LAW REPORTS.

Dominion, Volume 6, Issue 1825, 11 August 1913, Page 11

LAW REPORTS.

SUPREME COURT. DRAMATIC ONE ON TRIAL. QUOTES BURNS & BURKE; TWO PRISONER'S NIGHT BOLT. Rather a dramatic touch tinged tho proceedings at t'h'e criminal sessions of the Supremo Court on. Saturday morning, when tliq last trial was called before his Honour Mr. Justice Chapman. As usual, tho. public portion of the Court was crowded, and when two accused persons were placed in the dock they were clad in convicts' clothing. The men were Patrick Donovan and Thomas John Lewis, and the charge was that on May 10 they broko into tho Universal Stores at Northland, and stolo wearing apparel valued at Bs. sd. Mr. P. S. W. Macassey represented tho Crown, but, tho prisoners were without counsel. Donovan pleaded not guilty, but Lewis admitted the offence, and was ordered to stand down pending the trial of Donovan. ■ j. From the evidence tendered by witnesses for the prosecution, it appeared that on the evening preceding tho burglary Donovan and Lewis were locked in their cells at the Terrace Gaol. On tho same evening the proprietor of the Universal Stores at Northland completed his day's business, and retired to-bed about 11 o'clock. He left the kitchen window open, three inches from the top. At the gaol next morning the disoovcry was made that Lowis and Donovan were missing, while at tho Universal Stores a different kind of discovery was made. The proprietor missed certain articles of clothing, but, as a sort of quid pro quo, he was loft with a leather belt and a gag that had been manufactured out of; a towel. Later in tho day, Donovan and Lowis wcro apprehended at Makara, and were then wearing clothing which had been missed from tho Universal Stores. Each; was in possession of a sandbag, which it was afterwards explained "was to bo used in self-protection." The prison garb which had been, discarded by the prisoners was afterwards found near the Universal Stores. • In cross-examination, one of the witnesses from the gaol stated that Donovan's towels wcro not missing from his cell, and a gag that'had been found, similar to the ono found at the Universal Stores, was in Lewis's cell, not Donovan's. Up till the timo of tho escape, Donovan's conduct had been excellent.

"No, I Won't Give Evidence." Asked if lie would like' to givo evidence on his own behalf, Donovan replied: "I would like to very much, but when I was a boy at school I remember learning a little poem, 'Will you walk into my parlour? said tho spider to the ily.' 1 went into that bos once before, and your Lordship was on the Bench.' I was under a b'attery of artillery tho whole tame, and I hail no more chailce of coining through unscathed than nn English ship has of going through tho Dardanelles. No, I won/t givo evidence, but I propose to call one witness. Call Lowis." In the witness-box, Lewis took the onus of planning tho escape, and liberating Donovan. He also took all tho blame for tho burglary. ,He stated that he alono entered the Universal Stores, and that Donovan changed his clothes in the road, believing that tho civilian attiro handed to him' by: Lewis had been supplied by some friendly person. • Dramatic Words to Jury. In addressing tho jury, Donovan said that, as he had "no standing account to his credit in tho bank," ho was unable to secure legal assistance, and he was further handicapped because he had not the ability of Montague. Williams nor the talent of Edmund Burke. Ho asked tho jury to consider, however, that the Evidence against him was that ho had been found in possession of "a bundle of rags that would havo mado an Israelite blush." When he heard the value placcd upon these rags, it gave him such a shock that he was afraid he would pffer from neurasthenia for tho rest of his life. He hoped that the jury would banish from their minds misrepresentations which ho alleged had been published about him by n certain newspaper. Ho had been styled a desptrato and dangerous criminal, but he would not hurt a child, and only wanted a chance to live honestly. His sole intention had boon to gain his liberty and get away from tho country. Lewis had admitted this crime, and that evidence they should act upon. As for the evidence of possession—if n was found in possession of clerical garb it did not' follow that ho was a saint, and if lie (Donovan) was in possession of that bundle of' rags, it was no proof that he was a robbor. Tho illustrious Burns had said that the beasts of tho field had sympathy for one another; but thaf'man s inhumanity to man makes countless thousands mourn." Nevertheless, he believed that .there were still to bo found in Wellington twelve honest men who would bring in a fair verdict. Both Men Sentenced. ' After a brief retirement (about ten minutes) the jury returned with a verdict of "receiving stolen property." When called upon before sentence, Donovan asked his Honour to remember that, on tho night of, tho offence, he (Donovan) was an escaped prisoner. His Honour: An escaped prisoner with a bludgeon in your possession! Mr. Macassey reported that Donovan was regarded as a very desperate criminal. Ho had been convictod of assault and robbery in February last,- and had a previous conviction in Tasmania. Since being committed on the present charge, he had once more escaped, and had been re-ar-rested. A sentence of three years' imprisonment was passed, this to be cumulative on the period which Donovan is already serving. Leu-is, when brought forward for sentence, read a long statement at a very rapid rato. In this ho detailed a long train, of advei-66 circumstances that had been operating against him since he came to New Zealand eleven years ago, with -the intention of earning an honest living. In spite of all, he would endeavour'Co finish his sentence in good behaviour, and become a useful member of society if ho wcro given ono more chance. Mr Macassey informed his Honour-that already Lowis had twice been declared a habitual criminal, but in the present case there was no doubt that he had been acting under the influence of Donovan. His-Honour imposed a.sentence similar to that which he had imposed -in tho case of Donovan, but in addition, (and for tho third time) he - declared' Lewis a' habitual criminal.