McMAHON CASE

Dominion, Volume 29, Issue 257, 27 July 1936, Page 9

McMAHON CASE

Incident During King’s Procession EVIDENCE FOR CROWN Accused Remanded For Week ALLEGED GRIEVANCE By Telegraph—Press Assn.—Copyright. London, July 24. George Andrew McMahon appeared in the Bow Street Police Court to-day on charges in connection with the revolver incident which occurred as King Edward was passing Hyde Park corner on July 16. After a good deal of evidence for the Crown had been heard he was remanded for a week when be will himself give evidence. After the Attorney-General (Sir Donald Somervell) had outlined tlie circumstances of the case, a middle-aged woman, Lily Yeoman, gave evidence that she was standing beside the prisoner, who asked a mounted policeman to move, but the policeman did not comply. “When tlie King was almost level.” she said, “the man threw out his arms, pushing me aside. He had something bright in his right hand which I did not realise was a revolver. When I again looked the prisoner was stooping sideways. J thought a bomb had been thrown. Someone rushed to the loft side of the prisoner and got hold of his left arm. I saw the object leave his right hand, touch His Majesty’s horse on the left foreleg and drop to the ground.” Samuel Green, a retired journalist, said that he was standing slightly to the left of the prisoner when he first saw him. McMahon several times produced an envelope from his pocket from which be kept taking a coloured photograph of the King. Tho prisoner argued with a policeman who was obstructing his view. “As Ills Majesty came round the angle of the police horse's head.” he said, “I saw a shadow across my vision of a hackhand throw and saw a pistol drop behind the hind feet of His Majesty’s horse and a constable dismount and pick it up.” Questioned, Green said he would say that the shadow was that of the prisoner’s arm. He added that he picked up a newspaper the prisoner had carried.

Cross-examined by Mr. Kerstein, solicitor for accused, Green said he was certain that, the revolver cante from the prisoner, ns no one else was near enough.

Special Constable's Evidence.

Anthony Dick, a commercial traveller, said that as the King approached he saw McMahon’s hand go up, and he knocked it. Then he got hold of the prisoner by the collar and took hold of his right arm. He saw an object, but was not. sure whether it was In tho prisoner’s left or right hand. Replying to questions. Dick said he could not say whether he knocked the arm before an object left his hand. He admitted that he noticed an object come from McMahon’s hand, but he did not know what it was. It went close to the King’s horse. Dick estimated that the King’s horse was not less than 20 yards from the prisoner, who was in the second row. Mr. Kerstein asked If he was sure that the black object was not a camera.

Dick: It certainly was not the object I saw leaving the prisoner’s hand and which struck the King’s horse. 'Mr. Kerstein: You don’t suggest that as you knocked his arm the object was knocked out of the prisoner’s hand ?

Dick: I saw his arm go up with a black object and I saw an object leave his hand at the actual women t I knocked his arm. I don’t know if I knocked it out of his hand. I thought it was a ruler or something like that. Asked if he hud been reported in the Press as saying all sorts of things he did not say, Dick answered, “Yes, newspaper statements that I saw McMahon brandishing a revolver are untrue.”

‘‘Not. the Revolver He Picked Up.”

Thomas Alsop, mounted policeman. said that something blinded him in the sunshine. It hit His Majesty’s horse on the near side hind leg below tho fetlock. “I immediately dismounted and picked up the missile and found it to be a loaded revolver.”

When handed a bright-plated revolver, Constable Alsop said it was not tho revolver he had picked up. Chief Inspector Sands stated that Constable Alsop handed him a revolver (which he identified as tlie exhibit handed to him’), remarking. “The only difference is that now it is unloaded. T took out the cartridges and gave tho revolver to nn expert named Churchill.”

Constable Daniel Mayne deposed: “When the King was slightly to my right I saw the prisoner rushing in the roadway. Tie appeared to he making toward His Majesty. I immediately rushed forward and as he camo into position in front of mo I. grabbed liis arms and shoulders. Looking over him, T saw a shining object in the air fall under the forelegs of the King’s horse. I distinctly saw that it was a revolver.”

Constable Mayne went on to describe McMahon’s arrest, nnd identified cartridges and an envelope found in the prisoner’s presence. Tie said that when lie asked nepusod his name and address, he renliod: “I shan’t toll yon until T have had a drink of water. I am ill.” Enter he said ; “I wish T had done the job properly.” Counsel’s Questions. Mr. Kerstein: Didn't ho say something about suicide—shooting himself in front of the King? - Constable Mayne: Not in my hearing. Mr. Kerstein: Could the object have gone into the air as a result of someone striking the prisoner’s hand? Constable Mayne: Not nt that distance.

Mr. Kerstein said he wished to object to the statement “I wish I had done the job properly” being recorded in the evidence.

The magistrate said he did not think the objection could be allowed, but Mr. Kerstein might make it again. Thomas Griffiths, one of the constables who assisted in the arrest of McMahon, said that McMahon stated: “I could easily have shot him, but I only threw it. It would have been bettor if T had shot myself.” Mr. Kerstein: Did ho say that in front of the King? Griffiths: No. Cross-examined, Griffiths said that Constable Mayne first grasped the

accused anil then himself. “Dick did not touch the prisoner,” he said, "until we were taking him through the crowd.”

Mr. Kerstein: Did you see Dick or anyone else knock anything from the prisoner’s hand? Griffiths: No.

Robert Churchill, ,a gun expert, asked whether, if (he chamber opposite the barrel was empty and the rest loaded ami the trigger was pulled, one of the cartridges would be discharged. replied, “Yes” Mr. Kerstein suggested tiiat if the chamber iu line with the barrel was empty the revolver would not discharge if the trigger was pressed. Churchill: It is possible. Detective-Inspector Kidd, asked by Mr. Kerstein whether McMahon appeared to be distracted wlien he talked of shooting himself in front of the King, said he was fairly composed, and (lien he became very violent at Hyde Park police station. “A police officer in my presence removed his collar for safety’s sake,” ho added. Mr. Kerstein: You thought it a wise precaution lost he committed suicide? Inspector Kidd: Yes. Mr. E. C. Fulton, senior prosecuting counsel, asked for the committal of McMahon on all three charges. Letter io Sir John Simon. Mr. Kerstein read a letter by McMillion to Sir John Simon ou July 16. as follows:— “I deeply regret the necessity for this note, but T cannot contain myself any longer. For some years I have been a victim of organised persecution. Your hirelings have tortured me for many months with unjust imprisonment for the reason that I unsuccessfully endeavoured to stop systematic blackmail by your subordinates. Whatever employment I obtained was wrested from me by your servants. The persecution continued, despite repeated appeals to the highest authority. yourself included. It is my bounden duty, as a supposed subject of the King, to demand justice, as previous appeals to His Majesty have been unsuccessful. I demand full satisfaction within fourteen hours for such unBritish conduct by your servants, and the retraction of vile accusations levelled against mo. Tn tire event of your failure I will exercise my own prerogative and obtain the necessary satisfaction my own tortured mind considers adequate. This is no idle boast. I demand justice irrespective of the consequences. My greatest desire and ambition has ever been to help my fellow-subjects, irrespective of class or creed.” Mr. Kerstein asked Chief-Inspector Sands if the police called at McMahon’s house on the morning of July 16.

Inspector Sands: “I do not know.” He agreed that certain communications from McMahon had reached Buckingham Palace. As far as he was aware, none of them was threatening. He admitted that McMahon had been convicted at the Old Bailey of criminal libel against police officers, but the conviction was quashed by the Court of Appeal. Questioned further. Chief-Inspector Sands agreed that McMahon was imprisoned for some months in connection with that case. His grievance related to alleged unjust imprisonment.

Counsel's Address.

Mr. Kerstein, addressing the magistrate, said that never in a case of such gravity had the prosecution brought such a collection of witnesses contradicting each other. No two told the same story. No reasonable jury would convict, at least on the first charge. The evidence as a whole showed that McMahon had an opportunity of firing a weapon but did not do so. The evidence also showed that McMahon had taken the precaution of removing a cartridge. He might have meant to make a gesture, but that he did not intend to harm His Majesty was abundantly clear from the evidence for the prosecution. Within an hour of the incident, said Mr. Kerstein, every newspaper placard said that an attempt had been made to assassinate the King. It must be obvious that every person in Britain believed there was such a desire. It should be inade clear at the earliest possible moment that that was not the case for the Crown and that that was not the cliarge on which McMahon would have to stand trial. “If tlie Crown insists that the prisoner intended to endanger life,” he said, “any jury would find hmi guilty, and therefore the jury system must fail. This is the first time in tho history of criminal law that the jury system would Ibreak down, but break down it must. One thing Is perfectly plain: No one desired to hurt his Majesty.” Dealing with the charge of intent to alarm His Majesty, Mr. Kerstein said "It must be clear that prisoner intended to make a protest and draw the attention of the King and the people to his grievance. “I cannot defend the manner of protest,” he declared, “but the prisoner was certainly not normal at the time. He thought, rightly or wrongly, that His Majesty would turn round and ask, ‘Who is that man?”’ The magistrate said he thought the charges were proper ones on which to commit McMahon for trial.

ALLEGED CONTEMPT OF COURT

London, July 24. The King’s Bench division has granted another application for a rule nisi for a writ of attachment for contempt of court against Gaumont-British Distributors, Limited, and the manager and proprietors of the Hendon Central Cinema. An affidavit from Mr. Kerstein, McMahon’s solicitor, stated that he protested against a Gaumont-British news film described as “Attempt to assassinae the King,” and that despite assurances from the company that it would delete offending passages, the film continued to be shown iu a form calculated to prejudice the fair trial of the accused.