SUPREME COURT — CRIMINAL SITTINGS. Tuesday. [Before his Honor Sir George Arney, Chief Justice.]

1 His Honor took his seat on the bench at ten o'clock. " . , *>{. <• / < - i.\ .., ]• ; THE MURDER CASE^ SENTENCE 6& * DEATH, ■ Thomas Pollock, Muirhead was' again brought up, charged -with, the wilful murder of George Bond Gilfillan, at Rangiaohia. Q?he case wa» partly heard on the previous iiay, all the evidence for the prosecution having been taken' and a portion of that for the defence. Mr. HeSketb, for the defence, called John Robertson Nicholson, duly registered medical practitioner, who deposed : I ; have had nineteen years' experience as a medical practitioner since I took my degree. I have, given the subject of insanity and delirium tremens my attention. The essential characteristic of delirium tremens is the absence of sleep, and I would endeavour to obtain sleep for » patient. If sound sleep were procured for a reasonable length of time there would be an awakening without ft continuance of delusions. — Question; Say a person is suffering from delirium tremens to-night, and jls put to bed with a dose of laudanum, and he awoke after (two or three hours' sleep with the delusion upon him, frightened, saying devils were in the room, and, pointing to a corner of the room, baying one is there— body shaking,perspiring, knd nis eyes staring about him — what jWOuld you say of the effect of- sleep in such a case ? — Answer : I should say, if the delusions were of the same character as those which preceded the sleep, that the sleep had been insufficient, and that the disease still remained in all its force. The delusion is merely a symptom of the disease. ( The disease itself is of the nature of a local congestion — a congestion of the membranes of the brain. I have known a case where a patient after medicine and sleep has gone aboujb his ordinary vocations, and after-; wards the delusions have come' upon him — he has become dangerous. In such a case a patient might, to persons around him, appear rational and converse reasonably, and yet to myself, or to a skilled medical man, would jtiave all the symptoms of a disease which would shortly result in a destructive delusion. I should say that a man waking up with a delusion, and some hours afterwards going to pick up mushrooms, and picking up clover blossoms, was evidence of the disease. The disease is a continuous one, and the delusions are merely symptoms of the disease, are not continuous, and may vary or remain in abeyance. A patient can be recalled from a delusion and converse rationally as to his knent&l and bodily state, but the delusion jvill return in the same or another form. The delusion might vary from what it was at first after sleep, ana even without sleep it might vary/ In my opinion there is > marked difference between the hallucination bf delirium tremens and any other .insanity. In mania, where the destructive tendencies are developed, the impulse to destruction may be excited by anger, nervous irritability, exalted ideas of one's importance, but the patient is always impelled to destroy. Delirium tremens I can shortly describe as mania with cowardice. There the patient is not impelled to destroy: he merely seeks to escape from a great imaginary evil which constitutes his delirium. He tries to escape at all hazards, and will de> stroy himself or others ( in the attempt. In the one case destruction dccurs"f or destruction's sake, and in the other it is merely an act of cowardly desperation. The facts of the case to which I referred are as follow : — A farmer had been suffering from delirium tremens for two or three days. I gave' him morphia, which procured about an hour's disturbed sleep. The patient awoke' still restless and talking. On seeing him at breakfast I understood that he had rationally exercised his ordinary avocations in giving directions about the farm. He could converse rationally, but shortly after breakfast he went out and committed* acts of' violence which clearly indicated destructive delusion. He was chasing a farm servant with an axe, his delusion being that the man was sent to take him to be hanged. He killed one of his own cows, and had maimed two others.— By Mr. Brookfield: A man in a fit of delirium tremens is more likely to, commit suioide than murder. I think a man with a rifle in his hand would be more likely to go into an inner room and shoot somebody else than shoot himself. The suicide of delirium tremens does not take place for the absolute purpose of destroying oneself, but usually is an accident in an attempt to escape from the great evil of which he is afraid. A man would not be more likely to fire at what he supposed to be the devil. than escape, because the reasoning faculties still exist, but in a perverted state, and ho is still enabled to know that the mere shooting at the devil would not destroy him.— Question : Supposing the delusion was that some human being was in a room who had done him harm, would the patient be more' likely to go and sb.odt that'person, or run away from him ?— Answer : I should say he would rather seek to avoid him. 'He would, however, be able to judge of the probability of escape, and if he thought it the surer method of escape he would probably destroy the person. [His Honor here stated the examination was most material, as the law made a wide distinction between acts done under ,the influence of liquor and < under settled mania arising from drink.] — Examination continued : I think a patient outside a houSe,having a' delusion that a man inside a house had done him some harm and being afraid of him, would be more likely fto qo 1 away than ' to seek to attack him. Feraons at the first stage of delirium tremens aye not so dangerous as afterwards, and the delirium may not accompany ' the disease. In the case of a man who was not in the habit of getting' drunk, but was a heavier s drinker, it would depend upon the state of 'his health and other , things as toi. the" length of time without sleep which would caus* the delirium. Af«whoura'w»nto£sleep 'combined With other causes' would have' that effect. During , the interval's, between . the delusions -the patient would be fully cognisant whether ' he tf as acting rightly or wrongly. ,In the case of r a patient who had been put to, bed *M<) o'clock with, a dose of laudanum,- and awoke after two or three hours-sound il«ep with Apparently the same delusion, and went about his ordinary avo--cations for six pr eight hours ,in apparently , a ; rational - manner ' without' .delusion manifesting itself, I would < hot expect ft return of the. delusions^ I should look for othe^syniMoms to guide me aa to (Jhie I 'nature .of .the delusion — whether it was upon the ' disease, upon the ■ remedy. given* orjany other cause. — ByMr. Heskfith: ■ A. man outside a house, with rifle And ammunition in his possession, suffering frcjnvLdelirium tremens and under the delusion* that & body of Maoris 'were coming to attack him, would endeavour to escape from the Maoris. If, he escaped into the house and .found a. <mkti' joside,' and , therje^ was/ no means' of escape except 'from the' door he entered, 1; jJ 3 believe jit \ the xn^n <were attempting $>\pvsvpife kirn, fyam; escaping'he would not hep^e^o^hoqthim<---This«losed -$he t «iAgn^'^^^6j j[esltoi^lf rose .'S& 20 minutes past' il'tto ?iddfiMS^the. jury. He, referrftd^^thftjieß^e #£/ responsibility; which defending theitprisoner on such a grave JchargeV<^he jury jhould bear in mind that" the prisoner was charged, wjth' wilful miirder, wbJch;nie^nt-thaVhM qurr^, and only aj'flight i d|ffe£e^e!Qrjdif_-

[evidence they would *cc that *. ***» na brain, when he was suffering from delirium tremeni, was. so affected that he wal impelled to ft course of destruction to say© himself from the harm %hich he feared was coming to him. It was {impossible for him to prove to them that at the very moment the prisoner killed Gilfillan •he was msane,;bulwer«>:«hSy, because ho could not do that, to convict the prisoner of ijbhe orim* of wilful murder ? He quoted, Amongst osher»;; v ah •analogous' eaHel' where a prisoner was acquitted on the ground that he he committed the crime ,njser circumstances Where detection was inevitable, and in that case the prisoner had not been suffering from- the horrors on '• the previous nis;ht. In the present case also detection was inevitable. .Drunkenness, it was laid down, was no excuse for crime; but if it pleased God to bring a man into such a state of insanity after drinking, that he was not responsible for his actions, were they, jrapposing he a man's life while in such a state or insanity, to convict him of wilful murder, committed with malice aforethought? i ifrom the evidence of both the medical gentlemen it was clear that the disease continued after the r sleep ■ and all ,the morning, and they also had their evidence that, during the disease, delusions were liable to occur; and he submitted it , was clear that some idea, had crossed the man's disordered mind, and all at once he was mad, but what the delusion was it was impossible to say. Whether he believed ho was firing at a pursuer, or knew that he was firing at any one, it was impossible to say. He asked them to weighthe evidence oni both bides calmly,' ; aud take into Consideration the incontrovertible fact in ! English law, that the more atrocious and abominable the crime so in proportion must be the probability of insanity.' • The learned gentleman concluded a very impressive address, which lasted over an hour, by asking the jury to deal with the case in such a manner as would enable them' in after, yeats* jto look back and comfort themselves with the ! assurance that they had' conscientiously and rightly done their duty.— Mr. Brookfield, in replying, asked the jury to discard from their minds all question of manslaughter. From the evidence it was either murder or nothing. There w«re none of the, elements of manslaughter in the case ; there Was no sudden anger, and no sudden provocation. t If they believed the man was "insane and ' incapable of . distinguishing between right and wrong at the time he committed the' act, they could not find , him guilty ; but unlesa they were satisfied of that they must find him guilty b? the crime with which.he was charged. The only question for their consideration was the state of' the prisoner's mind at the time he fired tho shot. As to the malice, there' was no doubt that ill will would arise between Gilfillan and the prisoner from the difference which existed between them in reference to the march from Kihikihi, when the prisoner objected to march with the deceased on the ground that he was [his junior. The learned counsel'referred at length, ,to the evidence relating to the state of the prisoner's mmd, and contended that there was nothing to prove that on the Monday morning or on the night previous' the prisoner was Buffering from delirium tremens. The prisoner having been at one time bound by the Maoris, nothing was more natural that he should, with an excited brain, out in the busb, and in the dark, imagine that he saw all sorts of phantoms, and it. was also Reasonable to suppose that on going to sleep the thing was still running in his mind, and he dreamed of it and awoke afraid. None of the circumstances attending the murder or the prisoner's subsequent acts went to show any aberration of mind, but on the contrary he answered questions calmly and , rationally. If he had been in a delusion at the time he fired the shot, would the I paroxysm have gone off so soon as to enable him to reply to Sub-Inspector Smith's questions as calmly as he did ? In conclusion he quoted the opinion of the learned Judges of Westminster as to the plea of insanity, which was to the effect that every man was to be presumed to be possessed qt a sufficient degree of 'reason, and to be Responsible for his actions, until the contrary Was proved ; and to establish a defence on the ground of insanity it must .be proved clearly that, at the time of the committal of fine act, the accused was labouring undersuch defective reason . from, disease of the j mind as not to know the guilty nature of the act he was committing. ! — At the conclusion of the learned counsel's address, ' his Honor adjourned tho Court for half-an-hour, at the^ expiration of which time he commenced his summing up. The case he said presented all the elements prima facie of murder. Taking the act itself, together with the expressions used by the prisoner, the jury would oonaider -whether or not the act were wilfully ddne. If it were wilful, . then the "only question remaining was, was it done by malice aforethought ? ' If the^prisoner wfere ndt suffering from delirium tremens or from drink, it was hardly probable that he would havo committed the act he did, under the oiroumstancesin which it /was committed, namely in the open day, and" with a certainty of detection. If he had been in his right senses, and was' actuated by strong personal malignity, the probability was that he would have found some other opportunity, and taken another time and place, cand committed the act tinder circumstances which would-not insSantly bring him under the'-operation of the law. Therefore he thqught the jury would assume — they could not do otherwise — that the act waa the result of the disordered mind and imagination of the prisoner. The real question for them was whether it waa simply that kind of bewildered imagination that often followed drink, and in which case the man would still be responsible for the act, or whether it was satisfactorily proved that it went further than that, arid that the man was actually insane. His Honor then read, and commented upon, the evidence of Dr. Nicholson for the defence, and stated that he waa not capable of giving a clearer idea of the views of that gentleman than the evidence did. itself. Having read the evidence of Dr. Carey, his Honor said that both medical ' gentlemen agreed that the delusions were symptoms of the disease, and said that there was no evidence to prove that the disease continued after 3 o'clock in the morning of Sunday., TJifcy inust^ remember that delusion was the symptom of disease, and disease constituted'ithe insanity.- 'Whether the depression under which it was proved the prisoner waa labouring on the Monday was sufficient to, satisfy their minds that delirium tremens existed, was a different question, and he would preMntty^Tead 'to them the as to the prisoner's actions, so that they might consider that question. His Honor then read the whole of the evidence for the prosecution.,- .If it were proved tOitheirflatiSj-^ fa^tW that 'the' person xWurfired tnVsnot was the prisoner at the bar, then^he was guilty of thVAnurcfopof* GMlfillan,' 3 unless it W& shown that there was some justifiable excute for the aot. There was no proof of any provocation. Looking at the fact that even the groan of Gilfillan .was .heard, if, any wordaM'tikeri plied between the twbitfen they would have been heard, so that there was ho , evidence that words- had led to blows. If ne>killedGil6llanwilfuUy,he must have done i bo with a consciousness and a/motive. If he waa incapable of any motive, or had no ! consciousness of f the act he7wwr,^4oing}/by reaWtt'Ofhito Being insane,' then he was not guilty.' tpidatheprisonetknowthelniture'df the act* he had committed ? The words he j nsijd immediately afterp'tl^Mtdr^an'fc ' UyV vm>WL indicate %t p he *knew A the £a$&W«& acV Mowing thVW 3*l know' J that, j* o^ yP»& Hf?P^g f ' Wdn'W the mam'q^esttofi— , had/ "he/sufficient reasau W judge of the natafeof the, act, to lorowlie was doing a -wrong net and one which he ought not to do?HH!falus#to»ft<» &£^vmMKa6 mwi within the meaning, of the, law; but if on,|he .other hand, he #«s\«Mi state of deliriuni tiremeris, and did not know the nature o£ Jjie *bt andthat it wararwrong onie, then ib would be, their duty to find' him not mirnyr} on ,^the ggon^^fe • insanity. : Bj3 Honor's arttlressta the jury lasted aliout Mo linuri and^h*if t r*Tb© n 's*ey rotSrsd to,

jminutes past five 4 o'clfcck witn a verdict of iGuilty, and* recommendation to mercy. — 'The prisoner having been challenged in the jusual manner^ and the, usher having comsilence, his Honor .put on the^black K»pi andjjassea^toteilce 33 follows : Thomas' pollock^iuirhead^i.ypn, have vbeen found jguiity, "after a verycipatient <trial» of the prime of wilful murder, but' the -jury have their verdict with a recommendation to mercy. -That .'recommendation it will be'myduty toforwardtd his Excellency the Governor, but the lawallowS to me only the one duty of passing the sentence of death. lam bound'to tell you that I agree with the verdict of the jury, and+lieel that it would have been an error, and that a great public wrong would have been committed, if they had shrunk from discharging their fluty when once they had felt that frou were guilty of the death of Mr. Gilfillan. , It is unnecessary for me, and I will not harrow your feelings by any comments upon the case itself. It is sufficient for me to exhort you fcd:availl yourself of this time to' make your peace with that God whom you have so grievously offended, and to sentence you, as I now do, that you be taken hence to the publicgaol at Mount Eden, and that there you be 'hanged' by the neck until you are dead, and may the Lord have mercy on your soul. — The prisoner received ,his sentence with apparent firmness ; and, during its delivery, a breathless silence pervaded the Court. The Court was then adjourned until ten o'clock this morning.