MURDER CHARGE.

Press, Volume LXVI, Issue 20090, 20 November 1930, Page 15

MURDER CHARGE.

THE TOWNSEND CASE. EVIDENCE FOR THE DEFENCE. | (r uaa associahou tbleobam.) NEW PLYMOUTH, November 19. The trial of Alexander Townsend, charged with the murder of his wite, Cora Alice Townsend, was continued this morning. Dr. K. A. Walker continued his evidence for tho defence. He said the wounds on the victim must have tak«n several minutes to infljet. The attack continued after death, and from this fact he was ussured that accused acted like an automaton. Later, he asked it his wife was dead. Hie converse tions and delusions showed mental instability The change in his appearance, spoken of by Miss Patch©!, showed the onset of an insane impulse and a lack of intention, indicative of the state of his mind. He went to the house to talk to his wife. Accused had a mild delusional dementia, but was seized with a sudden impulse. In answer to the Chief Justice. Dr. Walker said it would be accused's state of mind, to which was added ths sudden impulse, that was partly responsible for the crime. Iliß Honour: Did you regard the fact that accused took the gun with him as a matter of importance? Witness: 1 did not. He did not take it to Mrs Vickers's home. His Honour: Did you regard as of any importance the fact v« though the gun was not taken to Mrs Vickers's house, it was left in the street, and further, the fact that W" fsused did his best to get his wn© out of the house ? Witness: I did not connect the two in coming to my opinion as to his insanity. . , His Honour.: Can you not see !hat these are matters of very im"His Honour: May not • that all indicate that he had formed the intention, but not to commit the act in Mrs Vickers's house. . Witness: They may be consistent with the intention to commit the act, but thev do not preclude the possibility of an acute homicidal impulse His Honour: Do you recognise that an acute homicirhi 1 impulse, per se, does not come within the legal definition of insanity. Witness: T think it ought to. Hia Honour: You are not here any innro than 1 am to say what the law oucrht to be. , Dr. W. J. FS-oid gave corroborative evidence of the insntiitv of the accused from the medical noint of rl .® w * . +

X>r G P Adamson said thay. fram ncoiised'' his visit to him on Jannnrv 20th he hacl formed thn opinion thnt he no j quit© rinVit in none. \ Dead Woman's Belief. Dr. Adamsor. added tliat knew from hi# contact, as a practitioner, with Mrs To-srnsend, that she expected her life would bo ended in this way, but her erving out that she would prefer to be shot, did not indicate in any j way. in the opinion of witness, that the accused knew then what he was actuallv doing, lie thought frotn what. Mrs Townsend had said to him, that the scene enacted that night, except thf' actual murder, had been gone through many times previously as a threat, and she had said 6he expected her httßband would murder her, as he carried a pocket-knife about with him for that purpose. Bhe did not know whether he was mad or bad. Nothing in the con\-ersatlon between the two of them in the sitting-room suggested to witness that accused knew what he was doing. When accused said, "I'm ft dead man now," he might have realised at the moment what he had done. , . .. . His Honour: Does not that indicate that he knew lie had done wrong. 1 could not Bar that. If his senses had returned, or partially returned, how do you account for him "going back and finishing the deed? ]t might have been part of the impulse. Evidence in Rebuttal. This concluded the case for the prisoner, and Mr Weston intimated that he wished to call evidence in rebuttal, on behalf of the Crown. Dr. John Williams, Medical Superintendent of the Porirua Mental Hospital, fcaid he saw Townsend on Sepetember

(Kaiapoi), 2 cows at £7 12* 6d to £9 12s 6d, 1 heifer at £6 12s 6d; F. Leonardo (Le Bon's Bay), 9 steers at £l6 to £l7 12s 6d, h. D. Stanbury (Waiiiui), 3 steers at £ls 17s Gd to £lO 17s 6d; E. Woodill (Stony Bay), 4 steers at £l3 120 6d to £l7 7s 6d. cow at £l3 17s 6d, heifer at £l3 2s Hampton (Leefcton), 4 cows at £8 17s 6d to £l4 2s 6d, steer at £lO 2s 6d; southern client, 6 cows at £9 17s 6d to £l2 17s Gd, North Island client, 7 steers at £ls 7s 6d to £l7 17s 6d; a client, cow £10; J. C. Clarkson (Fendalton), 2 cows £7 7s 6d to £9 17s 6d; client, 8 cows £ll 17s 6d to £l3 2s 6d, 4 cows £7 «s Gd to £9 12s 6d: F. G. Birdllng (Birdllng s Flat), 8 steers at £l7 2s 6d to £l7 17s 6d, 1\ Leonardo <l.e Bon's Bay). 11 steers £l6 to £l6 12s fid; Cashmere Estate, 4 steers at £l7 2S 6d to £l9 7s Gd, 1 cow at £l4 7s 6d; southern client, 9 steers at £l7 l~s 6d. 9 cows at £7 2s 6d to £l7 2s 6d; A. A. Narbey (Akaroa), 4 steers at, £l6 6d 10 heifers at £7 7s 6d to £ls 2s 6d, 1 cow at £9 17s 6d; Mrs P. F Colin (Rakaia), 1 cow at £l6 17s Gd; (West Eyreton), 1 heifer at £lO 12s 6d, W H. Montgomery (Little River). 1 cov at £lO 2s 6d; H. Pickering (LadbTOoks), 8 cows at £7 17s 6d; R. Stewart (Templeton), 1 cow at £lB 2s 6d; clients, 26 cows at £6 7s 6d to £ll 12s 6d. VKALBRS. There was a larger entry than usual hi the vealer Section. The sole , was tot > free one, and prices, in Sympathy the lower values for other classes of stocic, drepped 5s a head all round. The top price was "8 6s. STORE CATTLE. Inhere was a very dull and dragging sale in the store cattle section, partly due to the fact that the quality of the entry was very much below standard, being in the main

made up of cattle of. uneven quality and bad colours. The major proportion was made up of yearling and 18-months-old catt • ' pen of two-year-old Jersey cross heifers so d at £4 10& while a pen of two-year-old Shorthorn heifers made £5 15s. A pen montlis-old Shorthorn steers fought -jbsSE U S Si™ The w*"..''Z\£ &• about on a par with late rates. dairy cattle. The entry of dairy cattle f' tho demand was poor, especially for back ward springers and cows in profct. f T M, a; f P8 Pr io e £lTVo^ r me < dium £7\ r inferior £3 10s to £4 I ?. a ' go 2g to"^! SJTS « £ ?£=£*« cording: to condition ~o # JAs. fat pigs. The entry of fat pics w-as .'f and included a number fro ™ th £^° r ,i th tor land. There was ' a 'l, c^ m ?"r both porkers and baconers, but P fortnight sorts were easier than they were a fortmgn ngo. Values were:— Porkers 45s 6d to 55s 6a. Heavy porkers to 13 '< ? a '„j Aven.se price n 11) Tid to Choppers £3 to £6. Baconers £3 6s 6d to £3 I Ss 1 Heavy baconnrs to £4 C<s bcl. Average price a lb 6d to u. STORE PIGS. saw and compared T wUh m t-l!ues . received in the fat pis pens prices were in a lot of cases dear. Values were Larfre stores 42s to 4os 6d. Medium 85s to SBs 6d. Small 29s to 33s Gd. slips and good -.veaners 28s 61 to ..8s 6d. I Inferior weavers 16s 6d to 20«.

18th, September 2Sth, and November sth anil 12th. At no time did Townsend, in his opinion, show signs of insanity. "In coming to that conclusion," said witness, "I have taken into account the story told me by the accused, and the evidence in the case. At Hamilton, Townsend commenced to drink too heavily, for it happened that alcohol had a specific action in a eertain type of drinker, eausing him to be suspicious, cantankerous, and truculent. Obviously the natural truculence in the man had become more marked. Drinkers, as a whole, were divided roughly into two classes, convivial and industrial. The convivial drinker was one who had an occasional burst, got drunk and staggered home. It was rare for such a man to commit crimes, particularly homicide. Townsend was not of that class. He was an industrial drinker, one of those continually having nips that resulted in his system becoming sodden with alcohol. The specific effect of alcohol in this form of drinking was to cause some loss of control in the higher feeling, and a man became truculent, impolite, and moody." Accused's Intention. Dr. Williams said ho did not think when Townsend entered Mrs Vickers' house he intended to murder his wife, lie had been drinking all day. It probably was his intention to get his wife and daughter to go away with him and discuss a settlement and possibly to start life over again. Thwarted ir> his desire hia natural resentment became difficult to control, but he managed to control it until 2 a.m., when jsurse Patchel noticed a change Rome over his face. That was probably an indication that one of those violent crises associated with alcoholics was about tc. return. "It is a matter of hypothesis what was tlje stimulus of the state," said Dr. Williams, "but I am inclined to think ! it was his wife's laughter and joke about his umbrella. Seeing her laughing broke the last thread of his selicontrol. He advanced upon her with the intention of cutting her throat. Thinking he had completed his work he left to go away, but at the door he found she was still alive. Resentment and anger surged up still further. He became in a state of blind rage, and said 'l'll fix you.' His work finished, he realised what he had done and became frantic. He rushed away t > where his gun was hidden, but his first plan of shooting himself had gone by the board. I think he was frightened to shoot himself. He put off the moment by thinking 'l'll go and clean the rest up.' He obviously knew he had done wrong, because he expected the police to take him. Alcoholic Frenzy. "1 do not consider Townsend suffered from mental disorder," concluded Dr. Williams. His symptoms in general were characteristic of the_ soaker. His crime was the characteristic act of the soaker. He was not insane in the legal sense when h© committed it, for though it niay be possible that for j a second or so he did not know what lie was doing, he knew what he was intending to do. _ He knew it was wrong, and when it was finished he knew ho had done wrong. He "was ' stimulated to come back a tune against his judgment through his extreme rage. Dr. H. E. Jeffreys, medical super- ; intendent of the Nelson Hospital, and i a mental expert, said every man who was drunk was strictly speaking insane at the time; therefore in that sense Townsend was insane at the time he committed the crime, but he was insane in that sense alone. In two interviews with Townsend he had found no evidence of insanity, and on hearing the evidence he could not reconcile the conditions mentioned with _ any known form of insanity. His opinion was that the crime was committed in a state of alcoholic frenzy. The Court adjourned till to-morrow, the Crown Prosecutor having further evidence to call in rebuttal. i =============