SENTENCED TO DEATH
NZ Truth , Issue 505, 20 February 1915, Page 2
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SENTENCED TO DEATH
THE JcCANNS' MURDERER DOOMED PRISONER HAKES PLEA OF INSANITY Rottmann Relates What he Remembers of the Crime
Mad Drunk and m a Dream "Costs" Mackay Makes Able Defence
The, three days' trial of the young German, Arthur Rottman, for the brutal murder of the McCann family at Ruahine, m December last, came to a conclusion at the Wanganui Supreme Court sessions on Saturday afternoon list. Right -throughout the hearing keen interest was taken m the proceedings; the Court being continuously crowded with the public. His Honor, Judge Chapman, was on the Bench. Rottman- was represented by "Costs" C. E. Mackay, and Lawyer G. Marshall was Crown Prosecutor. The first day was mainly wucn up m hearing purely formal evidence of those who had come m contact with Rottmann: roundabout the date of the crime. No new facts- were disclosed beyond what has already been fully reported m "Truth." Dr. Burton, of Mangaweka. gave/ formal evidence- of the wounds inflicted oh the hapless Mc- Canns and their baby, and ..when "Costs" Mackay sought to' inveigle him into a dissertation on "brain storm" and impulsive insanity/witness, said he, did not profess to b$ an authority on the question of insanity. v At the second day's hearing, Detect itive-sergeant Rawle, of Wellington, detailed the capture of Rottmann. He gave evidence that when Rottmann" was brought out of the bush and charged with the murder of the McCann family, Accused said: v "I'M GUILTY. God punish the man who brought liquor into this country." About half an hour later accused asked: "Is Mr.Mccarin buried?" Witness replied, "Yes, I think he is." Witness said Rqttmann asked the question sincerely and spoke in -a, sad tone. Constable D; Crow, who assisted to take the murderer, from. Mangaweka to Wellington, after the inquest on the victims, said that Rottmann made the following voluntary statement: Rottmann said: "I got home at 3 o'clock, and., went early with -McCann to the cowtfaiU McCann started to put m- 'a -new 'board./, I asked him to; let me do it, as I was a good carpenter. Mc- Cann said,' 'You are too full.' I said, 'I can swing the axe.' I started to swing the axe round my head, atid accidentally hit McCann, I then slept for two hours, 'and. when I got up. I saw McCahn lying Oh the floor. I got another bottle of whisky, and went and drank it. I wanted to kill myself. I then went to Mrs. McCann's bedroom, and told her what I ha,d done. I don't remember anything more until I' came, to the cowbail and saw Mr. McCann; 1 I got sober all at once. I. then put four kerosene tins of water into the ,milk, and went to the factory.? "Costs" Mackay elicited the fact that Rottmann had. received a telegram from Lawyer Tom Wilford at/the inquest at Mangaweka. The wire was very brief and -to the point. It read: "WRITE NOTHING, SAY NOTHING, DO NOTHING." According to the constable. Rottmann would appear to have. ignored this advice.' Constable E. Clapman was the other half of Rottmann's escort from Mangaweka to Wellington, and he strenuously denied the implication of "Costs" Mackay that Rottmann had been advised m the 'lavatory of the train "to make" the 'statement ''for his own sake." "COSTS" MACKAY'S ADDRESS. The opportunity of addressing a jury on a murder-charge does not come oftfcn m the. -life of. a 4 !Cpsts" and "Costs". Mackay" made the most of the chance vouchsafed him. He said.that h« spoke under a feeling j of deep responsibility. -There were cir-' cumstances which might create a pre-
judice against Rottmunn, as ho was a Gorman, and a member of a nice now sit war with the Empire. But such things should not weigh. If there was any doubt, the accused" should have the benefit of it. The facts of the case wore not complicated. It would be admitted that tho lad m the dock was responsible for tho three deaths,- and that he struck the fatal blows. What was tho defonce? Tho Jury would have gathere<* from the cross-examination of Dr. Turnbull that it would bo contended that the accused was not- responsible for his actions. The law was humane. If a man was insane he was nt>t punished, nor executed. Insanity was manifested In several ways. Jt'might take tho form of delusions: it might bo frenzy or epilepsy. The latter was hard to^dingnosc. Abuse of alcohol was a frequent cause of insanity and was manifested m the form ot DELIRIUM TRT3MBNS OR MANIA APOTL*. lie claimed that tho evidence would Mhow that the jury would be justified, m returning a verdict of not guilty on tho grounds of Insanity. If a man was not m a state of mind to appreciate what ho did. he could not be hold to be responsible for his actions. It did not follajv that a nmn tdiould go free, but he would be detained, during tho plon- Hure of the Governor, m a mental hospital, under eloso confinement, and wht-ro -society would b« safeguarded. Proceeding. Mr. Mackay flrongly »demred tho action of tho two constables m endeavoring to extract ■statements from tin' accused. Tho pr.ictire had been strongly condemned, but i had grown so much that legislative slops ha<l been rendered ■nocejwary. In conclusion Mr. Mackay «al.i that I'.ottnianu would be placed In the w^iuhsbox. Ho was the only one who could nay what actually occurred. Tho "Costa" finished by rcatlitiK a letter from Captain Hoi lons, of the Hinernoa who KJ» vt Hottmunn a roo<l character; and "Sky IMlot" Jimmy Moore, of. tUc SutJors' Friendly Mission,
Wellington, also said that the accused bore an -excellent character. ROTTMANN IN THE BOX. The accused then entered the box. With a decided Teutonic accent, and m halting English, -.he said: "I will be 21 years of age on April 4 next. I was born on the .Upper Rhine m Germany. My father was an assistant railway manager. I was educated for two years at Dusseldorf, arid nine 1 years at another school which' had a University connected with it. t was prepared for a career on" land, but at the age of 17 years I went to sea on a training ship, transferring at Liverpool to an English ship. On arriving m New Zealand waters I joined the Hinemoa, and stayed there for eight months until the war "broke out. Captain Bollons wanted to keep me. The police did not object, but the, Marine Department "made me leave. When I went ashore I wanted the authorities to send me to Soamesr Island^but they induced me, to go to the Labor Bureau, and that was howl came to get the billet at.Ruahine." "My father used to drink," he continued, "and my mother has twice been m an; asylum; One of my brothers died of brain fever, and my SISTER SUFFERED FROM HYSTERIA. My parents told me that when I was a little boy I fell down some stairs: I was also injured when coming out to New Zealand, when furling the topgallant sails with three other A.B.'s. Two of them went overboard, and I was slung across the rigging and hurt. Later, I was shipwrecked on the Australian coast; I arrived at Ruahine on August 16,; and got on well with the' McCann family, and did not have any, quarrels. On Boxing Day, I went with Neil (a previous witness), to Ranglwahia. I had a drink before dinner and then had more. At 3.30 p.m. I suggested toNeir that wo should start for home. i -A Mr, .Mackay: What sort of state were you m then Not too good. You had 'too much drink? Yes. t'then had a sarsdparilla and lemonade, and got two bottles of beer and some sandwiches to take home. 1 got my horse but fell off twice. Neil would- not go home just then. I said it was not fair, as I had treated him so well. We had two more glasses ofbeec brought but to us. I said it vtould be very late by the time they got the cows m, and probably I WILL GET THE "SACK." If that happened I would, not know where to get a job. Neil "offered to give me a job, falling some bush. We stayed and. had tea. When I got home, after midnight, I found the doors and my bedroom window locked. I stayed outside until McCanm came .out about 4 a.m. McCann said: "You are back very early.: I ."did not expect you until 7 o'clock. I was wild last night. I waited till 6,30 p.m; before. l- got the cows m." McCann then gave me a whisky, and said I could go and sleep. I did not do so^and we dfd the milking together. After breakfast I went down to the -factory, When I got home, wo talked about sheep s and McCann said that he 1 was going to fleeco at Sweet's place on the Monday. I and McCann did the mllkhjK that, afternoon, and a homely evening was decided upon. We were talking and singing and drinking until 1 a^n. the next morriing. Then Mrs. McCann took her husband to bed. I went to ray room and had some mora beer. Just before daylight McCann came to'my bedroom and said that I had kicked up such a noise that the I family could hardly get any sleep. Then I we went to 'the cowshed to make an early start. Lj&rent for the "cows, and when I returned, McCann .had an axe m his hand, fastening a board. I took hold of the axe, swung it round, and struck a post. I DO NOT REMEMBER ANYTHING .MORE, until T, found, myself lying on tho ground outside. I pulled myself together, wont to the house and'had some more whisky. I next remember finding i myself on the floor betwoen Mrs. Mc- Cann's bedroom and the spare bedroom. Looking into Mrs. McCann's bedroom, I saw a great deal of blood on tho bed. At the same time I felt agreat shock, and seemed to get sober. I then closed both the doors and went into my own< room. I tried to think where Mr. Mo- Cann had got to, and consequently started for the cowshed. -On the way I stepped on something hard, and found It was tho axe, with blood on it. I stood still for a moment, and listened. After I had seen what had been done at the- house, I felt sure that the same thing had happened down below (meaning m the cowshed.) I felt that nobody but myself could have committed tho crime. Accused then* told how he had got out of the district. In consequence' of what Rottmann said that had occurred on tho train journey with .tho pollpe escort, "Coßts" Mackay naked leave to withdraw the remarks he< had made against tho police. Mr. Mackay: Do you believe that when swinging the axe round your head I it might havo struck McCann hy accident?—l think so. v Mr.- Marshall: You twy that, m the face 6t tho doctor's evidence of six blows? No answer. You cannot explain? No. Tho only thing I remember is the axe going against the post. Why should that atupify you?— l don't know. IT WAS MXX A DREAM. j Dr. Grey Hnssell. medical superintendent of tho Porirua Asylum, gave medical evidence. He said Rottmunn'B family history wns not good from a mental point of view. Other doctors were called, and all upheld the mania apotu OR "MAD DRUNK" THBORY. On the Saturday morning, "Costa" B. Mackny addressed the jury for on«> hour and fourteen mlnuton. making- an eloquent appeal for mercy. Itis Honor then reviewed tho evidence at length, and tho Jury retiring Just before one o'clock, came back about an hour later and brought back v verdict of "Guilty" on all three counts. Rottmann was plainly affected at the verdict, and for a moment could not reply -when nsked if ho had anything: to say before SBNTENCK OF DEATH WAS .PASSED upon him. Then, mustering himself, he said m a clear voice: I have only got to wiy that 1 have j j lio.cn working for the McOann's slncu August 15, IDI-I. W'v always j Mpftiit our lime happily together and i never looked for uny argument. I j I always rocoivotl tho I »<-*tt of tro;itnnMit, untl then? couhl bo no ruction j i -for me klllltiir thorn ami their poor I i little child. Although my country In at war with yourn, I have re| eelved a fair trial, unit if f havo to die, like my countrymen who arc I liKhtlnfr, I will fac« death with a j tcood heart, and leave It to the irreut day when God our Father m Hcuvcn shall Judge. Before pausing wontence. Mr. Justice Chapman said he was norry to »oo a young moo who had hitherto borne a
good character m such a position. Tho prisoner had, had tho benefit'bf counsel, and had been ably' defended. He was sure that the circumstances of the German nation being at war with the British Empire had nothing to do with the crime, or* the course of evonta of tho trial. Prisoner had been found guilty on the plainost of evidence, and the verdict was entirely justified. He regretted havirig to pass ttcntence of death on so young a man, but the jury had found him guilty, after a careful trial. His Honor said ho could not hold out ANY HOPE OF "MERCY the part of tho Government but tho matter would bo considered /by the Executive. Not one murder, but three murders, had been committed with full knowledge of the circumstances. The prisoner could not look for mercy In this world. Amidst tense silence his Hqnor then put on the black cap, and impressively spoke the fateful words: "You will bo taken from here to tho place of execution, nnd there yl bo hanged hy the neck until you are dead. May God have mercy on your soul." For a moment the condemned man looked straight ahead with fearless gaze Thon tho warder touched him on tho shoulder, and with firm step ho walked out. of the dock- under escort, and disappeared down *c stnirwny from tho public view. In dlsmlßslng the jury, hl« Honor 1 said that tho verdict hud his entire approval. It is uuderHtood that Rottmnnn will be executed at tho Wellington Terrace gnol, but the date cannot bo fixed until Cabinet ha« formally endorsed the sentence.
