"NOT GUILTY"

Evening Post, Volume CXI, Issue 107, 6 May 1926, Page 5

"NOT GUILTY"

JURY DECLINES JUDGE'S RULING

AN ESCAPE TROUGH A TRAIN A.xNDOW.

(By Telegraph.—Preas Association.)

AUCKLAND, uth May. At the Supremo Court this morning, before Mr. Justice Herdman, Thomas Smith was charged that on 23rd February last, at Auckland, he escaped from lawful custody. Mr. J. J. Sullivan appeared for accused, who pleaded not guilty. , In outlining the Crown's case, Mr. S. L. Paterson said that evidence would be called to show that the accused had been held in custody on a charge of theft. He was handed over to Constable Johnson to be taken by the express to Eotorua to be tried there, Detective Hammond joining the party at Auckland railway station. When the. express reached Parnell the accused made a request to go to the lavatory, and was accompanied by Constable Johnson. The accused suddenly slammed the door, locked it, broke the window, and jumped out. He was subsequently arrested at Pokeno. Mr. Paterson said that he wished the jurymen to keep out of their minds something they might have read about the ease. Mr. Sullivan: "No mention should be made of it." His Honour: "It should not be mentioned at all." Evidence was given by Constable Johnson and Senior-Detective Hammond. The latter said that before leaving Auckland witness explained to Constable Johnson that a charge of theft of benzine was to bo made against accused. Mr. Sullivan: "The theft charge was dismissed at Kotorua?" Witness: "Yes." Mr. Sullivan said the defence would be that the accused was not hold in lawful custody, and a crime had to be in the code before it could be punished. Addressing the jury, Mr. Sullivan contended that Smith was held on a warrant requiring him to be held in Auckland prison until 24th February, and therefore could not bo charged with escaping from legal custody in Parnell tunnel on 23rd February. It was impossible to get away from the document. His Honour, in addressing the jury, said that it was a ease of extreme simplicity. The warrant was signed by Mr. Poynton, S.M., directing that the accused should be conveyed to the Auckland prison, and further instructing the gaoler to have the accused at. Kotorua on 24th February. He directed the jury that Smith was in lawful custody at the time of his escape. The warrant was sufficient for the gaol authorities to hand Smith over on 23rd February. The further defence raised that Smith had been acquitted at Eotorua could not be extended to accused. After two hours' deliberation, the jury returned a verdict of not guilty.