Muir | Robert
Biography
Robert Muir (Service No. 3310763) died by being accidentally shot on 25 August, 1945. He was 32 years of age and was a Private in the 2nd Battalion of the Highland Light Infantry (City of Glasgow Regiment). He was initially buried at the Margraten Cemetery on 27 August 1945 and later re-interred in Grave IV.A.10 in the Overloon War Graves Cemetery on 1 May 1947. The inscription on his grave reads: “Years cannot darken nor shadows dim beautiful memories we have of him.”
No photo of Robert has yet been found. Should anyone reading this have a photo of him or further information regarding him – or if they are aware of any errors in his biography below can they please contact the Foundation?
Family background
Robert was the son of Walter Muir and Susan Todd Fernie who had married on 30/5/1899 in Govan, Glasgow.
Walter was born in late 1873 in Birkenhead, Cheshire, to William Muir and Margaret Muir (nee Affleck). William and Margaret had both been born in Scotland. Their first child, Margaret, was born in Partick, Lanarkshire in 1862 and their next, William, was born in Govan in 1866. By 1881, William and Margaret were back living in Govan at 137, Main Street with their three children. William was working as a Shipwright. Govan has a long history of ship building and as will be seen, the family had many links to it. By 1891, Walter (Snr) had died, and Margaret was living at 17, Albert Street, Govan with her sons, William and Walter. William was working as a Rigger while Walter was a Labourer in a shipyard – but was unemployed. It is thought that Walter may have spent a time in prison in 1891.
Susan Todd Fernie was born in 1876 in Govan. Her father, William Fernie, was born in Edinburgh in 1835 and her mother, Jessie Fernie (nee Reid) in Aberdeen in 1837. In 1881 William and Jessie were living at 6, Three Ell Road, Govan with six children (including Susan) born between 1867 and 1879 in Govan. William was working as a Ship Caulker. By 1891 William had died and Jessie was living at 82, Queen Street, Govan, now with eight children (including Susan), two more having been born between 1881 and 1885. A grandchild was also present. Susan and a sister were working as Match Box Makers, another sister was a Biscuit Ornamenter and another was a Hair Worker. Her eldest brother was a Shipwright.
At the time of their marriage on 30 May 1899, Walter and Susan both gave their address as 41 Hamilton Street, Govan. Water was working as a Fitter’s Helper and Susan was working at a Pickle Works. It was noted that both their fathers were deceased and the Susan’s mother had remarried and was now Jessie Rodger.
Walter and Susan had children as follows, all in Govan: Walter Fernie 1895, William Fernie 1899, Susan 1902, Alexander 1904, Mary Ann 1906, Jessie Fernie 1909, Robert Elder 1912 and James 1917. However, Susan died aged 2 in 1903, Jessie in the year she was born and Mary Ann in 1908, leaving them with just the five boys.
In 1901, Walter and Susan were living at 29, Logie Street, Govan, Glasgow with Walter aged 6 and William aged 2. Walter was working as a Shipyard Labourer. In 1911 they were still living in Govan, now with Walter 16, William 11 and Alexander 6.
At the time of Robert Muir’s birth on 17 February 1912, they were living at 25 Logie Street, Govan. His father, Walter, was shown as a Ship Fitter’s Helper. His mother’s maiden name was given as Fernie and it was noted that they were married on 30 May 1899 in Govan.
It seems that on 19 October 1914 Walter Muir (Snr) was enlisted in the 16th Battalion of the Highland Light Infantry (Service No. 14969). However, he was discharged due to sickness on 16 March 1916. Apparently, his son William of 25 Logie Street also enlisted on 6 March 1915 when he would only have been 16. His apparent age was initially stated as 19 yrs and 6 months – but he was discharged on 10 May 1915 due to a mis-statement as to his age.
On 28 April 1916, Robert’s brother, Walter Fernie Muir married Margaret L Wood and another brother, William Fernie Muir, married Elizabeth McCrindle on 26 March 1920. William’s address was 25 Logie Street and he was an Iron Driller aged 20. His father was Walter Muir, a Ship Plater’s Helper and his mother was Susan Muir (maiden name Fernie). Elzabeth McCrindle was also living at 25 Logie Street. She was aged 23. Her father was Alexander McCrindle (deceased) who had been a Shipyard labourer and her mother was Janet McCrindle (maiden name Stewart). The witnesses were Walter Muir and Jessie Dempster.
In 1921 Walter and Susan were still at 25 Logie Street. This was an address shared by several tenants – probably a Glasgow Tenement building with multiple flats on several levels. With them were Alex, Robert and James. Also present were two boarders – another Walter Muir born January 1871 in Govan and his daughter Margaret Muir born November 1907 in Govan. Robert’s father was working as a Plater’s Helper at Alex Stephen, Ship Repairs, Govan. Alex was working as a General Labourer at Mouett & Miller, Saw Millers but was out of work at the time. The elder Walter Muir was also working as a Plater’s Helper at Alex Stephen’s.
Walter and Susan Muir were still at 25 Logie Street in 1938. Also present were their sons William and Robert.
Military career
Robert Muir (Service No. 3310763) enlisted at Glasgow for 4 years as a Private in the 6th Battalion Highland Light Infantry (Territorial Army) on 12 April 1932. He was 20 and single. He was described as fit and was 5ft 3 ½ in tall, weighed 130 lbs and had a fresh complexion, blue eyes (later described as grey) and dark brown hair. His address was given as 25 Logie Street, Govan, Glasgow, the same as his father. His religion was Presbyterian. He was working as a labourer.
He attended training courses in 1932 and 1933. His conduct, industry, punctuality and attention were described as good and his proficiency was fair.
He was discharged from the 6th Bn HLI when he signed up in the Regular Army on 7 November 1933 for a period of 7 years in the colours and 5 in the reserves. On enlistment to the Regular Army he was working as a rivetter and welder for M McDonald, Fairfield Shipyard. He had left Secondary School at 14 with no qualifications. A local man gave him a reference as being sober and honest and always reliable.
He was posted to the Highland Light Infantry Depot on 9 November 1933. He was awarded a Class 3 Certificate of Education on 14 December 1933 and was posted to the 1st Battalion HLI on 26 May 1934.
On 11 February 1935 he forfeited 18 days pay for absence from the “Tattoo” from 21 January to 9.15am 8 February 1935. He was awarded a Class 2 Certificate of Education on 27 June 1935.
The 1st Battalion HLI was normally considered to be the Home Battalion and was based at Fort George, near Inverness in 1934. However, on 6 March 1936 he was sent with the battalion to Egypt where they remained until 24 October 1936 when they returned to the UK and Fort George. The Battalion had been sent to Egypt during trouble at that time between Britain and Italy.
Robert was appointed to the rank of Lance Corporal (unpaid) on 29 April 1937 – but relinquished this rank in less than a month on 22 May 1937.
He was posted to the 2nd Battalion HLI on 14 September 1937 and sent to India. The 2nd Battalion had regularly spent time overseas between the wars. In 1925 they had been sent to India where they served for 13 years at Bangalore, Cawnpore, Razmak and Peshawar. Robert will have joined them there.
On 14 March 1938 he passed a trade qualification as a Regimental Nursing Orderly.
He was sent with the Battalion from India to Palestine on 7 November 1938. Soon after arriving, on 13 November 1938 he was given 14 days detention but the offence is not known.
This was towards the end of the Arab Revolt in Palestine which lasted from 1936 to 1939. It was a popular uprising by Palestinian Arabs in Mandatory Palestine against the British administration. The movement sought independence from British colonial rule and the end of British support for Zionism. An attempt to resolve it failed causing the revolt to resume, marked by the assassination on 26 September of Acting District Commissioner of the Galilee. British attempts to clamp down on the protests did not succeed and violence continued throughout 1938. In July 1938, when the Palestine Government seemed to have largely lost control of the situation, the garrison was strengthened from Egypt further reinforced from England. The army took control of the police and civil authorities. By the end of the year a semblance of order had been restored, at least in the towns.
The 2 HLI will have been sent to Palestine to help put down the later stages of this revolt. Robert served there as a Rifleman.
In August 1939, the 2nd Battalion were preparing to return to the United Kingdom. On the outbreak of war, the battalion was spread out in detachments in Gaza and covered an area of over thirty miles from north to south on Railway Duties. On short notice, the battalion left Palestine on 14 November 1939 and moved to Cairo in Egypt.
On 20 February 1940 Robert was again appointed to the rank of Lance Corporal (unpaid) but again reduced to the rank of Private after only a couple of weeks on 5 March 1940. He was again appointed to the rank of Lance Corporal (Unpaid) on 7 November 1940.
On 15 December 1940 he was posted to Sudan, though he described this as Eritrea. The battalion arrived at Khasham el Girba where it took over from the 1st Essex at the Butana Bridge and came under the command of the 10th Indian Infantry Brigade. When the battalion arrived the 10th Indian Brigade held a number of bridgeheads on the east bank of the Atbara in the area of Gedaref, Khasm-el-Gerba and Sarsareib. They took part in an advance to push Italian troops back from Abu Gamel, Kassala and Tessenei followed by an attempt to cut them off from reaching Keru. On 22 January a single company of the 2nd HLI supported by a single field battery was sent to meet the enemy on the Jebel Sheba. During a hasty attack, the company commander was killed as the battalion came up against heavy machine-gun fire. With the support of the field battery, the company closed on the enemy, resulting in the capture of six hundred prisoners.
After the action at Jebel Sheba, the battalion continued the advance through difficult terrain to Biscia, already taken by the 4th Indian Division. From there, the 10th Indian Brigade was ordered to push cross-country to cut the Agordat-Barentu road. When it reached the position on the road, no enemy arrived so the brigade moved on to Barentu. The two Indian battalions in the brigade, the 4/10th Baluchs and the 3/18th Royal Garhwal Rifles, had already taken the first line of defence at Barentu on January 26th. The 2nd Highland Light Infantry attacked the second line of defence after forming up behind the Indian battalions with ‘A’ Company on the right flank and ‘D’ Company sweeping further west. Both companies took their objectives after a stiff fight, but a withering enfilade fire then hit ‘A’ Company. ‘A’ Company was forced to retreat while taking casualties causing a similar fate to befall ‘D’ Company. During the attack the battalion lost both company commanders along with one hundred other casualties. On this day, it was reported that Robert Muir was one of the wounded. He may have been hospitalised as a result and had his unpaid rank removed as was usual in such circumstances. the brigade continued pressure on Barentu along with the 29th Indian Brigade to the west, the enemy gave way and evacuated the town on the night of February 1st. Barentu was occupied the following day.
Following a rest period, in late March, the 2nd HLI took part in the Battle of Keren where it remained until July, 1941 when it embarked for Egypt. Robert’s Service Record indicates that he remained in the Sudan until 9 July 1941 when he returned to Egypt.
On July 10th, the battalion arrived in Egypt with the 10th Indian Brigade and moved into Quassassin Camp near Ismaila on the Suez Canal. During the second week of August 1941, the brigade moved to the desert to begin training in mobile desert warfare. It began its journey to Iraq on the 25th. The journey of over 1500 miles ended at Kirkuk during the first week of September 1941. After only a short time in the Kirkuk area, preparations for the 5th Indian Division’s return to Egypt began on September 25th. After a similar reverse journey, the 2nd Highland Light Infantry arrived at Mena Camp with the brigade on October 16th, 1941. On November 2nd, the 10th Brigade embarked for Cyprus from Haifa and landed at Famagusta. After a brief stay in a nearby transit camp, the brigade moved into positions to garrison eastern Cyprus around Larnaca.
However, it seems that although Robert continued to be considered to belong to the HLI, he seems to have been assigned to the 38 Royal Tank Regiment on 6 October 1941 and remained in Egypt.
He was once again promoted to Lance Corporal (unpaid then paid) on 7 October 1941. He was appointed to Acting Corporal (paid) on 2 February 1942 and then War Substantive Corporal on 25 February 1942. On 5 July 1942 he was assigned to 102 Royal Tank Regiment and appointed Acting Sergeant (Unpaid) the same day.
In 1941 at least four additional Royal Tank Regiments were raised in North Africa. These are thought to have included both the 38th and 102nd. However, it is understood that they only contained dummy tanks designed to deceive the enemy. Originally, these were canvas-covered plywood/metal frames, later supplemented by inflatables. They were used heavily in North Africa, especially in the run up to 2nd Alamein which started on 23rd October 1942.
However, in July 1942, Robert’s Army career took a distinct turn for the worse.
He was declared a deserter on 20 July 1942 while in Egypt. On 21 October 1942 he was put in close arrest until 8 February 1943. He was tried at a Court Martial on 9 February 1943 at No. 1 Infantry Training Depot for deserting HM Service from 10 July 1942 to 20 October 1942.
He was sentenced to being reduced to the rank of Private and to 6 months imprisonment with hard labour. All his former service was to be forfeited because he had deserted. This would have the effect of him being treated for the purposes of pay and pensions as if he had enlisted on 9 February 1943.
In a subsequent petition in 1944 regarding his pay, he attempted to explain the reason for his desertion and to claim that it should be amended from desertion to absent without leave. He claimed that he was at no time away from His Majesty’s Forces. He said that he had been “refused repeated applications for posting to the Home Establishment on compassionate grounds, also to be transferred to a fighting unit of the services”.
He goes on to say:
“I went absent from the 28th (sic) RTR which was stationed at Maadi, and to which I was attached on the 20th July 1942 and embarked on HMT Strathallen at Suez on the 21st July 1942 where properly dressed and using my correct name and unit, I worked in the ships galley and helped issue rations to Italian prisoners on board.
On disembarking at Durban on the 4th of August, I immediately reported to the Imperial Forces Transhipment Camp, Clairwood giving my full service particulars of number, rank, name and unit to the Orderly Sergeant.
While at Clairwood I performed regular duties until being arrested on the 20th October. Thus, throughout the period of my absence from the Camouflage Unit, I was actually carrying out my duties with a unit of His Majesty’s forces which were perfectly aware of my number, name and unit and at no time was I unavailable for duties.
As the 28th RTR is a non combatant unit and was not engaged in any active duties at the time of my absence, I did not, in absenting myself, avoid any particular piece of active service nor had I been warned for a draft”.
It is interesting that he refers to the unit as a “Camouflage Unit”. Which confirms the idea that it only contained dummy tanks.
However, an incident involving Robert Muir occurred just a few weeks after his Court Martial at about 0830 on 24 February 1943 while he was held in detention. He was one of a working party of about 12 prisoners being escorted by two Police Corporals from the No. 1 Infantry Training Depot Police, one sergeant and four other ranks to the 30x Range in Geneifa, Egypt. Geneifa (now Fayed) lies on edge of the Great Bitter Lake on the Suez Canal to the east of Cairo.
They halted near the Range Warden’s hut and the two Corporals entered the hut. The prisoners were waiting to get their tools out of the hut. There was a small pile of salvaged grenade splinters nearby. Private Davey, who was one of the escorts, stated that another of the escorts kicked the pile at one time and nothing happened – but a little later all four of the escort were looking at the pile when at least one stated that he saw a flash and heard an explosion from it. The Sergeant wasn’t facing the pile of salvage at the time but said he heard someone say “Somebody, picked up a 68 grenade and threw it away.” One of the Corporals heard the explosion while in the hut. He thought it was a grenade and heard splinters hitting the hut. He ran out of the hut and about 20 yards away saw about 6 men lying on the ground, some others running about, one with blood running from his leg. This was Robert Muir.
He had been standing with his back to the pile of salvage and felt the blast on the back of both legs. He ran for about 30 yards and then saw that his left leg was gushing with blood and shouted for the Police Corporal to get a tourniquet. Two others from the escort were also badly injured. Private Pattain (or Paton) was hit in the face while Private Davey was hit in the leg. He walked a few paces then realised blood was pouring from his head. These three were taken by ambulance to the 19th General Hospital after about 15 minutes. Others were less seriously injured and were treated at the scene or were marched to the hospital.
An inquiry into the incident concluded that the members of the working party were on duty and not to blame. The name of the Range Warden was redacted – but it was concluded that “more care must be taken on all grenade ranges that blinds are marked and exploded by Demolition Sets”. Orders were issued to this effect and placed in position on ranges.
Robert’s Service Record states that he incurred multiple injuries to his legs, back and left arm, but that this was “unlikely to impair his future efficiency”. It seems that it took until 26 May, 1943 for Robert to be considered fit for posting.
On 13 April 1943, during the time he was recovering, his sentence was suspended, having served 64 days. It seems that this suspension was regularly reviewed, initially suspended up to 13 July 1944. This review process resulted in regular reports on his conduct. The first was on 18 March 1943 while he was still in the 19th General Hospital. His conduct was reported as good since he was admitted.
Robert continued to be part of the HLI for the rest of his military career, but never actually served with them again, being regularly seconded elsewhere.
It isn’t certain where he was posted to on 26 May, but on 14 June he was deprived of 28 days pay for being absent without leave from 1230 hrs to 0030 hrs and for not complying with an order given by an NCO. This was recorded on a conduct report by the officer commanding No. 7 (Scottish) Depot Battalion, No. 1 Infantry Training Depot. Despite this misdemeanour, when the suspension of his sentence for desertion was reviewed on 13 July it was again suspended until 13 October.
Between 5 and 31 July 1943 he attended a course to become a Qualified Driver Class III at Special School, 1 Infantry Training Depot.
Another Conduct Report from the Lieut. Col Commanding No. 2 Depot Battalion, Infantry Training Depot which covered the period from 13 July to 15 August stated that his conduct was good and that he performed his duties in a satisfactory manner.
On 16 August he was sent 157 TC. This may have been a Troop Carrying unit – but it is not certain.
When the suspension of his sentence was again reviewed on 13 October 1943 it was again suspended until 13 January 1944. Perhaps it was in connection with this that on the same day “It is recommended that 3310763 Pte Muir R Unit HLI (ITD) serving with the ITD on 26 9 43 be posted to an operational unit provided he is medically fit. A deserter who has served continuously at the Base since sentence was suspended in April 43.” This recommendation came from HQ British Troops in Egypt which included Dummy Tank Brigades.
It seems this was approved as he embarked for the UK on 12 November 1943. He arrived in the UK on 9 December 1943 and was assigned the following day to the 101 Reinforcement Group (32 Reinforcement Holding Unit) at Leigh on Sea, Essex.
He completed a document on his return headed “Details of Python Personnel Disembarked UK 11.12.43”. Python was a code name for troops serving more than four years abroad who were due for a home posting. He indicated that he had been employed while overseas as a Driver i/c for a year and as a storeman for a year.
He was given a certificate which confirmed that he had been selected for posting to the United Kingdom and that he had to keep the certificate with him otherwise he could be returned to the Middle East immediately. It again confirmed that he was in the 2nd Bn HLI. It stated that his length of continuous service overseas had been 7 yrs and 8 months and that this was the reason for him being posted back to the UK. This seemed to ignore the fact that he had been back in the UK for nearly a year from October 1936 to September 1937 and so had actually only been overseas continuously for just over 6 years. However, this was far longer than the 4 years envisaged for the Python scheme.
It gave a Leave Address which was still Logie Street, Govan, Glasgow and he was able to go on leave on 10 December 1943.
However, on 10 January 1944 he had again been absent without leave for 15 ½ hrs for which he was confined to barracks for 7 days and forfeited 1 day’s pay.
He was attached to the 9th Bn Seaforth Highlanders at the Burniston Barracks in Scarborough on 9 February 1944.
However, an issue arose regarding his pay which the Commander of C Coy, 9th Bn Seaforth Highlanders had to deal with. There was confusion over whether Robert had or had not lost all benefit from his service up to the time he deserted. The Regimental Paymaster was claiming there was a £57 debt as he had been paid at the wrong rate. Robert was denying that he forfeited any service and claimed that the court did not actually state in their sentence that his nine years’ service was forfeited. He said that his defending officer was to have found this out but was himself posted away before doing so. The HLI Record Office was consulted and re-iterated that all former service was forfeited as he had been convicted of desertion and that his service was now reckoned from 9 February 1943.
It was at this time that Robert wrote the petition asking that the finding of the Court Martial should be reviewed with the aim of having the judgment altered to “absent without leave” and stating his case for how he had still been carrying out duties during the period of his desertion. He felt it was a considerable hardship to lose the benefit of 9 1/2 years’ service.
On 28 April 1944 while with Seaforth Highlanders in Scarborough he overstayed a pass by a mere 5 minutes for which he was admonished. However, it was separately stated that he acted as Blood Donor at Scarborough that same day.
On 2 May 1944 he was assigned to No. 3 Civil Affairs Group.
When plans were underway for the invasion of Europe, it was realised that plans also had to be made for ensuring that basic civil order and welfare were maintained in liberated and enemy countries as they were entered. A wide range of civilian issues would need to be considered and dealt with. These included assisting the military commander’s plans by liaising with civil authorities to control disease or disruption and exercising administrative control and supervision to preserve law and order. There would be a need to rebuild local and national administrative capacity so critical population needs like hunger, housing, health, and security did not interfere with, or overwhelm, military objectives.
Britain and the USA approached this jointly, as they did the invasion itself. Civil Affairs units were integrated into the headquarters of military formations. They were organized with Civil Affairs Pools linked to Armies, Civil Affairs Groups linked to Corps and Civil Affairs Detachments linked to Divisions. Ultimately, Military Governments were set up to run the countries until civilian authorities could take over.
For the rest of his military career, Robert Muir was involved with Civil Affairs Groups or Military Government, though most likely at a fairly junior role, possibly as a driver.
Just a few days after being assigned to No 3 Civil Affairs Group, on 10 May 1944, he was again absent without leave for 22 hrs 31 mins from 2359 hrs until 2230 hrs the following day, He was “deprived 7 day’s pay and forfeits 1 day RW”. This and his earlier punishment on 10 January were the only two incidents on his Conduct Sheet noted by the Major commanding No 224 Detachment Civil Affairs in a Conduct Report covering the period between 26 September 1943 and 31 May 1944.
On 14 May, Robert signed and had a statement witnessed saying the following;
“I hereby acknowledge that I have been warned to hold myself in readiness for embarkation until further notice for active service overseas, and understand that if I absent myself without leave I am liable to be tried by Court Martial for desertion”.
On 15 May he was assigned to No 2. Civil Affairs Group which probably included No. 224 Detachment.
His suspended sentence for desertion was again reviewed on 6 June 1944 and renewed to 6 September 1944
He was posted to Western Europe on 15 June 1944, just over a week after D-Day. It is somewhat unclear, but he was probably still with No 2. Civil Affairs Group.
On 17 September he was posted to No 1 Civil Affairs Group and transferred to No 3. Civil Affairs Group on 17 October 1944.
In a note dated 23 October 1944 and headed “Review of Court Martial Sentence” the Major commanding No 224 Civil Affairs reported that during the period 31 May to 21 August 1944 “Pte Muir has incurred no entries on his field conduct sheet. He has carried out his duties satisfactorily.”
In a similar report on 31 October 1944, the Lieutenant Colonel OC 209(P) Civil Affairs Detachment reported that “During the period 28 Aug 44 – 31 Oct 44 Pte Muir incurred no entries on his conduct field conduct sheet. During the period mentioned his duties have been carried out efficiently and he has always behaved in a Soldierly manner.”
The suspended sentence was again reviewed on 11 November, 1944. This time, the Army Commander directed that “the balance of the sentence be remitted”. It seems that Robert had redeemed himself.
On 10 February 1945 there is a reference to him being in “L of C Civil Affairs Admin.” This related to keeping Lines of Communication open between the military and the local population and organisations.
Sadly, Robert Muir died on 25 August 1945.
It seems that he was stationed at that time at Ratheim which is in Germany, just east of the Dutch border near Maastricht. He was based at Haus Hall. During the war, staff of the German Wehrmacht used Haus Hall as their headquarters before the property was seized by American troops after the war, who then handed it over to the British occupying forces. The British established the central administration for the districts of Erkelenz and Geilenkirchen-Heinsberg there. Robert will have been working there for the Military Government.
A Court of Inquiry was held into the circumstance of Robert’s death at Ratheim on 28 August 1945. It was by order of Major A J Lepiez T/Commanding 125/258 Detachment Military Government.
The first witness to give evidence was Pte Thomas Burton (No 5337829). His evidence was as follows:
“At about 1830 hours, 25 August 1945, I left the Detachment Headquarters at Haus Hall, Ratheim, in company with Private Muir. We each carried a .22 rifle and intended to shoot rabbits. We arrived at the place where we shoot at about 1915 hours. At the spot where Muir usually shot a platform is fixed in a tree with a rough ladder leading to it. I saw him go into his tree. He had previously had trouble with the ejector on his rifle and I said to him “if you do get trouble, do your best and get your empties out. If you can’t manage, come over to me”. He said. “OK”. I left him and went to my tree about 200 yards away and climbed into it. Nothing happened until I heard a shot fired at 2120 hours. Straight away I heard Muir shout “Tom, Tom come here” and I ran to the place where I had left him. I found him lying on his back by the side of the barbed wire fence with his feet at the foot of the ladder, his elbows were bent and his fists tightly clenched. Foam was coming from his mouth. He did not speak. His rifle was lying by the side of his right leg and pointing towards his head. I opened his blouse and his shirt and saw a bullet wound on the left side of his chest. I also noticed that one of the steps of the ladder was broken. I covered Muir’s chest up and doubled back to the road. I saw a civilian riding a bicycle and told him to take me to the Military Government office, which he did. I reported to Captain Hart and went out with a truck to bring Muir in. I led a party to the place and pointed it out to Corporal Budd. The only change in Muir was that his arms were by his side. I felt his pulse and he appeared to be dead. I pointed the gun out to Corporal Budd and saw him examine it. I saw a cartridge case in the breach which appeared to have been fired. When the bolt was drawn the cartridge case was not ejected. We carried Private Muir to the truck and brought him back to Ratheim. From the time when I first went out with Private Muir to the time when I left him to fetch help. I did not see or hear any other person about.”
Captain A H Hart (No 313922) confirmed that, when Pte Burton reported what had happened, he had immediately despatched a party of eight men under Corporal Budd with a Jeep, a 15cwt truck, wire mattress (as no stretcher was available), blankets and first aid kit. He telephoned the Medical Officer of the 92 Field Regiment RA to send medical assistance and an ambulance to the HQ.
Corporal Budd (No 6292360) confirmed he had gone as directed by Captain Hart to the scene of the accident. They drove about 2 kms from Ratheim where they left the vehicles on the road and walked for about half a mile to where the incident had occurred. He confirmed very much what Thomas Burton had said and that he had checked for a pulse or breathing. When they returned with Muir’s body to the HQ, the Medical Orderly confirmed he was dead.
Captain Hart himself visited the scene at 2330 hours. He gave a grid reference of K928771. He verified the details of the scene – including that “there was a roughly made ladder leading to a wooden seat 22 inches wide which was constructed in a tree at a height of 8 feet from the ground. Five steps led up to the seat and the middle step which was a distance of three foot 10 inches from the ground was broken. Also broken was the rail, which could be used as a handhold at the level of the seat. Both breaks were new.
He took the signed statement from Thomas Burton at 0030 hrs on 26 August. At 1430 hrs the next day he took the signed statement from Corporal Budd.
On the 27th of August 45, the body was taken to 128 Field Ambulance Unit, Aachen Hospital where a postmortem was performed by a German Pathologist at CRS Aachen in the presence of Captain S Witt RAMC. The findings were that the cause of death was a bullet fired from very close range penetrating heart, lungs and lodging finally in the muscles of Axilla. The bullet was recovered and given to Capt. Hart. In Captain Witt’s opinion, death would have occurred within two minutes, but it would have been possible for the deceased to shout before dying.
Maj Lepiez concluded at the enquiry that “Private Muir was off duty at the time of the incident and in my opinion was not to blame as the evidence appears to indicate it was accidental”.
His service record ultimately stated that he was shot accidentally.
On the afternoon of the 27th August 45, Capt. Hart conveyed the body to the US Military Cemetery, Margraten near Maastricht in the Netherlands, where the internment took place at 1545 hours, the service being conducted by Capt. Hunter C.F. and attended by Capt. Hart, three NCO’s and five ORs of his detachment. He was interred in Section GGG Row 5, grave 104.
In subsequent correspondence within the Army after his death, it was confirmed that he had been with 125/528 Detachment Military Government – but was still linked to the HLI. It was also noted that he was in “Line of Communications, Civil Affairs Admin”.
Robert’s personal effects were sent to his father, Walter Muir, at 25 Logie Street, Govan, Glasgow, SW1. They were as follows: small wallet, testament, 12 photos, souvenir notes and coins, 20 Belgian Francs.
His father’s address was verified for the purposes of sending his medals. He was awarded the following:
General Service Medal with clasp Palestine, Africa Star with 8 Army Clasp, 1939/45 Star, Italy Star, France Germany Star, Defence Medal. Robert had served in the Regular Army for 11 years and 292 days.
It is not known where Robert served in his time in Civil Affairs, prior to being in Ratheim. However, it is thought that he may have been in Kortrijk in Belgium at some point. This may be supported by the fact that he had Belgium Francs in his possession when he died. Julia Moreels was a young lady in that village who had known a Scottish soldier called Robert Muir who was some years older than her. However, her family understands that he died in 1945 in an accident. Julia later gave birth to their daughter, Daisy Moreels, who was born on 15/2/1946 in Kortrijk. It is thought that Robert’s parents were possibly aware of his child and may have visited Kortrijk after the war. Julia herself died in 1966. Her daughter was brought up by her grandparents. Daisy died in May 1989 aged just 43 but never knew who her father was. Her son believes that Daisy’s father is the Robert Muir who is buried at Overloon – and this certainly seems likely from the recollections of both Julia and Robert’s living relatives.
At some point he was re-interred in the Margraten Cemetery, but when this became a wholly US Cemetery he was re-interred again in the British Cemetery at Overloon on 1 May 1947.
Robert’s brother Walter also served in the Army at some point.
Walter and Susan Muir was still living at 25 Logie Street in 1947. With them was their son, Alexander Muir.
Susan Todd Muir died in 1951 in Govan, and it is understood that her husband Walter died before her.
Robert’s brother Walter died in 1964, William in 1980, Alexander in 1976 and James in 2002.
