MOTUIHI ESCAPEES.

Lyttelton Times, Volume CXVII, Issue 17705, 4 February 1918, Page 4

MOTUIHI ESCAPEES.

COURT MARTIAL OF COLONEL r TURNER.

COURT CONSIDERS FINDING

[Per Press Association’.] AUCKLAND, February 2. The court martial on Lieut p nantColonel C. H.. Turner, in connection with the escape of German prisoners from Motuihi Island, was returned today. The Judge-Advocate. Colonel Reed, said lie would like to make a statement which not only was due to tho Minister of Defence hut to Airs Langguth. Information had been communicated to the speaker which, if correct, put a different aspect upon the permit alleged to have been given by tho Minister to Airs Langguth to visit the islandH e thought it would bo inadvisable to discuss the matter at present. An inquiry was to he held and it was probable that tho necessary explanation would,he made at that inquiry. SENTRY RECALLED. Tho Co-art expressed a desire to pus some questions to Private Hope Johnston- , ~ Colonel Frederick: When you fett Tower Hill who relieved you, and by whose authority did you leave your post before 6.30 p.m.?— I There was no definite post there. I could go anywhere, hut I simply went, up there because I could get a good view of things. Lieutenant-Colonel Sleeman: Did you see tho boat arrive?—l did. Where were you?—About half-way down the hill- ,v„ ( Colonel Porntt: Did you see tW! > launch leave for her moorings? I dinDid you see any Germans about?—Onlv two with a cart. Did you see the cart?—Yes, I saw it going down to the wharf. Did you see anything on it?—Nothing at all. It was going down fop Tlio President: Where was the boat when vou arrived a t the shods?—T met Colonel Turner at the bottom of the " where did you go then?—l resumed my walk and turned round at the gate and came back. _ ~ .. Where was the launch them?—At it 3 “Whaftime was thatP-Between 6.20 al Wheio was the dinghy?—l didn’t see Didn’t you consider it important? I d °Tlie n President: Never mind what you think now. What did you think then? ant. PRISONERS AND THE CART. Where were you when the cart passed you the second time?— Half-way from Colonel Turner’s house. Did you not consider it your duty to question these men seeing they should have been in barracks?—No. Did this cart pass you before sou came off duty or after ?—BeforeSchmidt was looked upon as trustworthy, and was not infrequently employed on such work after hours. Erdmann had been assisting him and, therefore, I did not think it unusual. You were practically the last mam coming off what was known as the day area?—Yes. Was it part of your outy to see that) no one was in the buildings outside the enclosure? —No, sir.. My duty was to see that the meu were in the enclosure. Here there is a case where men were outside?—Yes, but they went down before, at a' time when they should have been inside. Alajor Pullen: Your duty was to patrol generally?—Yes. Air Tolo: Tlie orders were that you should patrol / between two points?— No. I disagree with yon. The President: On the approach of a launch a flag is hoisted?—Not in the case of Colonel Turner’s launch. Corporal Shaw, recalled, stated, that Schmidt had been working in the coal cart for several weeks. They were runliing short, of coal, and Schmidt stated lie was bringing the colonel's luggage up and would bring some coal back with him. Witness agreed to this. Lieutenant-Colonel Turner, recalled, stated that the cart was taking up liis daughter’s luggage. He heard the cart going down, and knowing it was an extraordinary thing, rang up the guardroom. He was informed that Shaw had spoken to Schmidt about shortness <if coal at 4 p.m. and that as the latter only wanted to harness up the horse onco he had been given permission to wait and take the luggage and coal together. Witness was therefore satisfied. JUDGE ADVOCATE’S ADDRESS. The Judge Advocate said the first point was whether the prisoners escaped, about which there was no controversy. The second point that tho Court had to consider was whether any of those prisoners were committed to the charge of accused and whether it was his duty to keep them. The onus of proof lay first with the Crown and finally with the accused. Ho. recommended that if they found him guilty to do so upon the first charge. The point to which they had to devote most serious consideration was whether Colonel Turner had satisfied the Court that he had reasonable excuse. Tlie question as to whom Colonel Turner was responsible was to bo decided, by a Court of Inquiry and might he considered irrelevant. There were the facts to be taken into consideration that Colonel Turner wanted an increase in the guard, that he objected to relatives visiting the island, and that he objected to von Luckner and Erdmann being brought to tlie island. It was known to the authorities that Colonel Turner had a launch. It was known also that he had to manage with a reduced guard. Colonel Turner knew, on the other hand, on December 13 that ho had in his charge two dangerous prisoners, both seamen. During the interval between 6.30 p.m. and 7.30 p.m. there was no ovidcnco to show lie had inquired whether the sparking plug had been brought up. Tt was the duty of the military man in charge'to make the best of tlio assistance lie had, and the question was whether he made the best use of the facilities at his disposal. The question came to this: With the guard he had there did lie act as a. reasonable man in taking sucii steps as would be effective in preventing escape? If they considered there was reasonable doubt accused was entitled to the benefit of it. Tho Court closed for the purpose of considering its verdict. When the Court opened again Captain Baldwin gnvo formal evidence as to the good character borne by accused during his military career. Accused was entitled to tlio twelve years’ service medal, the New Zealand long and efficient service medal and the Colonial and Auxiliary Forces’ medal. He had also a Territorial decoration dated 1916 “ IN MITIGATION.” Tho Judge Advocate asked Alaior Pullen if ho or his client had anything to say. \ Alajor Pullen: For what reason? The Judge Advocate: In mitigation. Alajor Pullen: Flow can I make a statement in mitigation when I do not know what the sentence of the Court ' is? I cannot assume that Ooionel Turner is guilty. The President: You know quite well what tho procedure is, Alajor Pullen. Tho Court, closed again for consideration'of its finding, which will be promulgated when confirmed. The Court of Inquiry to determine the responsibility of Colonel Patterson and Alajor Osborne Lilly will open on Alonday.