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.
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.
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."
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.
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.
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.
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.”