          men sit down.  √
	Noone to encroach on road till C.S.O gives word.  √
	Men not to get onto bank or edge. √
	[[?ns]] no packs √
Sg Fay & Bandmaster -	Band plays 6 bars at "Arms"  √
	Bands play "Inspection" in turns  √
	Bands move up to 100x from fly - by the left of 3rd Division  √
(A.P.M)	Hold bands till motor traffic clear √
	Bands along road; in order of Units √
Lieut. Molesworth -	Horseholders. √
Capt Coleman -	Time Narrative - at once to Gen. Jackson √

HEADQUARTERS
28 SEP. 1946
THIRD AUSTRALIAN DIVISION
CONFIDENTIAL
C.R.SC. NO. 143023 (G).
The
General Officer Commanding,
3rd Australian Division.
The attached copy of General Headquarters Letter No.
6440 (T.B.) dated 26th September, 1916, is forwarded for
your information with reference to your letter of the 14th
September, 1916.
LS King King
Captain C.S
for Brigadier Generalp H.S.
Southern Command.
HEADQUARTERS
28 SEP. 1946
No. OC. 36/11
THIRD AUSTRALIAN DIVISION
Salisbury.
27th September, 1916

CONFIDENTIAL.
G.H.Q.,H.F.,C.R. 6440. (T.B.)
Headquarters,
Southern Command.
In reply to your C.R.S.C. 143023 (G)
dated 20th September, 1916, submitting a
request by the General Officer Commanding
[*Sep. 14/16*]
3rd Australian Division to be informed as
to when his equipment, &c, will be
completed, it is not at present possible
to give even an approximate date, but the
requirements of this Division will be
completed as soon as possible having due
regard to the necessity for meeting other
demands.
(Sgd) H. C. LOWTHER
Brigadier-General,
General Staff.
General Headquarters,
Horse Forces,
Horse Guards, S.W.
26th September, 1916.