FIGHT FOB LIFE

Southland Times, Issue 19347, 12 September 1924, Page 5

FIGHT FOB LIFE

MAN’S TERRIBLE ORDEAL DEATH SENTENCE TWICE PASSED SEQUEL TO THE APPIN TRAGEDY. (By Telegraph—Press Assn.—Copyright.) (Australian and N.Z. Cable Association.) SYDNEY, September 11. (Received September 11, 11.5 p.m.) Simpson, who was condemned to death for the second time after being given a second trial for the murder of Constable Flynn and Mr Cleft at Appin, is again appealing to the Court of Appeal against his conviction. The condemned man, Simpson, was charged with the murder of Constable Flynn and Mr Guy Clift, near Appin. When the tragedy occurred Constable Flynn, who had arrested Simpson on a charge of theft, was being driven in a motor-car by Mr Clift, with his prisoner. There was a struggle, during which both the constable and Mr Clift were fatally shot. On June 5 Simpson was found guilty and sentenced to death. He appealed for a new trial, and on July 1 the appeal was allowed. The grounds for the Court’s decision were that evidence was wrongfully admitted at the first trial. Counsel for the accused pointed out in the Appeal Court that there was no direct evidence of the firing of the fatal shots, and that reliance was placed by the Crown on a statement by Clift as to the shooting. Owing to a flaw in the proceedings, the ordinary dying depositions could not be made use of, and the Crown sought to take advantage of what was said by Clift in giving his dying depositions as a statement made in the presence cf accused. Counsel contended that the law could not accept such statements as actual evidence against accused. The Chief Justice, in ordering a new trial, said that the first one amounted to a miscarriage of justice. At the second trial last week, Simpson was again found guilty and sentenced to death. In a statement from the dock Simpson claimed that Mr Clift and the constable were his best friends. Their deaths were accidental. He asserted that they received their fatal wounds in trying to prevent him from committing suicide, which he intended to do.