MACKAY TRIAL.

Taranaki Daily News, 28 May 1920, Page 5

MACKAY TRIAL.

ACCUSED PLEADS GUILTY. COMMITTED FOR SENTENCE. By Telesraph —Press Associates. Wanganni, Last Night. At the Magistrate's Court this afternoon, C. E. Mackay, for thirteen years Mayor of Wanganui, was charged with the attempted murder of Walter D'Awy Cresswell, a returned soldier. The courtroom was packed. Dr. Hutson, medical superintendent of the Wanganui Hospital, stated that on May 15th Walter D'Arcy Cresswell was admitted to the hospital suffering from a wound in the right side of the chest. It was on the level of the heart, but on the opposite side. The wound was obviously caused by a bullet, but the bullet had not been located. As far as he anticipated, there was no danger to Cresswell's life at present, but Cresswell was not able to appear in Oourt to give evidence. Inspector Hendry stated that on the 26th inst he received information that the accused wished to see him at the gaol, and witness went there and saw the accused. Witness then produced a statement that had been taken from Cresswell at the hospital, and handed the statement to Mr. Treadwell. The accused read the statement, and endorsed it as follows:—"I have read the above statement, and so far as it relates to my own act and deed I admit the statement to be substantially true." CRBSSWBLL'S STATEMENT. Witness then produced the statement made by Cresswell in hospital, which referred to meetings between Mackay and Cresswell and' Cresswell's cousin on the 10th instant. On Friday, the 14th, Mackay and Cresswell visited the Art Gallery. The statement proceeded: "When we left the Art Gallery we went to Mackay's office in Ridgway Street, and while there I discovered a certain disgusting feature in Mackay's character. He also Bhowed ; me several photographs of nude women. I purposely encouraged him to display his qualities in his nature, which I expected. On making that discovery I told him that I had led him on on purpose to make sure of his dirty intentions, and 1 told him also, amongst a lot of other candid things, that he must resign the Mayoralty at once. He then pleaded for mercy, and asked me to think over it for the night, and come and see him the next morning, and let him know my decision.

"During Friday night I decided that lie should resign the Mayoralty in a week's time.. At my suggestion, and partly at my dictation, Maekay wrote a letter to my cousin, and I saw it posted. On the Saturday morning, as arranged, I called on him at 9.30 a.m. at his offioe in Ridgway Street, and the whole morning was spent by him in pleading with me on account of his wife and family, and not to force him to resign. SUICIDE THREAT, "I, however, was quite determined that he should resign, even though he threatened to commit suicide. I did not believe he had the courage, and I did not believe him when he said that his wife was dependent on the £2OO he got for being Mayor. I was very anxious to be just, and do nothing cruel to his family, lis told me he was suffering from a complaint which made it impossible for him to control his passions, and sßid that his doctor could satisfy me in that respect. He rang up his doctor on two or throe occasions, hut eacli time the doctor was out. After useless talking and long silences, he asked me to come round to the club and try and reconsider my decision over a cup of tea. '(As I could not stand being in his office much longer, and was very knocked up, I consented, and we went round. Here he became very earnest about his decision to commit suicide and the absolute impossibility of resigning the Mayoralty. Nothing more happened here than had happened in his office, and he then pleaded with ine to come back to'his office. I think that I was very foolish not to have left him, but I wa3 anxious to be quite just to him.

RESIGNATION INSISTED ON. "I should say here that I had promised to say nothing- about what I had discovered if he would resign at the ond of the week. I did not want to judge him, but 'I was determined he had no business to be Mayor. Back in his office again, and being very tired, I took a more determined stand about it, and threatened that if he didn't immediately give mc a letter promising to resign at the end of the week I would at once wire to my dad in Timaru to come up, as I felt that it was getting too much of a strain on me alone. He seemed so terribly upset that I then extended the time to a fortnight Then he implored me for a month's time, and spoke a lot about his wife and fainily. "I was quite firm about a fortnight, and ha then asked for a few minutes alone to clear his head, or something of the sort, and went into an ante-room. He was away a few minutes, and then came back and said: 'Cresswell, give me a month, and I will sign a letter straight away.' At this time I was getting very tired so I said, 'All right, I will give you a month from to-day.' "He then came over to his table and wrote a letter, promising to resign the Mayoralty in a month from that date. We then walked toward the door, Mackay leading the way, THE SHOOTING. "Before reaching the door Mackay suddenly turned round and I found that he had a revolver pointing at my chest We were only a foot or two apart. I think he said, 'This is for you,' but I am not positive. Then he* fired, almost immediately, before I could recover from my amazement, and I felt the bullet enter my right breast, and I fell down. He stood where he was, and looked at me, and then came over and thrust the revolver into my right hand. "Immediately I got the revolver I rose to my feet, and kept him covered. He looked very surprised and wild, and then ran through the door (marked B.) I followed him, and when I reached the door I found that it was either locked, or else he was holding on to the handle. I did not wait to see, but ran into Mackay's office and to the window facing Ridgway Street, nntt threw a chair through it to bring assistance, and when I had smashed the window I called out to some chaps in the street to come up. "Then, evidently, Mackay hearing my calls for help and thinking that he «euld net •!«£«, WBW.bofik and aii»d

me to shoot him, and then he rushed me. I kept the revolver pointed clear, and pulled the shots off. The next thing I can remember I was running downstairs and telling someone that Mackay had shot me, and I heard Mackay Bay over the stairs that he had shot me by accident. I don't remember much more" HEARD SHOTS FIRED. Colin Westcott Cameron said that shortly before 1 o'clock on May 15th he heard a shot fired from Mackay's office, and following the shot he heard a crash, and a chair came through Mackay's window, and Cresswell sang out, "Help, I've been shot." He.. then saw two men struggling, whom he now knew to be Mackay and Cresswell. Witness heard four or five more shots fired. He ran up the stairs and met Cresswell on the landing with a revolver in his hand. Cresswell said, "Mr. Mackay has 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 down the stairs. The latter said, "Mackay has shot me. Give my love to Mother. I have discovered a scandal" Accused repeated that the shooting was accidental. Witness was present until the police arrived, when accused gave himself up, and said- he had accidentally shot Cresswell. George Sincla'ir Cameron, father of the previous witness, gave corroborative evidence. Witness wrote in a notebook statements that Cresswell made. Cresswell said: "I discovered a scandal and Mackay shot me." He then fainted. Oharies L. White said his attention was attracted by e. crash of glass. He then heard two pistol shots in quick succession. He next saw Cresswell-coming out of the door of Mackay's office. Witness, heard accused remark that it was an accident. Cresswell replied promptly and •clearly for one in his condition, "No, it was not an accident; I was shot." "I SHOT HIM." Constable John McMullan said he was called to Mackay's office at "abo'ilt 1 o'clock on the 15th fast., and found Cresswell lying at the'foot of the stairs. Witness asked Cresswell what had happened; was it an accident or not? Cresswell replied, "Get mo a doctor." Accused said, "Of course it was an accident, and well he knows it was." Accused then said: "I give myself up, constable; I shot him."

Witness remarked, "Tin'fl is an unfortunate occurrence, Mr. Mackay," and they went into his office. Witness asked how the window got broken, and accused said, "I was showing a young man my revolver, when it accidentally went off and shot him. He then fell against the window and broke the glass." Witness said, "How did the chair get outside?" Accused replied, "What chair?" Witness then told accused to lock up his office and come to the police station. Constable David Wilson said when lie went to the scene, accused said, "I shot him Pave; I give myself up" At i the same time accused handed him an automatic revolver. Witness went up to accused's office to ring up for a doctor. Accused'* chair, with a high back, was lying on the floor. He saw broken glass on the floor and a window broken. BELIEVED HE WOULD DIE. Senior-Sergeant T. Bourke said the accused was brought to the police station by Sergt, Reid. Accused said: Sergeant, I have shot «. young man through the chest, and I believe lie will die. When the Prince was here, I was carrying an automatic revolver. I was showing it to Cresswell, and demonstrating it, when it accidentally went off and shot him." Witness next said: "I have abundant evidence of a serious disturbance in yoilr office before the shots were heard. A chair was thrown through the window on to the street.", Accused said, "Who can give that evidence?" Witness replied, "The carriers' stand across the street." Accused replied, "My God" He did not refer to it agaiii. Witness wa,? charged with the attempted murder of young Crc3swell and he replied, "I understand, sergeant." After accused was searched, witnem searched his office, and in the right-, hand drawer of a table he found five photographs of nude women. A careful search was made for a letter which witness had been told had been written by Mackay, resigning the mayoralty, but he could not find it. Witness located four revolver shells—t\vn qn the right hand side of Mnrkav'n chair, one at the back of some books, and one at tfce top of a roll-top duek on, the other side of the room- The shells fitted the revolver. One pellet went through the wall, another was found in some books, and a third was lnc>t»d in the lininsr of the wall. Mr. Treadwell: Did lie sav how long he had carried the revolver? Witness: He said he had carried it during the Prince's visit. PLEA OF GUILTY. . When asked to plead, accused, who was standing with his arms folded, r ;aid quietly and distinctly, "I plead guilty." Accused was committed to the Supreme Court at Wanganui for sentence.