THE CROSSAN CASE

Waikato Times, Volume 96, Issue 15040, 13 September 1922, Page 4

THE CROSSAN CASE

HEARING CONCLUDED

THE JURY’S VERDICT.

MAJOR CHARGE NOT SUSTAINED,

At the Supreme Court, Hamilton, yesterday afternoon, hearing was continued of charges against William Alexander Crossan, in connection with the shooting of Detective Lambert, at Leslie’s Gully, on June 9 last. The major charge brought against Crossan was one of attempted murder, and there were also two counts of discharging a loaded firearm. Mr H. T. Gillies appeared for the Crown, and Mr T. P. Walshe for the accused.

Medical Evidence.

Dl\ A. J. dower, surgeon-superin-tendent of the Waikato Hospital, scribed the wound In the detective's abdomen, which he said was serious at the time, and the patient's life was in doubt for 21 hours'. The bullet had not been located. In answer to Mr Walshe, witness said he could not determine from the wound the direction of the shot. William Clunes, who with several others assisted in the chase after Crossan, said prisoner, when overtaken, placed the revolver to his mouth and remarked, "I ought to go oh with it." Constable Sutton said "Don't! you have done enough damage." Asked why he shot the detective, he replied, "I must have been mad." Constable W. McGrath said that when charged at the police watchhouse prisoner stated that-they' could hang him if they liked; he didn't care if he got the rope. He also stated that he got the revolver out'of the lavatory at his lodgings and loaded it in the lavatory of the Royal Hotel.

Prisoner Enters Box,

Prisoner, who gave evidence, said he did not want to give the revolver to the detective, because he intended to commit suicide with it. He could not do so when arrested, as the officers were too close to him. During the search at the gully he (prisoner) told Jury to get into the car, and he said “All" right." When he pulled the trigger tile revolver was pointing half-way between Jury and Lambert. Jury ran along ,the road for a distance and then called out, “it’s allright, old cock, it’s not loaded.” He (prisoner) replied, “isn’t it,” and tired a shot into the ground at Lambert’s feet to frighten him. Lambert then made a rush at him, catching hold of his left arm. He pulled away his left arm and was about to run, when Lambert rushed him again. They struggled for a f*W seconds, when Lambert caught mold of the barrel of the revolver, and to trying to wrench it from prisoner it went off. They oontinued to struggle for a few seconds after it discharged, and Lambert fell to the ground, dragging him (Crossan) with him. He (accused) then got Up and ran away. In answer to Mr Gillies, prisoner said he had the revolver when arrested at Frankton. It then contained one cartridge. He put the others in at the Royal Hotel. Mr Gillies: Why did you not commit suicide in the lavatory at your lodgings when you had the chance ? Prisoner: I tried to, but could not muster up enough courage. Mr Gillies: Then why did you not do

it in the Royal Hotel lavatory? Prisoner: Because in the meantime I had decided to try and escape by making Jury drive me away when the others got out of the car. In further answer to Mr Gillies, prisoner said he knew there was one blank chamber in the revolver. This was by design, as he wanted to make sure nobody would be injured ifi the revolver went off accidentally. The shot that wounded Lambert went off during the struggle. In further answer to Mr Gillies, prisoner said he had been in Hamilton about 12 months. He got the jemmy about a fortnight before the shooting, and found the sand-bag on a rubbish heap at Frankton. The reason he had the sandbag was to smite the dog which accompanied the nlghtwatchman in case it catne “sniffing' around.” The reason he took the revolver was to commit suicide in case he was taken by the police, as he thought he would get five years for burglary. In answer to Ills Honor, prisoner said lie was born in Wellington, and had lived in Christchurch and Manawalu before coming to Hamilton. His idea at Leslie’s gully was to compel jury to drive him aWay by threatening him with the revolver. He presented the weapon at the detective with the idea of frightening him off. Summing Up. Mr Walshe addressed the jury at some length and stressed the evidence of Jury, the only independent witness and a witness called by the police, that the revolver Went off In a struggle. The fact that he (Jury) called out to Sutton "come on, he’s got him,” was proof in a measure of the truth of his statement.

His Honor, in his summing up, - said the facts were very simple. There was no question that Crossan was armed with a revolver and that it exploded while in his hand. The whole question was whether it was fired accidentally' or not. They could not look into the man’s mind and see What lie intended to do, and they could only judge of his intentions by liis acts. One could scarcely think that Detective Lambert invented his story for the purpose of making tiie thing seem‘intentional. He was in the beet position to know what happened, and iiis' evidence was borne out by Constable Sutton. Jury had said that the revolver went off in a struggle, but he was some distance away at the time, and admittedly suffering from a fright. If, however, tiie jury thought the revolver went off in a struggle or was fir-, ed merely for the purpose of assisting his escape, then they' could bring in a verdict of guilty on the second count. If they thought lie shot with intent to kill the detective, tiien they must bring in a verdict of guilty of attempted murder.

After an hour’s retirement ihc jury returned a verdict of guilty of shooting with intent toNlo grievous bodily harm.

Mr T. P. Walshc intimated that he would like to make known a number of circumstances about prisoner before llis Honor passed sentence. 11 is Honor said tiie case was an extraordinary one altogether. Prisoner seemed to he quite intelligent and quite young, while one would assume from bis bearing ttial lie had not followed evil courses before. That was why llis Honor asked him some questions relative lo liis past. He would be glad to hear of any circumstances concerning him that might tend towards mitigation. He would therefore postpone sentence (ill Friday to enable the probation officer to present a report.