GENERAL COURT-MARTIAL

New Zealand Herald, Volume LV, Issue 16762, 31 January 1918, Page 6

GENERAL COURT-MARTIAL

THE MOTUIHI ESCAPE.

TRIAL OF COLONEL TURNER

GERMAN PREPARATIONS.

WIRELESS RECEIVING PLANT

GOOD SUPPLY OF FOOD.

AN ANONYMOUS WARNING.

Tire court-martial of Lieutenant-Colonel C. Harcourt Turner, ex-commandant of the Motuihi internment camn. by a tribunal consisting of six lieutenant-colonels, under the presidency of Colonel N. P. Adams, C.M.G.i on a charge of having permitted to escape 10 German prisoners of war and one German civilian prisoner who were committed to his charge, was continued yesterday at the City Council Chambers. The Hon. J. A. Tole, K.C., appeared on behalf of the prosecutor, Captain P. E. Baldwin. Major J. P. Pullen appeared on behalf of Lieutenant-Colonel Turner. Colonel J. R. Reed, K.C., Judge-Advocate-General, was present. In opening the case for the prosecutor, the Hon. J. A. Tole said the charge was not one of wilfully allowing the prisoners to escape, but inferred that Colonel Turner had been guilty of culpable negligence. Lieutenant-Colonel Turner had had 27 years' territorial and military experience For two and a-half years, the period in which he had charge of the camp, he had ampltj opportunity of making such rules, and regulations as he deemed desirable for the safe caro and' custody of the prisoners of war. With the advent of Count von Luckner, Lieutenant Kirscheiss, and the seaman Erdmann, a dangerous element was introduced among the Germans, calling for increased resourcefulness on the part of those who were responsible for their safe custody. After the arrival of the Seeadler's men, Co'onel Turner emphasised to the men composing the guard the necessity for taking special care, but ho gave them no new specific instructions. Up to September, 1917, no boat was stationed at Motuihi. Then Colonel Turner had his own launch, Pearl, moored off the wharf. There was no military necessity for the boat to bo there, as boats belonging to the Defence Department called regularly at Motuihi three times each week, or more often if necessary. On one occasion, when Count von Luckner and Kirscheiss were sent to Wellington, they were conveyed to Devouport in the launch Pearl, which was manned by two other Germans, and they thus got to know the capabilities of the boat. At one time the Poarl was beached at Motuihi for overhaul, which work was done by the German crew of the launch. Colonel Turner was warned on more than one occasion about taking special care of the launch, and on December 11—two dayS before the escape-Colonel G. W. S. Patterson, 0.C.D., who was about to proceed to Wellington on official business, made a special point of warning Colonel Turner to take all means to put the boat out ol action. * . Questions for Decision. Counsel detailed the incidents of tho escape and the instructions given by Colonel Turner regarding the removal of the sparking plugs from the launch. Counsel ss : d the indications pointed to the theory that prepanAons had been made for the escape for a fortnight. The fact that the men had a sextant and a wireless receiving plant, a German naval ensign, and a quantity of food, bore out that the •scape was premeditated. The question 'or the determination of the Court ivas whether the accused, by his jonduct, allowed, contributed, or facilitated the escape of the Germans. If he did the question was then : Was there any reasonable excuse? Counsel for the accused, Major J. F. Pullen, said he wished at this stage to introduce four legal pointy the discussion of which would considerably shorten the proceedings and would avoid the necessity of any witnesses being called for the prosecution- , ' The Judge-Advocate said the proceeding was irregular, and any point of law should have been raised when the charges were laid. Counsel would have an opportunity of raising the questions when he opened the case for the defence. It was decided that counsel should defer raising the points until the case for the defence was opened. The hearing of evidence was then proceeded with. Instructions to Commandant. Major James Osburne-Lilly, of the 17th, Ruahine, Regiment, engaged as director of personal services, headquarters, Wellington, said that, according to instructions given when appointed to the charge of Motuihi,,.Lieutenant-Colonel Turner had to deal direct with the coast defence supply depot for supplies. For guard and requisitions other than supplies, he was to deal direct with district headquarters, Auckland. He was to communicate direct with headquarters, Wellington, regarding prisoners of war. He was also instructed to render a weekly return to headquarters, Wellington, on the subject of prisoners of war placed under his charge, and also on all matters relating to their health, housing, and welfare. His appointment to to the charge of the camp was signed by Lieutenant-Colonel H. E. Pilkington, A.G., Wellington. Witness had visited the island twice, the last occasion being December 1, 1917. It was intimated to Colonel Turner when the Seeadler's men were committed to the island that they would require special care and surveillance. The intimation was, witness believed, conveyed in a telegram to the accused, announcing that the prisoners were beingsent up to Auckland from Wellington. On the occasion of witness's last visit he did not speak to Colonel Turner regarding the launch Pearl. Cross-examined by Major Pullen witness said the instruction may have been contained in a secret letter sent by witness to Colonel Turner. The weekly reports regarding affairs on Motuihi would bo sent direct to headquarters, Wellington. Major Pullen: Are you placed in charge of prisoners of war?— not in charge they are part and parcel of my duties. The director of transport and supplies, for instance; made the arrangements for their rationing. Who would sign the orders to Colonel Turner regarding prisoners?— Myself You had the solo right to give instructions?—l would not say that. I am sometimes the mouthpiece for other superior officers. Reports to General Headquarters. Did Colonel Turner report direct to headquarters. Wellington?— Yes. Major Pullen • 1 want to make it clear to the Court that Colonel Tumor did not report direct to district headquarters, Auckland. To Witness: Were not all .instructions to Colonel Turner given direct from headquarters, Wellington?— most of them went through district headquarters. Did Colonel Turner ever report to you through district headquarters?—! cannot remember a case. Major _ Pullen: No, there is none. To Witness: You have produced somo of Colonel Turner's weekly reports to general headquarters to prove that certain prisoners were on the island. Why did ' you not produce warrants issued when ■ tho prisoners were sent to the island?— do not know. Major Pullen: You know there is none. ! Witness: When I paid an unofficial visit ■ to Motuihi in August last year I suggested to Colonel Turner that he should have ' warrants supplied to him in order to pro. s tcct himself in the event of a point being i raised as to his responsibility in holding prisoners on the island , Did not Colonel Turner himself put that position to you?—No, I put it to him.

Who decides where prisoners of war shall go?— a rule Colonel C. M. Gibbon, C.G.S. Generally the first I know about a prisoner is when I receive a letter from the . commandant of one of the internment islands stating that such and such a prisoner is on the island. You are staff officer to Colonel Tate, adjutant-general ?—Yes. i You are capable of giving orders?— Yes. Have you ever given ordei* to Colonel Turner? —Yes, I gave him one regarding a prisoner—Brackenbush. / l)o the only orders you have ever given relate to the supply of liquor to prisoners ? —1 think so. Then generally a commandant of an internment island is left to use his own discretion?— he is competent to do all that is necessary for the safeguarding of prisoners. Without any orders from a superior officer?— Motuihl and Somes Island.

Your first visit to Motuihi in August last year was mode on your own initiative?— As a result of the visit of the Minister for Defence in November last year I wrote to Colonel Turner on November 27, asking for information regarding precautions taken for guarding tho prisoners on Motuihi. That letter was sent direct to Colonel Turner because it was urgent, and, later, a copy was sent to district headquarters. Was that tho general method of doing it?— anxiety was not to make too much of a post office of district headquarters; I think 95 per cent, of the correspondence to Colonel Turner went through district headquarters. After Sir James Allen's visit you went to Motuihi Yes. Did you make a report to your superior officer No. I went because I knew Colonel Turner's reply to the questions which Sir James Allen wished to bo submitted to him would ultimately come through me, and I considered as a result of my visit I would become better acquainted with the subjects under review. Did you know that Colonel Turner asked for a subaltern and an extra 10 men! Did you make a report about that?—No; for extra guards he had to ' communicate with district headquarters. Is it ii fact that Somes Island is controlled directly by general headquarters, and not by tho district headquarters, Wellington Is one internment island controlled by general headquarters and the other—Motuihi—by district headquarters Yes; for territorial reasons. If Motuihi was under district headquarters, why did you visit it?— Because I tws concerned about tho matter. Question of Extra Guard, Did Colonel Turner toll you he should have a signalling apparatus provided I told him he should not be left "in the air," and I informed him that when he made application to general headquaitera for it I would support his request. I also stated at district headquarters that Colonel Turner should have a visual signalling apparatus. Do vou know of section 14 of the Laws and Usages of War, which deals with placing officers in the same internment camps together with their men?—l may have known about it for some time. Do you know that at the Court of Inquiry you stated that you did not know of it? The Judge-Advocate: The proceedings at the Court of Inquiry must not be referred to. Major Pullcn: Did Colonel Turner ever, protest about tho Secndler's officers and men being placed at Motuihi together?— No. Of course, the reason for the separation of officers and men is to preserve the dignity of tho officers. Major Pullen : It is also for tho same reason why matches and gunpowder should not be placed together. The two together are dangerous. If tho officers and the sailors from tho Seeadler had not been placed together the Motuihi escape would have been avoided. To Witness: When you visited Motuihi on the last occasion did you give any orders to Colonel Turner?— I told him what he ought to do. Von Luckuer's Orderly. You %now that tho prisoner of war ' Erdmann was sent to Motuihi. Who sent < t him there?—l did. | Why?— Because von Luckner had asked ' for him as an orderly. ; You knew he was a sailor?— Yes. Do you think it wise to have sent a cunning man like Erdmann to bo with his I officers?— The instruction for the transfci came from the naval adviser, Captain P. H. Hall-Thompson. You have been on the Pearl. Was the iguard armed?—No; it was a militar; policeman, but the man may have had t revolver. Have you ever seen military policemer armed? Re-examined by Mr. Tole, Major Lillj said that Colonel Turner had never pro tested about men being placed with then officers. When witness visited Motuihi ir December tho question of economising wa< referred to. Witness told Colonel Turnei that it was not a question of economy, but of efficiency. In other words, economy was not to bo of paramount consideration. Mr. Tole: Did Colonel Turner ask foi Erdmann to be Bent up?—He forwarded i request mado by von Luckner, but hi made no comment or protest. To the President: I did not issue the instruction regarding Erdmann on mj own initiative. Any instruction giver j above my signature would have come from 'the G.O.C. 1 am generally the mouthpiece of headquarters, although I sometimes gave an instruction as director ol personal services. Were the letters to Colonel Turner sent by you as director of personal services or as staff officer of the adjutant-general?— Sometimes both. Was Erdmann Rent up as ft result of the letter from ColoneS Turner forwarding i von Luckner's request?—l believe the ' ' transfer of Erdmann from Somes Island to Motuihi was granted by the naval adviser. I Anonymous Warning in ' Guard-room. ! Sergeant-Major St. Clair Keogh, of the i Divisional Signal Company, said he ■ was in 'charge of the guard at Motuihi. On the arrival of the Seeadler's men, . Colonel Turner paraded tho detachment and warned the men that extra precaution - and care must be taken. The kits of the ! Germans from the Seeadler did not arrive , until some days after the men. After their , arrival permanently, the movements of the ' men were at first restricted, and for one week they were only allowed within certain limits. After that timo they were i allowed the same amount of freedom as , tho other prisoners—practically tho free i run of the whole of the island. The day following tho arrival for the first time oi , von Luckner and Kirscheiss they were sent , to Wellington, being conveyed to Dovonport in tho Pearl. 'ihe Pearl was brought to the island in May, 1917, but was not , placed in the water until the following September. When the launch was at her I moorings she could be seen by the sentry on Tower Hill. It was about tho end of November that tho sparking plug was first taken out of the launch and deposited at ', the commandant's house. It was on tho advice of witness that the custom of removing the sparking plug was followed. The reason for witness's suggestion was that an anonymous document, a warning, i was placed under the door of the guardroom. The warning was printed on a • piece of cardboard and enclosed in a i wrapping of brown paper. On the outside it was marked " Important," and was addressed to Colonel Turner and Sergeant- ! Major Keogh. The notice :" Loock . your launch. There is proviant, benzin ! and sail for runaway to-day. Don't mention this." l Mr. Tole: Were any surprise visits paid t to the quarters of the Seeadler's men?— No; there were stated times for inspection. 0 Were there workshops on the island?— ft Yes; there were sheds where the prisoners ft could do carpentering and other work. 1 There were sheds at the end of the wharf, ft Did the men do metal work Yes; but I only ono of those who escaped ever did metal work. Prisoners still on the island '. continued at the present time to do metal t work. d Was the island sufficiently well served o by Departmental boats, apart from the i- Pearl, which was Colonol Turner's private g property?— Yes. g Witness detailed the events on the night of the escape, and related what steps were it taken to_ communicate with the mainland. Communication with Auckland was estab-

lished at 11.55 p.m. During the "scare " period extra guards were put on from 11 p.m. to 4 a.m. The guards were armed from dark to daylight. On • the evening of the escape no guard would be stationed on Tower Hill at half-past six. From the position where the guard would be stationed at that hour the moorings or .the wharf could not be.-Been. It was known that several first-class mechanics were included among the German prisoners. The launch had no rid-ing-light at night, and when it was dark the boat could not be seen by the sentry ..on duty. There was no instruction that tho telephone line in the trees should be inspected by tho patrol. Questioned by Major Pullon with reference to the anonymous document, witness stated that he believed it was a hoax. Colonel Turner used to pay surprise visits to different parts of tho island, and witness had frequently seen him appear unexpectedly among tho prisoners. It was usual to check the first-class prisoners at meal-times, but lie did not think that practice was in vogue for some little time prior to the escape. He romembered Colonel Turner speaking to him about the reduction in the strength of the guard and tho substitution of military police patrols. Colonel Turner, who had just then returned from Wellington, said ho had instructions to rcduco the size of his guard, and he discussed with witness the method to be used to that end. To Mr. Tole: Ho believed the anonymous warning was a hoax, but, nevertheless, he mentioned to. Colonel Turner that it might bo advisable to remove tho sparking-plug from the launch. No inquiry was made as to the author or the authenticity of the warning. Cross-examined by Major Pullen, witness said he had made a mistake. He had inquired from one of the guard if he were the author. To tho President: The warning was found on tho floor of the orderly-room at 9 a.m. on November 29, 1917. Tho discovery that some of • the prisoners were missing was reported to Colonel Turner direct. To Mr. Reed; It was the orderly-cor-poral's duty to see that the sentry at Tower Hill was on duty until 6.30 p.m At the timo of the escape tho guards were military police. They were armed at night. Launch Overhauled by Prisoners.

Corporal John Wm. Shaw, of the Motuihi guard, said he had boon attached to the strength of the island for 15 months. He heard of tho escape at about 7 p.m., and received instructions from Sergeant Leslie to take two men to the north cliff to watch for the boat. At about 7.30 p.m. Colonel Turner ordered him to check tho prisoners. Ho found that nino were missing. Another check was made at midnight, when it was ascertained that 11 were missing. He chocked the prisoners at 5.45 p.m. Tho total was then complete. At that timo a sentry should have been on Tower Hill. Ho saw the sentry entering the Wracks enclosure at about 6.15 p.m. There was no fixed rule regarding the time a sentry was to remain on duty at Tower Hill. He used his own discretion. Mr. Tolo suggested that a sentry might stay out until midnight, but witness replied that it was usual for him to return at about 6.30 p.m. Witness _ said prisoners would have no difficulty in obtaining sparking-plugs on the island, as two pumps there were worked by benzine engines, with sparkingplugs. Colonel Turner's launch was overhauled by prisoners. He could not account for the prisoners being in possession of wireless plant, etc., when tlioy wero recaptured. To Major Pullen: The benzine engines referred to were at present being worked by prisoners, and they would be able to secure the sparking-plugs. To tho President: If the sparking-plugs were taken it would be from six to twelve hour's before tho loss was discovered. , Prisoners Not to Converse.

Privato Thos. 11. Evatiß, of the Motuihi guard, said he was on duty from' 4 p.m. until midnight on December 13. He saw Kirscheiss and von Egidy near Tower Hill in the afternoon, hut that was not unusual. Later, he saw Mcllert, tho exGovernor's servant, and Erdmann talking near the wharf. He dispersed them, and took Erdmann to the guardroom, as it was near roll-call. Erdmann did not demur. ] The guard had special instructions to keep a closo watch on the prisoners, and to disperse them if they wero seen to bo conversing. Francis Wainwright, bugler, attached to tho Motuihi guard, said, on December 13, 1917. ho was detailed as escort to' Colonel Turner's launch to visit Auckland. Whilst, the Germans, Freund and Paulsen, were at Devonport they were never out.of witness's sight. His instructions wero that neither of tho two Germans was to receive parcels. Describing tho return to the island, witness said Colonel Turner ■waited until he saw the launch move off towards tho moorings. Witness waited until he saw the two Germans pick up the moorings, and he then left the wharf. He did not see what became of the Germans subsequently. Witness did not hear Colonel Turner give the Germans any instructions regarding the removal of the sparking-plugs in the launch. No guard met the launch that night; it was not necessarv, as tho escort was always there to see the launch taken back to the moorings. No orders wero given to witness to wait to see the launch taken to the moorings, or the Germans come back to the wharf in the dinghy, or to see that' tho sparkine-plugs were brought ashore. To Major Pullen: Colonel Turner may have given instructions to the Germans to bring up tho sparking-plugs, but the order, if given, was not given in witness's hearing.

Evidence by Moa's Captain. George B. Melrose, a returned soldier, and manager of the Motuihi farm, said one of tho escaped prisoners, Fritz Mellert, was working for him. Witness produced a letter written by Mellert regarding the farm work, which letter was referred to at the Court of Inquiry and subsenuently published. To Major Pullen: Witness knew Mellort well. He had not the slightest suspicions that Mellert entertained any idea of escaping. To the President: There was a boat on Motuihi belonging to the farm. After the escape the boat was found stove in. Captain W. Bourke, master of tho scow Moa, said that on December 16, 1917, his vessel was captured off Red Mercury Island by Count von Luckner and tho other escaped Germans. The escaped men took on board a quantity of provisions, a rifle, sword, a large number of tools, a sextant, photographic material, a camera, batteries, and a wireless receiving plant. The provisions included eggß, oatmeal, cocoa, fowls, and rico. They also had three bombs, or at least articles which the Germans declared to be bombs. Witlutbe provisions they brought on board and the food already on the Moa. the Germans • calculated they had enough to last for five weeks, at the rate of one meal a day. Among tho provisions which the Germans had were four tins of biscuits and a little tinned meat. Tho launch broke adrift during tho night. To Major Pullen : He was not sure of the type of rifle. Tho tins of biscuits were small. There was about 201b of oatmeal and about 301b to 401b of rice. No attempt was made to put the Pearl on board the Moa on the day of tho capture, but it was intended to do so the next day. No water was brought on board. The Germans had 10 benzine tins. Witness could not say if the tins contained benzine, but they were sealed. To the President: Three or four bottles of alcoholic spirit were among the effects brought on board. One of the crew of the Moa drank some of the spirit and became intoxicated.

Col, Patterson's Recommendations. Colonel G. W. S. Patterson, commander of const defences and officor commanding Auckland military district, said that in November, 1917, a scare was caused owing to reports that some of the Germans were about to attempt to escape from Motuihi, He told Colonel Turner about the matter, but did not toll him in a general way of, what steps were being taken to checkmate any escape. On December, 11, 1917, witness left for Wellington on official business. Before leaving he told Colonel Turner that he (witness) was concerned about the launch Pearl. He said to Colonel Turner that he should be careful to put the engine of the launch out of action. "Colonel

Turner said that was always done when the launch wag left at its moorings. To Major Pullen: He remembered Colonel Turner speaking to him about increasing the guard by 11 men during the scare period. At Colonel Turner's request letter was sent' from witness's office to headquarters, Wellington, asking, the matter, but up to the time of the escape no reply was received. Colonel Turner had spoken to . witness about economising and 'about the reduction of the guard. On November 26, 1917, witness wrote to headquarters, Wellington, recommending that the strength of the guard be increased to 30 rank and file, that Count von Luckner and Lieutenant Kirscheiss be removed to some place «by themselves, as they were enterprising individuals, who would be better separated from the other prisoners, and also expressing the opinion that it would be expedient to prohibit any aliens, male or female, from visiting the prisoners on the island, as it was no use establishing a censorship over correspondence if visitors were frequently able to visit and converse with the prisoners. Witness had received copies of correspondence sent by. Colonel Turner to Wellington and vice versa. Witness knew of no instance where Colonel Turner dealt directly with district headquarters. Colonel Turner never looked upon witness as his commanding officer. Colonel Turner's instructions were to deal direct with headquarters, Wellington, according to the terms of his appointment. At all times Colonel Turner corresponded direct with the adjutant-general, Wellington, and witness had never given Colonel Turner a direct order. Witness was satisfied with the way in which affairs at Motuihi Island wero being conducted up to the time of the arrival of tho Seeadler's officers and men. All that witness had to do was to supply the guard as officer commanding the Auckland military district and to supply stores as commander of the coast defence. To Mr. Tolo: During the "scare" period Colonel Turner had never said to witness that he was unable to carry on unless ho was reinforced. At this slap the Court adjourned until ton o'clock this morning. ANOTHER COURT OF INQUIRY.

FORMAL OPENING THIS MORNING. The Court of Inquiry set up to inquire into and report upon the responsibility of Colonel G. W. S. Patterson and Major J. Osburne-Lilly" in connection with tho escape of prisoners from Motuihi will formally assemblo this morning. An adjournment will bo made, probably until Saturday.