MOTUIHI COURT MARTIAL

Taihape Daily Times, 31 January 1918, Page 4

MOTUIHI COURT MARTIAL

COLONEL TURNER ON TRIAL.

The trial by court-martial of Lieut.Colonel Turner, late Commandant at

Motuihi internment camp, was continued at Auckland yesterday. The Hon. J. A. Toie K.C., appeared, as counsel for the prosecution (Captan Baldwin) and Major J. F. Pullen for Colonel Turner. »

Mr Tole , in opening, briefly traversed the charges, covering the ground already familiar to the public by the evidence in the previous inquiry. The question, he said, was for the Court to determine whether Colonel Turner had contributed to tne escape of the prisoners by negligence and whether if he had, there was anjr reasonable excuse.

Major Pullen stated that he had some four points of law to raise, which he was convinced would shorten the time of the Court.

The President (Col. N. F Adams) ruled that these points were irregular at the present time, but could be raised later in counsel's opening address. The points should reallyTiava been raised at the end of the charges. If there were any questions of fact which could shorten the proceedings however, they might, perhaps, waivethe ruling for that purpose. Maojr Pullen stated that the points would probably shorten the proceedings by one or two days, and might also do away with the necessity of evidence for the prosecution. The President stated that the Court was of the opinion that the points should be taken at the proper time.

DEALING WITH HEADQUARTERS.

Major James Osborne Lilly, 17th Ruahine Regiment, Director of Personal Services, produced the certified appointment of Colonel Turner a* Commandant of the Island, and In which it was stated that he would be required to render a weekly return to Headquarters, New Zealand Military Forces, Wellington, on the subject of the prisoners of war placed under his charge, also 0 n all matters relating to their health, housing, and welfare. Witness produced reports from Colonel Turner regarding the prisoners from time to time, including his report that they had escaped. He stated in this that he returned from Auckland at about ,6 p.m., having two prisoners in the launch and one escort. It had been his custom to caution the prisoners to bring .the sparking phr§s to him at once, and on this occasion he had again done so. Usually he looked to see if the launch had been made fast to the moorings, but on this occasion he had not done so. There was one case of benzine on the launch in the morning which was not used. In the afternoon, the carter, Schmidt, was given two cases of benzine to the outer pump, a nd he (Colonel Turner) had reason to believe that these were placed in the boat. He detailed his subsequent actions, as published in the evidence given at the Court of Inquiry, regarding the steps taken to or. ganise a search for the escaped men. CAME UP AS STAFF OFFICER.

Cross-examined by Major Pullen, witness stated that he was not in charge of the prisoners, though it was his duty to deal with there. Most of the letters from witness would be directed to Col. Turner through District Headquarters

Major Pullen: Why do you not produce the warrants for the" prisoners, instead of receipts?—l was not aware there were any warrants till I had been informed of the fact by Col. Turner. I suggested to Kim that he should have warrants, if only for his. own protection, in the event jfc the question being raised as to why any particular prisoner was not there. Continuing, witness said he was not responsible for the place of internment of any prisoners. It was quite possible for a prisoner to arrive at the island and that witness would only be informed of the fact by the Com* mandant of the island. Major Pullen: Are you not staff-of-ficer to the A.G., and are you not qualified to give orders?—Yes.

When you came up in December, why did you come up?—The Minister of Defence visited the island on Not vember 10, and noticed certain un regularities, to which he drew attention_ A letter was written regarding the matter, which was sent direct to Col. Turner. The matter appeared to he pressing, and I considered that iti I had an interview with Col, Turner I would be better able to understand his reply.

Major Pullen: You came up as a. staff officer; did you give any orders to Col. Turner?—No.

Did you make any report to headquarters?—No. 4Jr Did Col. Turner not apply for tea additional men and a subaltern?—No, •he told me he had applied for an ad* ditional ten men. Did you as a staff officer not"HporC on that?—No.

You suggest that this island is under the control of District Headquarters?—Yes. ' .

Why, then, come up hcre> I wasftncerned about the

matter , _ Did you not suggest to Colonel Turner that he should have signalling apparatus on the island?-I did not I told him that I did not think he should be left "in the air," and that he should apply for signalling apparatus.

MATCHES AND GUNPOWDER.

Major Pullen asked if witness was acquainted .with a section of the Laws and Usages of War providing for the internment of officer prisoners of war in a place separate from the men, and their safe* custody. Witness replied that he was not. Major Pullen: You mean to say you are not conversant with so important a section as that? Major Lilly: Can you tell me what clause 15 of the Land Transfer Act is?

The President (to witness): must not ask questions.

You

Major Lilly (to Major Pullen): Do you know the reason why that clause was brought into operation? It was to preserve the dignity of the officers. Major Pullen: Do you know why matches are not put together and lighted with gunpowder? It is to prevent the occurrence of happenings such as that at Motuihi.

Do you remember a prisoner named Erdmann? —Yes.

You knew the Minister had forbidden his transfer, and yet you sent Mm up?—Yes.

You knew he was a sailor?—Yes; but the instructions for his transfer emanated from Captain Hall-Thomp-

son

Re-examined by Mr Tole, witness stated that Colonel Turner had never pretested against the internment or these prisoners of war. The President: You have repeatedly used the words, "I issued instructions," how do you explain that? —It was a misuse of the personal pronoun. The orders were sent from the De-

partment. The President: Were these, letters sent by you as Director of Personal Services or were they on behalf or your immediate head, the AdjutantGeneral? —In some instances tbey would be signed by me as Director of Personal Services, and in some on behalf of the Adjutant-General. The President: "Was Erdmann sent up in response to a letter from Colonel Turner? —On October 18 I had a ru« over the telephone from the senior naval officer, who forwarded a request from Count von Luckner that Erdmann be sent up" as his orderly. I sent this to the Chief of the General Staff, and received his reply that day, and it- is possible that his reply and i the request from Colonel Turner were simultaneous. I am quite willing to .believe that it was in response to the i Naval Adviser that the transfer was made.

S.N ANONYMOUS DOCUMENT

be. Clair Keogh, of tub ij*visional signalling Company, in cuarge of tne guard on the island,

gave evidence regarding the instructions ii'Ote. Coiouei Turner for the saleguarding 01 the prisoners, the latter pointing out that the naval officers were dangerous men. He gave evidence regarding the dispositions on the island generally, and stated that the launch Pearl was brought to the island about May, 1917. He thought it was near the end of November that the sparking plugs were removed from the launch at his suggestion He made the suggestion to Col. Turner because of an anonymous document that had been received. The documtjat was as follows: "Loock" your liianch, there is proviant benzine, ana sail for runaway to-day, Don't mention this." The communication was written on a square piece of card, and was marked "important" in fed ink, and addressed to Colonel Turner. Witness, continuing, stated that surprise visits were occasionally made to the quarters of the Seeadler's men. He detailed his evidence given at the Court of Inquiry regarding the escape of the prisoners and the steps taken subsequently. Sergt-Major Keogh, continuing after the luncheon adjournment, stated that the launch had no riding light, and it would not be possible for the sentry to se her on dark nights. It would be possible for any visitors to bring sparking plugs to the island without discovery. There was no instruction for the patrol to inspect "tne telephone line in the trees. The prisoners were to be in at 6 p.m., but there was no roll-call of first-class prisoners, although there was a rollcall of second-class prisoners at 6 p.m. and 9 a.m. First class prisoners were su PPosJ*to be in barracks at 8 p.m. Between tt.45 and 8 p.m., therefore, there would be no check on the firstclass prisoners.

by Major Pullen, stated that at 6.30 p.m. the prisoners had to go inside the barrack yard, but the time varied according to the seasons. The inquiry is proceeding.