Engaged to act on another front Solicitors in World War One By TONY CUNNEEN To mark the 90th anniversary of Armistice day to be officers in these con- legal processes could be quite tingents. Another influen- difficult, especially if the body this month, Tony Cunneen looks at the stories of tial appointment was an Indi- of the soldier was not located, some NSW solicitors who served with Australian an-born 34-year-old solicitor, or there was a dispute over Major Charles Melville Mac- the next-of-kin, the date of forces at Gallipoli and on the Western Front. naghten, who was in the 4th death, the correct recipients of Some never to return. Battalion. He was an impos- medals, or the loss of the sol- ing, vigorous, impetuous char- dier’s possessions. acter who had gained a reputa- Another practical way of HE GREAT WAR OF expressed a commonly held tion in the pre-war militia for helping the families of soldiers 1914-1918 haunted attitude when he exhorted the transforming inner city youth was through the Red Cross the chambers, courts assembled students of Sydney into soldiers. His command- Missing and Wounded Bureau, T and law offices of Grammar School to “rush to ing voice could be heard echo- which was established mid- Australia, just as it did all other the colours and down the dirty ing around the Domain as he 1915 and funded largely by the walks of life. Many members of Hun! ...What better can you do trained his young men. When legal profession. The Incor- the NSW legal profession gave than to go out and die fight- war broke out he worked porated Law Institute of New up the law to become soldiers. ing for your country?”3 He sur- closely with Sydney barris- South Wales provided prac- Some became senior offic- vived the war. Others were not ter, Colonel Henry Normand tical support for the Bureau ers. Others joined and served so lucky MacLaurin. The two men by guaranteeing a sum of one as private soldiers, despite, in The first adventurous solic- “largely influenced the choice hundred pounds per annum some cases, their advanced itors who enlisted in August of officers throughout the (1st) towards the salary of a perma- age and professional status. 1914 went with the Australian Brigade.” 4 Generally, they nent clerk at the office. Many At home, many solicitors and Naval and Military Expedition- chose men similar to them- solicitors gave up their time to their families worked hard to ary Force (ANMEF) to fight selves in terms of professional visit hospitals to interview sur- help and care for the forces by in New Guinea. John Malbon or business status. A steady vivors to ascertain the details of supporting war related chari- Maughan, a 36-year-old solic- stream of solicitors joined up. men killed or missing in action. ties and organisations such itor from Neutral Bay, was Relatives of such men were as the Comforts Fund2 or the among them. Maughan was Free legal advice invited through regular adver- Australian Branch of the Brit- beginning a military career and charity work tisements to visit the Bureau’s ish Red Cross that would see him later sur- offices to be told whatever Solicitors were demonstra- vive fighting on Gallipoli, Solicitors were keen to help news was available or simply bly loyal to their country and then be wounded in action on out in a variety of ways other to enquire as to the progress Empire during World War the Western Front, where he than as members of the armed of an investigation. Families One. Solicitor W.M. Marks, would be awarded the high forces. Legal firms offered free were desperate for any scrap who saw service in the Brit- honour of the Distinguished advice to soldiers on active of information and often con- ish Navy on a minesweeper, Service Order. service. At the beginning of structed elaborate scenarios While the ANMEF battled the war this offer may have as to the possible survival of a Tony Cunneen BA, MA Dip ED the heat and humidity in New been made out of patriotic loved one: could he have been teaches English and history and is Guinea, the first contingents energy, but it would commit a prisoner, or wounded and the Senior Studies Coordinator at of soldiers sailed from Fort these lawyers to years of pro- suffering from memory loss St Pius X College, Chatswood. He Macquarie near Man o’ War tracted complex matters. With and lying unnoticed in a hos- has published two books, “Suburban Steps in Sydney Harbour. They nearly 100,000 men from NSW pital somewhere? Red Cross Boys at War” and “Beecroft and expected to go to Europe, but going overseas during the war, searchers looking for informa- Cheltenham in World War I”, in disembarked in Egypt. Colo- it was no small service to have tion, scoured hospitals and mil- addition to numerous articles. The nel Leonard Dobbin, a 46-year- offered free legal advice to itary establishments around author expresses his gratitude to old Irish-born solicitor com- them. On occasion, soldiers’ the world. Countless letters solicitor Brian Williamson for his manded the 1st Battalion. He wills were dealt with by solici- and cables were sent. All the valuable advice in the preparation was one of many members of tors who were grieving them- evidence was then evaluated of this article.1 the law who had been chosen selves for lost relatives. The and a report sent to the family. 18 LAW SOCIETY JOURNA L November 2008 The staff of the 1st Australian Infantry Brigade train at Kensington, Sydney, in September 1914: (l to r) Major Francis Irvine, Colonel Onslow Thompson, Colonel Henry MacLaurin and Captain Charles Macnaghten. MacLaurin, a barrister before the war, was Australian Army together food parcels and killed in action at Gallipoli; Lieutenants A.L.K. other bundles of comforts for within ten minutes Irvine Cooper (left) and soldiers overseas. They had had also fallen. Macnaghten, J.M. Maughan, a plenty of work to do once the a solicitor, served at both solicitor, sail for New landings had been made on Gallipoli, where he was Britain on board the Gallipoli. wounded in a charge that took troopship Berrima in Thompson’s life, and on the September 1914. The Gallipoli 1915 Western Front, but survived to ship was carrying the return to practise in Sydney. first contingent of the One of the first of the AUSTRALIAN WAR MEMORIAL Australian Naval and legal professionals to fall in NEGATIVE NUMBER H16711 Military Expeditionary action was the Sydney solici- Force which was tor, Lieutenant Alan Dawson, associate, the barrister Colonel to remove German killed in the confused battles Henry MacLaurin was killed in control from the area. on Galliopli on day one, 25 action. His death was a great Maughan went on to April 1915. Another solicitor, shock to the legal community. serve in Gallipoli and Major Charles Macnaghten, Fighting with Macnaghten the Western Front, went ashore and showed his in the 4th Battalion were the where he was wounded enthusiasm for battle soon Sydney solicitors Lieutenant in action. after. On 26 April a messen- Bertie Stacy and Lieutenant AUSTRALIAN WAR MEMORIAL ger burst into the 4th Battal- Adam Simpson. Bertie Stacy NEGATIVE NUMBER H12830 ion headquarters and blurted was reported as being a par- out: “the line is to make a gen- ticularly effective soldier who The Bureau’s detailed, careful Royal Flying Corps. His daugh- eral advance.” Famously, Mac- “displayed gallantry, coolness assessment of evidence shows ter, Helen, was employed by naghten said to his Command- and judgement during the all the hallmarks of legal pro- the British Admiralty decoding ing Officer, Colonel Onslow whole operation”. The report cedures. These report can now messages in foreign languages. Thompson: “I’ll take the right was one of a number of such be accessed today through A.R. Minter’s son, Bruce, also Colonel, if you’ll take the left”. commendations made by the Australian War Memorial enlisted. Then they attacked with their their Company Commander, archives. They are an invalua- Another great fundraiser for men. Charles Bean wrote that another solicitor, Captain ble historical resource. the Comforts Fund was the “led by two of the bravest and Hector Clayton. The men sur- In addition to the Red Cross solicitor and mayor of Hunt- most highly trained officers vived the fighting, but others and free legal advice a number ers Hill, William Windeyer. He in the force, without the vagu- were not so lucky. Major John of solicitors were active in the gave all manner of practical est instruction or any idea Brier Mills a 45-year-old solici- Comforts Funds, which looked support, including donating as to an objective, the 4th ... tor who had survived the Boer after the personal needs of the the flowers he cultivated to the went blindly on to Lone Pine”.5 War, was killed in the Turkish soldiers. Among the Comfort’s fund for sale at one of their Pitt Defeat was inevitable. Mac- attacks in late May. Fund’s leading lights was its Street stalls. naghten did his best to rally Other units containing the Vice President, the influen- The Comforts Fund had its his retreating troops. He was usual proportion of solici- tial and politically committed head office at 113 Pitt Street, shot in the chest, but went on. tors arrived to replace the solicitor, Edward Percy Simp- next door to the Red Cross Then he was shot in the throat. fallen. Captain John Malbon son of Minter Simpson & Co.