TREATMENT AN IDIOT.

Auckland Star, Volume L, Issue 65, 17 March 1919, Page 9

TREATMENT AN IDIOT.

■gtf.ERI'Y COV * ?X * B CHARGED. pl_£A OF GUILTY QUESTIO___D. IMPORTANT LEGAL POINT. -The elderly couple, William and Elizabeth Kevland, who were arrested some Linus ago on their farm at Hukatcre > near Faptiroa. on a charge of failing to pro- •_. the necessaries of life for their flint son, came before Mr. Justice Hos- ___*__ at the Supreme Court for .enten- - Mr. W. D. Anderson apDeared for the two accused. Xhe kttcr bad been previously before the Court, when his Honor expressed a floubt whether the i vidence supported the charge. Tiie accuseds' plea of -uiltv was also called in question, as ft was suggested that they had so pleaded on the advice of the arresting tonstable.

}lr. Anderson moved that the accuseds' w_a of guilty be set aside. He referred to the fact that pleas of "Guilty" to indictable offences were not allowed to be withdrawn if made in the lower Court. This, he said, was a provision made when the law was amended to allow persons pleading guilty to be sentenced at once without waiting for the quarterly sessions. He quoted two decisions on the subject, but commented on the fact that neither case had been folly argued. If. he said, the powers of .he Supreme Court were so far curtailed that it could not allow a plea of guilty, made in the lawer court, to be withdrawn, the law had shown a retrogression, not an advance.

Hi? IlFinor said that it did not seem to him that the evidence supported the charge of failing to provide the necessaries ot life. "If the Court is called upon to sentence a person merely because he ha* pleaded guilty, even though the evidence doesn't seem to show that he is guilty."' he added, "then the law oitglu to he altered. The only thirig to do in such a ease, as far as I can sec. would be to pass no sentence." His Honor added that the matter was a very important one, and he would not decide upon it until he had consulted lis hrother judges when the Court of Appeal met. KEPT OX THE FARM. Dealing with the merit 6of the case. Jir. Anderson said that the accuseds' idiot son was 2!) years of age, and had _.en an imbecile practically from birth. 3n had been suggested at one time that lie should be committed to a mental hospital, and the father favoured this course. The mother, howe\ *er, was very anxious to keep him on the farm. He was a very difficult case to deal with, being indescribably dirty in his habits, and given to tearing his clothes to pieces. He lived, in fact, just like an animal. Up to two months before the charge was laid he had lived in the house with the rest of tiTe family, but when the warm weather came on it was decide to put him to sleep in a small shed, locking him in at night for safety's sake, and letting him out as usual in the daytime. Unfortunately the police arrived early in the morning, before he was brought out and dressed. He had always had plenty of suitable food. As showing the parents' good intentions, counsel said eaid that in .eptember, before theT- was any hint of trouble, the male accused made his will (produced) makhig the idiot son a first charge on his vliole estate.

His Honor: He is 29 years of ag_. If they had wanted to put an end to him they would have done it long ago.

- Coun-el put in a testimonial signed by 20 or 30 residents of Paparoa and Matakohe to the effect that the two accused v ere well respected, and bore an excellent character.

Two witnesses who had been neighbours of the Keyland family for more than twenty years were called, and stated that they had always found the idiot boy to be treated with all the kindness that could possibly be extended to one in his condition. They had no 4 seen the hut referred to. as it was not built when they last visited the farm. One witness said that the presence and condition of the idiot was weli known to the predecessors of the constable who bad arrested the parents.

The hearing was adjourned till Wednesday to enable tbe constable to be called. The accused were told that they need not be present, but might go back to their home, as the matter would not lie liuallv decided till later.