COURT-MARTIAL

Dominion, Volume 11, Issue 117, 4 February 1918, Page 6

COURT-MARTIAL

THE MOTUIHI AFFAIR JUDGE-ADVOCATE SUMS UP CASE CONCLUDED By Telegraph—Press Association. Auckland, February 2. The trial by court-martial of Lieu-tenant-Colonel Harcourt Turner was rcBiimed to-day. Tho Judge-Advocate, Colonel Reed, paid he would like to make a statement which was not only due to tho Minister of Defence, hut to Mrs. Langguth. Information had been communicated to the speaker, which, if correct, put a different aspect upon the permit, alleged to have been given by the Jlinistor to Mrs. Langguth to visit the island. He thought it would bo inadI'isable to 'discuss tho matter at present. An inquiry was to be held, and it was probable that the necessary nvplanatkm would be. made at that inquiry. ' The Court expressed a dosire to put Borne questions to Private Hope JohnBton.

Colonel Frederick: When you left Tower Hill, who relieved you, and by whoso authority' did you leave your post before 6.30 p.m.?—" There was no definite post there. I could go anywhere, but I simply went up there beeause I could get a good vi«w of things." Lieutenant-Colonel Sleeman: Did you reo a boat arrive?—"l did."

'Where were you?—" About half-way down the hill."

Colonel J. ; orritt: Did you eeo the launch leave for tbo moorings?—"l did."

Hid you see any Germans about?— "Only two with a cart." f . JJiu you see the cart?—" Yes, I saw it going down to the wharf." Did you see anytliing on it?—" Nothing at all. It was going coal? 'xlie president: Where was tho boat when you arrived at tho sheds?—"l met Colonel Turner at the bottom ot the wharf." < Where did you go then?—"l resumed my walk and turned round at tho t;ato and came back." Where was the launch then?—"At its moorings." What time was that?—" Between 6.20 and 6.30 p.m." Where was the dinghy?—"l didn't see it." Didn't you consider it important?— "I do so now." Tho president: Never mind, what you think now. What did you think then? —"I did not consider it so very important." Where were you wben tho cart passed you the second time J—"Half way from Colonel Turner's bouse." Did you not consider it your duty to question theso 'men, seemg they (should have been in the barracks/ 1 — "iNO." ■Did this cart pass you before you came oil duty or alter ? —"iielore. oennude was iooked upon us trustworthy and was not uiirequently ciuyioyeu on sucn worii atter nours. iirduiaiiu liaa neen assisting Him, and Uierctoru J. Uiu not; mink it unusual." lou were practically me lues man coining oil wane was known as tuo day area? —"les." Was it part ot your duty to see that no one was in the buildings outside me enclosure? —"Wo, sir. iViy duty was to Bee that tho men were m tile enclosure." iiere there is a case where men were outsido?— "les, but they went down before tile time they should havo been inside." Major l'ullcn: Your duty was to patrol generally?— M lcd." Mr. Tole: Orders were that you should patrol between two points?— •uso, 1 uisugree wuu you.' , 'ino presiuuiit: Uu cue approach of a launch a Hag is noisiedr—"rtot in me case of Uoionel lurnur's launch."

Corporal Sliaw, rectuiea, stated tnat ijchmiuc, had been working m the coal uart ror several weuKs. 'i'ney were running short ot coal <thd bchiuidu stated thai* lie was bringing the colonel's luggage up and wouto. uring some coal uacic with him. Wither agreed to this.

Colonel Turner, recalled, stated that the'cart was'talcing uauguter's luggage, tie neard the can going down, and knowing it was an oxtra-ordina-ry thing rang up the guard room. He wad niiormed that ibiiaiv had spoken to Schmidt about the snortness of coal at 4 p.m., and that as the latter only wanted to harness up the iiorse once ho had been given permission to wait and take tue luggage and coal together. Witness was therefore satisfied. The, Judge-Advocate, Colonel Heed, eaid the iirst point was whether the prisoners escaped, about winch there was uo controversy. The second point .that tho Court had to consider was whether iauy of those prisoners were committed to the charge of accused, and whether it was his duty to keep them. The onus of proof lay iirst with the Crown, and finally with.the accused. He recommended that if they found him guilty to do so upon the first charge. A point to which they had to devote most serious consideration was whether Colonel Turner had satisfied the Court he had reasouablo excuse. The question as to whom Colonel Turner was responsible was to bo decided by the Court of Inquiry, and might be considered irrelevant. There were facts to be taken into consideration that Colonel Turner wanted an increase in the guard, that he objected to relatives visiting tho island, and that he objected to Von Luckner and Erdmann being brought to the island. It was known to the authorities that Colonel Turner had a launch, and it was known also that he had to manage on a reduced guard. Colonel Turner knew on the other hand, on December 13, that he had in his charge two dangerous prisoners, both seamen. During the interval between 6.30 p.m. aiid 7.30 p.m., there was no evidence to tdiow he had inquired whether the sparking plugs had been brought up. It was the duty of a military man iu charge to make the best of the assistance he had, and the question was whether ho made the best use of tho facilities at his disposal. The question camo to this: With the guard he had there, did he act as a reasonable man in taking such steps as would bo 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, and when the Court opened again Captaiu Baldwin Tave formal evidence as to the good character borne ,by the accused during his military career. Accused was entitled to the twelvo years' service medal, the New Zealand long and efficient service medal, and the coloniaj and auxiliary forces' medal. He hau also a Territorial decoration dated 1916. The Judge-Advocate asked Major Pullen if he or his client had anything to sav.

' Major Pullen: For what reason? The Judge-Advocate: In mitigation. Major Pullen: How can I make a statement in mitigation when I do not know what the sentence of the Court is ? I cannot assume that Colonel Turner is guilty. Tho president: You know quite well what the procedure is Major Pullen.

The Court closed again for consideration of its finding, which will bo promulgated when confirmed. The Court of Inquiry'to determine the responsibility of Colonel Paterson and Major Oshorne Lilly will open on Monday.