AMY McPHERSON NOT GUILTY OF MURDER

NZ Truth, Issue 1146, 17 November 1927, Page 9

AMY McPHERSON NOT GUILTY OF MURDER

Jury Accepts Married Woman's Plea That She Shot Her

Lover In Self-Defence:

"I Was Terrified!"

COURT STORY OF LETTER FROM HUSBAND IN NEW ZEALAND

/"'RUELjTY anfl fear were the grounds V/ of her defence and last week the jury accepted her plea and acquitted her of the charge of having wilfully shot Denis Moynihan. When Amy Wilhelmena, ..McPherson was placed m the dock on the charge of wilfully murdering Denis John Moynihan, near Tully, Queensland, on September 20, she smiled at the accompanying official as she sat down. She wore a pink hat, cream dress with black bow tie and some articles of jewellery. * When the charge' was read to her she entered a plea, of not guilty m a nervous tone ,and appeared to have worried since her appearance m the lower court. She took a live interest m the proceedings, watching the jurymen as they were chosen and surveying the surrounding: scene: $fre spoke to the court attendant m the dock. Since her incarceration the almost leniency has been shown by the police and she gave no trouble whatever. She was made comfortable and given scope for recreation as well as enjoying domesticity about the lockup -keeper's home, where even the piano was available. There she played chords which would carry her mind, away to the old home m .Auckland, £lew Zealand, arid to loved ones. ?■''(■• '• ' There were the usual spectators m court, and several women occupied front seats. « j The case for the Crown, already published m "N.Z. Truth," drifted over the morning's proceedings and did not vary to any extent m the main.

Woman's Injuries-

John Murphy, who had. employed deceased, said the latter told him he was going to leave that morning, referring to the day of the shooting, but did not say he was. going to Darwin. Dr. Mahon said he examined the prisoner, Mrs. McFherson, and she had a bruise on her thigh and other in* juries. He did not examine her for blood marks after the shooting. As accused says she assisted to put Moynihan on the bed after the shooting, Dr. Thorp, Crown witness, said a person might escape blood marks m attempting to shift the body by just shifting the legs on to the bed as described. ' ■ Possibly Moynihan may have moved his legs a bit after being shot, but that was not, probable, This -witness told Judge Douglas that from the wound there would be a large quantity of blood, but it would be internal hemorrhage. Referring to the fatal shot, H. J. Ross said he heard a report as of dynamiting. The woman came out of the hut and said "Denny has been shot." Police came on the scene about an hour afterwards. His Honor, to witness: "Did you ask Anyone if Moynihan was shot?" Ross replied*. "No, I assumed it." Acting-sergeant Dore, of Tully, told the court he found a cane knife under Moynihan's bed. - It was rather new, with the hook part cut off; and there were 'drops of blood on it, which may have fallen off the bedclothes. < * Then there came to the witness-box a man who was able to shed much light on the tragedy. F. H. McKernon, a laborer, of Tully, gave information about Moynihan's connections. He said that the man did not think much of women. "I think that Mrs. MoPherson is a good woman," said McKernon. "I met both her and Moynihan m

' (From "N.Z. Truth's" Special Brisbane Representative.) Love, that most intriguing and dangerous element, made Mrs. Amy McPherson a pawn m the big game, of romance and adventure. It led her fo leave her husband and a happy home m New Zealand, to enter into an illicit amour with a man who, m her own words, had "a way of his own," who was a master m the tricks of double love— and finally led her to the criminal dock on a charge of having murdered her paramour.

them m Queensland where they came this year." When the case. for the defence was opened it was stressed that. f the plea was one of self-defence, allowable when reasonably necessary to defend oneself. The accused, it was claimed, \%as a woman who could not protect herself like a man. Moynihan had taken her away, and although she fell m love with him he was purely a. trafficker and an adventurer. •" ___ A story of the cruelty and want which, it was claimed, the woman had been subjected to, was unfolded. " Moynihan had even pointed a loaded gun at her. "It was purely a case of selfdefence," submitted counsel. In the box, giving: her evidence, the accused swerved about on the chair. Sometimes her voice paused and she closed her eyes, but her evidence was clean" She was/ 34 years of age and had been married m New Zealand m 1916. She met deceased m September, 1925, and became friendly with him.

Her Tragic Story

She left her husband and home and lived with Moynihan until January this year. She considered she was m love and thought Moynihan had a way of his own. Moynihan played a saxophone m an orchestra. She had sold some furniture and helped pay the fares of Moynihan and herself to Australia. 'They landed m Sydney and journeyed to Bundaberg and Cairns. He obtained a job as '' pastrycook at £6 ——————————— a week, while she did ironing and washing at 14/- a day. Moynihan iU- " treated her at Cairns, and she gave her false teeth to , the' woman she was staying with m fear that Moynihan would knock them out. ,l He wouldn't let her speak to ■ people, and when she told him she wanted to return to New Zealand he said; "You'll never see it." Her husband diid not know she had left him until she wrote from Cairns. She had received a letter from- her husband since she had been In custody, expressing his willingness for her return. Moynihan went to Pat and Mick's Hotel at Tully to see about a job and

he afterwards told her that she would have to go to the bush and not stay m the town. She wanted to go to New Zealand and home, but he refused to permit her to leave for the Dominion. He accused her of laughing 1 at engine drivers, and when coming to Tully township from Murphy's he got a Btick and hit the horse m the cart they were riding m, hammering the horse all the j way\to Tully. Sh6 told him to stop beating the horse, but he raced the cane train *n to town. On the way back she was crying, and Moynihan threatened to let the norse go. About the date of the tragedy Moynihan pointed a gun at hert though she didn't see him load it, He at first promised her money and j then refused to give her any, and talked about the future. During the subsequent quarrel ,he caught her by the throat and then ran into the bedroom. She saw him lean over the bed. His cane knife was always under the bed and witness was terrified and picked up the gun asa means of defence against any attack. The gun went off. When she dropped it Moynihan fell forward on the bed and she put him m the position he was m when found. She considered that he, didn't die instantly. "Amy, darling, you've shot me," he said. . Moynihan made her believe he was a free man and had left Australia 20 years ago. » . She had rooms m New Zealand for which her husband gave her the fur-

"fust Went Off"

niture. She was friendly with her husband, although they were living apart. There was, a mutual arrangement about a divorce. Their quarrels never seemed to end, witness told the judge. Her husband was m the Civil Service. Her children were eight and ten years old respectively. She was i infatuated with Moynihan, who did not ill-treat her m New Zealand. . \ She had no chance of getting away from him. In one breath he would say "Go," m another breath "Stop." She did not admit being jealous of Moynihan, but said she became annoyed if Moynihan paid attention to other women. The judge asked her if the blame was all on one side. She replied that Moynihan did all the nagging. She was upset when Moynihan said he was going away. She was then aakefl to take up the gun and explain the action she took when Moynihan was shot, She did not remember .touching the trigger, saying that it just went off. She rah out after the gun discharged j and was greatly excited. She did not tell Ross, who came over to her, how Moynihan was shot. . • ' i«* Summing up, the judge remarked that appeals had been made for sympathy m addresses to the jury, -but sympathy didn't count. They had a duty to perform. t When a woman left a husband she might expect trouble. Moynihan was Jealous and the woman was jealous, too; there were quarrels and it was a most unhappy union. . No doubt she was ill-treated, but that sort of thing doesn't, justify shooting. They were both free agents; one could go away. Nobody but a fool or a. love-sick woman would s^ay. ' The jury, after a fair retirement, brought m a verdict of not guilty.