MURDER TRIAL.

Auckland Star, Volume LXIV, Issue 257, 31 October 1933, Page 8

MURDER TRIAL.

CASE FOR DEFENCE. GREY LYNN TRAGEDY. PLEA OP INSANITY. In the trial of John Hubert Edwards for the murder of Christian Cunningham at 111, Crummer Road, Grey Lynn, on August 16 last, which commenced at the Supreme Court yesterday, before Mr. Justice Herdman and a jury, the defence is pleading insanity. At the conclusion of the Crown's case a number of witnesses "were called to show that Edwards is not, or was not at the time the crime was committed, normally mental. Mr. Meredith is conducting the prosecution and Mr. Hall Skelton is counsel for Edwards. In cross-examination yesterday afternoon, Alfred Cunningham, husband of the murdered woman, said he knew of nothing that had happened during the period the family had known Edwards which would cause Edwards to have a "set" upon Mrs.. Cunningham or any members of the family. They had always treated him as a friend, and he appeared to appreciate it. Evidence regarding the scene in the sitting room was given by Percy George Longley, cabinetmaker, of 113, Crummer Road. He was called in by the daughter, Joyce Cunningham. Dr. Drury, who was called to the house of Mrs. Cunningham about midday on August 16, described the injuries to Mrs. Cunningham and the accused Edwards. Mrs. Cunningham was in a very grave condition. Edwards did not speak, but he was conscious. The wounds to Mrs. Cunningham's head were. such as would result from being struck with a blunt instrument. No Sign of Struggle. Constable Ruehton, of Newton, described what he saw when he arrived at the house. He said he found the razor (produced), which was covered in blood, in the hand of Edwards. The furniture seemed to be all in its proper place, and there were no indications of a struggle*. Mrs. Ruby Ada Milne, of Hepburn Street, Ponsonby, said that a few days before the tragedy Edwards was depressed and complained of being ill. Dr. Anna L. Hansen said that Mrs. Cunningham died very shortly after being admitted to the Auckland Hospital. Edwards was admitted the same day, and discharged on September 4. After being operated upon Edwards was irrational. He said he was very weak and was going to die, and he also complained that the nurses were trying to kill him. He had been given morphine. After its effect had worked off he was quite normal. Statements by Accused. Constable Chas. Williams, who wae on duty at the bedside while Edwards was an inmate of' the Auckland Hospital, gave lengthy evidence of statements made on various occasions. Among other things,. Edwards had said: "I was no coward; I killed the woman I loved. I had a nervous breakdown about seven months ago. A nervous breakdown is a terrible thing. I have not long to go; I know lam sinking fast. When a man is in a etata like that, he does not know what he does. When I went down to the house that morning. eomething led me there, and then led me there again. They say murderers go to hell, but I do not believe that. When a man is insane he • does not know what he does. When a man can't sleep his nerves are gone, and there must be something wrong with him to do a thing like that. When I did it eomething seemed to snap. When a man is insane he does not know what he is doing. No, I'll plead guilty to his Worship. It might mean the scaffold. You know, •» life for a life. . That's what they believe in. They tried to out me last night with their dope. I know they did. It would save expense to get a man out that way and save a Supreme Court case." "The Law of Nature." Witness said he aeked Edwards why "they" would want to murder him, and he replied: "It is the law of nature that when you kill a person you shall pay with your life." Edwards also said, "When men go to war and kill each other they are called heroes, but when a man is imane it is a different thing." Cross-examined by Mr. Skelton, witness eaid he did not think there was anyone but himself who heard any of the statements made by Edwards prior to his being operated upon. Constable J. G. Howe, who was also on duty at Edwards' bedside at the hospital, related various statements made by the accused. Several times he spoke of suffering from a nervous breakdown, which began on June 1. Edwards also remarked: "I ' have nothing to '"worry about. My conscience is quite clear. I do not remember anything about it." Edwards stated he had had no sleep for ten weeks. In a witness on August 30-Edwards said: "1 am an unlucky man, a very unlucky man." He had discuseed general topics, such as the present economic conditions, football and gardening. "I Forgive Everyone." Further evidence of remarks made by Edwards whilst in the hospital was given by Ccnstable F. Farrow. Amongst the various statements rewards said that he would be better dead. He said he was the unfortunate one, that he should not be in hospital, but should' be in a Tjox. All the doctors and nurses, he eaid. were trying to "fix" him, but some of those so treating him would get their turn. He said he was suffering too much mental anguish. On the night of August 26 Edwards said: "I am as sane now as I have ever been in my life." He also said his curse would be on all those who were jeering at him, and that he would haunt them. On another occasion he said, ""I forgive .everyone.' When a man has a breakdown he does things he would not otherwise do." Accused also said he had no callous traits and would not kill a fly, but something went in his head. He had- done m thing to cause him to have a breakdown, but he.could do nothing to. stop it, and what followed.""'. A Fruitless ; SeaTch. Detective Geo. A. McWliirter said he and five Others .had searched .the house thoroughly, but had failed to-find any instrument which was considered, likely to have been used to inflict the injuries to Mrs. Cunningham's head. The yards of ncighbourinfr houses had also been searched. Witness and Detective Finlay arrested accused upon his discharge from the hospital ana charged him with murder. Edwards made no reply. This closed th -■ evidence for the Crowai;

Case for the Defence,

In opening the case for the defence Mr. Skelton said he did not doubt that the Crown had proved the act committed and that Edwards was responsible. The jury had probably realised that the defence was one of whether at the time the crime was committed Edwards was insane. It was for the jury to decide whether at the time Edwards knew the nature and quality of his act and the consequences it entailed. The tragedy itself had to be reviewed, and vital facts to be considered were the absence of any "motive, no concealment of the crime, and no attempt at escape. Numerous witnesses would be called to show the type of man Edwards was before the offence, and this would be, important when the jury had to decide whether Edwards was insane when he killed Mrs. Cunningham. The evidence of the witnesses would cover a period from some years ago up to the present time. There would be evidence that when he was selling tea from house to house Edwards would suddenly stop in the street, drop his bag containing tea, and, looking up at the sky, commence to sing. There would be evidence also that Edwards at one time had the fantastic idea he was a new Messiah, and was sent to spread a new religion. Counsel said that because of Edwards queerness many people were under the impression that he was a shellshock case. The medical evidence would mainly concentrate upon two scientific points. _ ~ Habit of Singing Loudly. The first witness called for the defence was Mrs. Elizabeth Phillips, of Oliphant Street. She said she had known Edwards for 12 years. When she first knew him he was selling Christmas cards, and later he sold tea. Frequently when he called he would sit on the back steps, bury his head in his hands and begin singing loudly. She remembered an occasion about 10 years ago, when he was at the foot of Summer Street shouting out that someone had tried to murder him. He had his handkerchief tied round his head, but when two young men went up to him and removed the bandage ther.e was no sign of any wound. In answer to Mr. Meredith, witness said it would be about 10 yeafs ago since the Summer Street incident, and about five years since he called at her place. Prior to that, when he called he did -not always sing. His favourite song seemed to be "I Would Like to Sow a Seed in Your Heart." Thought Accused Shell-shocked. John Henry Rueh said he had known Edwards for several years. Edwards used to sell tea to witness, and frequently when he called he would burst into song. One of his favourite songs was "If I could plant a tiny bit of love in the corner of your heart." Edwards was very shaky at times, and witness thought him a shell-shock case. Mr. Meredith: How long ago was it that you say he used to call.and sing?— About 11 years ago. He could sing pretty well? —He thought so, but I used to treat his singing as a ioke. A lady has told us he was a good singer? —He might sing better to a woman than to a man. The witness related an occasion about five years ago when Edwards was in Ponsonby Road. Edwards knocked his head against a post, tipped his hat off, and began- to shout. Witness went over to him and Edwards, holding his hands to his head, complained about the blood flowing from i-t, when actually there was no blood at all. An Excitable Individual. James Robert Robertson, auctioneer, said he first knew Edwards in 1927, when Edwards purchased a farm of 10

acres at Mt. Roakill from witness. It was not long before witness discovered Edwards was a strange and excitable individual. At one time Edwards spoke of a new religion, and said he intended to fro to Australia to spread the movement. At times Edwards would discuss farm matters quite rationally, and at other times he would rumble in his conversation and it was difficult to pin him down to any one topic. Eventually Edwards walked oil" the farm without saying a word to anyone, and went to Australia. He left the "stock to look after itself.

The Court adjourned until 10 a.m to-morrow.