MOTUIHI COURT MARTIAL.

Taihape Daily Times, 4 February 1918, Page 5

MOTUIHI COURT MARTIAL.

HEARING CONCLUDED,

The taking of evidence in the trial by court-martial of Turner, late commandant of the Motuihi Internment Camp was concluded on Friday. The addresses of counsel for both sides were then delivered after which the Judge-Advocate (Colonel Eeed) summed up. He stated it was unfortunate that counsel for accused should have made attacks upon persons who ■were not present. He asked the Court not to allow this to influence them against the accused. One point, however, required to be mentioned —that was the statement that three who ■were not present had red round their hats. This was most unwarranted, particularly in view of the Court of Inquiry that was pending. A general inquiry was held regarding the escape from Motuihi. It was generally agreed ' that one person was to some extent ! responsible and for that reason he was I present. The others had not been I charged because a preliminary inquiry would be sitting now were it not for J the faqt that the court-martial was j not yet concluded. The duty of the j court upon consideration of the three charges was, if they found accused not guilty, to do so upon the throe charges. If they found him guilty

they must then decide upon which of three charges he was guilty. The first point was as to whether the prisoners escaped, about which there was no controversy. The second point that the Court would h avo to consider was whether any of those prisoners were committed to the charge of the accused, and whether it was his duty to keep them. The onus of proof in regard to this lay first with the Crown, and finally with the accused. Jlc rc- • commended that if they found him guilty, to do so upon the first charge. The point to which they had to devote their most serious consideration was whether Colonel Turner had satisfied the Court that he had .a reasonable excuse. The question as to whom Colonel Turner was 'responsible, was 'to he? decided by a Court ,of. Inquiry, and ! might be considered irrelevant. There | were the facts to be taken into con--1 sideration that Colonel Turner wanted 1 an increase in the strength of the guard, that he objected to re- , latives visiting the island, and that : he objected to von Luckner and Erd- ! mann being brought to the island, i These were matters which had been ; supported lay the evidence. Higher ! authorities acquiesced on the reduc- | tion of the guard, and were respons- ! ible for von Luckner and Erdmann goI ing to the island. It was known to t the . authorities that Colonel Turner ! had a launch; It was known, also, | that he had to manage a reduced j guard. Colonel Turner kue\y, on the ' other hand, on December 13, that he had iu his charge two dangerous pri--1 sobers, both seamen. He knew and j must have known that the only methjod of escape was by-water. He ’ knew | that he had an insufficient guard; that relatives of the prisoners had been visiting them; that the patrol would come off Tower Hill about 6.30 p m. He had been warned by General Robin to put his launch out of action, anfi he admitted that' he considered that essential. He had net been satisfiec with the mere removal of the sparking plugs, but had removed also the cylinders. He was aware that two German prisoners were in charge of the launch. He had found them decent men, and did not consider that thejf would escape. The launch was left entirely in their hands with instructions to bring the sparking plugs and cylinders up to his house. During the interval between 6.30 p.m. ana 7.30 p.m. there was no evidence to show that he had inquired whether the sparking plugs had been brought up. It was the duty of a military man in charge to make the best of the assistance he had, and the question was Avhether he made the best use of the facilities at his disposal. The ques tion came to this: With the guard ho had there, did he aet as a reasonable ““ “ takmg such steps as would bo effective in preventing an escape’ It alter consideration of the circumstances they considered there was a! reas„ naWe doubt the titled to the benefit of it.

6 our t was then closed for the P 7 i ose considering the verdict, en the Court was opened again a Pt. Baldwin gave formal evidence as to the good character borne by accused during his military career. Accused was entitled to the twelve years’ service medal, the New Zealand long and efficient service medal, aud the colonial and auxiliary forces roedal. He had also a Territorial decoration dated 1916.

The Judge-Advocate then asked Major Pullen if he or his client had anything to say.

Major Pullen: For what reason 1 ? 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 Col. Turner is guilty.

The President: You know quite well what th e procedure is, Major Pullen

The Com i v.as then closed again for the consideration of the finding, which will be promulgated when it has been confirmed by the confirming authority.