FOUR PRISONERS

Waikato Times, Volume 128, Issue 21336, 6 February 1941, Page 6

FOUR PRISONERS

HEARING OF CHARGES WITNESSES CROSS-EXAMINED (By Telegraph.— Press Association) AUCKLAND, Thursday The hearing was continued in the Supreme Court today before Mr Justice Blair of charges against four prisoners from the Auckland Gaol. The four, Allan Roy Duff, Bryan James O’Hehir, Randall Smith and David W r atson, are charged that on October 1 they escaped from the Auckland gaol by violent means and that at the time they rendered three warders incapable of resistance. Duff is represented by Mr Noble. Warders Burgess and Scholium gave evidence on the lines of the Crown’s statement. Burgess said he remembered nothing after he # had bent over a table to check the list of prisoners for drill. Scholium said he lost memory of everything after receiving a blow on the head while he was bending over Burgess. Both witnesses and Superintendent Leggett were freely cross-examined by the prisoner Smith, mostly on points of gaol procedure. O’Hehir and Watson did not ask questions. Warder Crawford, who had difficulty in articulating plainly, said that he was unlocking the cells of prisoners in the north wing for drill when he was felled by a blow on the head. He awoke in hospital five weeks later. He did not know who hit him. The luncheon adjournment interrupted the evidence.

OPENING OF CASE When the case was opened yesterday His Honour told the prisoners that he would arrange that the jurors were shown round not by warders who might be interested but by police officers selected by the sheriff. “May I suggest,” said Smith, “that the jurymen visit the wall we were supposed to have got across and also the witness Carson’s garden?”

His Honour said he would see that that was done. When the trial of the four men who had pleaded not guilty was resumed in the afternoon Mr Meredith said the 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 prison. The effects on the warders showed that the assaults had been of a particularly cowardly and murderous nature.

Mr Meredith read statements given by the four accused. The prison superintendent, William Thomas Leggett, gave evidence that Duff was serving a sentence of two years, O’Hehir 12 months, femith a commuted lile sentence, and Watson 18 months. He described the conditions lie found when lie was summoned to the prison at about 6.20 on the evening of the escape. Grilles were open, a heavy chain had been broken, and there were extensive fresh blood stains in the dome and in