PRISON ESCAPE

Otago Daily Times, Issue 24525, 6 February 1941, Page 8

PRISON ESCAPE

SERIOUS CHARGES FOLLOW ACCUSED ON TRIAL THE CASE FOR THE CROWN (Per United' Press Association) AUCKLAND, Feb, 5, Liberal use of the right to challenge jurymen was exercised by five prisoners who were charged in the Supreme Court to-day before Mr Justice Blair with that on October 1 they escaped from the Auckland gaol by violent means, and that they rendered three warders incapable of resistance. The accused included John Henry Silva, against whom there had been a charge of attempted murder of a warder, but on the suggestion of the judge the grand jury had thrown, out the attempted murder charge. Silva pleaded guilty to the two remaining charges. The other accused, Allan Roy Dull, Bryan James O’Hehir. Randall Smith and David Watson, pleaded not guilty. Duff was represented by counsel, Mr W. Noble. Smith exercised his right to challenge jurymen to the number of six. Watson challenged five, and Duff challenged two, every second juryman called being challenged. - r.: -.

Visit to Prison Before the hearing jury, counsel and the judge. VUltedthe gaol to view the cells *nd lay*' out of the buildings at the point or the alleged escape. . ‘ : u When the trial of the lour men who had pleaded not guilty was, resumed in the afternoon the Crown Prosecutor, Mr V. R. Meredith, said that the Jwo counts related to two quite distinct offences. The accused were all captured out of prison, and that left no doubt that they had broken away from prison. The effects on the warders showed that the assault had been cf .a particularly cowardly and murderous nature and the charges were extremely grave. Warders who were in charge of such men had to be protected, and the law made each one engaged on such enterprise responsible for each of the acts done by any of the others.

Dangerous Weapons When these men made their plans of escape they knew they had to gel possession of the, keys and that this necessarily' involved violence to.' the warders. Mr Meredith continued. There were used ; in the process of. escape three weapons—two hammers with wristlet thongs, and a weight with a leather handle, a particularly dangerous form of weapon. It would appear that the intention was.' alter the three warders at the central dome ,had, been got rid of, to deal with a fourth warder at the front door, but by the accidental use of the wrong key they were unable to get access to that part and had to find some other way out.' v ' : Counsel described the movements of the three warders, Burgess, Scholium and Crawford. Burgess was' bending over a table doing clerical work when he was struck on the head from behind and knocked out; though he actually put up some resistance afterwards. Scholium came to see what was wrong with Burgess when he, too, was struck on the head and his skull injured.« The warders, bleeding and helpless, were taken and thrown into a cell. Mr Meredith said Crawford suffered worst of all, and it was not until five weeks later that he recovered consciousness. The attack on him was a particularly violent and savage one, and the medical evidence would be that he was ruined for life and was a complete wreck. The accused made their way to a padlocked grille leading to the yard, and by using their weight together they burst the chain holding it. With a hammer . they smashed the padlocks ■ which held the ladders and put one. of them against the wall. Warder Carson, who lived just outside the prison walls, saw the prisoners escaping over the wall, and when he went in pursuit he caught sight of Duff coming at; him from behind with a baton he had. taken from Warder Burgess. Carson overpowered Duff and took, him bacjt to gaol. - . i . Aecnnaeeg; ~v Ql

Mr Meredith rgid a igivei by Duff in which he described their plans for escape and said they had decided to knock the Warders on the head with something. He also, read statements made by the other accused. The hearing was adjourned.