GILES, Alfred

Family Name:

Giles

Given Names:

Alfred

Gender:

Male

Birth-Date:

Circa 1875

Death-Date:

Unknown

Marital Status:

Married

Age Range:

Circa 40 years old

Location:

NSW, Broken Hill

Occupation:

Journeyman Butcher

Primary Motivation:

Conscientious objector, opposition to conscription, socialist

Reason for Court Appearance:

[1] Failure to ensure his son’s (Alfred (Frank) ) registration for military training

[2] Fine not paid

[3] Appeal against fine and the prison sentence

[4] Appel referred to the full court

Court Name and Location:

[1] Magistrates Court, Glebe

[2] Magistrates Court, Glebe

[3] Supreme Court, New South Wales

[4] Supreme Court (Full Court), New South Wales

Court Hearing Date:

[1] 12 April 1912

[2] 12 April 1912

[3] 10 May 1912

[4] 22 May 1912

Court Outcome:

[1] Convicted and fined £100 in lieu 3 months imprisonment

[2] Imprisoned for 3 months, released 16 April 1912

[3] Case referred to full court

[4] Maximum fine reduced to £10

Military Event:

Boy Conscription 1911-1929

Further Information:

Alfred Giles was a journeyman butcher with a co-operative butchery at Broken Hill in New South Wales. He was a socialist. He was married with at least one son, Alfred Francis (Frank). Frank was of age for military conscription under the Defence Act (DA). Alfred s was one of the first two prosecutions of parents who failed to ensure that their son registered for compulsory military training under the DA.

As early as 10 September 1911, Alfred seconded a motion of a special general meeting of the Amalgamated Miners Association (AMA) at Broken Hill. The motion condemned the Defence Act and spoke in terms of ‘officiating flunkeys’, ‘politically propped military scheme’ and ‘mad frenzied Australian jingoism’. It called upon, All unionists who are fathers of conscripts to counteract the damming influence of military officers by inculcating the spirit, of independence, and proletarian principles in their sons, so that they will also instinctively know where their class interests lie…

He was summonsed to the Magistrates Court at Glebe, New South Wales before magistrate CF Butler. The magistrate informed Alfred that he was not here to debate the legality or otherwise of the DA, but rather to administer the law. He claimed this meant a fine for boys of £5 for failing to drill and £100 for a parent not ensuring they registered or attended the mandatory medical exam. The prosecution alleged that Alfred prevented/ did not ensure his son attended the medical on 10 March 1912. Alfred was convicted and fined £100. His legal counsel asked that 21 days grace be given to pay the fine. The magistrate refused and said, I don’t see why I should do that. The law clearly states that these boys shall attend drill, but this defendant takes the law unto himself. I wont allow any time. Alfred was immediately sentenced him to 3 months imprisonment.

On Sunday 14 April at a meeting of the Australia Socialist Party a resolution was passed which read, That this meeting of the Broken Hill branch of the Australian Socialist Party, and other workers, denounces the sentence passed on Mr. Alfred Giles as a crime and an outrage against the working-class interest, and demands his immediate release…That this meeting further pledges itself to fight militarism in all its phases, and advises working-class parents to follow the splendid example of Alf Giles…That this meeting regards with indignation the refusal of the magistrate , Mr. Butler , to give any time whatever for the payment of the fine.

The government released Alfred on the 16 April 1912 after the AMA secured that release. A telegram was sent to the Attorney General which was passed on to the Minister for Defence. This allowed him appeal to the Supreme Court of New South Wales. Bail was fixed at £110. It was paid. The appeal was heard on 10 May 22 May 1912 before Chief Justice Sly. The case was then sent to the full court. The court did not agree with the arguments put on behalf of Alfred imposed by the magistrate to £10 suggesting the magistrate erred by imposing the maximum penalty for Alfred’s offence. It was sent back to the magistrate for adjustment. The conviction would still stand.

When his son Frank was released from prison on 12 September 1912, he was met by a guard of honour formed by the Barrier miners, of whom his father, Alfred Giles, was one. The guard of honour presented Frank with a gold medal commemorating his bravery.

A new regulation was passed by Parliament on 21 June 1913. It allowed an Area Officer to register a boy for military training without parental approval.

Confirmatory Sources:

John Barrett, Australians and “Boy Conscription’ 1911-1915: Falling In, Hale and Iremonger, Sydney, 1979, pp. 171, 173,176, 199 and 254.

Bobbie Oliver, Peacemongers: Conscientious objectors to military service in Australia 1911-1945, Fremantle Arts Centre Press1997, pp. 24 and 27.

Internationalist Socialist, 16 September 1911, p.3.

Barrier Miner 12 April 1912, p.4; 13 April 1912, p.6; 11 May 1912, p.4; 5 June 1912, p.4; 18 September 1912, p.5.

Sydney Morning Herald, 15 April 1912, p.12; 11 May 912, p.8.

Evening Journal, 16 April 1912, p.1.

Brisbane Courier, 16 April 1912, p.8.

Leader, 17 April 1912, p.4.