A PLEA OF GUILTY

Evening Post, Volume XCIX, Issue 126, 28 May 1920, Page 8

A PLEA OF GUILTY

WANGANUI ATTEMPTED MURDER CASE

WHAT CRESSWELL SAYS

A DECISION TO COMMIT SUICIDE.

(BY TELEGRAPH.—PEEBS ABBOCIATION.)

WANGANUI, 27th May.

At the Magistrate's Court this afternoon, C. E. Maekay, for thirteen years Mayor of Wanganui, was charged with the attempted murder of Walter D'Atcj Cresswell, a returned soldier. The court-room was'packed, the police having to clear a passage to allow witnesses to enter.

Dr. Hutson, medical superintendent of the Wanganui Hospital, stated that on 15th May Walter D'Arcy Cresswell was admitted to the hospital suffering from a wound in the right side of his chest. It was about on the level of the heart, but on the . opposite side. The •wound was obviously caused by a bullet. The bullet had not been located, and, the wound wae a very small one. Cresswell had been under\ the car* of witness since his admission. As far as he anticipated there was no danger to CreesweH's life afc present, but Cresswell was not able to appear in Court to. give evidence. The bullet had entered a lung, but may have gone right through. • To the Magistrate: During the- first few hours Cresswell's condition' was serious, but after the ues of the usual restoratives his condition improved rapidly.;. Inspeotor Hendrey stated that on the 26th instant he received infomation that accused wished ■to see him at the gaol. Witness went and there saw accused in the presence of. Mr. Treadwell, his lawyer. Witness then produced a statement that had been taken from Walter D'Arcy Cresswell at the hospital. Witness handed the statement to Mr. Treadwell, and suggested that the latter, if he desired, might permit accused to read it. At accused's •request the latter retired with Mr. Treadwell, and some twenty minutes later returned to the room and informed witness that he had read the statement and made an endorsement: "I haveTead the above statement, and so far asitrelates to my own act and deed, I admit the statement to be substantially true." Accused then signed and dated the statement, and at the suggestion of witness initialled each of the pages. Witness then produced a statement made by Cresswell in the hospital, and read it. It was as follows:— '" ■ STATEMENT BY CRIISSWELL.

• "I am a returned soldier, 24 years of age, and. reside with my parents at Timaru, in the South Island!. I have dons no work since I returned from the war. . I came to .Wanganui on Monday, the 10th instant, and'met Mackay on that date. I met him at dinner at Chavanne's Hotel, with my cousin, at Mr. Mackay's invitation. Nothing abnormal happened while-at dinner. I spoke to Mackay between the time I had dinner with him on Monday night and entering his office on Saturday morning, the 15th instant; My cousin and myself went to the Hawera races on Tuesday, the 11th instant, and returned to Wanganui the following evening. I met Mackay on Thursday, and asked him to come • to ' dinner at the Rutland' Hotel that night with my cousin' and myself. Mackay kept the appointment, and we had dinner at the hotel. Nothing took place while we were at the hotel, and I had not said anything to Mackay that would offend him,* Oh the Thursday evening Maokay invited me to go to the Art Gallery with him on the Friday afternoon. I accepted his invitation', as. I v/anted to know more about Mr. Mackay. On the Friday afternoon about 4'p.ni. I met Mackay at his office in Ridgway-street. Then we went to /the Wanganui Chib in St. Hill-street, and had a cup of tea. From there we> went to. the Art Gallery. Mackay unlocked the*,door, as he had the keys, and then we had a look through the building. 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 showed me several photographs of nude women. I purposely encouraged him to display the qualities in his nature which I expected. On making that discovery, I told him that I hail led him on on purpose to make mire 1 of his dirty intentions, and I told him also, among 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. I stayed at the Rutland Hotel on Friday night, as I was going to a'dance in the Druids' Hall that evening. During the night I decided that he should resign the Mayoralty in a week's time. At my suggestion, and partly at my die-' tation, Mackay wrote a letter to my cousin, and I saw it posted.

"On Saturday morning, as arranged, I called on him at 9.30 a.m. afc his office in Ridgway-street, and the whole morning was spent by him 1 in pleading with me on account of'his 1.-wife and family, and not to force him to resign. 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 £200 he got for being Mayor. I was very anxious to be just, and do nothing cruel to his family. He told me he was suffering from a complaint which made it impossible for him to control his passions, and said that his doctor could satisfy me in that respect. He rang up his doctor on two or threo occasions, but each time the doctor was out. After useless talking and long silences, he asked me to come round to the club, arid 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 depision 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 me to come back to his office. I think that I was very foolish not to have left him, but I was anxious to be quite just to him. I should say here that I had promised to say nothing about what I had discovered if he would resign at the end of the week. I did not xvant to judge him, but I was determined he had no business to bo Mayor. TERRIBLY UPSET. "Back in his office again, I, being very tired, took a moro determined stand about it, and threatened that if he didn't immediately give me a letter promising to resign at the end of the week, I would at once wire to my dad in Tirnaru to come up, as I felt that it was getting too much df a strain on me alone. He | seemed so terribly upset that I then exI tended the time to a- fortnight. Then ;he implored me for a month's time, and "spbke.a. lot about his wife and family. I was quite firm about the fortnight, arid he then asked for a few minutes alone to clear his head, or something of that sort, aiid went into aa ante-room, where a girl

worked. 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 said: 'All right, I will, give you a month from to-day.' Then ho came over to his table, and wrote a letter promising to resign the Mayoralty a month from that date, and put it into a large envelope. We then arranged that it sTiould be addressed to me at the General Post Office, and registered, and I promised to let it lie at the Post Office until the month was up. So he put it in his pocket, and we walked toward the door marked 'A,' Mr. Mackay leading the way. THE SHOOTING DESCRIBED. "Before ,■ reaching the door Mackay suddenly turned round and I found that he had a revolver pointing at my chest, j We were only a foot or two apart. I think he said:. 'This is for you;' but lam not p.ositive. Then he fired almost immediately, before I could recover from my amazement^ and, I felt the bullet enter my rf^ht 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 to the window facing Bidgway-afreetand threw & 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 couldn't escape, came back, and askedl me to shoot him, and then he rushed me, and 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 say over the stairs that he had shot me by accident. I don't remember much more. I was wearing the clothes (produced) .when shot." "I HAVE DISCOVERED A SCANDAL." Colin Westcott Cameron, engineer, Mangawhero, said that shortly before 1 o'clock on 15th May he was at Coull's Auction Mart. He heard a shot fired in Mackay's office. Following the shot he heard a crash, and a .chair came through Mackay's window, and landed on the pavement. Witness saw Cresswell at the window, and he sang out: "Help, I've been shot!" He then saw two men struggling. He now knew them to be Mackay and Cresswell, and witness heard four or five more shots fired. Witness ran upstairs, and jnet 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 downstairs, and 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. Accused gave himself up, and said he had accidentally shot Cresswell.

George Sinclair Cameron, father of the previous witness, gave corroborative evidence. Witness wrote in a notebook statements that Cresswell made. Cresswell said he believed he was dying. Witness said : "Surely you are not as bad as that?" ; CTesswell said : "Yes, I am going." Mr. .Sykes said: "If you think you are dying you had better tell us all you know." . Cresswell said : "I discovered a scandal and Mackay shot me." H« then fainted: Sydney Sykee, Harbour Board employee, said he took the revolver from Cresswell and subsequently handed it to the police. On the way downstairs witness said to accused :' "Good gracious, what has happened?" Accused replied : "I was showing, him my revolver and it accidentally went off and I shot him." After the ambulance went away with Cresswell, witness, went upstairs and saw accused. The latter said he was putting his papers away and put some in the safe and locked it. Charles L. White, a traveller, said his attention was attracted by the 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." ! Constable John M'Mullan said he was called to Mackay's'office about 1 o'clock on the 15th inst. and found Cresswell lying -at the foot of the stairs with Mr. Sykes supporting his head. Accused was standing on the stairs. Two or three other people were present. ACCUSED MAKES A STATEMENT. Witness asked Cresswell what had happened—was it an accident or not ? Cresswell replied: "Get me a doctor." ' Accused said: "Of course it was an accident, and well he knows it was." Accused also said: "I give myself up, constable. I shot him." Witness remarked : "This k an unfortunate occurrence, Mr. Mackay," and they went into his office.

Witness asked how the window got broken. Accused said :"I was showing the 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 Teplied: "What chair?" Witness then told accused to lock up his office and come to the police station. Constable David Wilson said when he went to the scene, accused said: "I shot him, Dave; I give myself up." At the same time accused handed him an automatic revolver. Witness went up to accused's office to ring for a doctor. Accused's chair, with a high back, was lying on the floor. He saw broken glass on the floor and the window was broken.

Senior-Sergeant T. Bourke said accused was brought to the police station by Sergeant Reid. Accused said-: "Sergeant, I have shot a young ma.n through the chest, and I believe he will die. When the Prince was here I was carrying an automatic revolver, and was showing it to the young man Cresswell and demonstrating it, when it accidentally went off and shot him." Witness next said: "I have abundant evidence of a serious disturbance in your 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 on the stand across the street." Accused replied : " My God !" He did not refer to it again. Witness charged accused with the "attempted murder of young Cresswell, and accused replied: " I understand, sergeant." . • • After accused was searched, witness searched his office, and in the right-hand drawer of the table he found five photographs of nude women. A careful search was made for a letter which witness hatl been told had been written by Mackay, resigning the Mayoralty, but he could not f.ncl it. Witness located four revolvpr shells, two on the right-hand side of Mackay's chair, one at the back of some

books, nnd one at the back of a rolltop desk on the other side of the room., The shells fitted the revolver. One pellet went through the wall, another into some books, andj a third was located in the lining of the wall. ■ A PLEA OF GUILTY. Mr. Treadwell: " Did he say how long he had carried the revolver?" Witness: "He said that he carried it during the Prince's visit." When asked to plead, accused, who was standing with his aims folded, said quietly and distinctly: " I plead guilty." Accused was committed to the Supreme Court at Wanganui for sentence.