Court Martial of Joseph William Mayersbeth - Page 26


  16.
  the accused. We talked for a few minutes & then
came outside. Mr Dyke went away & Mr Anderson & I
went away to bed. From the time we entered the
mess billet to leaving it was about 10 to 15 minutes.

I was awakened at 10.55 pm by the accused
coming to bed. He sleeps in the same hut with me.

The accused was sober. I had no suspicion at
all that he was under the influence of liquor. At
10.55pm when he came in he appeared to be
very excited.

XX Cross examined by persecutor:-

I saw no one have any drinks that night. Not
even at dinner. I have known accused for
6 weeks - but met him on 2 occasions before
in Egypt & Australia. When accused came
to bed he stated there had been a row & a man
had been taken to the guard tent. The accused said
something about a struggle.

By the court:

The light was sufficiently good in the room for me to
recognise the accused, but I could not see his features
much. I did not sit down - I spoke with the accused
for a little. There was no no light in the room at all -
but at 10 pm it is not very dark. To say whether
a man is drunk or not at any time is a difficult
question. To the best of my belief from what I could
see I say that accused did nothing to show me
he was drunk. There was nothing in his
demeanour or actions to show me that he was
drunk. In my opinion accused was sober.
This was at 10 pm.

At 10.55 pm I saw that accused's condition was not


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