NOT GUILTY.

Auckland Star, Volume LXII, Issue 281, 27 November 1931, Page 9

NOT GUILTY.

HAMILTON MURDER CASE

DEATH OF MRS. LOIS SMITH.

HUSBAND HELD TO BE INSANE

< ORDERED TO BE DETAINED,

(By Telegraph.—Own Correspondent.)

HAMILTON, this day

On- the grounds that lie was insane at the time he killed his wife, the jury last evening returned a verdict of not guilty hi. ; the case of Arthur Walter Smith, aged 50, painter, who was charged in the-Supreme. Court with, murdering his Lois Alexandra Smithy aged 29, at his- home,i 23, Liverpool Street, . Hamilton, on October 3. Mr. Justice Herdmaii ' presided. : J :C . His Honor, in summing up, said .the case ' had been simplified , by the pnspiier's admission that, he had killed his.,wife. Three views, had been.placed before the jury. One was that he killed the. \yoinan knowing what lie was doing ■Hid having the intention of doing it. If . that' view were accepted the act would he.murder. The second view was that the prisoner caused his wife's death' whilq. in the heat of passion and when actuated by sudden provocation. In such . circumstances the charge* could be reduced to manslaughter, but the jury had to be satisfied that such circumstances existed. 'It had been suggested that the woman - had . been unfaithful, continued his ' Honor. The jury might think the circumstances were suspicious and it was ■ for them to say whether these suspicions' " \vere justilied; Referring to the third 1 v ie\v,_ that the accused was insane at \' the time he committed the act and was therefore not guilty of murder, his Honor ■' s aid the jury had to determine whether the prisoner was suffering from a disease of the mind which rendered him incapable of, understanding the nature and quality of his act when he killed his wife; . . fhe expert evidence was analysed at , linjglii and .reference was made to the idafenievits uttered by Smith immediately after the tragedy/"that "his wife

'MWWOMAOWIW ■II 11 Hi » ■■" I■■ ' had' gone too far and that he would not have his children disgraced. It "was for ,the jury to decide, concluded his Honor,. what significance these remarks had in relation to his 'acts. The jury retired at 3.5 p.m. and after a retirement of two hourg returned a verdict of not guilty, on the ground that Smith was, insane at the time he killed his wife. His Honor ordered Smith, to be detained in strict custody in.) Mount Eden prison until the pleasure of the Minister of Justice was known. _

Hie.Honor informed the jury that they would be exempted from ■ jury service for two years. v ;; j,