GUILTY ON BOTH CHARGES

Wanganui Chronicle, Volume 85, Issue 33, 8 February 1941, Page 6

GUILTY ON BOTH CHARGES

| AUCKLAND GAOL BREAKERS WARDERS ATTACKED MAJORITY OF JURY URGES LENIENCY FOR ONE MAN. I [ Per Press Association. ] AUCKLAND. Feb. 7. t Verdicts of guilty on both counts • against each of the four men who , escaped from the Auckland prison ■ early on the evening of October 1, . were returned by a jury' at the close , of their trial. The case, which occupied three days, was heard before Mr. Justice Blair. The accused were Allan Roy Duff (22), Bryan James Ohehir (23), Randall Reginal David Smith (27) and David Fraser Watson (21). The two charges against prisoners were that, by violence, they broke prison with intent to set themselves at liberty, and that, with intent to commit crime of prison breaking, they did, by violent means, render three warders incapable of resistance. A fifth man, John Henry Silva (25) pleaded guilty to both charges. After the prisoners had addressed the jury', His Honour said the w'hole four had admitted there was a plot among them to escape, and the Crowrn submitted that each of them was responsible for the blows struck. The evidence, if the jury accepted it, did amount to proof of breaking prison with violence. With regard to the second count, His Honour said that legally, if persons formed a common purpose, each of them was party to every offence committed by every one of them. The jury had to be satisfied that these men knew’, or ought to have known, that the probable consequence of this goal-breaking plan was that the warders w'ere going to be injured. His Honour said he did not think the jury w'ould attach much importance to the assertions of Smith and Ohehir that detectives had taken statements from them at a revolver point. The Crown's case was possibly more in Watson's favour than in any' of the others. The jury returned its verdict of guilty after a retirement of about an hour. The foreman announced that, by a vote of eight to four, it had been decided to recommend leniency in the case of Watson. In noting the recommendation His Honour said he was inclined to be of the same opinion himself as far as Watson was concerned. The prisoners were remanded for sentence.

None of the prisoners gave evidence in their defence.

Replying to Bryan James Ohehir's request to call the prisoner David Watson as a witness, His Honour said the request could not be granted, but if Ohehir wished to press the matter Ohehir might be given a separate trial. Ohehir said he would not press the point except to remark that no man in his senses could truthfully have made such a statement as Watson’s statement to the police. His Honour said that was a matter Ohehir could comment on to the jury. Accused Randall Smith informed the Court that because of their late arrival at the prison last night and the fact that lights were out at 8.45 p.m., he and Ohehir had not had sufficient time to prepare statements in defence and would like an hour for that purpose. The Court adjourned for an hour and a-half.