EVE OF EXECUTION.

Manawatu Herald, Volume XLIX, Issue 3833, 18 August 1928, Page 3

EVE OF EXECUTION.

THREE MEN REPRIEVED. THE ROYAL PREROGATIVE. London, August 14. Three men reputed to be members of a blackmailing gang were reprieved dramatically on the eve of their execution, following the Home Secretary’s audience with the King. They are Percival Taylor, James Weaver, and George Donovan, who had been convicted of the murder of Ernest Smith, aged 67 years, a retired druggist of Brighton, who was attacked on the night of 14th March and taken to the Downs, where he was robbed. Smith struggled home, and was found by his wife on the doorstep. His death occurred a fortnight later, and was stated to be due to septicaemia following his injuries. The defence that Smith did not die from injuries, but from illness, failed. Since the men’s conviction many alleged facts have been brought to light, supposedly exonerating two of the condemned men. INNOCENCE PROTESTED.

Letters frantically declaring his innocence were written by one of the prisoners in gaol to the Home Secretary, and frequent consultations between the police and the Crown authorities culminated in an announcement on Monday that there were no grounds for a reprieve, and the execution was fixed for to-morrow.

Everything was ready to-night, when Sir William Joynson-Hieks, following long consultations at the Home Office, announced a reversal of the decision and advised the King to grant the substitution of life imprisonment. The decision is believed to be unprecedented in criminal history. lii no previous case has a reprieve been granted on the eve of an execution after a refusal to interfere. The executioners were already in the prisons, and everything was in readiness. Distressed relatives, all poor folk, had had their last interviews. One of them had to pawn a wedding ring to make the journey to the gaol. HOME SECRETARY EXPLAINS.. In connection with the reprieve, the Home Secretary, Sir William Joynson-Hieks, has authorised the following Home Office statement : It is unusual for the Home Secretary to make any statement about capital cases, except an official notification of his decision, but as Parliament is not sitting and the Brighton murder lias excited public interest, the HoiTie Secretary thinks it desirable to amplify yesterday’s official statement.

It is not within the competence of the Home Secretary to re-try a case. The jury found the prisoners guilty, and the Court of Criminal Appeal upheld the conviction. The Home Secretary’s proper and only function is to decide whether, when a prisoner is convicted of murder and sentenced to the only penalty prescribed for the crime of murder, there are any circumstances to justify recommending a mitigation of that penalty, or whether the law should be allowed to take its course. The Home Secretary, in considering the question, is bound by no rules of procedure. * The Home Secretary thinks it desirable to point out that the recommendation for the exercise of the Royal prerogative does not reflect upon the justice of the jury’s verdict or the decision of the Court of Criminal Appeal, but he felt just that element of doubt making undesirable the infliction of the irrevocable penalty. There are many precedents for commuting sentence of death in cases where the Home Secretary has felt it unsafe to allow the irrevocable penalty to be inflicted.

At the hearing of the ease referred to in the message at the Brighton Police Court, Mr. R. M. Howe, prosecuting counsel, related how, on the night of April 14, AH'. Smith was attacked on the Brighton front and taken away in a mo-tor-car to the Downs, where he was robbed and battered. When he managed to reach home, his wife did not know him, and slammed the door. On deceased’s clothing was found white, brown and green fluff, and from this due the police commenced their inquiries. It was discovered that early this year Donovan bought a motor-car cheaply and sold it to the other two prisoners on April 5. Taylor and Weaver resold it on April 23 with a view to it being broken up. When the police examined their car they found a torn cushion which contained brown and white wadding, similar to the fluff on (Mr. Smith’s clothing. There was also a green mat, the pile of which was like the green fluff on deceased’s trousers. “There can be no doubt,” declared Mr. Howe, “that on the evening of April 14 Mr. Smith was in the car.” He added that there was evidence that the three prisoners were in the company of an elderly man, similar in appearance to Air. Smith, and all returned home about ten o’clock. Mr. Howe gave a dramatic narrative regarding the movements of Donovan after the night Air. Smith was attacked. He explained that, before Mi\ Smith’s death, Taylor was interviewed by Detective-Sergeant Wells. Accused then remarked, “The car has been smashed up,” and asked, “Can the old man identify us?” At that time nothing had been said to Taylor about an old man or a car, and no mention about the affair had been made in the press. When asked to account for his movements on the night in question,

Taylor declined to answer. Weaver also refused to account for his movements. Taylor and Weaver were taken to the police station, but were afterwards released. They were re-arrested after Mr. Smith’s death.

Mr. Howe stated that Donovan had done no regular work since Christmas. After the attack he went away for three days, and when lie returned he was wearing a new overcoat and new boots. The next day Donovan took his wife in a car to Bognor, and on the following day to the London Zoo. When Taylor and Weaver were taken to the police station, Donovan left the town, and visited various places. On May 10, he arrived in Hastings with his wife and child and secured lodgings with a Mrs. Spragg, whom he knew. He afterwards obtained work as a carpenter on a building opposite the house where he lodged. It was alleged that he stated to Mrs. Spragg:— “I do not want to be found out, as I had to clear out of Brighton. I robbed an old man of £ls 10s and a watch and chain, and we left him on the pathway; but he will not live to tell the tale, so I cleared out of Brighton. Weaver and Taylor were in the back of the car. I hit him on the jaw, and as lie went down the other two robbed him.” Mrs. Teresa Kate Smith, widow of the dead man, stated that her husband retired from business many years ago. He usually went out in the evening, either with her or alone. On the evening of April 14, he went out by himself about 7.30, but did not say where he was going. He was wearing a blue suit, a brown mixture overcoat and a trilby hat. He was in the habit of carrying a square note-case, in which he usually had several notes. He also carried a gold watch, with a gold and platinum chain. Mrs. Smith added that about 10.15 p.m. her husband eame N home in a taxicab, and was standing by the door when she opened it. Witness did not recognise him, and was so terrified at the sight of him'that she shut the door. Her husband afterwards spoke and she recognised his voice. Medical evidence was given regarding the .injuries to Mr. Smith, who was removed to a nursing home on May 11. In the doctor’s opinion deotli was due to the injuries.