MURDER TRIAL.

Press, Volume LXIV, Issue 19310, 15 May 1928, Page 11

MURDER TRIAL.

NEW LYNN TRAGEDY. PLEA OF INSANITY: [THE PBESS Special Service.] AUCKLAND, May 14. The Supreme Court was crowded today, wlien Allan George Norgrove (27) stood his trial on a charge of wilfully murdering his sister-in-law, Ernestina Mary Norgrove, in her house in Cardwell street, New Lynn, on March 7thThe women's gallery was filled, all the occupants being well dressed. Mr Justice Macgregor is the presiding Judge, Mr V. It. Meredith is conducting the Crown case, and Mr Allan Moody and Mr D. H. Reed appear for the defence. Mr Meredith, in his opening address, said that Mrs Norgrove was a widow, whose husband died in 1925. She lived in a four-roomed house at New Lynn with her daughter, Mavis, and her son, David, the three other children being in an orphanage. Accused was a brother of Mrs JNorgrove's late husband. It was clear from the evidence that improper relations existed between isorgrove and his sister-in-law. "It would appear," continued counsel, "that the cause of the crime was possibly Norgrove's jealousy in regard to the proposed marriage of the daughter, Mavis, and his jealousy because of being unable to control liis sister-in-law's action if he desired so to do." Mavis had become engaged to a man named George Firth, and accused) apparently took strong exception-! to the arrangement proposed by Mrs Norgrove, that Mavis and her husband should live at the house in New Lynn after the marriage There had been quarrels, and neighbours had at times gone in to stop them. There would be evidence that an assault hadl been committed by the accused upon his sister-in-law on a previous occasion. A week before the tragedy accused and Mrs Norgrove had another argument that ended in another quarrel. Accused asked Mrs Norgrove where Mavis and Firth were going to live when they got married. Mrs Norgrove said: "With me in my house." Accused said: "They are not going to live with you." Mrs Norgrove then told him that they were, and that she paid the rent for the house. Norgrove then took a knife and said to the woman: "I'll run it through you." On the morning of the tragedy Mavis got up early in ordler to get ready for the wedding, which was due to take place that afternoon at the Registry Office. That quarrel as to where the newly-married' couple should live had been settled by an agreement that they should stay with some friends until such time as they could get a permanent home. On the uiorning of March 7th at about 11 o'clock Norgrove said to Mavis: "Whore is your mother?" Mavis said she was at Mrs Pirrit's house. Norgrove asked if it was intended to have a "tarn out" (meaning a wedding party). Mavis said: "Yes, there is going to be a surprise party." "Is your mother going?" asked accused. "Yes," said Mavis. To which accused! replied: "No, she's not. I'll teach her to deceive me." The presenoe of Mrs Norgrove at the Registry Office was necessary, and Norgrove said he would bring her back, and that she "would not need any snow" that day.

The evidence of a Mrs White, whose sowing room was opposite the kitchen of Mrs Norgrove's house, would show that after Mrs Norgrove went into the house, Mrs White saw the kitchen window open. It opened in a hurry, and attracted Mrs White's attention. MrsWhite could see that Mrs Norgrove was crying She placed her hands on the window ledge, and was in an attitude that Buggested that she wanted to get out of the kitchen. Mrs Norgrove kept on saying "'I will, I ytill'." And, then Norgrove wts_ heard to say, "I'll go too." "Mrs White did not want to appear too inquisitive," said Mr Meredith, "but she looked out again, and saw the kitchen window close. She then heard tho sound of furniture being moved about the room. Then followed about half a dozen dull thuds. She did not take any notice hut later saw accused out of the house and along the street with his hands in his pockets." Mr Meredith added that Norgrove went along to Ponsonby Police Station, and gave himself up to Constable Leslie. Shortly after his* arrest, Norgrove made and signed a statement admitting the crime. The evidence would show, f>aid Mr Meredith, that there was a flat iron on a shelf in the bathroom of the house, and it would appear that this was tjie weapon with which the murder was committed.

Touching briefly on the subject of Norgrove's mental condition, counsel said: "So far as we know at present, there is nothing in the evidence to suggest that there was any condition in connexion with this man to show that he was not responsible for his arte. It is suggested that what he did was the act of a violent tempered man, who had lost his temper because he was not getting his own way, and in that temper he perpetrated his cruel assault upon this unfortunate woman." . Evidence for the prosecution was given on the lines of counsel's opening statement. , ~ - .r. Mr Alan Moody, addressing the iury, indicated that the defence would be one of insanity at the tune of the offence. He said that evidence woulcl be called to show that Norgrove had been abnormal ever since he was a child. „ , David Norgrove, brother of the accused, was the first witness called by the defence. "Accused was moody and depressed at times, and absolutely melancholy," said witness. He had always been like that. As a boy, wlien he lost his temper, he was very violent and uncontrollable. During the last seven years he had been very depressed and melancholy. Often _he could not sleep at night, and his light had to be left on. When a boy witness often had to carry him to school. His Honour: Why? Witness: Because he was too nervous.

Mr Meredith: How often did you have to carry him? —Nearly every day. How long did that go on? —About three years. Do you suggest that he kicked and fought with you when you took him to school? —Yes. When they would let him out he would disappear. They never let him out of school at playtime. Who took him to work?—No one. His proclivities on going to school that you have told us about were dropped when he went to work? —1 don't know. Well, they must have dropped, otherwise if he had kicked ana fought he would have been dismissed? —I don't know. He did not kick or fight?—He would if he got annoyed. A pathetic figure ,in the witness-box was Mrs Margaret Norgrove, mother of the accused, who gave similar evidence, adding that a niece of his was in a mental hospital. There was a dramatic incident when Mr Meredith cross-examined Mrs Norgrove. Accused half-rose to his feet and said: "You leave my mother alone." He was obviously distressed, and sobbed bitterly. As his mother left the box and passed accused the latter said: "Are you all right, mum?" She replied, "Yes." Dr. R. M. Beattie said he had examined the accused and kept him

under observation, visiting tihe gaol five times. Physically he was run down, and mentally he was depressed, was emotional, and had what appeared to be groundless suspicions concerning two or three different persons. Accused was suffering from congenital mental instability. Witness found that accused's mother had a nephew and a niece in mental hospitals. His Honour: You mean the mother told you so?— Yes. Continuing, Dr. Beattie said that both sisters were neurotic, and a brother was unquestionably epileptic. To Mr Moody, witness said he concluded that after slight provocation accused would develop into a frenzy which was maniacal in character, and during which he was irresponsible and did not fully comprehend what he was doing. He was satisfied accused's act was due to mental disease, which prevented him from having sufficient control over himself. The hearing was adjourned.