COMMITTED FOR TRIAL

Grey River Argus, 19 March 1942, Page 6

COMMITTED FOR TRIAL

ATTEMPTED MURDER CHARGE Against Wataroa Publican PLEA OF NOT GUILTY A plea' of not guilty was entered by John Morresey, aged 36 years, married, hotelkeeper of Wataroa, when he appeared before Mr G. G. Chisholm, S.M., in the Magistrate's Court at Hokitika yesterday, to answer two charges of attempted murder: Accused, who appeared on remand from Greymoutn, was charged with attempting to murder Aage Anton Pederson, and Thomas Francis Walsh, at Wataroa on February 10, 1942.

The charges arose out of a sensational early morning fracas at Wataroa on February 10, when two men were seriously wounded by charges from a shotgun. Owing to the condition of the two men, the Court adjourned to the Westland Hospital in the afternoon to hear their evidence Pederson was able to walk about but Walsh had to give his evidence from a wheel chair. Mr M. B. James,. of Hokitika, represented accused. Detective Sergeant H. E. Knight, of Greyrfiouth, conducted the proceedings for the police. Ronald Robert Pawsey, police constable stationed at Wataroa since January 3, said he knew Pederson who was commonly referred to as '‘The Dane.” As a result of information received by telephone at 4.30 a'.m. on February 10, witness commenced to get dressed when accused came to his window which was open. He pushed the fastening open and pulled the blind up and said: "Are you, there, constable?” When asked what the trouble was accused said: "I have done it. I am prepared to suffer the penalty. I shot the Dane and Tom Walsh. One is dead and the other is dying. I am not worrying about the Dane, but I hope Tom Walsh lives.”

On witness going to the front door accused was still standing by the window dressed in a' shirt, short underpants and socks. Asked what happened accused said: “We got into an argument over the war and politics. The Dane is a' b to argue.” He said the men were lying up the rofad “I did it.” accused continued. “I am sorry.” He said he had injured the men with a shotgun. With the aid of a torch witness noticed Morresey had a facial wound below the left ear. There was blood on his shirt and there Was a lump on his head. He appeared to be quite rational, but he put his head on the windowsill and commenced to cry. He said: “I am sorry. You can put me behind bars if you wish.” Accused appeared to be quite sober, although his breath smelt strongly of intoxicating liquor. He gave the impression of having consumed a good deal of liquor, the effects of which had passed off. Witness, when he went to the scene, made a plan (submitted). On arrival at the hotel accused walked towards a black Vauxhall motor car parked in front of the hotel. It was on its correct side of the road, just oft the bitumen, facing west. The front door of the car was open. Witness noticed bloodstains on the front seat and also on the roadway on either side of , the car. He heard someone groan from the other side of the road, and on crossing found Pederson lying on his left side facing east. His head was resting on a large stone. Two local residents joined him at the time, Roy Arnott and George J. Thomson. Pederson was lying beside Thomson’s garage arid was dressed in a sleeveless jersey, trousers and shoes, but neither hat nor coat. His left hand was clasped round his right upper arm, whicn, with his clothing, was covered in blood. His eyes were open and he was breathing. Witness asked what happened, but he did not reply. Bo nodded to accused standing by. Witness then saw a large gaping wound in the right upper arm. Accused leaned over Pederson and said:,“Serve you b well right. I hope you die you b .” Dr C. A. Corban then arrived and attended to Pederson. Accused walked towards the hotel, remarking “I will go and cut my b throat.” Witness then went with accused back along the road to Clarke’s store, where he found Walsh lying on a couch in 'a sitting room. He' was being attended to by Mr and Mrs Clarke. Asked what happened Walsh said, nodding towards accused: “He used the shotgun on the Dane and I.”

He said he was in pain and asked for the doctor, who arrived shortly afterwards. Accused knelt beside the couch, placed his hand on Walsh’s head and said: “I am sorry for what has happened.” Witness telephoned the sergeant at Hokitika and asked for an ambulance. With Morresey he went to the hotel.where he was met by accused’s wife and a woman employee, Faith Rowden. Accused said he did not know what he had done with the shotgun. Mrs Morresey said that the gun was in the bedroom. They went to the room and found a double-barrelled shotgun (produced) standing behind the door. The gun contained two discharged cartridge shells. In the bar parlour witness noticed a set of golf clubs lying on the floor. The mats were turned up, the fender was pulled up, and a 303 calibre rifle stood in the corner. The room appeared as though a disturbance of some kind had taken place. The bar was closed down. The rifle was not loaded. Constable Busch, of Ross was first to arrive and looked after accused for some time. Pederson had been attended by Dr Corban, where he had been lying and was later carried into the hotel and rested on a table. He was then taken by plane to the Westland Hospital. The plane returned later and removed Walsh. Detective Sergeant Knight had arrived, accompanied by Constable W. T. Roughan, of Greymouth, and Constable Moore, of Hokitika. The detective sergeant took charge of proceedings. Witness wag present when i portion of a statement was being obtained from accused by the detective sergeant, also when accused was warned in the usual manner regarding making a statement. Accused said he desired to make a statement 1 and tell his own story of what had happened. The car outside the hotel was the property of Walsh. There was a pool of blood on the floor of the car, and bloodstains on the right running board and portion of the front mudguard. Pederson’s arm was bare where he was wounded. Witness visited the bar, as a result of what accused had said, and he found three twelve gauge cartridges (produced) on the shelf of the bar. The cartridges were filled with No. 4 shot. Morresey was later arrested and taken to Greymouth. Since witness had been at Wataroa he had always found the hotel conducted in a satisfactory manner, and at no time prior to the shooting had he noticed accused under the influence of liquor. There was a thick fog in the morning and visibility was not of the best.

MEN’S INJURIES. . Dr B. L. Wilson, a medical practitioner, of Hokitika, said Pederson was admitted to the Westland Hospital at 9 a.m. on February 10 and was examined by witness. ' He was suffering from a gunshot wound in the right arm and right side of the chest and had lost quite a lot of blood. The injuries were: The wound track in the right arm at the entrance was lacerated and 1J inches in diameter and two inches above the tip of the elbow. There were a few pellet punctures around the edges of the wound. The exit wound was higher in the upper arm. The entrance and exit wounds were two inches apart. The exit wound was three inches long and two inches Wide, with many punctures around the margin. This wound track was badly lacerated in the skin and muscle. There were numerous pellets in the muscle. The chest wound appeared to be a continuation of the charge entering the arm. It was IS inches in diameter with about 50 peliet punctures in a 4-inch circle round it. The centre of the wound Was 4 inches from the arcillary vein on the right side of the chest. The wounds were cleaned up and the' lead pellets (produced) were removed from the arm and chest wounds. The patient was X-rayed and the presence of a quantity of further pellets in both wounds was disclosed. The patient’s condition had improved and he was progressing satisfactorily. The shot would be fired from the the right side. Walsh was admitted the same flay suffering from a gunshot wound tn the abdomen. The wound was IS inches by 2 inches, surrounded by numerous punctures. It ended at the lower rib margin, five inches to the side of the mid-line. The charge was struck from the front when the body was stooped slightly forward. The presence of about 150 pellets scattered through the muscle in an area of 6 inches diameter was shown In.the X-ray. The patient was operated on and the wound cleaned up. Recovered deep in the wound were six lead pellets, nieces of clothing, paper and cartridge wadding (produced). Muscles along the wound

track were very badly lacerated but the internal viscern escaped damage. Walsh was now progressing satisfactorily, but both were still patients at the hospital, although Pederson was nearly ready to go. Walsh could give evidence in court, in about two weeks to a month.

AWAKENED BY SHOTS Roy Kirkham Arnold, a married man of Wataroa, where he carried on the business of garage proprietor, said his premises were a short distance from the hotel. About 4.30 a'.m. on February 10, he was awakened by two gunshot reports from the direction of the Wataroa Hotel. He investigated and heard a man groaning and calling out: "Mrs Morresey, Mrs Morresey.” He then went in the direction of the hotel, and tracing the groans, came l to a motor car in front of the hotel. He knew the car was owned by Walsh. Both doors of the car were wide open and on the seat there was a man stretched out. He recognised him as Pederson. His feet were sticking out of the car. His right arm was lifted and there were gunshot wounds in it. There were also wounds on the right side of his chest. Mrs Morresey then came on the scene about two minutes later and he went to inform the police and the doctor. Mr Thomson joined him and he met Constable Pawsey and accused on the way to the hotel. The doctor had already been informed so he returned with the accused and the constable. Accused was dressed in a shirt and underpants and wore no shoes. He then went looking for Walsh and found him in Clarke’s store, lying on I a sofa in the sitting room. Accused I said: “I am sorry I shot my old, cobber, Tom.” Dr Corban arrived and attended Walsh. Pederson wa» Iving by Thomson’s garage and wax taken into the hotel. Both the injured men were later taken to the Westland Hospital by plane. Witness had been at Wataroa about b years and had known accused since he had been proprietor of the hotel. Witness identified Walsh’s clothing, which had been worn at the time ' of the shooting. I George Joseph Thomson, a married ■ man, said he resided opposite the, hotel at Wataroa. He was alsw awakened on February 10 by reports of shots fired from the direction of the hotel. He went to the front door and heard voices and saw a man run up the road towards the police station. He could not recognise the man, who was clad in white at tne time. He heard someone groan and went to investigate. He saw “The Dane” sitting on the running boar« of a car. He asked what had gone Wrong and Pederson looked up and said: “Good old George. I’ve been shot.” Witness could feel blood on Pederson’s arm and clothing, and knew he was wounded. Going for the doctor he met Arnold, Constable Pawsey and accused at the same time. Accused was clad in white. Pederson had gone when he returned to the car and was grdaning on the othei’ side of the road. Accused then said: “You got what you deserved. May you die you b .” Pederson did not reply. After removing Pederson witness went to Clarke’s store where he saw Walsh lying down. Accused expressed sorrow at shooting Walsh. He never heard accused make any expressions of regret as far as Pederson was con- , cerned.

ACCUSED’S STATEMENT Detective Sergeant Herbert Edward Knight said that at 5.30 a.m. on February 10 he received instructions from Inspector Calwell to proceed to Wataroa. He picked up Constable Roughan and on the way passed the ambulance from Hokitika and saw’, an aeroplane pass overheard on its way back from Wataroa. At Wataroa', Constable Pawsey gave him what information was available. He then saw accused who was under the surveillance of Constable Busch. Accused began to say what had occurred but witness stopped him and warned him that he was not obliged to make a statement, but if he did it might be used as evidence. Accused said he would make a statement as he would do all in his power to atone for the wrong he had done. Accused’s signed statement was as follows: — !

I am married, aged 36 years, and reside with my wife and four children, as licensee of the Wataroa Hotel. I have had the hotel for six years on October 6, 1942 and I have resided on the premises all that period. I Wave a double-barrelled Steven’s hammerless shotgun, 12 gauge. I had the Shotgun in the bar recently as I wanted to shoot sparrowhawks which

t- came after the chickens. I took the gun into the hotel bar for this purpose, as I had seen a sparrowhawk sitting on the fence close outside, watching my chickens and I thought that if I had the gun in the bar I could get the hawk if it returned. I took the gun and three cartridges into the bar about a fortnight ago. Yesterday I was on duty at my bar all day and had several drinks. At some time during the evening I had something to eat but did not have a regular meal. Thomas Francis Walsh, a farmer, came to the hotel during the evening, but I cannot say the time. A Dane named. Jack Pierson, or Jack Pederson, was about the hotel and had several drinks during the day. He had no meal or tea to my knowledge. Some time late in the evening I had had considerable liquor and I remember the Dane asked me to lend him my car to go home and get his gear and he would return it in the morning, as he was shifting his place of employment. I told him there was.not enough benzine in my car to do the journey. Late in the night a fight started between the Dane and myself but over what I cannot say. I remember the Dane knocking me down and kicking me and telling him to knock it off. Walsh was present while we were fighting and both the Dane and 1 were drunk. The fight continued for some time and I was drunken mad. The Dane and Walsh left me a’s far as I remember lying on the floor in the bar parlour. Ido not remember picking up the gun that was j in the bar but I must have picked > it up and loaded it as I remember being outside and firing two shots. I fired a shot at what I thought was the Dane and I thought it was Walsh that I shot. J

1 shot two men, , the Dane and Walsh from close quari iers near Walsh’s car outside the hotel. As soon as I realised what I had done I went to the residence of the constable and told him through the door what had happened. When i I got back after speaking to the constable I returned home and. found I that I was in my underpants only. I cannot remember what I did with the gun that I used to shoot at the Dane and Walsh with. I was very drunk and I had been hit about the head and I have only recollection of parts of what occurred, but I definitely know that I shot both Walsh and the Dane with the shotgun, from the bar. I would never have done any such thing unless I was mad drunk or injured in the head. I have a recollection of the Dane going to hit me on the head with a gun or some golf clubs. I had no feeling against either man as I was going with Walsh the following day to Hokitika when he was before the Appeal Board for military service. We were the best of friends and it was only sudden madness that made me shoot him. I had nothing against the Dane, and during the day he had been trying to get me to agree to drive a tractor for him at his bush contract that he had to start on for Wallis’s. I would have if I had known enough about driving a tractor, and the Dane said he would teach me. I had no resentment against the Dane but we had some arguments about the war and the war situation, but there was no animosity between us. I cannot say of my own accord how my trousers or the gun came to be found in my bedroom. I believe that owing to drinks and knocks on the head, in view of the fact that I had an operation to my head at Christmas time that I must have gone insane for the moment. This is the only way that I can account for my actions in shooting the Dane and Walsh. I have a distinct recollection of doing so but can give no reason why I did so. The foregoing statement was made following the usual w,arpings and accused added: In spite of this I desire to talk and tell what I know of the matter as I realise that the matter is serious and I wish to assist in any way that is possible to in some way make up for what I realise I have done. I do not as a rule drink behind the bar, but was drinking all day yesterday. It was very hot and I had been out chopping wood and the Dane came to see me just as I knocked off chopping and he shouted for me. Owing to the heiat being dry I had a long shandy. I then returned his shout and had another long shandy, and from this I went on drinking up to the time early this morning when the fight took place and I later fired the shots at the Dane and Walsh. I wish to assist in every manner possible to right the damage I have done. Continuing, witness said he examined the scene on the roadway and later a photograph was taken and

was produced as an exhibit. In front of the hotel there were a' number of small pools of blood, marked in the photograph. There were also cartridge wads on the road. The shotgun was hflnded to witness by Constable Pawsey and showed recent fouling in. both barrels, of shot having been fired. Accused was then arrested for attempted murder of both men and brought to Greymouth. The jersey and coat duced) were the property of Walsh. Morresey had been on_ remand since his arrest'owing to the condition of the injured men.

VICTIMS’ EVIDENCE. Pederson in evidence, saia he haa been residing in Wataroa ior about six months prior to February 10. He had been employed by Mr Thomson. He. resided three and a-half nines from the township. On February 9 he finished work for Thomson and hau secured a bush contract at Wallis’s sawmill. He had known accused for about six years. On February 9 he went to the hotel to try co persuade accused to drive a tractor on contract. He arrived there at mid-day, and remained at the hotel talking to accused and having occasional drinks till well on in the evening. They were on friendly terms. Walsh arrived later in the evening and joined them, having occasional drinks together. -This conI tinued until the morning of February ’ 10. He wanted accused to drive him home to get his belongings. Accused refused to do so, stating hi had not sufficient petrol and he wantied to go to bed. Accused left the room while witness was in the parlour. He had that many beers he could not remember what happened from then on. Accused had returned suddenly into the room, seized him by the neck and threw him to the floor. He remembered a fight starting, He did riot remember whether accused had him down or not. He remembered breaking the golf clubs. He could not remember accused coming out of the bar with a rifle held by the barrel. The next thing he remembered was getting into the car with Walsh. Walsh was cranking the car while witness sat in the front seat. He heard accused come out on to the verandah and he began to get out of the car. He heard and felt a shot. He did not remember any more. He did not remember seeing accused in possession of a gun. He did not know who fired the shot that struck him. The

only others present when he was shot were Walsh and accused. He had never been on bad terms with accused and could not suggest any reason why he should have shot at him. He was very drunk at tire time. He could not say how Walsh was, but he had considerably less beer than witness and accused. Accused was in the same state as witness. He could not possibly have been sober. He had been wearing a blue suit. He could not remember if he had been wearing a blue suit or not. He had no idea how Walsh came by his injuries. He did not hear a second shot. He could not remember any incident in regard to a .303 rifle. He had gone to the car without his coat, if it was found in the parlour. He had been wearing a blue singlet with short sleeves. The next thing he remembered after the shot, was laying on the table in accused’s kitchen. He did not know the extent of his injuries at the time. He had been shot in the arm and the chest. He knew there were shot pellets in the injury about a week later when he saw the X-ray. Those injuries were received while he was out at Walsh’s car on February 10. In evidence, Walsh said he was a dairy farmer residing at Wataroa. He remembered February 9 last. At night, he went to the Wataroa Hotel alone, leaving his car outside. On entering the hotel he saw Pederson and accused. He had drinks, which were served by accused, with both men. He had shandys. He remained until 2.30 in the morning. Pederson wanted accused to drive him home. Accused would not do so. Pederson was sitting in a chair and dozed off to' sleep. Accused asked witness to get Pederson to sleep in a room in the hotel Accused left the room. Witness tried to wake Pederson up. Accused returned and grasped Pederson by the collar, throwing him to the floor. Pederson rolled over and abused accused. He then got up with his coat and boots off. Accused then asked for time to take his off. Both men shaped up and commenced to fight. He did not think they were drunk, but

they 1 had had a considerable amount of liquor. The fight lasted for an hour, off and on. Then there was a considerable amount of talking and cursing. Witness and Mrs Morresey unsuccessfully tried to stop the fight. Pederson took the golf clubs and broke them on the floor not far from where accused was sitting. He did not strike accused with the clubs. Accused said: “I think I’ll have a beer” and Pederson said: “I think I’ll have one too.” Accused said: “That will be the day.” He got a .303 rifle from the bar and came out o-ripping it by the barrel and lifted it over his head. He appeared to be going to strike Pederson, who disappeared into the passage. He came back and took the gun away from accused. At that stage Pederson appeared to get afraid and wanted witness to drive him home. Both went out to the car. Accused followed them into the passage. Both witness and Pederson got into the car. Witness then got out and cranked the car, leaving Pederson in the front seat. He got the engine going. Accused then came out of the hotel with a double-barrelled shot-gun. Accused asked if the I Dane was in the car. Witness said J “Don’t be silly, Jack, put the gun away.” Accused said: “Get out of the way or you*will stop one in the guts.” Accused went round the back of the car and he heard a shot fired. He saw Pederson fall in front of the car. He did not notice Pederson get out of the car. The next* thing

Morresey fired a shot

at witness from the back of the car hitting him in the right side of the stomach. He ran half a chain and then fell to save being fired at again. Accused passed no remarks as the shots were fired. He went to Clarke’s store, where he received attention prior to being taken to the Westland Hospital. Witness recognised a jersey and coat as his and said the hole that was in each was not in them when he went to the hotel. He recognised papers which had been damaged by a shot, fired by accused, as having been in. his pocket. He had known accused for about five years and had had no trouble with him. He knew of no reason why accused should have fired a shot at. him. He saw accused at Clarke’s, where he apologised, and hoped he would get on all right. He said he did not care if he made a job of Pederson.

The Detective-Sergeant said that the evidence of the two victims completed the case for the prosecution.

Mr James said that accused would reserve his defence and would plead not guilty to both charges. The Magistrate: Accused will be committed for trial on both charges to the Supreme Court at its next sitting at Greymouth.

QUESTION OF BAIL. Mr James made application for the release of accused on bail on the same terms as previously. The conditions imposed when bail was last allowed had been strictly adhered to by accused. The Detective-Ser-geant had no objection to bail being allowed on the same terms. Accused would reside in Cobden and would report to the police daily. The men injured were out of danger and there was no likelihood of serious complications setting in. The Supreme Court would next sit at Greymouth on July 6, and it would mean a long period for accused to be kept in custody. The conditions previously imposed by the police had been religiously fulfilled by accused. The Magistrate: The question of bail in this case is one of great difficulty. Certainly the Court may use its discretion in the matter, but last time bail was allowed, accused’s business had to be taken into consideration. This time I must consider the nature of the crime and the evidence before me. It is not a case where I fee], justified in allowing accused out on bail. I have heard the evidence for the prosecution and there are no circumstances which support the allowance of bail. Mr James: The case was such that the recent sessions of the Supreme Court intervened, and accused was unable to be committed to that session, the two men involved being unable to give evidence. The Magistrate: But that was a result of the shootings by accused. Mr James: In the event of bail being refused, accused would be imprisoned for over three months. There was a possibility of his being acquitted, but he would have already.

served three months’ imprisonment. The position of his business was still doubtful. If it was required accused would be prepared to report to the police more than once a day. Detective-Sergeant Knight: The question is whether accused can be kept in custody for three months without a trial. It is rather a long period. The Magistrate: Well I want to give this matter more consideration. I will reserve my decision on this matter and will give it at Greymouth on Monday. Accused will be kept in custody in the meantime.