FIFTEEN YEARS' HARD LABOUR

Dominion, Volume 13, Issue 209, 29 May 1920, Page 8

FIFTEEN YEARS' HARD LABOUR

C. E. MCKAY'S PUNISHMENT

COMMENTS OF SUPREME

COURT JUDGE I ATTEMPTED MURDER AN IMPULSIVE ACT By Tolegraph-Press Association. Wanganui, liny 28. Charles Evan Jlackay, who pleaded Riiilty in the Magistrate's Court yesterday lo a- charge of attempted murder of Walter D'Arcy Cresswcll, was brought up for sentenco at tho Supreme Court this morning before tho Chief Justice (Sir Eobert Stout). In addressinp; His Honour on behalf of the accused, Mr. Treadivell said that after very careful. and serious consideration bv himself and his friend, Mr. M'Beth. lo whose assistance ho was deeply indebted, it was decided that the only course, which under tho circumstances was tho only, honourable course that could be pursued was that Maclcay should plead guilty. His Honour would readily realise that in advising accused to plead cuilty to such a serious charge Mr. M'Beth and the. speaker had assumed heavy responsibility, and had hesitated considerably before taking this course. It was his duty to exonernto Crosswell, and he did this with tho full occuirenco and approval of accused, from any blamo Whatever. He fully acknowledged the fact that no blame could 1)0 attached to Cresswell, and that no ono could with iustification inflect in any way unon his character. Tho action of Cresswell must moet with the commendation of all rightthinking men. The accused was a man of considerable scholastic attainments, a member of an honourable profession, and until recently occupied tho highest position his fellmv-citizens couhl bestow, and now he was in this position. Soino cause must be sought for reason of this. The reason. Mr. Treadwell_ thought, would be found to be tho subject for regret and deep concern, and he gave it in iustification of accused and in the hope of somewhat mitigating the seiflence Inquiries had been made, and it had been found that for a number of years the accused had been suffering from homo-sexual monomania. Mr. Treadwell said ho had gone considerably into the matter -with accused, and thought he was justified in speaking of the efforts accused had made to cure himself Ho had consulted doctors and jnetaphysicians. Mr. Treadwell said he had statements from one of'the doctors and 0110 of tho metaphysicians accused had conunited, w"litpTi ho would liniul to His Honour. Keferring to tho shooting, Mr. Treadwell said it wa« a matter of common knowledge that for some months accused had l>een suffering from mental strain, and this, together with the threat of exuosure had unhinged his mind. Mr. Treadwell concluded by nppenling to His Honour to temper justice with inercy. . . His Honour, .111 addrresinsr Jlackav, said he was sorrv to see him m this position. He had known accused and his familv for many years. .Accused was one of the most brilliant of Univeisitv students. His career since had been good, and he had held the highest position in Ibfl city. Now lie was 111 tho dock. His Honour said the attempt at murder was an immilsivc act. as- was shown by OressweU's statement. He had been asked to exercise his functions with compassion and mercy, but it should bo remembered that this was, an attack on human life. Tho ideal of justice was that human life should bo kept sacred, otherwise tho community was doomed. His Honour said he still honed Maclcay would redeem himself; lie nail taken tho first step 111 tlint direction by pleading guilty. Ho then sentenced accused to fifteen years' imprisonment with hard labour. DETAILS OFTIIE EVIDENCE A SCANDAL DISCOVERED.

Following are details of the evidenco given beforo the Magistrate on Thursday, tho report of which arrived too late for publication in yesterdays Dominion-.— Colin Westcott Cameron, engineer, Mangawhero, said that shortly beforo 1 o'clock 011 May i!i ho was at Coull s Auction Mart. Ho heard a shot fired 111 Mackay's office. Following tho shot ho heard a crash, and a chair came through Mackay's window, and landed 011 tho pavement. Witness saw Creswell at Uie window, and he sang out: "Help, I've been shot!" Ho then saw two men struggling. He now knew them to bo Mackay and Cresswell, and witness heard four or five' more shots fired. Witness ran upstairs, and met Cresswell on the landing a revolver 111 his hand. Cresswell said: "Mr. Mackay lias shot me. Get a car and take me to a doctor." Mackay appeared from behind Cresswell, and said he had accidentally shot him while demonstrating an automatic revolver. Witness assisted Cresswell downstairs, and the latter said: "Mackay has shot nie. Givo my lovo to mother. I have discovered a'scandal." Accused repeated that tho shooting was accidental. Witness was present until the police- arrived. Accused gave himself up, and said ho had accidentally shot Cresswell. George Sinclair Cameron, father of tho previous witness, gave corroborative evidence. Witness wrote in a notebook statements that Cresswell made. Crosswell said lie believed he was dying. Witness said: "Surely you aro not as bad as that." Cresswell said: "Yes, I am going." Mr. Sykcs said: "If you think you are dying you had better tell us all you know." Cresswell said: "I discovered a scandal and Mackay shot me." Ho then fainted.

Sydney Sykes, Harbour Board employee, said ha took the revolver lvoin Cresswell ami subsequently handed it to the police. On tho way downstairs witness said to accused: "Good gracious, what has happened?" Accused replied: "I was showing him my revolver and it accidentally went off and I shot him." After the' ambulance went away with Cresswell, witness went upstairs and saw accused. Tho latter said ho was putting his papers away_ and put somo in tho safe and locked it. Charles L. White, a traveller, said his attention was attracted by the crash of glass. Ho then heard two pistol sliolil in quick succession. He next saw Crosswell coming out of tho door of Mackay's office. Witness heard accused remark that it was an accident. Cresswell replied promptly and clearly for ona in his condition: "No, it was not ail accident. I was shot."

Maokay Surrenders to Police. Constable John M'Mullan ,said ho was called to Mackay's offico about 1 o'clock 011 the 15th inst. and found Cresswell lying at the foot of tho stairs with Mr. Svkes supporting his head. Accused was standing "n tho stairs. Two or three oilier peonlo were present. Witness osked Creswcll wlmt had wappened—was it on accident or not? Cresswell replied: "Get me a doctor." Accused said; "Of courso it was an accident, and well he knows it was." Accused also said: "I give myself up, constable. I shot him." .Witness remarked: "This is an unfortunate ■occurrence, Mr. Macka.v," and they went into his office.- Witness asked how tho window got broken. Accused said: "I was showing tho young man my revolver, when it accidentally went off and shot him. He then fell against tho window and broko tho glass." Witness said: "How did t.hc« chair got outsido?" Accused replied: "What chair?" Witness then told accused to lock up his offico oiul corao to the police station. Conslablo David Wilson said when ho went to tho scene accused said: "I shot him, Dave; I give myse'.T up." At the 6amo timo accused handed him an automatic revolver. Witness went up to accused's office to ring for a doctor. Accused's chair, with a high back, was lying on the floor. He saw broken glass on tho floor and tho window was broken.

Senior-Spirgeant T. Bourko said nceiiscd was brought to tho police station bv ffergeant Roid. Accuse<l said: "Sergeant, I bavo sliot a young man through tho ohesfc, <vnd I boliove bo will die. Wihen the Prince was here I was carrying an

automatic revolver, and was showing it to the young man Cresswell and demonstrating it. when it accidental ,y went oil and shot "him." Witness next said: //I lhavo abundant evidence of a serious oisturbance in your office. Before the shots were heard a chair was thrown through tlvo window on to the street." Accused said' "Who ca.ii give that evidence?" Witness replied: "Tho carriers on the stand across tho street." Accused replied: "My God!" Ho did not refer to it again.

Charged With Attempted Murder. Witness charged accused with t'ho attempted murder of young Cresswell, and accused replied: "I uiidorsttind, scr* cennt." After accused was searched; witness searched his offico, and in the righthand drawer of tho tablo ho found fiva photographs of nudo women. A careful search was made for a letter which witness had been, told had been written bj Mackav, resigning the Mayoralty, but hu cou'.d 'not find it. Witness located foul rovolvor shells, two on tho right-hand side of Mackay's chair, one at tho back of some books, and one at the hack of a roll-top desk on the other sido of the room. The shells fitted tho revolver. One pellet went through the wall, another into some hooks, and a third was locitcd in the lining of tlw wall. Sir. Treadwcll •• Bid ho say tow long he had nar'ied tho revolver?" _ Witness: He said that ho earned it during tho Prince's visit.' When asked to plead, Accused, who wa.6 standing with his arms folded, said quietlv and "distinctly: "I plead guilty." Ho was committed to tho Supremo Court for sentence.

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