BUCKLEY IN COURT

Sun (Auckland), Volume II, Issue 417, 27 July 1928, Page 13

BUCKLEY IN COURT

From yesterday’s Late Kditior.

CHARGED WITH BREAKING PRISON

COMMITTED, WITH BALLER, FOR TRIAL Wearing a blue overcoat and looking generally sleek after *? ,s 54 days liberty, John Leslie Buckley, aged 25, appeared at the Police Court yesterday. He was on remand from Wellington, where he was arrested on July '7 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 »«er the hearing of evidence regarding their escape and capture, ~ere committed to the Supreme Court for trial. The detailed charge against Buckley and Bailer was that on May 2a. at Auckland they were deemed to be incorrigible rogues in that having been committed to Mount Eden prison they escaped before the expiration of the term for which they were committed. Charles William Smith, chief warder of the Mount Eden gaol, said that Bailer had been committed to the „aol in June 2, 1927. having be«;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 May said the warder, two prisoners escaped while being conducted to the prison school, which each was in the habit of attendjncr- The two commitment warrants fo?’ Buckley and Bailer were dated October 30, 1925, and June 2, 19-7, respectively. At this stage the magistrate, Mr. W. i R. McKean, S.M., said it was not , necessary to call further evidence, as all that was 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 May 30 in Shark Bay, charged at the Poiice Station and taken to Mount Eden. I have been there two months without a hearing. Is that legal? Magistrate: But you were put back on the former warrant. Bailer: I have not had time to prepare a defence. Magistrate: You will have it now. Bailer: But the Supreme Court is on in a week. The Magistrate: Do you want to ask any questions, Buckley? Buckley: No, not me. Detective Knight said that he had arrested Bailer at Shark Bay on May 30. Both prisoners pleaded not guilty. Bailer said that he to apply for a Crown solicitor. Magistrate: 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. Magistrate: I don’t know. You are only allowed a Crown solicitor if you can show that you have a reasonable defence. Bailer: May I make application to the registrar of the Supreme Court? Magistrate: 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.