PADDLED ACROSS.

Auckland Star, Volume LIX, Issue 28, 2 February 1928, Page 10

PADDLED ACROSS.

RAFT OF DRIFTWOOD.

DARING ESCAPE FROM

ROTOROA.

MAX'S PERILOUS ADVENTURE

UNIQUE DEFENCE RAISED,

Last Thursday Ross Thompson Munro (41), a voluntary inmate of Rotoroa Inebriates' Island, made up his mind that he would no longer remain there. At 11.30 p.m. he went down to the beach, fully dressed and with all his effects. He looked across to Ponui Island, better known as Chamberlain's Island. The three miles across the strong currents looked a long way. There was no boat available in which to make the other shore and it was too far to swim, so Munro collected two pieces of driftwood. These he tied together. He eat on one end and placed his clothes and other effects on the other end, so that they would not get wet. However, before he had gone very far, one of the logs, being particularly porous, became waterlogged and sank. After paddling and swimming at intervals lie at last made Ponui Island about three o'clock the next morning. He succeeded in keeping his clothes dry, and, after a rest, came on to Auckland. As a sequel to this perilous adventure Munro came before Mr. E. C. Cutten, S.M., at the Police Court this morning, charged with escaping from Rotoroa Island. Represented by Mr. Fotheringham, he pleaded not guilty. Voluntary Inmate. Mr. Fotheringham admitted that Munro escaped last Thursday nijjht. but he subsequently reported himself to counsel and later to the police. Since then he had been at liberty on bail of £f>o. Counsel then made known his unusual defence of the charge. He contended that Munro was not an inmate of the home, as described by law. He had been committed there by Mr. Cutten last October, under section 7, as a voluntary inmate. He had no previous convictions for drunkenness. Under section 5 of the amending Act, having no previous convictions, he ought not to have presented himself to the magistrate. If he did so, then he was asking Mr. Cutten to exceed his powers under the Act. Therefore, said Mr. Fotheringham, Munro was not legally committed. As a further line of defence counsel submitted that Munro had since been legally discharged. On December 24 last the superintendent gave accused four days' leave to visit his wife, who was said to be sick in Auckland. Senior Sergeant Cummings: Not the superintendent—the Justice Department. While on parole leave in Auckland, Dr. Murray, the visiting medical officer to the island, saw Munro and considered that it was necessary for him to have dental attention. So Dr. Murray gave him three extra days' leave, on condition that Munro telegraphed the superintendent and acquainted him of this. Munro did so and Major Home gave his assent. "Dr. Murray had no power to grant this extra three days, and Major Home was not entitled to give the four days' leave," said counsel. "By doing bo he automatically discharged Munro from the island. If officers choose to exceed their powers it is beyond Your Worship to punish this man now." Question of Leave. Senior Sergeant Cummings submitted that Munro had been lawfully committed Under the Act and that the warrant issued by the Court to detain Munro on the island for 12 months was held by Major Home.. Further, that accused was handed over to Rotcjroa Island, which was a certified home, but not a State institution. He was in custody and he escaped. It would not be denied that Munro was granted four days' leave and that Munro telegraphed to Major Home wlien Dr. Murray gave him the extra three days' leave to have his teeth attended to. Munro was not on leave when he escaped and he went away fullv dressed, leaving his old clothes behind. It was not until January 31 that his counsel informed the police. Mr. Fotheringham: "January 28 and 29 being holidays, of course." Mr. Cutten: What jurisdiction have I to upset this warrant, Mr. Fotheringham'/—I am not suggesting that you have any. You are trying a case of escaping from custody and not deciding whether this warrant is good or bad. Mr. Cutten: You are arguing that the warrant was discharged?— That Munro was discharged when the superintendent was holding him "on the island is what I am arguing, sir. "Well, he was kept there under warrant," said the magistrate. " No, he was a voluntary inmate of the island," replied counsel. "My client did not know the law before he went back on December 31. Later he asked Major Home to show him a certain section of the Act, and, after some hesitation, the superintendent showed it to him. He then knew the law and on that very day he escaped. If the superintendent gives him more than 24 hours' leave he has no power to take him back. Whether by intent or by carelessness I on the part of Major Home, Munro was discharged." Week's Leave Granted. Major Home then gave evidence and produced the warrant signed by Mr. Cutten. He admitted that Munro was given four days' leave and that witness agreed to him being granted a further three days by Dr. Murray. On writing to the Justice Department about the matter, witness received an official reply stating that his action was approved of by the department.

Mr. Fotheringham again said that he would like to see that letter.

Major Home added that he had discretion to grant two days' leave and to notify the department of this. Senior Sergeant Cummings: If counsel's contention is correct and if an inmate is sent to the hospital and remains there for more than 24 hours, he is automatically discharged. ' 9 precisely the case," said Fot heiingham. " The Justice Dctfnn. ? has made 011 sorts of regulaftnd covor a number of institutions officer aw* S,ln J e that there is a medical But th, ™ T? at these Hut the regulations do not applv m comrkrvus, v'-s v not stationed." "Mical officer is