A WEST AUSTRALIAN TRAGEDY.

Auckland Star, Volume XXXIII, Issue 75, 31 March 1902, Page 2

A WEST AUSTRALIAN TRAGEDY.

THEEE MEN SENTENCED TO

DEATH

PATHETIC SCENE IN COUET.

PEETH, March 23

The immense interest taken in what is known as the Hay-street tragedy was exemplified ••• on Saturday morning- by the great crowd that gathered at the Criminal Court. It was known that the jury had been locked up all night, and that they were to be called before the judge at 10 o'clock. The Chief Justice took his seat punctually. Among- the spectators was Mrs M'Kay, mother of one prisoner. The foreman of the jury said: — "We find Donald M'Kay guilty of murder, and William Cullen and John Campbell guilty of aiding and abetting, with a strong recommendation "to mercy. We have a rider to add. We had some trouble in agreeing to a verdict- In the interests of justice we have agreed to a verdict of murder, but we hope that the full extent of the law will not be carried out, because we do not believe that the prisoners intended to murder John Gray."

When asked if he had anything to say, M'Kay, who was crying, said: — "I've -been found guilty of a terrible crime. There is no doubt that I was the cause of Gray's death, but wilfully, no—a thousand times, no. I received provocation; my blood rose and I hit him, but I had absolutely no intention of killing him."

Campbell said:—"l am innocent. We were all drinking together; that day. I did not know Gray, and had nothing1 against him. I did not interfere with him in any way-"

Cullen said:— i-e and Campbell took no part in the assault. I did not know Gray, and never saw him in fny life before." The Chief Justice: "Donald M'Kay, John Campbell, "William Cullen, after a very fair p,nd patient hearing, after very careful attention Has been given to the evidence by the jury, who considered all the facts, you have been found guilty of murder. You, M'Kay, are the one who caused the death of the- man Gray. You, Cullen and Campbell, from the evidence, appear to have acted in concert. You did not actually assault Gray, you left that to M'Kay; but you were present "to assist, and in the eyes of the law ' you are equally guilty of the offence. M'Kay, you are a ypung man. I trust you feel your position: I do not want to say anything to aggravate your position, but I cannot help addressing a few remarks to you- Would to God you hau done what you.said, and gone home'to your mother, who loves you, after you had first assaulted Gray. Then, with him, you might have had a long and useful life. I cannot hold out any hopes of mercy, but will forward the recommendation of the jury to the Exectrtive. I cannot tell whether mercy will be extended to you in this world, so I warn you to become prepared for the next. You may not have had any intention to kill Gray, but the evidence is clear that you intended to do him grievous bodily harm. As I pointed out to the jury, if, in the carrying out of that intent, death ensued, the law declares that murder has been committed." His xionor then put on tne black cap, and sentenced the prisoners to death.

M'Kay, still crying, said: — "God have mercy upon me-" The other two men took the sentence quietly.

M'Kay's mother cried bitterly, and had to be assisted out of court.

Outside the court there was a large of people, morbidly curious to see the prisoners enter "Black Maria." Serg-eant Smith, with mounted and foot men, made an avenue along which the prisoners walked, Cullen, for certain reasons, attended by four constables.