Buckley Back Again

Sun (Auckland), Volume II, Issue 416, 26 July 1928, Page 15

Buckley Back Again

Charged With Breaking Prison

Committed, With Bailer, for Trial

WEARING a blue overcoat and looking generally sleek after his 54 days liberty, John Leslie Buckley, aged 25, appeared at the Police Court this afternoon. He was on remand from Wellington, where he was arrested on July 17 on a charge of prison breaking. With him in the dock was Frank Bailer, aged 26, who was similarly charged. Both prisoners elected to be tried by jury, and after the hearing of evidence regarding their escape and capture, were committed to the Srjpreme Court for trial.

The detailed charge against Buckley and Bailer was that on Alay 25, a Auckland they were deemed to b< incorrigible rogues in that having beer committed to Alount Eden prison the} escaped before the expiration of th< term for which they were committed

Charles William Smith, chief warder of the Alount Eden gaol, said that Bailer had been committed to the gaol in June 2. 1927, having bee t n sentenced at the Supreme Court to five years’ hard labour for breaking and entering and theft. Buckley, who had been admitted on October 29. 1925. had been serving a sentence of four years’ hard labour on a similar charge. On the night of Alay 25, said the warder, two prisoners escaped while being conducted to the prison school, which each was in the habit of attending. The two commitment warrants for Buckley and Bailer were dated October 30, 1925, and June 2, 1927, respectively. At this stage the magistrate, Mr.'W. R. McKean, S.Af., said it was not necessary to call further evidence, as all that required to be shown was that they were in custody, and that they escaped. Bailer: There is one point I should like information about. I was arrested on Alay 30 in Shark Bay, charged at the Police Station and taken to Alount Eden. I have been thex*e two months without a hearing. Is that legal? Afagistrate: But you were put back on the former warrant. Bailer: I have -not had time to prepare a defence. Afagistrate: You will have it now. Bailer: But the Supreme Court is on in a week. The Afagistrate: Do you want to ask any questions, Buckley? Buckley: No, not me. Detective Knight said that he had arrested Bailer at Shark Bay on Alay 30. Both prisoners pleaded not guilty. Bailer said that he wished to apply for a Crown solicitor. Afagistrate: You cannot do that. It is a matter for the Supreme Court. Bailer: Mr. Hunt told me that I must apply to the magistrate that heard my case. Afagistrate: I don’t know. You are only allowed a Crown solicitor if you can show that you have a reasonable defence. Bailer: Alay I make application to tho registrar of the Supreme Court? Afagistrate; Yes that would be all right. Buckley elected to follow the same course of action. Both men were committed to the Supreme Court for trial.