THE MOT ESCAPE.

New Zealand Herald, Volume LV, Issue 16763, 1 February 1918, Page 4

THE MOT ESCAPE.

COURT-MARTIAL CONTINUE! OPENING OF THE DEFENCE REDUCTION OF THE . GUAM QUESTION OF RESPONSIBILITY GENERAL ROBIN EXAMINEE The general court-martial of Lieutenant Colonel C. Harcourt Turner, ex-commar dant of the Motuihi Island internmer. camp, oji a charge of having negligentl allowed 11 prisoners of war to escape, ws continued yesterday. Colonel N. P. Adarai C.M.G., presided. Captain S. Mellowes, assistant directc I of supplies and transport, Auckland, sai ' he was in charge of the troops on boar the capturing vessel. They numbered 1 men and one non-commissioned.officer. Th capturing vessci first sighted the Mo 1 with the Germans on board at the Kei madecs about 11 a.m. on December 21 1917. The scow was then about 15 or 1 miles away. A chase ensued, and tli Moa was challenged about noon. Tli scow was signalled to heave to, and th Germans replied by hoisting a Genua naval ensign 7. The ensign was painted o canvas. The decks of the capturing vessi were cleared for action, and a shot was fire from one of the six-pounder guns. Tli shot went within 20ft of the mainsail c the scow, which the Germans the brought head to wind, and the head sai were taken in. The German flag was n( lowered by the Germans, but by the ca] turers when they went on board late When the capturing vessel drew near t the Moa a boat put off from the scow an was vowed to the steamer. Witness lecoj nised von Luckner as one of those in tli boat, and he had three other Germai with him. They were dressed as membei of the Steadier s crew would have bee dressed. .Witness ordered von Luckner c board the steamer, and he was seirchei He had no arms. The Wireless Receiving Plant. Later, witness went on board the Mo; and saw Lieutenant Kirscheiss, who ha been left in charge. A search was mac for papers and firearms, but none wei found. The remaining Germans on t! Moa were then sent on board the steame While the officers of the latter vessel wei preparing the scow for towing, a furthi search was made on the scow for expli gives, but nothing was discovered. A the Germans had full kits contained • i canvas bags, such as were given to terr torials. They had a quantity of person; papers and photographs, also one or U bocks, all of which were collected fro; them. The wireless receiving plant wi contained in two boxes, and a quantity < tools in another box. The wireless open tor of the steamer inspected the wirelei plant and said it was complete except f< two crystals. The plant was capable < receiving messages from a distance of 5C miles; it could not transmit message Later, witness discovered that one of tl Germans, Grun, had had the two missin crystals in a matchbox, but they could n< be iound. Witness supposed the crysta had been found by one of the searchin party and thrown away as of no use. .Tl .crystals were about the size of beans. The Germans, continued witness, ha two atlas maps, one of the West Indie and the other of Europe, and a roug chart. The chart consisted of a piece < draughtsman's paper ruled in latitudim and longitudinal lines. The Kermadei were marked in and one' or two' othf islands, but very little land. One of th prisoners, von Egidy, had one round c .303 ammunition in his pocket. This wa the only ammunition found. There wer several plates in the camera, and vo Luckner said they had been exposed. Th ! camera and* plates were handed over to th Auckland police on arrival. Amon other things found were severs springs of watches, a box of genera knick-knacks, six dry-cell batteries copper bottles, oils, a cleverly-made win less condenser, and a well-made electri magneto. Supplies from the Kormadecs. Of foodstuffs they had a model ate supply, including about forty t fifty tins of jam, several bottles of sauce: and pickles. They also had plenty c tobacco, cigarettes, and chocolates. 'Wii nesa was on Curtis Island—the depc which was looted by the Germans-on th day Defore the capture, and he had a opportunity of seeing the amount of foo lat the depot. Later he saw on the Mo : the food taken by the' Germans from th provision' depot, and he estimated th quantity at about two-thirds of the total There was no benzine on Curtis Island There were nine or ten tins on the Mo.i Altogether the Germans had about £12 in monev with them Count Von Luckne had £17, Lieutenant Kirscheiss £15, an the others' about £10 each. Half th money was German coinage, and the othe half British. To Major Pullen: He did not kno\ how much benzine was missing fror Motuihi. He could not say by lookin at the tins if they contained benzine 0 preserved meat or fowls. Ho did no ' know who made the wireless receivin plant; he did not know that some 0 the men who got away from Motuihi wer previously engaged in a large wireles station at Samoa. He did not know if an of the wireless v apparatus belonged to th large wireless installation there. Responsibility for the Guard. Major J. Osburne-Lilly, recalled, sai' he had examined the Motuihi files, bu there was nothing to show that Colont i Turner had made application for th guard to be increased. The district head quarters and Colonel Turner were respor '•i ii. ii . j i-t.i i n m c

SIUIO HIT Hit Uliuiu. vuiuiic" v.. ii. >->• Patterson could have increased the guard. On December 1, at Motuihi, witness had a conversation with Colonel Turner about the Seeadler's men. He said that the safe .custody of the men was Colonel Turner's "pigeon." That was the exact word used. To Major Pullen: When I came up to Motuihi on December 1 I told the adju-tant-general that I intended to come. I always let my immediate superior officer know that I lira going away. Did you come up to give Colonel Turner orders No. The adjutant-general knew you were coming ?Yes. Do you still say you had no control over Colonel Turner?— Yes. The President: In view of the instruction given to Colonel Turner when lie was , appointed, that he was to apply to the district headquarters for guards, would you bo surprised to find on the file at headquarters, Wellington, a request for an increase in the guard?— I would 1 be surprised. Mr. Tole made application to have Sergeant-Major Keogh recalled. lie said he wished to ask him if he signed requisitions on Defence Department forms for the supply of sparking-plugs from J. Burns and Company, Limited, for certain of the German prisoners, including Dr. Endletsberger. He also wished to ask if the naval cadets' had made application to have their sextants sent from Samoa, so that they micht continue their seamanship studies; and, further, if the launch had been taken away from the island for a whole day on j a pleasure trip, leaving tho sergeantma «'or in charge. i The president said the Court had wished to recall Sergeant Kcosh, but, after consultation, it had decided that he should not be .recalled, either bv the prosecution or bv the authority of the Court. Major A. G. B. Price, A.A.G., Auck- , land, was called at the request of counsel for the defence. | Major Pullen : Is the same system of 1 deal'mj with correspondence in force now as' before the escape?— have had a return prepared showing that for a period of three weeks prior to the escape 33 letters or reports having reference to Motuihi were sent through district headquarters. For a similar period since the escape and since the new instructions that district headquarters were to be responsible for affair! on Motuihi, instructions

given since, the escape,the timberwof letters and reports dealtwith wac 146.-V* , Counsel for the prosecution objected-to ! the question being ( raised. ; He said .the < Court" had to deal with.: events as. they took place up to and prior to the escapeThe Judge-Advocate, Colonel J. K. Reed, K.C., said the question was not relevant to the issue, but the Court could allow certain latitude to the accused, and could admit the question. Major Pullen: I wish to clear up tie point referred to by Major Lilly that 95 per cent, of the correspondence went through district headquarters. As a matter of fact about 5 per cent, went through district headquarters. Major Pullen abandoned his first question regarding the amount of Motuihi correspondence passing through district headquarters. To Major Price : Did you from Auckland exercise any authority over Motuihi? —No; we never gave orders. Copies of orders from headquarters; Wellington, to Colonel Turner, were occasionally sent to the district headquarters, but Colonel Turner always sent his reports direct to Wellington, "and generally sent a copy of his reports to district headquarters marked " for general information.' . In reply to Mr. To!e, Major Price said i that all the district headquarters had to I do was to find the personnel of the guard. I not to decide the numbers to constitute I the detachment. I Mr. Tole : Why did Colonel. Patterson J write to headquarters, Wellington, about . the guard being increased to 30 rank and file?— was a recommendatfon that it he increased because of the arrival of the ■ Seea'dler's men. Colonel Patterson had no power to increase the number of the : guard on his own initiative. Colonel ; Turner made a verbal request to Colonel j Patterson for the guard to be increased. I This closed the case for the prose- ; cution. Legal Objections Raised. In opening his case. Major Pullen said lie wished to rase certain legal points. A j Court of Inquiry had been held, and the I proceedings were reported very fully in | the press. It was an injustice to Colonel ; Turner. Colonel Turner was not allowed jtodoas he liked. He was not even i allowed to spend what money he liked for i carefully safeguarding the prisoners of , war. I Counsel said that at a general courtmartial a judge-advocate must be appointed. That was a mandate laid down by military law. In the present case the judge-advocate-general had made himself judge-advocate. Counsel, therefore, contended that the Court was not properly constituted. His second point was that the court-martial had been irregularly and improperly called together. The chargeI sheet was invalid, as it bore neither - place of source nor ' date. .• An j amended charge-sheet was aUo ini valid. The order convening the court- . martial was signed by General Robin, I Genera] Officer Commanding New Zealand [ Forces, and ho was one of the officers blamed in connection with the escape. That was wholly irregular. The chargesheet was not even correct in other particulars. A chaige-sheet must absolutely be signed by the accused's commanding officer. It was signed by Colonel Campbell, officer commanding Fifth, Wellington, Regiment, whereas Colonel Turner s commanding officer was . Colonel. Tate, Adjutant-General. If a charge had emanated from the Court of Inquiry it should have been investigated by Colonel Turner's commanding officer, and Colonel Turner had a right to be present at that investigation, and to demand that the evidence be taken in writing. The investigation, which should be independent of the Court oi Inquiry, had not. been held so far, and Colonel Turner had not been asked if he wished for ( art investigation. Major Pullen also' argued that Colonel Turner had committed no military offence. The charge itself did not fit the alleged offence. It had been brought under section 20 sub-section 2 of the Army Act, which section did not make provision for dealing with a lieutenant-colonel or the j commandant of an internment camp. Section 20 applied to no senior officers. Court Disallows Objections. Mr. Tole, replying to- Major Pullen, said,, in- respect ■• to -the appointment of the . .judge-advocate, that Colonel Reid was appointed under New Zealand not Imperial. He was a high judicial officer in respect to the court-martial, and was a gentleman of 'absolute" impartiality whose ruling could not be challenged.,. His position was more in the interests of the accused person than otherwise. As to the 'charge-sheet not having been properly signed, Mr. Tole said that Colonel Turner was attached to the sth, Wellington, '■ Regiment, which was a portion .of . the 'Wellington Coast Defence force, of which ! Colonel Campbell was commanding officer. ! In respect to the point that no abstract of i evidence had been supplied to the accused, Mr. Tole said that Colonel Turner had all j the information the prosecution had. With ! reference to the contention that ' the'' charge did not fit tho alleged ' crime, the charge could not have been laid under any other section. \, • '.... | The Court adjourned to _ consider the 1 points raised, and on resuming' the president announced that the Court disallowed all the objections. Major Pullen proceeded to call evidence. Minister's Order Cancelled. General Sir A. W. Robin, G.0.C., New Zealand military forces, stated that he was the officer who ordered the courtmartial. The adjutant-general, Colonel Tate, was Major Lilly's immediate superior officer. Witness did not know who cancelled the order of the Minister for Defence that Erdmann was not to be sent to Motuihi. When witness visited Motuihi during the " scare " period he did not discuss the "scare" with Colonel garner. He did not know of the existence of Colonel Turner's request for 10 more men and a subaltern, which request had been forwarded to headquarters. Wellington, by district headquarter?. Colonel Turner's commanding officer was the officer com* manding the district. Any detachment in a district was under the control of the officer commanding that district. Witness remembered meeting Colonel Turner in Wellington in July, when they discussed the question of economy. Cqlonel Turner was referred to the officer commanding the district to see what economy could be effected. At that time witness considered the guard was amply sufficient. Military policemen should have been able to guard | the prisoners on the island. He did not suggest to Colonel Turner that he should I reduce the guard, but only that'he should j consider the matter. The proper channel I for communicating with Colonel Turner as commandant of Motuihi was through tho officer commanding the district.' He wa? I not aware of any orders Colonel Turner [ had had to the ' contrary. Witness knew i in November that Colonel Turner had » I private launch. He suggested to Colonel : Turner that he should always take care I that the launch's engines were put out of action when he was not using tha i launch. j To Mr. Tolo: The discussion regarding economy was purely suggestive. I directed [ Colonel Turner to consult with Colonel , Patterson. Colonel Turner never informed [me that the guard on Motuihi was inI sufficient. I would have supported Colonel I Patterson if he, as officer commanding the district, had increased the guard on | Motuihi. The Court adjourned- at this stage until ten o'clock this morning. SECOND COURT OF INQUIRY. ADJOURNMENT TILL TO-MORROW. .The Court of Inquiry into the escape of 11 German prisoners of war from the Motuihi internment camp, appointed for the purpose of determining the responsibility of Colonel G. W. S. Patterson, officer commanding Auckland military district, and of Major J. Osburne-Lilly, director of personal services, in connection with the matter, met yesterday. Colonel N. P. Adams, C.M.G., presided, the other members of the Court being Majors H. A. Cooper and W. H. Fletcher. On account of the president being engaged on the court-me'.tial of LieutenantColonel C. H. Turner, the Court was merely opened in order to comply with the formalities, and then adjourned until to-morrow, when it may be adjourned again if the court-martial proceedings are not then concluded. j