GAOL BREAK
> PRISONERS FOUNT) GUILTY ; THE USE OF VIOLENCE. LENIENCY IN ONE CASE RECOMMENDED. ißy Telegraph—Pross Association.) AUCKLAND. Fz-bruurl.y 7. Verdicts of guilty on both counts against each of four men who escaped from the Auckland prison early in the evening of October 1 were returned bv the- jury in the Supreme Court \his afternoon at the close of their trial. The case, which occupied three days, was hoard before Mr Justice Blair. Accused, were: Allan Roy Dull, aged 22: Bryan J ;ur .es O’Hchir. aged 23; Randall Reginald David Smith, aged 27. and David Foster Watson. aged 21. The two charges against the prisoners sou with intent to set themselves at liberty, and that with intent to commit the crime of prison breaking they did by violent means render three A fifth mail. John Henry Silva, aged 2.5. pleaded guilty to both charges. None of the prisoners gave evidence in their defence. After the prisoners had addressee tne jury, his Honour said the whole font' had admitted that there was a plot among them to escape, and the Crown submitted that each of them was responsible for the blows struck. The evidence, if the jury accepted it. did amount to proof ef breaking prison with violence. ‘ With regard to the second count, his Honour said that legally, if persons formed a common purpose, each of them was a party to every offence committed by every one ef them. The jury had to be satisfied that these men knew or ought to have known that theprobable consequence of this jail breaking plan was that the warders were going to be injured. His Honour said he did not think the jury would attach much import- i ance to the assertions of Smith and O'Hehir that detectives had taken statements from, them at revolver point. The Crown’s case was possibly more in Watson's favour than in that > of any of the others. j
The jury returned its verdict of guilty after a retirement of about ;.n hour. The foreman announced that, by a vote of eight to four, it had been decided to recommend leniency in the case of Watson.
In noting the recommendation, his Honour said he was inclined to be of the same opinion himself as far as Watson was concerned.
The prisoners were remanded for sentence.
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Wairarapa Times-Age, 8 February 1941, Page 7
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387GAOL BREAK Wairarapa Times-Age, 8 February 1941, Page 7
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