MURDER TRIAL.

Auckland Star, Volume LXIV, Issue 259, 2 November 1933, Page 8

MURDER TRIAL.

QUESTION OF SANITY.

ACCUSED'S BEHAVIOUR.

HIS HONOR SUMS UP.

The jury in the trial of John Hubert Edwards, labourer, aged 41, on tlie charge of murdering ]\lrs. Christian Cunningham at her home, 111, Crummer Road, Grey Lynn, on August 1G last, retired at 3.31 this afternoon. The trial entered its fourth day this morning. Mr. Meredith conducted the case for tho Crown. Mr. Hall Skelton represented the accused. Yesterday the defence called Dr. Thomas Gordon Short and Dr. William Henry Horton, both of whom expressed the opinion, after interviewing Edwards at cither tho hospital or in prison, and hearing the evidence, that the accused at tho time he killed Sirs. Cunningham did not know the nature and quality of the act and was therefore not legally responsible. Neither witness could say how long Edwards would be in that insane condition. Evidence In Rebuttal. Dr. H. M. Buchanan, superintendent of the Auckland Mental Hospital, said that from the evidence he had heard, and his own observations made in examinations of Edwards, the latter at the time of the killing of Mrs. Cunningham did know the nature and quality of his act, and knew what he was doing. He had interviewed Edwards eight times. Edwards was of a neurasthenic type and not schizophrenic. Witness said that because he had found in Edwards no hallucinations or delusions such as characterised persons who were suffering from schizophrenia. Persons so suffering went into a dreamy state and lived in a world of phantasy. In answer to Mr. Skelton, Dr. Buchanan said he had interviewed Edwards on eight occasions, and found the greatest difficulty in getting him to answer questions. Edwards said he could not remember anything about the tragedy. Edwards did tell him he had been born-in England and before coming to Australia and New Zealand had worked in a steel foundry in Cheshire, and also had had a farm there. He said he had been peddling tea for 16 years. Speaking of his health, he said he had suffered with. Ms nerves and complained of noises in the head. When witness first eaw Edward* in prison he looked ill. At an interview on October 17 Edwards said that never before had he lost his memory. On October 23 when witness questioned him about his memory, Edwards became very excitable. At times it was difficult to differentiate between neurasthenia and dementia praecox, sometimes called schizophrenia. Witness would not expect anyone suffering from neurasthenia to have delusion*?. In: neurasthenia one would expect peculiar conduct, but not fantastical conduct such as would accompany schizophrenia, Re-examined by Mr. Meredith, witness said that though he had questioned Edwards often about noises in the head and hallucinations, he could get nothing from him. The noises which Edwards said he heard in the head were such as were heard by normal persons occasionally.

His Honor: Did he strike you as being honest in his answers ?—I didn't think that .his " statement that he could not remember certain things was honest. "Not Insane." Would you certify to him being insane.? —2STo. 4 In your opinion he is not?— No- . Meredith? Have you any reason to alter your opinion that Edwards knew what he was doing and knew it was wrong?— No. His Honor: You are perfectly clear in your own mind, doctor, that this man was not suffering from either of the diseases of the mind which have been mentioned ?—Yes. Dr. Gilbert M. Tothill, chief medical assistant at the Auckland Mental Hospital, said he had had nine years' continuous experience with mental cases. He had interviewed Edwards seven times, and formed the opinion he was suffering from neurasthenia. Emotional instability was one of the symptoms, and people so suffering were quicker to rise to temper and fly into passion than persons of stable emotion.- In the examinations of Edwards, witness discovered no evidence of hallucinations or delusions of persecution. Mr. Meredith: Having had several interviews with Edwards, and knowing the evidence that has been given, what do you say about his state of mind at the time of the killing?—l have no reason to disbelieve that he knew what he was doing.

"Conscious Acts." His Honor: You know about the cutting of Mrs. Cunningham's throat and then his own, and you know about the note on the writing pad. What do you say?— They were conscious acts. And'he knew what he was doing?— Yes. Mr. Skelton: If it is proved that Edwards ■ had suffered with hallucinations and delusions, what would you say?— One would have to alter his opinion. Edwards is a new man to-day compared with when you saw him in September?— He certainly looks better physically. Dr. St. Leger Gribbin, alienist said he had been associated with mental hospitals for 25 years. He had examined Edwards and was of the opinion he knew the nature and quality of the act when the attack 'upon Mrs. Cunningham was made. Dr. Cyril Tewsley, medical officer to the . Auckland prison, said he had interviewed Edwarda several times and could not ifind. that he was suffering from any disease of the brain. He was of the opinion Edwards knew what he was doing when he committed the act. His Honor: You are definite about that? —Yes. This concluded the evidence. His Honor, in a summing up which occupied thirty-one minutes, emphasised the evidence of Drs. Buchanan, Tothill and Gribbin, who, he said, were experts and men of long experience in mental eases, and said that if the jury believed that evidence, the defence of insanity fail. The jury retired at 3.31 p.m.