THE BISHOPSCOURT SENSATION

Otago Witness, Issue 2683, 16 August 1905, Page 15

THE BISHOPSCOURT SENSATION

SHOOTING WITH INTENT TO KILL.

ACCUSED COMMITTED FOR TRIAL.

The sequel to the sensational occurrence at Bishopscourt on the 27th of last month, ■when Mr W. E. Sargood was fired at and wounded with a revolver bullet by Alau Garth Maegregor, came before Mr 0. C. Graham, S.M., at the City Police Court on Wednesday morning. The charge laid was shooting with intend to kill, and Mr W. C MaoGregor appeared for the accused (Alan Garth Macgregor) snd Mr J. F. M. Eraser prosecuted on behalf of the Crown. The accused appeared in the dock in much the same depressed condition as when last before the court. Ho kept his eyes steadily fixed on the floor, and only occasionally seemed to take any special interest in the proceedings. Mr Sargood, the victim of the occurrence, although pale from the loss of blood and suffering consequent on the wound, appeared to be well advanced towards recovery, and the wounds on the right cheek where the bullet made its entry, and behind the ear, where it made its exit, are not likely to leave such disfiguring soars as might have been expected. Th© Crown Prosecutor, in opening the case, said accused had occupied for some two" years and a-half the position of manager of the clothing" factory of Messrs Sargood, Son, and Ewen. On the 27th of July last Mr William Sargood had occasion to visit the clothing factory, and when he arrived there he found that accused was locked in his office — from the outside. Mr Sargood procured a key from one of his clerks, unlocked the door, and saw the accused, who appeared to show evidence of having been drinking. He had a brief conversation with accused, and ordered, him to leave the office then and and there and to report himself the following morning 1 at Mr Sargpod's office in the main warehouse. The accused evidently treated this as equivalent to dismissal as he replied: "What is the use?" The incident referred to occurred between 4- and 5 o'clock in the afternoon. The accused was next heard of between 5 and 6 o'clock the same .evening at the shop of Messrs Briscoe and Co., in Princes street. 'The salesman who saw. him there would tell the Bench that he appeared to be in his normal condition, and that he wanted " to purchase a revolver. He ultimately bought a serviceable weapon — a. „ fiye-ohainbsred revolver-Vand a box of cartridges. The 'next that was heard of him on 1 the same evening ,was his arrival in" a cab at the residence of Mr W. Sargood, at BishopscouTt. where he appeared at dinner hour. After jumpkrg-'ou'fr of the cab, he- went to the front door and knocked, and receiving no immediate lesnoase he rang the bell. The dcor was opened by one of the maids, and the accused asked her if -he could see Mr Sargood.- The girl replied that she did not think he could see Mr Sargood j just then as he was at dinner, but she would go and- inquire. Pie followed the maid through the inner glass doors into the hall, and remained there- Mr Sargood who was at dinner, left the table and went out into the hall to see accused, with whom he had x a brief conversation, and Mr Sargood told accused that he could not talk with him -just then as he had friends with I him at dinner. The accused said he would not keep him five minutes, and Mr Sargood, agreeing to his wishes, went with him to j the door of the drawing room. Mr Sargood unlocked the door of the room, went in, and as the room was in darkness he turned on the switch of the electric light. The accused followed Mr Sargood into the room and stood in an angle immediately behind him. linnssdiately after entering the room, and while the dcor was being closed, the accused shot at Mr Sargood with a revolyer. The latter had not previously seen the revolver, and the first he knew of it was that he had been shot. After being shot Mr Sargood staggered to the other end of the large room, and almost immediately after the firing of the shot the \ Messrs Ewen, two young men who are brothers-in-law of Mr Sarg-ood, and who J ■were with him at dinner, entered the room and rushed the accused, one seizing the hand that held the revolver and the other seizing him from the other side. There •was a struggle, and the accused resisted, and he was secured- by being thrown to the ground. The gardener then came on the scene, and assisted to held the prisoner until police assistance arrived. The shot that was fired- entered Mr Sargood's right cheek and came out behind the right ear. j The medical evidence would show that Mr Sargood had a marvellous escape from death, and the probabilities were that the ensequenoes would have been much more serious than they were had it not been for the timely arrival and prompt action of the two young men Ewen, who did the right thing at the right time. When the accused was asked in the hall after the occurrence what he had done to Mr Sargood, he baid, " I have killed him," and he also asked for the revolver, which had been taken from him, to shoot himself with ; and in this latter connection it might be mentioned that he had ample opportunity of carrying out the latter purpose before being secured had he desired to do so. These were briefly the main facts of the case, and he would now call evidence. Dr Ferdinand Batehelor deposed that hs was summoned to Mr W. E. Sargood's residence at about a quarter to 7 p.m. on the 27th uU , and arrived there a minute or "so after 7. When he arrived Mr Sargood was lying in the bathroom, and he was covered with blood. He had a wound on the right cheek about an inch behmcl the mouth. The wound traversed the cheek, and came cut behind the right ear, and in its course the bullet had cut a main artery of the face. He consider 3d that the bullet entered from the front cf the face and came out behind. The wound was in a very dangerous part of the face, but fortunately did not damage anything vital. William Ernest Sargood, a member ot the firm of Sargood, Son, and Ewen, deposed that accused had been employed by the firm, for about two years and a-half as manager of their clothing factory in Dunedin. The position was a responsible one, and accused was well paid. He had occasion to visit the factory on the afternoon of the 27th ult., at about half-past 4 or 20 minutes to 5. The accused was there, | and v/a.3 locked in his office when witness went in. The door of the office was locked from the outside When witness entered the office with the aid of a key he found "tfacErrejtt"- abated io his chair. At first

■witness formed the opinion that he bad been drinking; he was certainly _ under very strong excitement of some description. As the result of the opinion then formed, witness ordered him to leave the facto'-y at once, and he told him to see him when he was in a fit condition in the morning. Witness thought Maegregor replied, "What would be gained by that?" or words to that effect. To that remark witness replied_ that he would see him in the morning if he cared to come along to his office. Witness then left the factory, and next j saw the accused at about a quarter to 7 I at his (witness's) private house at BishopsJ court. From something that was said to j him witness left the dining room and went j to see accused in the hall. When witness got into the main hall he found the accused waiting to sec him, and when lie saw Maegregor he immediately told him that he had not time to speak to him then, but would see him first thing in the morning ' The accused asked why witness could not I see him then, and he replied because be • was at dinner with some friends, but he \ would, if necessary, come out immediately afterwards. As the accused still persisted in his wish to see him, and after what had transpired at the factory in the afternoon, and as accused said he would only detain him five minutes, witness thought it better to see him at once, and saying something to the effect rhat he would have to be quick, witness walked to the drawing room door, unlocked it, and turned on the electric switch. As far as he could remember, he was followed by Maegregor. After entering the room witness turned to shut the door, and in doing so witness would be facing tne accused. Ho was not certain whether he quite shut the door, or was in the act of doing so, but distinctly remembered turning to Macgregor, aud again urging him to be quick with what he had to say. As a matter of fact, witness did not think he had finished the sentence referred to when there was an explosion or report, and lie knew that ho had been shot. After the blow or shojk witness 3taggered back, and he thought turned round, and eventually put the whol~> j length of the room between them. Whan ' the accused fired the shot he made some ! remark, but he (Mr Sargood) was not quite ' sure what It was*; it was to the effect, j "Yes, I have done this."' His next recollection was that the door was opened, and ! Macgrego-r left the room or remained bej hind the door; he heard him in the hall. In the hall he heard him warning those I who were there not to touch him for fear he might do further damage. Pie (witness,) had been under medical treatment sine-;. To Mr W. C. MacGregor/: He believed aroused , was employed by the firm on a i previous occasion to that of two years and ! a-half ago, but that was before his (wiri ness's) time. He had .been lenient with I the accused because he knew he was much \, worried in his home ever since he had been in the firm's employ. Witness and , his brother, owing to this, had tried to bo j very considerate with him, and he wes J confident that accused appreciated that j consideration. The conversation in the i> factory lasted over several minutes. Tlkj accused told him in the factory that he was a broken-hearted man, and he appeared to be in a condition of deep depression. He told witness he was going to commit suicide the following Sunday morning. The i words he used were that he would not be alive on the following Sunday, and he said he would finish taking stock in the factory on /? Saturday. In the hall of the house ■where he next saw accused, they were standing about a foot apart, and the conversation lasted a minute or two. The accused was standing two or three feet from witness when ths shot was fired, or when he heard the explosion. When he (Mr Sargoodj first went into the factory he spoke to accused in a, very sharp manner, but he afterwards ?poke in a friendly way, and tried to get tho morbid idea out of his mind about suicide. When accused spoke of suicide witness tried to laugh the matter off. Mr MacGregor : It certainly appeared in the newspapers' at the time that you Lad dismissed him, and that he was resentful, and did this act. Is thot so? | Witness : He must have taken my oonI duct as a dismissal. Did you dismiss him? — Not in so many words. The last part of your conversation wilh j him was perfectly friendly and sympathetic? — Hardly that. There is no doubt that he took my remarks as his dismissal. That j was my impression at the time. His "Worship : You mean that he took it as a dismissal, and seemed to resent it? Witness: No, he did not seem to resent it. Mr MacGregor: And it was after you told him to see you in the morning that he told you he was going to complete Lis work in the factory in the week, and would not be , alive on the Sunday ing'Witness : That is so. David Alexander Ewen, a brother-in-law of Mr W. E. Sargood, and employed in the warehouse, said that he was dining with hid brother-in-law on the evening of the 27th. He saw Mr Sargood leave the dining room. He heard about 15 seconds later a shot, followed by a cry. He jumped ap and rushed from the room, going first to Ihe billiard room, which was in darkness. Then he went to the inner front door, and saw a cab. From there he went to the drawing room door, which was closed. He had some difficulty in opening it — somebody appeared to be holding it on the other side. He pushed it open, and saw Mecgregror standing inside. He saw the revolver in his right hand, and grasped the hand, when Maegregor took a step towards the door. He said " Yes, I've done it." Witness's brother was immediately behind witness. He seized Macgregor's other hand. By that time they were in the hall. Macgregor said "Let me go, before I hurt anybody else," or " I don't want to hurt anybody eke." He tried to free his arms. He did not succeed. Witness and his brother threw him down. He lay perfecth r quiet. The gardener then came on the scene. Witness's brother took the revolver from Macgregor. Witness gave the arm he ■was holding to the gardener, and went to see after _ Mr Sargood, and on going to the drawing room he found he was not there. He noticed blood stains on the floor in the drawing room, and on one of the blinds. Witness then went back to accused and asked him if he had any accomplices. He replied " No." He then went to look for Mr Sargood, found him on the tennis couit, and brought him into the house and took him upstairs. Ho was covered with blood on the shirt front, and was i bleeding from the face. ] The witness wa« not cross-pxamin-ed. ; John "Falque-ner Ewen, brother of the previous witness, gave corroborative evidence.

f As to the conversation and occurrences m the hall after the shooting, the witness stated that Macgregor, in reply to the question whether he had killed Mr Sargood, 1 replied "I hope so." The accused then ! asked witness to give him the revolver to I shoot himself. He aiso said, " Will you let I m" go if I promise to give myself into the hands of tho police?" He also stated that he had no accomplices. When asked by witness what was the meaning- of it, the accused replied that Mr Sargood had insulted him in the afternoon in a way that he would never forget. The revolver produced was the ono that witness took from accused. Mr W. C. MacGregor: I have no questions to ask. Edgar Duncan, sale-man at Briscoe anrl Cc'^r said that on the 27th July, at 20 minutes or a quarter to 6, he saw accused in the shop. Ho asked for a revolver and cartridges. Witness sold him the revolver produced and a box of 50 cartridges Accused -lid not mention at the time what he wanted the revolver for. Witness and accused had a conversation at the time as to general business. Accused seemed to be in the condition he was always in. Witness- did not notice anything unusual i>i accused's manner, and he saw nothing particularly wrong aboub him. Mr MacGregor: I suppose if you had -known that within an hour of that time he had threatened to make away with himself you would not have sold him a revolver? Witness : No. I would have put him off. Thomas Hall, hansom cab driver, stated that he knew accused by sight, and saw him on the evening of the 27th between 20 minutes and 25 miruvtes past 6. Witness wa« standing with his vehicle in High street, •and accused came up and said, " Drive me to Mr William Sargood's. at Bishopscouri." Witness did so. and had no conversation with him on the way. Witness drove to Bishopscourt by the drive, and on arrival at the house the accused got out of the eafo j and went up to the door and knocked ; j and witness told him to ring the bell at j the side. The door was opened by a maid, and accused asked if Mr Sargood was in, and received a reply that he was, but she thought he could not be seen just then, as ho was at dinner. Accused then went into tho house, and the next thing that attracted witness's attention was a shot from firearms inside the house. It could not have been more than four or five minutes from the j tune of accused entering the house that the frhofc occurred. Witness heard someone or a chair or something fall after the shot wasfired, and he then heard a groan. He then heard someone say " I have done it." Witness then went to Roslyn for the police and rang up the town station. The accused seemed all right when he engaged the cab. taut it could be seen that he had had a drink ov two. To Mr MacGregor: Witness had a white horse in his cab. He had not been paid for the hire, of his cab. Elizabeth Sligo, parlourmaid, in the employ of Mr Sargood, gave evidence as to opening tho door of the house when accused rang the bell, and slated that he followed her through the inner glass doors into the main hall. Witness went into the dining a-oom and told Mr Sargood that Mr Macgregor wished to see him, and afterwards remained in the room waiting. Immediately after Mr Sargood went out she heard the report of a pistol, and she afterwards went for assistance. Ernest Kaye, gardener, deposed that while in the backyard he heard a report and a shattering of glass, and rushed into the house, where, in the hall, he saw the two Messrs Ewen holding down accused. Witness took hold of the arm of. the hand that heid the revolver, and John Ewen seized the revolver. Witness asked where Mr Sargood was, and accused answered : " I've shot him." Witness asked whether he was seriously hurt, and accused said : " Yes ; he's dead — I hope so." He asked for the revolver to shoot himself with, and said he wished he had shot his little girl first before he left town. To Mr MacGregor: This was in the hall. Mr John Ewen would hear the conversation. Four cartridges were left in the revolver. Michael Hastings, police constable stationed at Roslyn, stated that at 7 p.m. on the 27th July he went to Mr Sargood's residence, and on entering the hall found two men holding accused down on the floor. One of the two said : " This man has shot Mr Sargood." Witness saw no weapon in accused's hands, and told the men to let him sit up on a seat. Witness searched him, and found in the overcoat pocket 45 revolver ball cartridges lying loose in the pocket. Witness asked for the revolver, and Mr Ewen said it was put aside. Immediately afterwards Mr David Ewen brought to witness the revolver now produced. One chamber had an empty cartridge in it, and had the appearance of having been recently discharged ; the other four chambers we-re loaded. Witness looked into the drawing room and caw blood on the floor from the door to the other end, where there was a pool near tho piano. I Accused seemed right enough — nothing wrong with him, — just like a man who had beem in a bit of a temper. He was not I drunk, and witness did not smell drink on him. To Mr MacGregor : Accused seemed to be a little excited — not much. There were some keys in one of accused's pockets — keys j which Mr Ewen said were the keys of the warehouse, and accused said so too. They were not in the same pocket as the carlridges. Witness could not say if the drawing room window was broken. He heard that Mr Sargood had opened the window and gone out. That window was at the back of the piano, in the front of ths housp. There was gome blood on the blinds. Constable J. W. M'Holm said that when he arrived accused was sitting in the hall, the gardener holding his hand 1 . Witness took charge whilst Sergeant Ramsay went inside. Accused said : "I would not have [ done this unless there was a reason for it." Some time afterwards he said : 'T suppose you will have the pleasure of seeing me strung up by the neck for this. I will fight my ease, anyway." Again, after a few minutes, he said : " I wonder if he wants to speak to me before he dies. It is a matter of great importance to me, as he will ask mv forgiveness." Accused was very quiet, and witness could smell drink en him. To Mr MacGregor: Witness would 1)c.20 minutes with the accused. There was an interval between the statements that _ accused made. He seemed to bo thinkingWitness made no comment, and asked nothing. Andrew M'Gili, builder, said that he was at, Sarsrood's on tho 29th July, and found the bullet produced on the floor of th©

I drawing room. There was a hole in tne I ceiling about 4ft away from a lumh l>na to where the bullet 'ay. Inspector O'Brien said that lie saw accused at Sargood's on the 27th July, in tho hall, accompanied by Constable M'Eolm. Witness did not speaic to ac cused then Accused ipoiaml to bo qmlo calm. Later that evening, while accused was in ike watchhoiue, he asked witness if he might speak to him. Witness went over to him, and he said: "I believe you know my wife ; her people used to • live near to you in Oamaru. Her name was Ross." Witness said, " I remember."' He then made a short reference to his wife's intemperance, and said that his only child was staying at Wood's Private Hotel. He asked witness to see that the child was restored to her mother. Witness paid: "I think, after what you have told me about tho mother, the child had better remain where she is for the night." He then said : " The ordeal I now have to go through ought lo bring hor to her senses." Next morning accused asked to see witness again, and in the cell ho again made reference to his wife and child. He then said: "What have I to do about this charge? I don't even know -\\here I got the revolver. I would get a lawyer, but he can do nothing for ( me." Witness said: "If you wish it I'll ring up your lawyer — you will probably be remanded for a week." He then said : " Oh, I shall have to admit it. What can a lawyer do? Mr Barclay was tho first man I remember recognising ■Mr Sargood that night." On each of thoje occasions he appeared to be calm and rational. Witness smelt liquor on him on the evening of the 27th. To Mr MacGregor: The Mr Barclay referred to by accused was employed by Sargood, Son. "and Ewen. He got to the residence before witness on the 27th, and, witness believed, was rung up for after the occurrence, but was not dining there that night. This closed the case for the Crown. His Worship : Do you propose to say anything, Mr MacGregor, before I caution the accused? Mr MacGregor : I do not propose to address the court on the facts. In view of the evidence that has bsen tendered, I take it that it would be useless for me to contend that a prima facie case has not been made out. The only question, to my mind. is as to whether the accused, when he did this extraordinary deed, was in his right senses, and that, of course, is not a question for this court. The facts are indisputable. But I should like to say that it appears to me time that ( a different course was adopted in respect to the cases of persons ! under remand. In thisi case the crime, or the alleged crime, was committed on a Thursday. I was instructed on the Friday, when he was remanded for a week, and from my instructions I came to tlie con- I elusion that this man was insane when he ! shot Mr Sargood. Accordingly I did what ! I think I was justified in doing. On the Friday night I instructed Dr Church, who \ knows something of this man and his history, to examine him in gaol, and, as a matter of courtesy. I, on the Saturday morning, wrote to the gaoler, telling him that Dr Church would call to examine Maegregor on the Saturday or the Sunday.- On the Saturday forenoon I received a telephone message to the effect that this could not be permitted — that the gaol surgeon was there, and that it would be for him to nominate his consultant. Dr Church, however, went to the gaol and was refused admittance. As a matter of justice, I may fay that a few days later I received a message that the doctor might see Macgregor. But in _ the meantime the gaol doctor had seen him, and I understand that he was also seen by Dr Coughtrey on behalf of the Crown. I submit that in the circumstances the all-important question was as to the man's state of mind immediately after the occurrence, and I contend that an independent medical man should have seen him as soon as passible afterwards. In the action taken the authorities, I suppose, went by rule. If so, it is a wrong rule. If it is not the rule they were acting improperly. Mr Fraser: It is perfectly understood. The Prisons Department is not in the hands of the police. His Worship: The gaoler rang me up and said that an application had been made on your behalf, Mr MacGregor. I answered that I had no power in the matter. I had a copy of the regulations, and could not see my way to interfere, and I heard no more about it. Accused was then formally cautioned. Mr MacGregor said that accused reserved his defence. Accused was thereupon committed for trial. Mr MaoGregor: I formally apply for bail. Mr Fras&r: I submit that it is not a case for bail. His Worship : I can hardly see my way to grant it, Mr MacGregor. after what you have said. You say yourself that the man was not responsible for his actions. Mr MacGregor : Well, that is my opinion, but the prisoner has the right to make the application. His Worship : Ido not see my way under the circumstances. Mr MacGregor : I bow to your decision, sir. Accused was then removed in custody.

The timber industry in Southland is brisk at present, and the mills are running [ull time.