CHARGE OF ARSON.

Dominion, Volume 1, Issue 286, 27 August 1908, Page 7

CHARGE OF ARSON.

SANE OR INSANE? A PECULIAR CASE AT AUCKLAND. EVIDENCE OF DOCTORS, (nx telegraph—press association.) ' Auckland, August 26. Newmarket arson, charges, which word postponed from tlio May sessions of tlio Supremo Court in order that the accused, Thomas Fitzgerald, might bo placed under observation to ascertain whether ho was sane or insane, were called on again aVtho Supremo Court to-day. The prisoner shook and swayed about continuously, and for all the notice ho took of tho Court and thoss in it they might have been non-existent. •• When asked to plead he still maintained the - samo blank expression, and in accordance with tho procedure laid down a jury was empanelled to determine whether he was in a fit state to answer one way or the other.

'■"•The Hon.. J. A. Tole, K.C., Crown,solicitor, submitted that the accused- was feigning madness, and called evidence in support. ; Colin M'Donald, a warder at Mount Eden. Prison, stated that hp had the prisoner under ' observation for fourteen days after his arrest. From what witness saw he was of tho opinion that accused ; was malingering, witness observed him from a 'cell window, and when he was alono lie was all right, but as soon as ho heard anyone approaching he feigned madness again.' On' one. occasion witness said to him: "Fitlgerald, you are doing all right. They all think you're mad." ilie prisoner replied: "Do they?" and then went oil malingering worse'than ever. Ho would not,eat unless he was alone. Witness' watched him for another fourteen days from tho commencement of this month. Ur. Beatty, medical superintendent at the Mental Hospital, Avondale, said that he had had several opportunities of. observing tlio prisoner during the. past three months, and the opinion he held at' first was the same as it was now, that Fitzgerald was malingering. In his opinion ho was quite able to plead and also to understand the cvidenco given against him. While lie did not regard him as. • insane, fitness still looked upon him as a degenerate. His Honour said he supposed the jury knew something about the circumstances. On the occasion of the last, fire tho accused knew that the night-watchman and someone else were about, and yet he set fire to the promises, which tended to show that he could not have been_ iii a' normal .state of mind. ii sa 'd the prisoner was perfectly well able to understand everything that might be said. It might be that he could, but at the samo time it seemed to his Honour that he was in a very unsatisfactory condition to be tried. There would be no great harm done if they did not try him . then. Ho would bo- committed to the prison again, and wlien" lie "found out that lie was still to bo tried ho would recover his senses. The Crown was endeavouring to establish that he was sane. There was nobody to represent adcused to see if lie was insane. His Honour did not think much of tho evidence of the warders." Personally lie "should ' 10 nii - prisoner as he stood. v -. Hie -jury, • after, a short retirement, requested that the prisoner should be .examined by two moro medical men, and the case was ordered to stand down while the experts were scoured and conducted their examination. ■The cases were called on later in the day, when Drs. Lindsay and Hart, who ha'd examined the - prisoner, gave evidence. The former stated that ho could not find any trace of insanity, and that, in his opinion, Fitzgerald was malipgering; ; .Dr,' Hart' was also ;of'tlio.-same opinion. 1 'IhVjury thereupon found ithat .'the prisoner was quite; ablo to, plead, challenge jurors, 1 and conduct "his own defence, and.,'the prisoner .was ordered to stand down until Thursday, when hq will bo. tried.