THREE MEN REPRIEVED

Hokitika Guardian, 16 August 1928, Page 2

THREE MEN REPRIEVED

UNIQUE ENGLISH CASE.

Australian Press Assn.—United Service

LONDON, Aug. 14

Three men, reputed to be members of a blackmailing gang, were reprieved dramatically on the eve of their execution, following on the Home Seer'etaiy’s (Sir W. Joynson Hicks’) audience with the King. They were Percival Taylor, James Weaver, and George Donovan. They were convicted of the murder of Ernest Smith, aged 67 years, a retired druggist of Brighton, who was attacked on the night of March 14th. and was taken to the Downs, where he was robbed. _IIe struggled home and was found by his wife on the doorstep. His death occurred a. fortnight later. It was stated to he due to septicaemia, following oil his injuries. The men’s defence was that Sniitli did not die from injuries, but irom illness. This defence failed. Since the conviction, however, many alleged facts were brought to light, supposedly exonerating two ol the condemned men. Lttters frantically declaring their innocence were written by the prisoners in gaol to the Home Secretary, and there were frequent consultations between the police and the Crown authorities. These culminated in the announcement on Monday that there were no grounds for a. reprieve, and that the execution of tho three men was fixed for tomorrow. Everything was ready tonight, when Sir Win. Joynson Hicks (Home Secretary). follow ing on long consultations at the Home Office, announced a reversal ol the decision and advised the King to grant a substitution of life imprisonment. , This decision is believed to lie unprecedented in criminal history. In no previous case lias a reprieve been granted on the eve of an execution after a refusal to interfere. The executioners were already in the prisons, and everything was in readiness. The. distressed relatives, all floor folk had had their last interviews with the men. One of the relatives had to pawn a wedding ring to make the journey to the gaol.

STATEMENT BY HOME SECRETARY. (Received this day at 10.15 a.m.4 LONDON, Aug. 15. In connection with the murderers reprieve, Sir Joynson llieks authorised the following Home Office statement:—‘‘lt is unusual for the Home Secretary to make any statement about capital cases, except the official notification of the decision, but as Parliament is not sitting and the Brighton murder has excited public interest, the Home Secretary thinks it desirable to amplify yesterday’s official statement. Ft is not within the competence of the Home Secreary to retry a ease. i.n July it was found the prisoners were guilty ami the Court of Criminal Appeal upheld the conviction, 'flic Home Secretary’s proper and only function was to decide whether, when the prisoners were convicted of murder and sentenced to tho only penalty prescribed for this crime, there were any circumstances which would instif.v him in recommending a mitigation of the penalty, or whether the law should he allowed to take its course.

The Homo Secretary in considering the question was bound by no rules of procedure. The Home Secretary thinks it desirable to point out that the recommendation for the exercise of the Royal prerogative does not reboot on justice or jury’s verdict, or the decision of the Court of Criminal Appeal, Unit he felt there was just that element of doubt making it undesirable that there should b;> the infliction of an irrevocable penalty. There were many precedents of commuting the death sentence in cases where the Home Secretary felt it unsafe to allow the irrevocable penally to bo inflicted.