Background
James McNicol was hanged in December 1945 in what must have appeared at the time, especially to the authorities, to be an “open and shut” case. Nobody including James disputed the basic facts of the killing and at no time did he try to deny responsibility for his actions.
Like so many cases it would have quickly faded from the memory and into history but for the efforts of his niece, Elaine Merrilees, who became fascinated by the fate of her uncle. The more she discovered the more she came to the conclusion that James was really only guilty of manslaughter rather than murder.
Elaine asked me to help write and publish this article so that the case might become more widely known and also to give a personal insight into how the crime and execution affected her family. The details of the case are taken from the official papers obtained from the Public Records Office in early 2001 and are set out below. Where quotation marks are used in my part of the article, they contain the words given in statements or evidence and are not merely my interpretation of what people might have said.
Elaine’s summation of the effects on the family is to be found at the end.
Early Days and Military Service
James was born in Motherwell in Scotland in 1918. He was a child of a typical working class family who grew up like so many of his contemporaries with a life first blighted by the poverty of the Depression in the 1930’s and then by the Second World War which started when he was only 21.
James joined up right at the beginning, in July 1939, and served with some distinction in the Royal Artillery. He was quickly promoted and reached the rank of sergeant by August 1944.
He fought for his King and Country in Africa and the Middle East and while in Africa he contracted malaria for which he was prescribed quinine – one of the standard medications at the time for this disease.
He was a normal young man who had a girlfriend, called Alice, with whom he corresponded regularly. He was known to have something of a temper and got into trouble with the police after a slight altercation with Alice’s father who didn’t approve of their relationship when he tried to start seeing Alice again later in the war.
The Days Leading Up to the Crime
By early 1945, James was serving at a heavy anti-aircraft battery, called NAN1, at Thorpe Bay near Southend in Essex and shared a hut with fellow sergeants Leonard William Cox and Donald Alfred Richard Kirkaldie. He and 26 year old Don Kirkaldie became firm friends and it seems he got along well with Len Cox too.
During the summer of 1945, James had a brief relationship with Pte. Jean Neale and went out with her 4 times during the week prior to the murder. They had a slight tiff the night before the shooting when, according to Jean, James wanted to stay talking outside her hut and she didn’t. After this, she considered the “relationship” over.”
James spoke to her again the next night when she was with another girl at the bonfire celebrating VJ day and asked her if she was going to the dance later on. She replied that, “she didn’t know” and James left.
The Night of Thursday the 16th August 1945 – VJ Night Plus 1
(Taken from Sgt. Len Cox’s police statement of the tragic events of that night.)
After the Allies victory over Japan (VJ Day) the previous day, there were, not surprisingly, many parties and dances all over Britain and it was decided to hold a dance at Thorpe Bay camp on the following evening (16th August) with the permission of the Commanding Officer, Captain Edmund Roxby.
James had been drinking in a pub called the Halfway House during that afternoon and had in fact drank a very large amount of beer, perhaps as much as 14-16 pints altogether during the afternoon and evening.
On the afternoon of the 16th, James went with Sgt. Cox, another Sergeant, and two gunners to the Halfway House and they each consumed 5 pints of mild and bitter – presumably they each bought a round. They then clubbed together and gave James some money to purchase 6 quarts of beer (12 pints) and then made their way back to the camp around 10.00 p.m. They took the beer to the Sergeants Mess.
Sgt. Cox, according to his statement, then met up with Leading Aircraftsman (LAC) Jerald A McKay of the RAF and had a drink with him. Around 11.00 p.m., he and Jerry went into the NAAFI and met up with Pte. Jean Neale and another ATS girl. Jerry had a dance with Jean, while Sgt. Cox danced with her friend.
Some sort of altercation ensued between James and Jerry McKay, presumably over Jerry dancing with Jean. James had apparently thrown a glass of beer over him and there had been heated words. Sgt. Cox was told about this by Jean and came out of the NAAFI to see what was going on.
He and James had words and Sgt. Cox told James that, “if I wasn’t frightened of losing my chevrons (sergeant’s stripes) – I would do something about it.” Other men intervened and prevented an actual fight at this point. (see “Albert’s” recollections below). Sgt. Cox told the court that during the last dance, James spoke to him again and said that if Sgt. Cox still wanted to make something out of the incident he would see him outside.
Jerry and Sgt. Cox saw Jean and her friend back to her hut and Sgt. Cox went back to the sergeant’s sleeping hut. In the hut when Sgt. Cox arrived were fellow sergeants, Kirkaldie, Dixon and Thompson who were all in their beds. Sgt. Cox found that his bed had been overturned and his blankets strewn around.
Sgt. Cox told the court that after he and Sgt. Thompson had got his bed back up, James came into the hut (where he also slept) and that Sgt. Cox asked James if overturning his bed was his (James’) idea of a joke. According to Sgt. Cox, James said it was and asked Sgt. Cox what he was going to do about it. Again, Sgt. Cox wanted to fight and James suggested they use the boxing ring outside which Cox declined as it was “pitch dark out there.” James now left the sergeant’s hut and may have waited outside for Sgt. Cox.
Sgt. Cox now prepared to retire and got into bed and switched off the lights. He had only been in bed a minute or so when one Bombardier Abley came in and spoke to him, as a result of which he and Sgt. Kirkaldie got up and dressed again and went to Bombardier Abley’s hut.
They then went to the Sergeant’s Mess and found James who offered Len Cox a drink. Sgt. Cox told James he would see him in the morning. Cox and Kirkaldie then returned to their hut and Kirkaldie tied the door handle to the bedsteads with some rope. Kirkaldie made sure the door could not be opened (by James) and they turned off the lights and again went to bed.
A little later the occupants of the hut were woken by the sound of the door being rattled, followed by the sound of a window pane being broken. Sgt. Cox recalled seeing the light being switched on from outside and saw a hand withdrawing back through the broken window.
He then heard a shot and felt “something hit his chest”. He heard a second shot a few seconds later. He remained conscious and was given medical treatment for his injuries.
It is thought that the second shot was the one that fatally injured Sgt. Kirkaldie, striking him in the throat and passing right through his neck from one side to the other. According to the army Medical Officer who examined both sergeants at the scene, Sgt. Kirkaldie died instantly from this wound due to shock.
In his statement, Sgt. Cox agreed that he was normally on good terms with James as was Sgt. Kirkaldie and also stated that neither of them had a relationship with Jean Neale.
James’ version of the events differs slightly from Sgt. Cox’s. In his statement he told the police that he had some more beer when he got back to the dance and was upset to find Jean Neale dancing with another man. He followed Jean and Jerry into the dance and threw a pint of beer over Jerry.
Sgt. Cox intervened and told James that he didn’t like him and never had. Sgt. Cox tried to fight James but James wasn’t prepared to fight in the dancehall. James found Sgt. Cox later who, according to James, told him that if it wasn’t for only having another 3 weeks to do in the army, he would kill him (James).
James went into another hut to get some matches and noticed Bombardier Abley and Sgt. Cox and was called a “mad bastard” and was otherwise verbally abused. James again went off and sat on his own and had a smoke when Sgt’s. Cox and Kirkaldie came in and Sgt. Cox continued the barrage of verbal abuse.
James decided the best thing he could do was to have a “good hit at him” otherwise the others would think he was afraid of Sgt. Cox. He was also thinking about Sgt. Cox’s threat to kill him and expected to be beaten up by Sgt. Cox in the morning.
James wandered around for a while and found himself in the Command Post and saw the rifles. He took up one of them and made his way towards the camp. According to his statement, “I had no intentions of killing Cox but I wanted to wound him.”
He went back to the sergeant’s hut, broke the window and switched the light on. He tried to shoot Sgt. Cox in the leg. He fired another shot and then in a dazed state, knowing he had done something seriously wrong, ran away. At this stage, he was completely unaware that he had killed his best mate Sgt. Kirkaldie.
A little later he found himself in a field and decided to bury the rifle there. Unsure of what to do next he went to the Rochford gun site and went to bed. He fell asleep fully clothed and remained there until he was woken by the police later on that morning.
James offered no resistance when he was arrested and cooperated fully with the police giving an open truthful statement. When he was charged with murder, James told the police immediately where he had buried the army Lee Enfield rifle. It was found on August 23rd in a field behind the Coastguard Station at Thorpe Bay.
James had taken the rifle from the Command Post which begs the question whether the guns were adequately secured. The camp commander, Captain Roxby, had given verbal instructions to the site commanders, including Captain Owen who was in charge of NAN1, regarding the security of the rifle stores. As a result of these, the 45 rifles on the NAN1 camp were collected up and put into the armoury which was then locked.
However, this room was totally insecure and the means of entry to it was a widely known “secret.” James had had a clip of ammunition in his kit bag, for some time, although this was against the rules.
“Albert” – An Eyewitness to the Night’s Events
“Albert” was a fellow soldier at Thorpe Park with James and knew him well. Now an elderly gentleman, he was interviewed recently by Elaine and was willing and able to give her a clear insight into the events of the fateful night.
This is her transcript of the interview:
“For several weeks before the VJ Day celebrations James had been seen with a young local lass (Jean Neale) and he escorted her to the party that evening. James seemed happy to stand near the bar drinking and his young lady accepted a dance from a RAF Officer (who was a friend of sergeant Cox.) James threw a drink in the guy’s face and told him to back off as the girl was with him. At that point, Len Cox involved himself in the argument. To avoid trouble the airman left the dance but there was a notable atmosphere between James and Cox for the rest of the evening.”
“For almost 30 minutes I watched James trying to evade another confrontation with Cox, this was proving difficult so he decided to leave but just before James left I and others heard Len Cox say, “You had better let me have my sleep or I will come and do you in!”
Trial, Conviction and Execution
James McNicol was tried at the Essex Autumn Assizes held at Chelmsford before Mr. Justice Charles.
His defence argued lack of malice aforethought and intoxication, seeking a reduction to manslaughter. However, under the strict legal definitions of murder prevailing at the time, his actions were held to demonstrate intention to cause grievous bodily harm, which legally constituted malice aforethought. The jury found him guilty of murder, and he was sentenced to death.
Following the dismissal of his appeal and the refusal of the Home Secretary to grant a reprieve, 27-year-old Sgt. James McNicol was executed at Chelmsford Prison on Tuesday, the 11th of December 1945, by hangman Albert Pierrepoint, assisted by Herbert Morris.
Frequently Asked Questions
Who was Sgt. James McNicol?
Sgt. James McNicol was a 27-year-old Royal Artillery soldier from Motherwell, Scotland, who served in North Africa and the Middle East during World War II before being stationed at Thorpe Bay anti-aircraft battery in Essex.
Why was James McNicol’s case considered controversial?
While McNicol fired the rifle shots through the hut window, evidence suggested he acted in a drunken haze intending to wound Sgt. Cox following threats, with no desire to kill his friend Sgt. Donald Kirkaldie. Today, such circumstances would typically be considered manslaughter under the Homicide Act of 1957 rather than capital murder.
Where and when was Sgt. James McNicol executed?
He was hanged at Chelmsford Prison in Essex on 11 December 1945 by executioner Albert Pierrepoint.
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