A MONTHS GAOL.

Grey River Argus, 8 May 1926, Page 5

A MONTHS GAOL.

FOR BREAKING WINDOW. CASE OF PRISONER WHO GOT AWAY. '» AUCKLAND, May 7. Thomas Smith, who was this week acquitted at the Supreme Court on a charge of escaping from law’ful custody, by making a dash for freedom from a railway carriage in Newmarket Tunuel on February 23, appeared at the Police Court this afternoon, when ho ; had to answer a charge of committing mischief by wilfully damaging a window valued at 12s Gd, the property of the Railway Department. Mr Sullivan represented Smith, who •pleaded guilty. ( Chief Detective Cummings briefly recalled the sensational tunnel happening. Smith, he said, had a long list of previous convictions in Australia and New Zealand. The maximum penalty was two months’ imprisonment, or a fine of £5. Mr Sullivan stated that Smith had been charged with theft of benzine at Taupo some time ago. That charge was dismissed, but at the same Court, he 'was given three months for consorting when the other unfortunate affair occurred, and Smith was found * 1 not guilty” of escaping from custody by a jury of the Supreme Court. Ordinarily, perhaps, a Magistrate might feel disposed to give accused the full sentence, but. Sullivan submitted that in view of all the proceedings, and the fact that Smith had twice been found “not guilty” a fine should be imposed. Mr Hunt said tha\ accused had deliberately broken the window. Mr Sullivan: “Well, the Supreme Court acquitted him on the charge of escaping from custody.” Mr Hunt: “Well, this Court does ,not. He’s sentenced to one month’s imprisonment, to be cumulative ■with the sentence he is at present serving. ’ ’ Mr Sullivan: “Has Your Worship the power to make it cumulative?” Mr Hunt: “Yes. That is provided for in the Act.” In addition to serving a sentence of one month’s imprisonment, Smith was ordered to pay for the window which was broken. ,