SUPREME COURT.

Auckland Star, Volume LVII, Issue 103, 5 May 1926, Page 9

SUPREME COURT.

A LEAP FOR LIBERTY. ESCAPE rSOM CUSTODY. , TECHNICAL DEFENCE RAISED. ] . .v, = Str-rems Court Oris morning. v-fL- Mr "justice Herdman and a jnxyr s Thanus Q mitii was charged that on irebJJJ; S3 last at Auckland be did escape f fewa lawful custody. - J J. Sullivan appeared ior tse _ aMosed/iriu pleaded not gnSty. ' Iβ ooilinrag the Crown's case. Mr. > c t paterson said that evidence wcrald ' Kp called to show *3ot accused had been j : >d is custodr on a charge 01 then. " H= was handed over to Constable John- J 7" *o b= taken by the express to Boto- < to be tried there. DetectiTe Ham- ' Sand joined the party at the Auckland I •p-MxaV Station. "When the express « Prised the Farcell Tunnel accused made I a retmest to £X> to the lavatory, and -""as sccoifanied" by Constable Johnson. 1 AcrT . = Id =TiddeaiT slammed the door, i Incfed k broke the -sindow, and jumped s He Tras subsequently arrested at t P °|Sedmg. Mr. Paterson said ih»t he -srished the tnrvmen to keep out 01 - 3 C.i ; sometaiag that they might have 3 «ad about the ca=e- : *~Mr. Sullivan: mention should be 1 Bis Horn»: It should not be mentioned . given by Constable John- \ =on and Senior-Detective Hammond. lie ■ trtxs -aid that when Smith broke tte. , ivatoTv window, he (witness) looked , oat Of "another window test in time ,0 S* Snmh leap towards the wall 01 the ; azd faU on his feet TCraess «m=ide:-ed -thai lie would iave broken . fox accused was fetitnted. Before leaving Auckland wrtesolaiaed to Constable Johnson that c charsa of theft- of benzine was to be preferred asainst accused. F Mt. Sullivan: The theft charge was aiiEissed at SotornaC W. HeT*e gave evideace in reeard to the rearrest of acenaed. ■\if SaHivan said tae defence wtmld. tie flat accused was not held in lawM Sswdv. and a crime had to be » tae cofl" before it could be punished. B p CahilL solicitor, gave endenee i2iat the theft charge against fcmith at Eotorna was dismissed. To Mr. Paterson: Anotnef charge was ureferred asainst accused. * Mr StQlivan: That is not «kT*B*. In t<? a further question by Mx. Paterson.'witness said feat the second <&arge was one of vagrancy. Sr. Sullivan asked that his objection should be noted. Addressins the jurr. Mr. SnEivaa eonteu'ed that Smith was held on a warrant rsquirms him to be held in the Auckland prison until February 24, and, ihereiore, ronH not be charged in escaping irom leal cnslodv in tie ParaeU Tiraxsel on Feteary 23. It was impossible to get fsraj from the docnment. His Honor, in addressing the joryt taid it was a case of extreme simplicity. A -itarrant was signed hy Mr. Ppynton, directing that accused -ionld be CTnreyed to Auckland prison, and farttrer "mstrncring tie _gaoler to aare accused at Sotoraa on jrebmary 24- He directed tie jury that Smith was in lawful easvodv at the time of his escape. 1 Tie warrant was suSdent for the gaol 1 Enthorities to hssid Smith over on Feb- ] man- -23. The further defence raised feat Smith had been acquitted at Boto- j rca could not be extended to acensed. Hot GtnKy. After two hours' deliberation, tke jaxy returned a verdict of not gaiity. A SEEIOUS CHARGE. . Hobert TTilliam Thompson (Mr. SnDiran) pleaded not guilty"_to a charge of iadecect assaclv on a male.