SUPREME COURT

Dominion, Volume 10, Issue 2924, 9 November 1916, Page 9

SUPREME COURT

GAOL FRACAS

WOUNDING A WARDER

The Chief Justice (Sir Robert Stout) presided at the Supremo Court yesterday, and continued the hearing of criminal coses.

Georgo,. Crowther; .Toisn .Uiiiiitry Campbell Birch, Hector M'Lean, and Charles Tlazcldine,. the four prisoners who, on August 12, endeavoured,,. to escape from tho Terrace. Gaol,'and'in doing so disabled a warder -named Spittal, causing hira actual bodily harm, were brought forward.

Mr: P.', S. K. Macassey,, of the Crown Law Office, apcared tor the Crown, aud the prisoners conducted! their. ; own dofence. . ;..•;■■■■ -

Mr. Thomas Henry Pickett' was foreman of. tho jury.. According to the. evidence for the prosecution, Warder Charles Edward Spittal on tho day in question found there was a strong escape of gas, and-made inquiries. He tested the gas, arrangements, and found that somebody had tampered with them, causing an. escape of gas. This was in the tailors' shop, whore the prisoners were employed. While he was making the investments, he was eeizel by Crowther by the neck in a halfNelson gripj M'Lean, the other prisoner, assaulted him'from tho front, and.gave him a kick in the ribs; Birch, a third prisoner, jumped off tho table and came into the ! fight. Birch gave him a blow with 6ome weapon, which he believed was a sandbag, which rendered him unconscious. When the warder came to he found • his bands and feet had been bound with straps : and a damping-rag used in the ■ tailoring shop was bound tightly round his mouth neck. He mail aged to get his hands free, and after releasing himself he crawled to his office ajid.pressed the electric bell, which communicatd with the watch tower. His telephone bell rung, and he was asked what Was tho matter. He replied there was a mutiny going on,' and with'that assistance speedily arrived. The four prisoners had in the meanwhile got away from the locality. They.were, however, held up by other warders, arid on Principal Warder Ching presenting a revolver the men quietly yielded. There were then dressed in officers' clothing, their underclothing being that usually allowed to- prisoners. Evidence in. Support of the Crown's caso was given by Dr. Gilmer, PrincipalWWarr r dor Ching, Warders Spittafi Chapman, Todd,,and. Hood.

For the George Crowther. gave evidence, an* said that he and- M'Lean planned the affair two days previously. Witness tampered with the gas fittings, arid the warder came in-, to mako investigations, and when about to leave witness ■ seized 1 .him . by tho neck. M'Lean and witness then tied him up. Witness said M'Lean had nothing to do With kicking tho warder us alleged; witness believed the warder hurt himself during the struggle. Crowt'hor's evidence was in the direction of shiolding Birch and Hazeldine.

Hector" M'Lean, who also gave oyidence, stated that no violence was used, beyond, lying the warder's hands and feet and gagging him. "Witness had no grudge against Warder Spittal,' whom, ho thought was tho right man.in tho right place. M'Lean also endeavoured to shield tho other .two. ...■....-.; ~ .

*A prisoner named Robert Cross; whV> was in the tailors' shop on the and saw the incident, said ho'did riot, see M'Lean kick tho warder. Hazeldine wan another room. The warder was struggling, when. Crowther had him. by the neck. ■ Birch went into tho office to got the clothes, and took them info tho other shop, where Hazeldine was, and tho two of them began to discard their prison. clothes and put on tho ' stolen clothes. Witness did not seo Birch striko the warder; ho did not interfere to stop the struggle or. give an alarm; he had been too long ift gaol to interfere one way or the other..

Patrick Connelly, another : prisoner, 6tated that CrowtherV right arm was round : the .warder's neck. He left tho shop shortly after the assault commenced. Hazeldine. never left tho shop he was in, which was separate from the,shop in which the struggle took place. • Birch brought in tho'khaki trousers, and Hazeldine and Birch put them on. He never gave the alarm, because ho did nof wish to be inixed up in the affair. Ho was positive Birch could not have struck the warder, and he did not see M'Lean kick him. '■'■■'".: ;

Alfred Ernest Mason and..James Mitchell, |twp othdr prisoners, also gave evidence practically on the'same lilies as Cross and Connelly.

Crowther, Birch, and M'Lean addressed the jury, young Birch making a really 'fine appeal on. his own behalf. Mr. MacaSsey did not address tho jury. His Honour's summing up was brief. .- The jury, after a short retirement, returned a verdict of guilty against all four prisoners,, and His Honour remtmded them for sentence until Saturday. . . PLEAS OF GUILTY. ! Maud Williams, alias ' Warring, alias Cochrane, pleased guilty to committing bigamy. She was married to Williams at tho Registry Office at Wellington on September .21, 1901, and went through a form of marriage with William Oscar Cochrane nt the Hegistry Office in Auckland on January 16, 1000. Frederick'-Edward Uphain, represented by Mr. H. F. O'LoaTy, pleased guilty to making use of a forged military discharge as though it were genuine. Sentence on both the abovo prisoners was deferred until Saturday.