ASSAULT & ROBBERY THE LORNE-STREET CASE

Evening Post, Volume LXXXV, Issue 31, 6 February 1913, Page 7

ASSAULT & ROBBERY THE LORNE-STREET CASE

TWO MEN FOUND GUILTY. THREE FEARS' IMPRISONMENT. When the case against John Condon, Thomas Donovan, and William Henry Adams (partly reported on page 3 of this issue) was resumed in the Supreme Court this morning, and before his Honour summed up, the foreman of the jury (Mr. E. L. Smith) said that it was the opinion of the jury that another opportunity should be given the man Donovan to strip and show the tattoo marks on his back for Verification, ao that no miscarriage of justice might possibly be made against him. They would like the accused Donovan to be given one more opportunity of showing whether he bore the marks or not. Sis Honour put the request of the jury to the prisoner Donovan, who be* gan : "But, my Lord " His Honour : There is no occasion to argue. The opportunity is given you to show the marks, if you will. The question is simply whether you are willing to go into the jury-room with the jury and allow them to see the marks. Accused : No, my Lord, I refuse. That would be evidence against myself. Hundreds of men have got the same marks. It is no evidence that I am the person intended. If the Crown Prosecutor is prepared to go into the witness box and swear that ihg&e convictions are mine, I am willing to strip before the jury. His Honour pointed out that evidence had already been given to the effect that the marks corresponded. He did* not think the Crown Prosecutor could throw any more light on that matter. It was not his position to- go into the witness box. "You understand clearly that the offer is made, do you ?" ♦ Donovan : Yes, your Honour. I refuse. His Honour then summed up, distinguishing the position of Adams from that of the other two men. The jury retired at 11.10 a.m. The jury 1 returned at 12.5 p.m. with a verdict of guilty against Condon and Donovan, and of not guilty against Adams. Adams was discharged. Condon had nothing to say in his defence, but Donovan made a long statement. " I have been found guilty of a very serious charge, my Lord," he said. "I am very thankful for your Lordship's attention to my case. I should like to pas's a few remarks before sentence id passed. I should like first to call attention to the methods employed by Detective Cassells in extracting evidence from prisoners arrested, and producing the evidence against them. Ido not consider it is the action of an ( honourable man, or a man in his position at all. I should i like to call attention further, my Lord, to the part acted by • the counsel for Adams in taking up the role of Crown Prosecutor, in throwing dirt on us two in order to blacken our character. I have; had a fair trial, so far as your Lordship* is concerned, I am willing to ■put up with the consequences of what sentence you may pass upon me 2 if you believe those convictions are mine. 1 would rather be sentenced as an habitual criminal than to reformative treatment. If I/ am sentenced to n term I. might get remission, and I should have a little money when I came out. If I am sentenced to reformative treatment I ge-t no remission of sentence, and I get no gratuity. Should you sentence me as an habitual Criminal, if you think those convictions are mine, 1 should have a chance ; if you pass the reformative system on me, it would not do any good or tend to make me earn an honest living in the future." Mr. Goulter made a plea of leniency on behalf of Condon, whom he described as a simple-minded loafer. His Honour in passing sentence said : In Tegard to Donovan I don't consider the South AfricSn convictions sufficiently clearly made out for me to act upon. But 1 think the conviction at Hobart is satisfactorily proved. Mr. Macas&ey : In regard to the charge against Detective Cassells, your Hon* our — - His Honour : There is no need to mention that ; the jury dealt, with that question when they showed their confidence in him by believing his evidence. I fully endorse their verdict myself. "I don't as a rule," continued his Honour, "inflict a very heavy sentence where a drunken man places temptation in the shape of valuables before the eyes of other men, but I mtist in this case. I consider the character of both men to be bad. I don't, under the circumstances, intend to treat the case as one for reformative treatment, nor do_ I see any reason to draw a distinction between the two men. You will both be sentenced to three years' imprisonment with haTd labour." Donovan : Thank you, my Lord. — ===== /