FIFTEEN YEARS IN GAOL.

New Zealand Herald, Volume LVII, Issue 17483, 29 May 1920, Page 8

FIFTEEN YEARS IN GAOL.

THE WANGANUI AFFBAY.

SENTENCE ON MACKAY, COUNSEL'S plea FOR MERCY. CHIEF JUSTICE'S OBSERVATIONS. [BT (TELEGIUUfH.- TM&3- ASSOCIATION.] ■ffAKGANUI, Friday. ( it the conclusion of the Police Court sitting yesterday Charles Elan Mackay pleaded guilty -to the charge of attempt, ing to murder Darcy Cresswell, and was committed to the Supreme Court for sentence. The accused appeared before the Chief Justice, Sir Robert Stout, to-day, and was sentenced to fifteen years' imprisonment, with hard .'labour. In addref his Honor on behalf of accused, Mr. Treadwell said that, after very careful and serious consideration by himself and his friend, -Mr. Mcßeth, to whose assistance he was deeply indebted, it was decided that tho only course— the circumstances—the only honourable

course that,could be pursued—was that Mackay should plead guilty. His Honor •would readily realise that, in advising ac-' cused to plead guilty to such a serious charge, Mr Mcßeth and the speaker had assumed heavy responsibility, and had hesitated considerably before taking this course. It was his duty to exonerate Cresswell— he did this with a full' concurrence and approval of the accused— from any blame whatever. He fully acknowledged the fact that no blame could be attached' to Cross well, and that no one could with justification reflect in any way upon the character "and action of Cresswell, which must meet with the commendation of all right-thinking men.

Proceeding, Mr. Treadwell said accused was a man of considerable scholastic attainments, a member of an honourable profession, and until recently had occupied the highest position his fellow citizens could bestow. Now he was in this position some cause must be sought for his action. The reason, Mr. Treadwell thought, would be found to be a subject for regret and deep concern, and he gave it in justification of the accused ana in the hope of somewhat mitigating the sentence Inquiries had been made, and it was found that for a number of years accused had been sulfering from homo sexual monomania. He had gone considerably into the matter with accused, and thought he was justified in speaking of the efforts accused had made to .cure himself. He had consulted doctors and metaphysicians. Counsel said he had statements from one of the doctors and one of tho metaphysicians whom accused had consulted, which he> would hand to his Honor.

Referring to the shooting, Mr. Treadwell said it was a matter of common knowledge that for tome months accused had been suffering from mental strain.. and this, together with the threat of exposure, bad unhinged his mind. Mr. Treadwell concluded by appealing to His Honor to temper justice with mercy. His Honor, addressing Mackay, said he was very sorry to see him in this position. He had known accused and his family for many years. Accused was one of the most brilliant of university students. His career since had been good, and he had held the highest position in the city. Now he Was in the dock. His Honor said the attempt to murder was an impulsive act, as was shown by Creeswell's statement. He had been asked to exercise his functions wi{h compassion and mercy, but it should be remembered that this was an attack on human life. The ideal of justice was that human life should be kept sacred, otherwise the community was doomed. His Honor said he still hoped Mackay would redeem himself. He had taken the first step in* that direction by pleading guilty. He then sentenced accused to 15 years' hard labour.

i ■ m* EVIDENCE. IN POLICE COUET. ' STATEMENTS -BY ACCUSED. . [BT TELEGRAPH. —PRJiSS ASSOCIATION.] WANQANUI, Fridiy. In the Police Court yesterday evidence was given by men who rushed into Mackay's office after the shooting, that the accused said the affair was an accident. Senior-Sergeant T. Bourke said accused was brought to the police station by Sergeant Reid. Accused said, "Sergeant, I have shot a young man through the chest, and I believe ho will die. When the Prince was hero I was carrying a revolver. I was showing it to the young man Cremvell, and demonstrating it when it accidentally went off and shot him." Witness next said, " I have sufficient evidence of a disturbance in your office before the shots were heard. A chair was thrown through the window on to the otreet." Accused said, "Who can give that evidence!" Witness replied, "The carriers on the stand across the stroet." Accused replied, "My God !" He did not refer to it again. Witness charged accused with attempting the murder of.young Cresswell. Accused replied, " I understand, Sergeant." "After accused was Searched witness searched bjs office, and, in the right-hand drawer fibf a table he found five photographs of nude wemon. A careful search was made for a letter which witness had been told had been written by Mackay, resigning the Mayoralty, but he could not find it.

Mr. Treaolwell: Did he say how long he carried the revolver

Witness : He said that ho carried 'it during the Princes visit.