TREATMENT OF ESCAPEE

Dominion, Volume 21, Issue 184, 7 May 1928, Page 7

TREATMENT OF ESCAPEE

ALLEGATIONS AGAINST WARDERS

INQUIRY OPENED

BORSTAL INMATE’S EVIDENCE

(By Telegraph.—Press Association.) Invercargill, May 5.

A public inquiry into the alleged illtreatment of Thomas George Flanagan, a Borstal escapee, at his recapture at Mill- Road last Saturday morning, was opened yesterday and continued to-day. The body of the Court was crowded. Mr. G. Cruickshank, S.M., presided. Mr. Eric Russell watched proceedings on behalf of a witness, W. Baird; Mr. B. W. Stewart appeared for Flanagan; Mr. W. A. Stout, for Warder Kennedy; Mr. Eustace Russell, for. Warder Robertson ; and Mr. G. Reid, for Chlef-M arder Trimble. Mr. D. A. Mackintosh, Inspector of Prisons, represented the Department. Mr. Mackintosh said that the statements regarding rough treatment alleged to have been meted out to Flangan were viewed in a serious light by the Department. “The allegations recently published in the Press,” said Mr. Mackintosh, “must be regarded as a serious reflection, not only upon the officers and management of the institution, bui also upon the Department as a whole, and its policy. If the statements alleged to have been made by eye-witnesses are a true and accurate description of what actually took place it will be obvious that the aims and directions of the Department are not being given effect to by its own officers. We therefore desire the fullest and most exhaustive inquiry possible, and so far as the Department is concerned, no effort will be spared to have the matter thoroughly and definitely cleared up. The Department desires to make it clear that it has not, nor will it ever countenance, anything in the nature of bullying or maltreating inmates.’ The inspector then made reference to the Department’s policy in connection with Borstal institutions. He said that the superintendent of the Invercargill institution, Mr. G. Pollock, an ex-detective, had the complete conndence of the Controller-General of Prisons, and had not spared himself in giving effect to the Departmental policy. Doctors’ Evidence. ...

Evidence was given by Dr. Stanley Brown, who stated that Flanagan was brought before him at a medical parade last Saturday afternoon. He produced a report on Flanogan. Good health, fit to appear at Court,” were the words in the entry. He made no examination, but asked Flanagan if he had any complaints. Flanagan said he had none, and felt perfectly fit after having had a good meal. There were no marks about his face as far as witness saw. Dr. Garfield Crawford, medical officer at the Borstal Institution,, said that Flanagan made no complaints about his health. There was a slight swelling mi his leftt jaw, but no marks dr bruises on his body or limbs, save an old .scar on his shin incurred two weeks before. The swelling on the jaw was not tender. It was consistent with what might have occurred from a blow. To Mr. Stout: He made a very minute examination. Witness would have expected more marked signs if Flanagan had been severely struck. The swelling on Flanagan would indicate that not much force had been used. Questioned by Mr. Russell, witness said that he would have expected the skin to be broken if Flanagan had fallen or collided with something in the dark. James Pollock Peters, a tablet porter at One Tree Point, said that he saw Flam.gan in a car with the warders. Witness saw no marks on his face, and there was no evidence of his having cried. . Cross-examined, witness said that Flanagan appeared to be on good terms with the warders, and made no complaint of maltreatment. Two Eye-witnesses. William Baird, owner of a farm at Mill Road, said that he was at his farm between 8.30 and 9 o’clock on Saturday morning. He saw a tall man walking along the railway line, and noticed three men running toward him. One man called out, “Put up your hands.” Flanagan was carrying a sack, and replied, “It's all right.” He raised his right hand half up, but continuing to hold the sack in his left hand, the warder cried out, “Put both hands up.” Flanagan dropped the sack, and one warder, who had a revolver, ordered the other two to search him. When they found Flanagain had nothing unusual on him they took his overcoat and hat off and proceeded to punch him from all quarters. Witness was about ninety yards away, but could see quite well. Flanagan cried out when he received the first blow, and he received three or four blows from each warder. Cross-examined, witness said that his view- in the incident was unobstructed. Mr. Stout submitted to witness that he should have called out at the illtreatment, but witness said that he did not consider it his duty to do this. He certainly considered the treatment brutal.

Reginald Baird, son of the previous witness, gave evidence on somewhat simil"' lines. Under cross-examination, the witness said taht all the warders hit Flanagan, who, though not knocked down, was staggered.e “Why did your father not interfere?” asked Mr. Stout. “You’ve got to be careful in things like this; you might be accused of taking the prisoner’s part,” replied the witness. . , Mr. Russell: "Were you not surprised t hear Dr. Crawford say that Flanagan had only a slight swellingg on his jaw. Witness: “Oh no. You can have a good fight without having many marks to show for it. Replying to Mr. Reed, witness said that he was sure that all the warders hit the prisoner at least four times. The prisoner's yell on being struck was unintelligible. Flanagan’s Testimony. The appearance of Flanagan in the box created intense interest. He said that Warder Robertson was the first to come up, then Acting-Principal Warder Kennedy, and finally Chief Warder Trimble. As Kennedy approached he called on witness to stop, which he did. Kennedy then told witness to drop the sack he was carrying and put up his hands. Witness did so. Robertson seized witness’s right hand and searched him. Kennedy came up and stood on witness’s left hand side with a revolver in his left hand. Kennedy struck witness on (lie side of the face cither two or three times. Robertson

then hit witness on the side of the face two or three times. While this was happening Trimble was coming up the line. On his arrival he ordered the other two to desist. Witness was then thoroughly searched by both Robertson and Kennedy and escorted to a car. Witness did not ask to see the Superintendent of the Borstal Institute, nor did he ask to see him then or at any other time. Witness was asked if he had any complaints to make about the institution or anyone connected with it, and he replied “No.’ On Monday the superintendent saw him again and said he thought witness had not told him all that he could have done at the first interview. Witness said that he was a bit frightened about making a statement, because when he was first admitted he made a statement which did him no good and only proved his guilt. During the medical examination on Monday witness did not volunteer information to the doctor concerning his arrest. When the doctor asked him how he got the swelling on his jaw witness told him all about it.

Replying to questions, the witness said that the warders punched him with their clenched fists. He was sure he was struck by two warders only Robertson and Kennedy. Trimble did not strike him at all. At this Dage the inquiry was adjourned till this morning. The evidence at the inquiry concluded to-day. The warders denied that thev cruelly ill-treated Flanagan. Angus' C. Robertson, warder, stated that Warder Kennedy called on Flanagan to put up his hands. The latter made a step towards the line, and in the heat of thee moment witness hit him with the back of his hand on the face. Eye-witnesses might have mistaken the movements of the search of Flanagan for violent treatment. Warder Kennedy corroborated this. Chief-Warder Trimble deposed that he did not see any blows struck. The Magistrate will beat counsel befor reporting to the Government.