ESCAPE FROM GAOL.

New Zealand Herald, Volume LX, Issue 18468, 3 August 1923, Page 12

ESCAPE FROM GAOL.

' FOUR MEN SENTENCED.

TWO YEARS' IMPRISONMENT.

HANDCUFFED.IN ; the | book.

fs- The four prisoners ;; who.;, escaped from 'Mount: Edi?n gaol 'on"July' 6, 'and were all 'recaptured shortly afterward, appeared befow> Ms*. Justice Herdman in -f the Supreme Court yesterday, charged v; with escaping from lawful ... custody. > The accused were Richard Hayes, Eric Burnett. Charles King, and 'Lawrence ■: Egmont Windsor. The men, who were handcuffed, pleaded "not guilty under extenuating :! circumstances*'—a plea'; which" His Honor entered as one of "not guilty./-'- ' Hayes, who appeared to be spokesman, said he and his fellow , prisoners had all written to : the Registrar >of the Supreme Court, asking that certain witnesses should be; subpoenaed,' but they understood His Honor had decided it was impossible. His Honor said lie understood i that accused wanted to call other prisoners. The plea of ; extenuating circumstances was no excuse for escaping. That was a matter for the Department of Justice. - , King asked His Honor if he could have one of his handcuffs loosened, but " His Honor refused, saying the warder would help him if he needed any assistance. Mr.};. Peterson: said that accused" were serving substantial sentences for serious offences, and were all practically dangerous criminals..: King and Hayes were arrested the same day, and Burnett and Windsor were : captured at Pukekoho on July 10. ,;..-■ - t . /. '[;) •'■■'' Irrelevant, Questions Stopped. Hortley^ Warren Glynn, ,;.v~ principal warder at Mount Eden prison, gave" evidence of the escape and recapture. !- Hayes subjected witness to a long and irrelevant cross-examination. :c: ; - '■■:■ When you took me. into custody, asked Hayes, did you say ; you were glad you had got me I ; don't remember sayings such a thing, but 1 was glad : I had got you, anyway. .... -;•'.- . _• Did you say I had been absolutely .one continual source of trouble since I had been in the gaol?—I do not remember saying 'that,; but you have been a source of trouble i since you have been there; You are , a menace to prison discipline. > You have been on bread and water several times, -and. on picking oakum. . : In what way have I been a danger ?— As an agitator and an incorrigible.; ; •'.His Honor: Wo have had 1 enough of this. You are charged with escaping} and you may ask relevant questions. [J ido not propose to allow ■ you to range .'over the whole prison history. -'. "v' Hayes then resumed his "cross-examina-tion, but His Honor said he would not allow any more complaints of • that kind. The accused could make their complaints at any time to the Minister; for Justice. Prisoner Addresses Jury. ':K; Charles James McMullen, a warder, also gave evidence.- : " = , . ■if. Detective-Sergeant Robert John Issell, of Newton, stated that he arrested King in Kafangahape Road. Later, the same day, witness, in conjunction with principal Warder Glynn, arrested Hayes. Both were in civilian clothes. :'. ; Evidence of the arrest of Windsor and Burnett, by ; Sergeant Cowan and ConStable O'Donnell, was given by Detective Knight.: • "(/-'■• '.-' : f ''~.. Hayes, addressing the jury, said he had tried;;his level ■: best to get on with all the prison authorities, but there were those in the prison who , told tales to the warders: about other prisoners, and so they i became victimised and received malice and animosity. ': He complained of ill-treatment, stating that he had been "called. names, struck, '> and , kicked by prison warders. '•;;-■- .; His Honor stopped ; accused's address, telling him ■he \ could ; make his - complaints to the ■ proper quarter.: /i ; ■ - N Windsor said that if ; the defence advanced by Hayes was not admissible they v could only resign themselves. ; . The jury found all four prisoners-guilty.'

• Guilty of Breaking and Entering. : : "* King, Hayes and Windsor were then charged with '. breaking and entering the residence of Noel Leslie Holm Biss. 3, Maurice Avenue, Bemuera, where civilian clothes were obtained. To this charge Burnett had . previously ; pleaded guilty. The three others pleaded ;guilty: to receiving '-stolen. property, but . not guilty to breaking and entering. Charles -James -McMullen,- a "warder of Mount Eden prison, said he pursued. l tho escaped I men and saw ; them coming > out of Maurice Avenite, dressed as civilians. He caught Windsor, but he again got away. He found prison's clothing in bathroom of -Mr. Biss' house, together ■With a drill they had taken from the prison. r /'>!■. ' Windsor, addressing the jury, said that ; when k. they -made for Remuera Bnrnett went ahead. They saw him waving to them from the pantry; window of Mr. "Biss' house. Burnett- threw 1 ; out ; a bundle of clothes '' and after .they had changed took their: prison 'garb into the house. ;■: -

' Hayes said ''that > ; King and: he, when they caught sight of Warder McMullen. covered the sides ;of' their :faces with handkerchiefs; and he did not. think they were recognised. - C K - His Honor said that if the four men had made, up their minds to .break into, a house, and if one broke in '■ and the others were there in furtherance ..of:.a common design, each was guilty of breaking and entering. ; .:.:":':;;■■■;■■''-.■.•'":■;. ■ ■' .•;:■ }:v'§ •>';?■>: '-."^v '■■'. The jury found the three accused guilty of breaking and entering. '■ ■ V - , , His, Honor sentenced each of the - accused, ; including , Burnett, ; to' two years* ; imprisonment for escaping,-; and two years' imprisonment for .breaking: and entering, the : sentences to "be concurrent,- and %to start from the dates of expiration ~of the periods of ; imprisonment ; now being : served;"": ..'■:,'''v:' : -'- '•''''' i ';•'• : -xi