ACQUITTED.

Hokitika Guardian, 7 May 1926, Page 1

ACQUITTED.

MAN WHO ESCAPED IN PARNELL TUNNEL. QUESTION OF CUSTODY. AUCKLAND, A Lay 5. At the Supreme Court this morning, before Mr Justice Herdman, Thomas Smith was charged that on February 23rd. last at Auckland he es raped from lawful custody. Air Sullivan appeared for the accused. who pleaded not guilty. In outlining Hie Crown’s case. Air Patterson said that evidence would lie called to show that the accused had been held in custody on a charge of theft. He was handed over to Constable Johnson to be taken hy the express to Itotorua to be tried there. Detective Hammond joined the party at tho Auckland Railway Station. AVhen the express reached the Parnell tunnel the accused made a request to go to Hie lavatory and was accompanied by Constable Johnson. Accused suddenly slammed the door and locked ii. broke the window and jumped out. He was subsequently arrested at Poke no. Air Patterson said he wished the jurymen to keep out of their minds something they might have read about ’the ease. Air Sullivan : No mention should lamade of it. His Honor: U should not be mentioned at all.

Evidence was given l>y Const aide Johnson and Senior-Doted ive Hammond. Ihe latter said thaf when Smith hrokc the lavatory window witness looked out of another window just in time to see Smith leap towards the wall of the tunnel and fall on his face. Witness considered that he would hare broken his neck if ho had attempted to jump after him. On reaching Newmarket a search for the accused was immediately instituted. Before leaving Auckland witness explained to Constable Johnson that a charge of ll| eft of benzine was to he preferred against accused. -Mr Sullivan: The theft charge was dismissed at Rotorua. Witness: Yes. Mr Sullivan said the defence would lie that accused was not hold in lawful custody. The crime had to be in Hie code before it could he punished. P- 1 - Cahill, a solicitor, gave evidence that the. theft charge against Smith at Rotorua was dismissed.

To Air Patterson : Another charge was preferred against him. ATr Sullivan: That is not relevant. In reply to a further question by Afr Patterson, witness said that- the second charge was one of vagrancy. Addressing the jury, Air Sullivan contended that Smith was held on a warrant requiring him to l>e held in the Auckland Prison until February 2-ttli., and therefore could not he

charged with escaping from legal custody in Parnell tunnel on February 23rd. It was impossible to got away from the document. His Honor, in addressing the jury, said it was a case of extreme simplicity. The warrant was signed by Afr Poynton, S.AI.. directing that the accused should he conveyed to Auckland Prison, and further instructing the gaoler to have accused at Rotorua on February 24th. He directed the jury that Smith was in lawful custody at the time of bis escape. Tbe warrant was sufficient for the gaol authorities to hand Smith over on February 28th. The further defence that Smith had been acquitted at Rotorua could not be extended to accused.

After two hours’ deliberation, the jury returned a verdict of not guilty.