Tschirpig Family
in South Australia
by Brian Vogt

The article below is from The Advertiser, Friday 21 November 1919, Page 7 (http://trove.nla.gov.au/ndp/del/article/5644333).
Note: "Tschirpig" and "K. W. Tschirpig" mentioned below are references to my grandfather, Carl Wilhelm Traugott Tschirpig.  I think he was honest in his statement that he wouldn't have accompanied Karl Lude to the police station if he'd known about the loaded revolver.  The 2 men were married to Milich sisters – Traugott Tschirpig to Anna, Karl Lude to Hulda.


THE LOXTON ENQUIRY
SENSATIONAL EVIDENCE.
A MILITARY PARADE OF GERMANS.
"LOXTON WOULD BE AT THEIR MERCY."

Loxton, November 20.

Remarkable statements were made at the institute here today in connection with the Royal Commission which opened its proceedings.  Much interest was taken and a number of residents attended.  Captain Blackburn, M.P., appeared in support of the allegations made, Mr. S. H. Fleming represented the district council, and Mr. H. Yelland the "Mail."

The commission presented to Mr. T. Hewitson, S.M., set out that he was to "enquire and report upon allegations of disloyalty which have been made against persons of German or other enemy nationality, origin, or descent in the district of Loxton relating to the following acts, or alleged acts, namely:– (a) Military parade in Loxton shortly after the commencement of the recent war, and police and military action thereon; (b) acts of violence and threat or intimidation against a police officer stationed at Loxton and elsewhere in the neighborhood, or against other persons resident in Loxton or in the neighborhood; (c) the carrying of firearms during the recent war; and (d) the toasting or celebrating the sinking of the steamer Lusitania, or relating to other acts, matters, or things of a similar nature, and to enquire into and report upon facts and figures relating to the recruiting or internment of residents of the said district in connection with the recent war, and other matters, as to residents of the district relative to or connected with the recent war."

Constable Richard Lenthall said a parade of persons of German origin took place at Loxton on October 10, 1914.  There were 45 men marching down the main street.  One man was giving orders in German.  The men were in military formation.  He noticed them first at the post office.  They went down as far as the hotel.  When they left the licensed house they attempted to re-form, but he warned them about their behaviour.  They walked to the butcher's shop and tried to form up in fours.  He thought things were becoming serious and expected to take action.  He then had no power against enemy subjects, except under the Police Act.  On October 27, 1914, he was sitting at the office of the police-station, when Tschirpig and Carl Wilhelm Lude came in.  Lude was a local butcher and had previously applied for naturalisation papers.  He went up to the table, threw down papers, and used offensive language.  He said:– "You will never go out of here again.  I will have your blood."  Lude then put his hand in his coat pocket.  He was talking German and English at various times.  The lamp was extinguished, but the witness drew a revolver and covered Lude.  He found a loaded five chambered revolver in Lude's pocket.  Lude was taken to Adelaide and interned.  The witness and Constable Smith subsequently arrested Frederick Bernhart Walther, who had a six-chambered revolver and a sheath knife in his possession.  The police officers visited Pungonda, about 20 miles from Loxton.  They searched some German tents and took possession of firearms.  Most of the firearms seized were sent to Adelaide.

The witness said he was continually receiving threatening letters.  He was told he had not many hours to live.  All the communications were anonymous.  Recruiting Sergeant Cavanagh received so many threatening letters that he purchased a revolver.  The witness' wife also got filthy letters, which came from more than one person.  He heard that the sinking of the Lusitania was toasted in a blacksmith's shop, but he did not see anyone do so.  The shop was run by Rohre.  He remembered receiving information in regard to the toasting of Lord Kitchener's death at the same shop.  On that occasion six persons were there, and they appeared to be drinking to one object.  The total number of Britishers who enlisted in the district was 174, and the total number of Germans 21.  He could not reveal the names of his informants, as he had received instructions from the military authorities that they were to be protected under the War Precautions Act.

Sergeant Alexander Smith said he was stationed at Loxton at the outbreak of the war.  He enlisted in 1916.  He saw the parade of Germans in the main street.  They were all ultimately arrested and interned.  He considered the town was very unsafe for a policeman at that time.  The German language was spoken frequently, and when German victories occurred there was much jubilation.

Cyril James Stephen Kempster said he was a recruiting sergeant stationed at Loxton from February until May, 1916.  When he returned from the war he was lame, and had to use a stick.  The male population of the district were not in favor of recruiting.  The Germans would not fill in the census cards.  One said on his card he could not go to the war because he was suffering from headaches.  Another wanted a war of violet powder.  A third, in reply to a question whether he had any dependents, said he had a girl who required sweets.  (Laughter.)  A noted German athlete described himself as blind.  One man said, "Why worry? We have our farms now.  Whatever side wins we still remain where we are."  The sympathy of the people he interviewed was with Germany.  Roehr, a local tradesman, remarked, "Should Germany win, we have enough men in the Civil service and the police to take charge of this country."  The witness erected a flagstaff in the town, and hoisted a Union Jack.  Fiegert said, "Pull the thing down; it is the first Union Jack I have seen for four years."  Drabsch, the chairman of the recruiting committee and Eime, the secretary, would not get a conveyance for the witness to visit various parts, although he was lame.  Drabsch said, "Let the damned military supply your conveyance."  Eime told him that if anything happened they would cut off communication with Renmark, and Loxton would be at their mercy.

Helen M. A. Schick, married woman, said she attended in response to a subpoena.  She was present at the police-station when Lude and Lenthall were talking.  She thought Lude meant to do the constable harm.

Alfred Gibbs, agent, of Loxton, said J. A. Seidel called at his office during the last few days.  He was his landlord.  He stated he had been informed that if a certain agent gave evidence before the Commission he would be boycotted in the district.  The witness took it that he was meant, and it looked very suspicious.

The Commissioner said it was a penal offence under the Act to threaten anybody in these circumstances, and if anything in the shape of boycotting or victimisation were proved against any person criminal proceedings would be taken.

The witness described the military parade down the main street.

Constable Lenthall (recalled) produced a letter from the military authorities directing him not to reveal the names of informants.

Mr. Blackburn said that was the extent of their available evidence that day.  Other people would have to be subpoenaed.

In reply to the Commissioner, K. W. Tschirpig, a farmer, of Moorook, came forward and admitted having written a letter to Mr. Hewitson, but said he would rather go to Adelaide to give evidence when he could be represented by counsel.

H. T. Eime also wrote, complaining that he had been interned.

A. W. R. Drabsch, who admitted he had been interned, said some charge involving his name had been made that day, but later on, when represented by counsel, he would gladly give evidence.

The Commission was adjourned to Adelaide till a day to be fixed.



The article below is from page 8 of The Argus (Melbourne), also on Friday 21 November 1919
(http://trove.nla.gov.au/ndp/del/article/4650945).
The following day, a similar article appeared on pages 2-3 of The Mail (http://trove.nla.gov.au/ndp/del/article/63766363).

ALLEGATIONS OF DISLOYALTY
INQUIRY IN SOUTH AUSTRALIA.
War-Time Happenings.
ADELAIDE, Thursday.–Mr Hewitson, S.M., who was appointed under a Royal Commission to inquire into incidents of disloyalty which are alleged to have occurred at Loxton, on the River Murray, where there is a large German-Australian population, began the taking of evidence there to-day.  Captain Blackburn, V.C., M.P., who made allegations at a loyalist meeting in Adelaide in September, watched the proceedings on his own behalf, and Major Hardie appeared for the military.

Mounted-constable Lenthal, of Loxton, where he had been stationed throughout the war, gave evidence that on Saturday, October 10, 1914, a parade of persons of German origin was held at Loxton.  He saw 25 men marching down the main street.  One man was walking on the side of the road giving orders in German.  They were marching in column of fours and doing the goose-step.  The men marched to the Loxton hotel, where they stayed until closing time.  Then they attempted to form into column.  Witness warned them regarding their behaviour.  One man was very drunk, and witness and another constable arrested him.  At that time witness had no power to deal with enemy subjects.  As the result of the parade witness thought things were becoming serious.  On Tuesday, October 27, 1914, witness was sitting in the office at the police station at about 8 pm.  A man residing at Moorook, named Carl Wilhelm Trougot Tschirpig, entered and beckoned to someone behind him to come in.  Carl Wilhelm Lude then entered the office and stood by the table.  Lude was an unnaturalised German.  He threw a parole paper on the table, made a filthy remark, and added "You will never get out of here again; I'll have your blood."  Lude, who was very wrathful, put his hand in his coat pocket.  As he did that the lamp in the office went out.  Witness took a revolver from a drawer, seized Lude, and covered him with the revolver.  Lude said, "I have nothing in my pocket."  Witness searched him, and found in his pocket a five-chambered revolver fully loaded.  Turning to Tschirpig, witness said: this is what you came to witness, is it?"  Lude was arrested, and was eventually interned.  On November 4, 1914, witness received a warning that a man had sharpened a knife on a grindstone, and had threatened to kill witness.  The man's name was Walther.  When arrested he had in his possession a six-chambered revolver, fully loaded, and a knife which had been sharpened on both sides.  Walther was sent to Adelaide.  On November 11, 1914, witness was informed that there were a number of Germans with firearms on the pipe track at Pungonda about 20 miles from Loxton.  Accompanied by Constable Smith, he went to the place and searched the tents of the men.  He found three guns, and arrested the owners of the weapons.  On a number of other occasions he had found firearms in the possession of Germans.  He had continually received threatening letters, but he had destroyed them.  They contained threats on his life.  Continuing, witness said his wife received threatening letters, couched in filthy and blasphemous terms.  Local residents had complained to him that they had been threatened with fires.  Soon after the arrest of Lude he received information that the sinking of the Lusitania was being celebrated at Roehr's blacksmith's shop at Loxton, and he saw a number of persons there drinking beer and talking in German.  Later he was told that the death of Lord Kitchener had been toasted at Roehr's blacksmith's shop, and again he saw a number of people there who were drinking and were very jovial.  When he appeared they dispersed.  The male population of the district in 1915-16 was 1,367.  There were 748 Germans or persons of German descent of military agc, and there were 195 enlistments, of whom 21 were of the German element.  The number of persons interned was 103, and eight had been convicted under the War Precautions Act.

Sergeant Alexander Smith who was stationed at Loxton as constable during the first two years of the war, said that when the news came throngh of a German victory it was noticeable that the Germans assembled and that there was much jubilation and drinking.  He remembered various people who were afterwards interned saying, "The police have no power here.  We are all Germans."

Recruiting-sergeant Kempster said in evidence that several Germans refused to fill in war census returns.  Others gave frivolous answers, such as "Suffering fiom headaches," "I want a war of violet powder," and "I have a girl dependent on me who requires sweets."  An athlete named Drabsch had replied in a return that he was blind.  Drabsch had played football for North Adelaide this year.  Witness interviewed 120 Germans and only six of them enlisted.  One man when asked to enlist said, "Why worry? We have our farms now, and whatever side wins we remain where we are."



The final stage of the enquiry was reported on page 2 of The Mail on Saturday 24 January 1920
(http://trove.nla.gov.au/ndp/del/article/63847328).

LOXTON'S DEFENCE
ENQUIRY DRAWING TO CLOSE
SECOND MILITARY PARADE
LONG ARRAY OF WITNESSES
Interest in the Loxton Commission considerably developed as the enquiry proceeded, and when the sittings were resumed in the river township on Thursday there was a very large attendance of people from all parts of the district.  Indeed, every part of the Loxton Institute Hall, where the proceedings were conducted, was occupied, and many spectators had to be content with standing room.
Mr. T. Hewitson, S.M., presided.  Capt. A. S. Blackburn, V.C., M.P., defended the allegations, Mr. H. Yelland appeared for the “Mail,” Mr. S. W. Jeffries with Lieut. S. F. Rowell represented the Defence Department, and Mr. H. G. Alderman with Mr. S. H. Fleming acted on behalf of the Loxton District Council and Mr. A. W. R. Drabsch.

Another Drilling.

Three new witnesses were called in support of the allegations, and the greater part of the day was taken by Mr. Alderman in the cross examination of witnesses who had previously been before the Commission.
Oswald Polkinghorne, storekeeper, of Paruna, was the first witness called on Thursday.  He testified to another drilling parade at Loxton, which he said occurred during the first month after the declaration of war.  He saw twelve Germans drilling in formation of fours, and Max Fritz was directing them.  The orders were given in German.  Witness was a member of the second Loxton Recruiting Committee.  He remembered Sgt. Cavanagh receiving a letter which contained threats that if he did not leave the town within a given date he would be done away with.
To Mr. Yelland– The toasting of the sinking of the Lusitania was commonly spoken of, and he was told that it happened in Roehr’s blacksmith shop.  Witness’ premises were 20 yards from Roehr’s shop, which was undoubtedly a gathering place for Germans.
To the Commissioner– Witness saw the parade on and off for three hours.  The men were not drunk.

A Gun Incident.
John George Folland Day, farmer, of Bookpurnong, said that on one occasion when close to Tschirpig's shop he heard a noise of rifles bumping on the floor.  He looked in and saw Ben Tschirpig and a young Drabsch.  Three other Germans were present, and the party were examining the lock of a rifle.  As witness was walking away Drabsch said – “It is all right. We are only getting ready for you.” Witness heard Eime say on at least two occasions, “Young fellows are fools to enlist.”

Threat to Shoot Recruiting Officer.
The next witness was Joseph Wells Tayler, stationmaster at Loxton.  He stated that the letter received by Sgt. Cavanagh warning him that if he did not get out of the town he would be shot was referred to the Secretary of the State Recruiting Committee (Mr. V. H Ryan), but his reply was that he could do nothing.  Witness made it a practice after Sgt. Cavanagh received that letter to walk with him, from the Courthouse to his boarding house, and witness borrowed a revolver.  He remembered residents assembling at the station to say good-bye to military prisoners on the train.
Cross-examined by Mr. Alderman, witness said there was an undercurrent every time the recruiting committee approached a man, and a reluctance to answer any questions relating to enlistment.

A Disgusting Letter.
Constable Lenthall was again recalled.  He produced a threatening letter which had been sent to his wife.  It was couched in most insulting and disgustingly obscene terms, and the Commissioner directed that its contents were not to be published.
Questioned by Mr. Yelland in respect to one sentence in the letter, Constable Lenthall said he regarded it as a serious threat on his life.  Concerning the man Hammond, who it was stated in evidence had conversed in German with justices at the Loxton Police Court, the witness said he was known to the police as Pierson, but afterwards gave his name as Hammann.  He was not a recent arrival from Germany, but was naturalised in 1913.  He could speak English clearly, and had been in the Loxton district five or six months.
Under cross-examination by Mr. Alderman, the witness detailed at considerable length his various extraordinary experiences at Loxton during the period of war, particulars of which have already been published.
After Mrs. Schick and Albert Gibbs (recalled) had been also cross-examined Mr. Alderman intimated that he would call witnesses on the following day.

A Farmer's Testimony.
Upon the resumption of the enquiry on Friday morning there was another large gathering at the proceedings.  Edward George Lowe, farmer, of Paruna, corroborated the evidence given by Mr. Gibbs concerning the statement of a farmer in the district who said “all soldiers are bastards, and when they come back from the war we will have to keep the ––– bastards.”

Tschirpig in the Box.
Friday was the first occasion since the progress of the enquiry that witnesses were called by the Loxton side.
The first person called on its behalf was Carl Wilhelm Traugott Tschirpig, farmer, of Moorook.  The witness said he went to the police station with Carl Lude.  Witness said to Constable Lenthall, “I have come up with Carl.  He wants to report himself.”  Lenthall said to Lude, “Are you armed?”  Lude replied, “Here I am.”  Lenthall went to him and took a revolver out of his righthand pocket.  Witness did not know the revolver was in Lude’s pocket, otherwise he would not have gone a yard with him.  Lenthall said, “I am the man to carry a firearm; not you.”  Lenthall then asked what Lude had brought up the revolver for, and the latter explained that he had been after wild cattle that day and that he had to have a revolver.  Lude and Lenthall had an argument about a naturalisation paper.  Lude said, “I gave you a leg of mutton and a ham for fixing it up, and you did not do it.”  Lenthall replied, “You did not give it to me.  You gave it to my wife.”
Witness denied having said to Lenthall that he came to the police station with Lude as a witness.  He did not hear Lude say, “I will have your blood,” nor did the light blow out while witness was there.  On March 27, 1915, witness saw Lenthall in a car driving through witness’ property.  Witness had a lot of cattle which just came in a week previously.  Lenthall left the gate open and witness went to close it.  Witness closed the second and third gates and then rode down and closed the first one.  The wires composing the gates were fastened on a post on one side and on the other to a stick.  Witness never put a single wire across the track after Lenthall passed.  There were two wires, and witness fastened both.  He had no intention of causing injury to Lenthail.

Three Cheers for England.
Adolph Wilhelm Robert Drabsch, of Loxton, said he was interned on June 29, 1916.  When war broke out he was chairman of the local district council and of the hospital, the institute, and the Vermin Board.  Messrs. Laffer, Medlyn, Lowe, and witness put up a flagstaff at the institute on August 4, 1914.  Witness got the flag, which was the property of the institute.  They hoisted it and gave three cheers.  It was kept flying until he left, and was never taken down to his knowledge.  Witness never refused to supply Recruiting-Sgt. Kempster with a conveyance to go about the district, nor did Kempster ask about a dozen times for a conveyance.
Witness denied having stated, “Let the damn military pay.”  The matter of the cost of conveyances came up at one of the meetings.  Kempster was told they had no funds except for clerical purposes.  One of the members of the committee suggested that a council fund be given.  Witness replied that the council fund could not be used for that purpose without the sanction of the council, and that he would put it before the council at the next meeting.  Two days afterwards witness went to Adelaide and interviewed Mr. V. H. Ryan, who said they were now expecting the local bodies to find the money for conveyances.  Witness reported that to the recruiting committee, and shortly afterwards it was disbanded.  No reason was given.  The committee met twice and sometimes three times a week until it was disbanded.  Witness declared that he had never done anything disloyal during the war.  He did not remember any particular instance where German was used in any court while he was on the Bench, but it might have been used in the interests of justice.

Mr. Mayfield's Evidence.
Royden Frederick Mayfield (chairman of the Loxton District Council) tendered evidence that the district had raised its quota in the Seventh War Loan and in the Peace Loan.  The district got two bars in connection with the Seventh War Loan.  The German residents contributed as readily as the others.  He canvassed with Mr. Hilbig, and was chairman of the Peace Loan Committee.  The results for all the patriotic funds were very satisfactory.
To Capt. Blackburn– I have never heard any persons of German descent express any disloyal sentiments. 1 did not see any military parades.
Mr. Yelland– As chairman of the Loxton Council I suppose you are anxious to see that no unwarranted reflection is made on the loyalty of the district? – Yes.
Was that what prompted you to write a letter on July 12, 1919, to the Editor of the “Mail” complaining albout an article which referred to doings at Loxton?– Yes.
In that letter you stated, “Ignorant orators and press agents, filled with a craving for notoriety which would bring them into the limelight, endeavoured at all times to misconstrue and exaggerate reports of doings in this locality?”  Can you give the names of some of these “ignorant orators”? – I can't remember them all.
I am not asking you to remember them all.  Give me the names of some of them. – It's years ago now.
Surely you can recall at least one instance? – The Hon. John Verran said the Loxton District Council was composed wholly of Germans.  That was an instance of the district being libelled.
Of your own knowledge do vou swear he said that? – I was told that by Mr. O’Connor, a member for this district.
Who were the other “ignorant orators”? – I cannot give another definite instance, but I know it was generally spoken of.
Then you were merely told these things? – Yes.
Can you enlighten the Commission, then, with the names of these “ignorant press agents?” – I cannot give an instance of a press agent who slandered the district.  I remember having read disrespectful references to Loxton in the papers.
What newspapers were they? – I cannot say what papers they were.

A Strange Impression.
In your letter of protest it is also stated, “The wording of those paragraphs gives one the impression that all Australians of Teutonic ancestry are as guilty and as blameworthy as the Germans themselves.”  How do you get such an impression from the wording of the paragraph headed “Treason at Loxton,” to which you take exception:– “Among the many acts of treason known officially is that of a party of about 20 Germans who openly drilled in a public street of Loxton and impudently gave the word of command in their own tongue.  These gallant country crusaders evidently cherished the hour, which they hoped was soon to dawn, when they would be able to show the loyal Britons among whom they had worked what it meant to come under the iron heel of the Kaiser.  There was a plucky Australian police officer in that district, however, who put an end to this insulting affront to tbe loyal residents.”
The Commissioner – I don't know where this will take us.
Mr. Yelland – I want to lead up from the reckless tone of this witness’ letter to a fair invitation from the “Mail” of which the man who affected such a concern for the fair name of Loxton failed to avail himself.
The witness read the article in question and reasserted his opinion concerning the impression he considered it created.  In answer to other questions witness said he remembered having received the following letter from the “Mail”:– “We have given every consideration to your letter of the 12th instant, but regret we are unable to publish it in its present form, as it does not deal with the article printed in the “Mail” of July 5.  No attempt is made to deny the facts we stated, nor does it take notice of the special mention in the article of the ‘insulting affront to the loyal residents.’  Instead of casting a stigma on the town the “Mail” article indicated that the loyal people of Loxton strongly resent Hunnism.  The ‘irresponsible utterances’ you refer to must mean remarks other than those appearing in the ‘Mail,’ as our information was secured from official sources.  May we express the opinion that at the time the drilling took place it would have been advantageous had a special meeting been called at which loyal residents could have expressed resentment and made it clear to the enemy that Loxton would not stand for Germanism?  We will be glad to assist your town in any way we can.  If you care to compile a summary of the district's war efforts we will give it prominence.”
Mr. Yelland (to Mr. Mayfield)– Why did you fail to take advantage of that offer? – I sent a reply to that letter.
The following reply from Mr. Mayfield, then put in by Mr. Yelland as an exhibit, read:– “Your letter to me only adds insult to injury.  Your paper has seen fit to cast reflections upon my district and its residents, and now refuses to publish our defence.  Common decency demands that space be given the accused as well as the accuser.  I resent your right to dictate the nature of my council's answer to your statements.  In view of your continued refusal I shall, on behalf of my district, find other means to ventilate our defence.”
Mr. Yelland– In view of the offer made by the “Mail,” do you still persist in saying that it refused to publish your defence?”
The Commissioner– now that the letters are in there is no need to carry the cross-examination on this matter further.

A Disloyal Matter.
In answer to other questions, Mr. Mayfield said he was secretary of the Taplan Institute.  He remembered an application being made for the holding of Lutheran services there.  That was some time during the last year.  He would be surprised to know it was during the war.  He approved of the request because he thought it reasonable and because of the old people who had been accustomed to speak German, but the request was not granted because the committee considered it a disloyal matter.  The Loxton Council had a little bit of bother in connection with the Peace Loan, and had a lot of trouble with some of the Germans over the article which appeared in the “Mail.”  They said, “If we subscribe to the thing we are disloyal and if we don’t we are disloyal.”  Sgt. Whittick was here for the Peace Loan as an organiser.  Witness told the Central Peace Loan Committee that they had given the secretaryship of the local committee to a returned soldier.  The district council secretary was not instructed not to take an active part in connection with the Peace Loan.

Statements Denied.
Keith Wallace, Cr. Edward Smith, Paul Richard Roehr, Oskar Bernhard Ziersch, John Angus (clerk to the Loxton Council), Gerald William Beverley, Ernest Edward Milburn, and Constable Lenthall (recalled) also tendered evidence.  Cr. Smith said he was clear that he mentioned to Mr. Gibbs that the man who had spoken to him about the “soldier bastards” was of British descent.  Roehr denied certain statements attributed to him by Sgt. Kempser [sic], and said he had never stated to Kempster that (referring to Lenthall) “We will get him yet.”  Ziersch swore that he had never remarked, “What is this war to us?” or that he had no intentions of enlisting.  Constable Lenthall refuted the statement that he or Mrs. Lenthall had received a gift of meat from Lude.
The sittings of the Commission were then formally closed for the taking of evidence, but Sgt. Kempster will be given an opportunity to answer certain statements concerning the discharge of his duties as a recruiting officer made by some of the witnesses on Friday.  The Commission was adjourned to tbe Adelaide Local Court on Tuesday, when addresses will be delivered and the proceedings concluded.


Commissioner T. Hewitson, S.M., took several weeks to prepare his report.  On Saturday 17 April 1920, The Mail published its summary in a lengthy article on page 8 (http://trove.nla.gov.au/ndp/del/article/63850470).  The whole article is too large to insert here, but the following snippets are relevant.
Lude’s murderous threat to Constable Lenthall.
Proved– “I find that on October 27, 1914, Karl Wilhelm Lude said, ‘I have to report to-night to Constable Lenthall, and I am going to shoot him.’  The evidence does not show that Tschirpig was a party to any unlawful intent on Lude's part.”

TSCHIRPIG'S PART.
“It was stated that Tschirpig was a party to the alleged design to shoot Lenthall.  The latter's evidence, which on these particulars I accept as the more reliable, shows that Tschirpig entered the office first, and said, ‘I have come as a witness,’ and in reply to the question ‘What for?’ said, ‘You will see in a minute,’ and beckoned to Lude, who followed him in.  Lenthall deposed that be had known Tschirpig as a decent fellow since 1910, that Tschirpig appeared friendly and was sober, and that after Lude's arrest he walked away.  There is no evidence that he was armed or was searched for weapons or that he knew Lude was armed.  Except that he struck a match at the constable’s request there is nothing in the officer’s testimony to indicate that either in word or act he took any part further than described.
“Tschirpig's description of the principal occurrence in the office is in direct conflict not only with the other evidence, but in important particulars with itself and with probability.  When he swears ‘Neither Lude nor Lenthall appeared angry; it was a friendly arrest,’ and then immediately admits ‘I did not feel comfortable.  They were talking loudly.  It might have led to something worse.  They were excited,’ I conclude that where he directly contradicts the other evidence in defiance of reasonable probabilities he has forgotten or is either inventing or perverting the facts.  But even if he were perjured as to many important circumstances that does not involve the worst conclusion as to his motives in accompanying Lude if his professed intention is more consistent with his subsequent behaviour than the criminal purpose alleged.  Unless he were rabidly disaffected to a degree impairing his sanity, I cannot account for him going apparently in friendly mood and unarmed to Lenthall, quietly announcing in effect:– ‘I have come to witness your murder and then standing passively by while his principal was disarmed and arrested.  I find that the evidence does not establish that Tschirpig was a party to any unlawful intent on Lude’s part.”

THE WIRE INCIDENT.
Dealing with the alleged wire trap on Tschirpig’s property, the Commissioner says he has no doubt that Lenthall found a single wire stretched across the track and proceeds:–
“Two motives are suggested as operating on Tschirpig's mind severally or in combination.  Resentment at the ignominious handling of his brother-in-law Lude, and the hostility of a German sympathiser against an officer who was actively engaged in locating and interning those for whom Tschirpig had a fellow feeling.  The arrest of Lude took place six months before, and in the interval there is no evidence of any word or act by Tschirpig indicating resentment, anger, or unfriendliness to Lenthall.  The unexpected opportunity, ‘the means to do ill deeds,’ may have proved an irresistable temptation, but the impulse even on sudden temptation to satisfy resentment by imperilling the life or limbs not only of its victim but of his unoffending companion, could only have its birth either in a disordered brain or in a callous, brutal, and criminal instinct.
“Two circumstances as to which I accept the evidence of Lenthall as against the denials of Tschirpig add force to the suspicion which the circumstances prove.  One is the butcher’s cart referred to.  The other, that subsequently when accused by Lenthall of what is now charged Tschirpig refused to listen.  His refusal to listen is possibly explainable because the accusation was accompanied by something like a challenge, but Tschirpig denies that the charge was made at all.  He might have forgotten that he was in his cart when he saw Lenthall pass, but he can hardly have forgotten the later incident, and his credibility on more vital points is correspondingly impaired.  If my duty were confined to deciding this as a civil issue I would find a slight balance of probability in favour of the allegation that the wire was deliberately placed where it was found.  Deciding it as a criminal issue I am bound to find that allegation not proved.”
Could anything be more utterly farcical?  If such be the law, then assuredly it is even a bigger ass than Bumble described it.  But nothing so transparently absurd would be regarded as the law even by people possessing only a rudimentary knowledge of it.  This Gilbertian gem could only be excelled by the Commissioner prophesying what his finding might have been if the matter had to be decided in the Div### ##### [illegible]
There was no need, however, for Mr. Hewitson to descant on what he would have done in other circumstances.  He must have known that his commission was a civil tribunal which clothed him with authority to find on the facts before him, and his disinclination fearlessly to arrive at a decision one way or another is a fact, like others in the report, that must be “left to interpret itself.”

For the rest of it, you'll need to visit the National Library of Australia web page mentioned above.  You can zoom in, which might make it easier to read.


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