PRISONERS ON TRIAL

Wanganui Chronicle, Volume 85, Issue 31, 6 February 1941, Page 6

PRISONERS ON TRIAL

GAOL BREAK FROM MOUNT EDEN JURY TOLD OF ATTACKS ON WARDERS ONE ACCUSED PLEADS GUILTY [ Per Press Association. 1 AUCKLAND, Feb. 5. Liberal use of the right to challenge jurymen was exercised by prisoners who were charged in the Supreme Court before Mr. Justice Blair that on October 1 they escaped from the Auckland Gaol by violent means,and that at the time they made three warders incapable of resistance. Accused included John Henry Silva, against whom there had been a charge of attempted murder of a warder but, on the suggestion of Mr. Justice Blair, the Grand Jury nad thrown out the attempted murder charge. Silva pleaded guilty to the two remaining charges. The other accused, Allan Roy Duff, Bryan James Ohehir, 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. Before the hearing started the jury, counsel and Mr. Justice Blair visited the gaol to view the cells and layout of the buildings at the point of alleged escape. When the trial of the four men who had pleaded not guilty was resumed in Ihe afternoon Mr. Meredith said that two 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 the prison. I 'iolent Nature of the Attacks The effects on the warders showed that the assaults had been of a particularly cowardly and murderous nature. The charges were extremely grave. The warders who were in charge of such men had to be protected. The law made each one engaged on such an enterprise responsible for each of the acts done by anv of the others. When these men made their plans of escape they knew that they had to get possession of the kays, and that necessarily involved violence to the warders. 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, after 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 Io get across to that part, and had to find some other way out. Struck From Behind Counsel described the movement 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, v hen he, too, was struck on the head and his skull injured. The warders, bleeding and helpless, were taken and thrown into a cell. 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 he 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 lheir weight together, they burst a chain holding it. With a hammer they smashed padlocks which held ladders, and put one of them against the wall. Warder Carson, who lived just outside tIG 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. Citrson overpowered Duff and took him back to gaol. Mr. Meredith read a statement given 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.