BRIEF LIBERTY

Evening Post, Volume LXXXVI, Issue 35, 9 August 1913, Page 6

BRIEF LIBERTY

CONVICTS CHARGED WITH HOUSEBREAKING ARRESTED IN CIVIL'MIIHMRB PRISONER'S" WASTED* ELOQUENCE. Several articles of wearing apparel branded With the broad arrow were pro* duced at the Supreme Court to-day during the-hearing of a charge of housebreaking gainst Patrick Donovan, before his Honour Mr. Justice Chapman. Thomas John Lewis, who was also conjointly charged with the same offence, pleaded guilty and was ordered to stand down while Donovan was being tried. The prisoner Donovan was unrepresented by counsel, hut conducted Iris own defence, challenging several of the men whose names were called as jurymen. The charge was that accused (in conjunction with Lewis) cm 10th May did break into the premises of Ghas. Limburg* at Northland, and steal therefrom *«one overcoat, two pairs of trousers, one coat, three pairs of underpant*, and other articles of apparel, of a total value ~<of £4 8s sd. Mr. •P. S. K. Macassey, Acting as Crown Prosecutor, in detailing the history of the robbery, stated :4hab Mr. Limberg, who resided at the ''Universal Stores at Northland, locked tip his house at 11 o’clock on the night rof 9th May. He left the kitchen window open three inches from the top. The (accused, DonOvah and Lewis, it was alleged, had entered thq house and stolen ■‘the articles mentioned therefrom. In "the morning, soort after 6 o’clock, Mr. .'Limberg found that his trousers werevtoissing, and later missed other clothing. On the floor were found a leather belt and a gag. That same day the two ac- - cased were arrested at Makara and were ■Wearing the articles of clothing that had .been missed by Mr. limberg. They ■JlStl sandbags in their* possession at the ■time. Not long afterwards a bundle of •convicts’ clothing was found in the '■Vjeinity of Mr. Limberg’s bouse. ;; GAOL-BREAKING EPISODE. V; Charles Limberg gave evidence as to the theft of the goods from, his house. , Chief-Warder Knight, of the Terrace ’Gaol, stated that the disappearance of 4he two men from their cells was not •discovered until I o’clock on- the momingof the 11th. The witness was cross-exammedi*by* the prisoner, who asked, '“'What woofd' L *do with a sandbag?’’ ’ witness; Knock someone out. How many doom would I have to. get . through besides my -cell door to get out? •“Three.

Did the guard-on duty see ue? —No it’s a good job for you he dkhrT. ' John Dempsey, acting-detective, said •he saw Donovan in his cell after the occurrence, and accused him of breaking and entering. Donovan replied, “I didn’t break into any place. You have to prove it.” The evidence for the Crown having ■concluded, tho prisoner was asked if he would like to give evidence in his own behalf. “I would like to,” he replied, in a dramatic tone, “ but when . I was a boy at school I learned a little poem—- '' Won’t yob walk into my parlour? said the spider to the fly.’ I gave evidence once before, and as his Lordship (indicating the Judge) knows. I was under , a battery of artillery all the time, and had no more Chance of coindhg through than an English ship has of coming •through the Dardanelles.” As his only witness, the prisoner called Lewis, who stated he was toblame for the escape, and told a story of breaking into Limberg’s house, steal- i ing tho apparel, changing his attire Athere, and handing a bundle of clothing out of a window to Donovan. While he was cross-examining Lewis, the prisoner incidentally remarked, “I consider that on the night of the escape I was in possession of the prison and could have taken what clothing I *likcd.” PRISONER’S APPEAL. With a touch of eloquence and it command of English that indicated an education much above the average received by those who are transgressors of the law, Donovan addressed the jury, “As I had no standing account to my credit,” he remarked in his •exordium, “I was unable to secure legal assistance. I am handicapped in my •task because I have not the talent of a Montague Williams, nor yet the talent of an Edmund Burke. The only evidence against me is that I was found in possession of a bundle of rags that would make an IshmaeKte blush. And when 1 heard the value placed upon them it gave me such a shock that I am afriad I will suffer from neurasthenia for the rest of my life. As the illustrious Burns has said the beasts of the field have sympathy with other beasts, but man has no sympathy for his fellow man. But I hope that there are still in Wellington twelve •honest men on the jury, and I appeal to them. ...” After ten minutes’ retirement the jury returned with a verdict that Hie prisoner had been guilty of receiving stolen property. The prisoner was asked if he had anything to say why sentence should not ho passed on him, and replied that he bad had no intention of committing any further crime-, but wanted to get away from the country. Mr. Macassey informed his Honour that the prisoner was regarded as a very desperate criminal. He had been convicted of assault and robbery in Febru ary, 1913, and had escaped twice from custody. He had also a conviction in Tasmania, and it was also pretty certain that he had a notorious record in South Africa. He had been declared an habitual criminal. ‘T was only an escaped prisoner ” commenced the accused. His Hdnour (interrupting): “With a bludgeon in your possession.” ‘ Donovan: I don’t admit that. I had a bludgeon. I did not commit any crime. The prisoner was sentenced to three years’ imprisonment to be cumulative on the sentences lie was already serving. THREE TIMES All “HABITUAL.” Thomas John Lewis was then placed in the dock for sentence. At a very rapid rate ho read a statement in which he set forth his past career. He complained that he had been misrepresented at his trials in the past, and that it was very difficult for a man who had been declared an habitual criminal to live down the past. In spite of this, however, if he was treated leniently this time, he would endeavour to serve his sentence in good behaviour, and once more become a usefnl member of society.

The prisoner’s record was a black one. It comprised convictions for various serious offences, including assaults. Twice he had been declared an habitual criminal.

Mr. Macassey remarked that there was no doubt that Lewis had acted under the influence of Donovan.

His Honour said that the prisoner seemed to have acquired the distinction of having twice been declared an habitual criminal. Ho had seven convictions against him, and it was almost impossible to inflict any further punishment. He would also be sentenced to three years’ imprisonment, to be cumulative on the terms he was now undergoing. and would be declared ail habitual- crinunu’