OLD MAN CHARGED

Auckland Star, Volume LXXII, Issue 287, 4 December 1941, Page 8

OLD MAN CHARGED

ASSAULTS ALLEGED

CONSTABLES AND A GUN

Happenings in a two-storeyed house at No. 6, Grey's Terrace, off Grey's Avenue, on the night of November 18, when a shotgun was discharged and an elderly man overpowered, nandcuffed and arrested by a party of police, were related to Mr. J. Morling, S.M., in the Police Court to-day, as James Maxwell Morrison, a pensioner, aged 72, sat in the dock on two charges of aggravated assault.

Morrison, for whom Mr. J. J. Sullivan appeared, was charged with attempting to murder Sergeant L. E. G. Wilson on November 18, and further with assaulting Constable W. S. Edwards in the execution of his duty.

On the application of SubInspector Macnamara, who prosecuted, these cnarges were withdrawn and substituted by charges of committing an aggravated assault on Sergeant Wilson and Constable Edwards.

Each charge is being heard separately, that of aggravated assault on Sergeant Wilson being taken first.

"Sergeant Was Coaxing"

Benjamin Mellor "Ward, aged 75, who said he lived in the same house as the accused and occupied a room opposite that in which Morrison and another man lived in, said he remembered Constable Edwards and another constable calling to see Morrison about 7.30 p.m. on November 18. Witness went upstairs to Morrison's room and told accused two policemen wished to see him. Morrison would not come out of his room. Constable Edwards then told accused he had better come out.

I heard a couple of clicks which I thought was a rifle being loaded," added witness. "I knew that Morrison had two firearms in his room. After the clicks were heard, both constables left the house. About 8.30 p.m. a sergeant and five or six constables arrived at the house. I then heard the sergeant pleading with accused to put his rifle down. Accused said, "You are not going to take my rifle." The sergeant was coaxing Morrison to try and get him to put his rifle down. The sergeant said to Morrison, "If I send the policemen away, will you put it down?" Morrison replied. "The first man who comes into the room, I'll drop him!"

Continuing, Ward said there was talking for quite a while before the gun went off, which would be about 25 minutes after the sergeant arrived. When the gun went off the police rushed into Morrison's room. Witness described Morrison as a very respectable man and one who never touched liquor.

Alleged Threats by Accused

Constable Edwards said he went to the house with Constable Costello in order to execute a warrant for Morrison's arrest on a charge of assault. When accused did not appear witness called out to him to come down as he wished to see him. Morrison replied: "I'll bring one of you down in a minute!"

I then heard a click which appeared to me to be a sound like the bolt of a firearm, so I decided to return to the police station for further advice," added Constable Edwards. "At 8.30 p.m. I returned to the house with Sergeant Wilson and five other constables. We went upstairs. Accused's door was almost shut. Sergeant Wilson asked Morrison if he would talk the matter over with him if he sent the constables away. He said: 'No.' "

Constable Edwards said Sergeant Wilson spoke to Morrison for at least 20 minutes. Witness heard Morrison say to the sergeant: "If you come into this room I'll drop you." A report of a firearm was then heard. Sergeant Wilson rushed into the room, followed by three other constables. Witness heard a scuffle and on going into the room he saw Constable Wilson trying to take a gun from Morrison, who was being held by Sergeant Wilson and two constables. Before being taken to the lock-up Morrison said he did not mean to shoot. (Proceeding)