DR. GOODE ON TRIAL.

Dominion, Volume 2, Issue 461, 20 March 1909, Page 7

DR. GOODE ON TRIAL.

ON A CHARGE OF MURDER. MR. SKERRETT DISCLOSES THE DEFENCE; x , • 1 "THE DEED OF A MANIAC." • TtLKoiiAi'n—ntnas. tsuocuTioH.) ■ ' ,i- i NOW Plymouth, March 19. .■■■' The Court resumed'"at 10 o'clock this morning... In opening the case for the defence, Mr. C). P. Skefrettj'..K.C;, i remarked ■/-that'he .had,/no' doubt that the jury had alsurmised' .its . (nature. Both his learned ■ friend, and himself, had found it •.".impossible' 'to deny that the hand that shot Mrs.'Kleriner was the hand of the prisoner '"at;the 'bar, but.this did not end the matter. .It necessary to establish / any • crime 'that'-;there should be culpable'and'wicked nterit,.; and ' a wioked and competent mind was -a necessary ingredient of an .offence. ' There/must bo'ati intent to'kill; there be malice, aforethought. If-tho'act was due to! physical-or mental defectr-whether that hereditary, congenital, or acquired;''whether'it were permanent or temporary—in "the.eyeof the'law : it ibsblved'tho prisoner ■ from • responsibility;'' It .did. notj /ho.wever, follow thaV because a prisoner was . Acquitted for; .crime'.'on' the;ground of in- : Banit?','that', he' wad;; set free. 'THe alternative'before the. prisoner was 'either the gallows,'or detention under. conditions , : that would: : proteot society."' It 'was not "murder or, noffchiiig'; i'it was either-murder- that'sent the soul into etornity ,or a verdict that sent . .acciised into detention - for an indefinite term.y" He desired-to refer to> one' aspect of'.mental disease'that would be of , assistance', to the'jury. distinction betweenmere. drunkenness, . and that, form of/mental degeneracy' from alcohol. that would?- prevent, ; ..the subject from reasoning .whether his acts! were hvrong'.or not. He, 1 theiii referred to decisions that held that.'madness caused by delirium tremens (the /-secondary effects of drunkenness) made aprisoner .irresponsible, 1 -for 'his. acts. jutv| Westbn had suggested "that if man found that"drink''.excited 'his, ? mental'faculties, it was. His duty, to''abstain frdm it.. -This was ii?counsel, of; perfection addressed ; to the imperfect.:, If .drunkenness ,w-ere the cause of insanity, .it • was also a that insanity - ciused,. drunkenness. This crime was one that.i pointed i directly' to irresponsibility and insanity. . Accused wont to.a- house, when 1 hb'. must-nave • been - avrare, from his knowledge 'of ; the' ; horrsehold' arrangements, that the-little'girl-was-'at hoirie.'-,. Ho must have , heard Mrs. 'Elenher'tell the child- to/ go and play, I ' yet, as- soon as tho unfortunate woman returned, to tho room, he mado a suggestion;- to ! her, and,' ,when, refused,' without / anyi.piiuso, fired-two shots... It was the deed: of a. maniac, tortured by' homicidal impulse:-; No jury could not help but .no-, tifce' that accused was. subsequently treated • ;.by allf'aS a ••wild beast,' as ti man:bereft' of • aili'rea'son.- When he was approached it was , vuthva'well-ordered plan of "camj?aign, and; when /he'was arrested he.was ,again treated s • as--'a'-maniac. Mr...Skerrett .theft detailed, the " circumstances .following tho , capture to show! that! they were only consistent- with -{The' -address - occupied ,• fifty-five minutes. -. • 'v. .-.

• First Witness for the Defer.co. ''..'Walter FrederickVJenkins, Mayor of ,Wai- ' tara," was the first witness for the ! defence. 'Ho had known Dr; Goods for twelve years. Accused was n mo'rooe sort of m'an. Snd had very few friends.H6 used to think that people whordid not agree" with: him i were, enemies.. Ho had told witness being watched, by.f Mr.-.' Fraser, storekeeper; at-"Waitara,, and had asked witness to bo allowed to - put-up a., hoarding aronlid the vacant sefltioil in front : oft-witness's auction, mart to, prevent Fraser • frW'lodldng. on his' Verandah. - , . v ' >',To'''Mr.-'SKeiretti "When.witness said'.that!th ere .' Was no one- fin^t&e-occasion .on' which.he someone^Vatcmng him. lie "said-.to ■ $•« x rest.'Ay'W ii.;v io' George - Herberi." StubbS/:;-.;Waitara, t _ had accused .' about '.'ten. years. . 'Witness, was'not very friehdly'with -hinr/ It wasim-'. possibje jfot- bo' so;. 'becausQ, had_ very] i tdw&fds-,'raen .whom'"w;itn"esS; friends. :

.Vsaurod ) by. professional Matters. ■ • Cecil'M; Townsendj. solicitor., Waltara, -hod' know''n;i)r;.-!(^de;fbr. ! ;tliree.' I ;years. ■ Accused .wasi.-Very-. ,moros,e rand;.dissatisfied .with his V6n : siic'ce3s. :Wh'en Dr. ..Glaridge .came, to •Waitara','"a number of members of ,the. Foresters'; Lodge were, disappointed with Dri Goode,''and wanted* an additional-doctor. Dr. Claridge was appointed, .thus, giving, mem-, bersithe choice of both.: Accused seemed to. think-.,, witness- .had -joined, what he. termed. " the : ring " against him. Accused had closed hislaccount with -:witne'ss, after' telling' witness .that.he thought.'that.lie (witness) was going oyer to his enemies. Ac'cusedValso said •■Vhatjth6r« was some' trouble in store for wjt- 1 jiessj'.and.,that..ho could have, saved,him, but -would/not do .so, as ho was going. to his enemies;' ;"Dr. Goodo; Also said' frequently v jhat ■ a .section of the Foresters- were ; opsosedv'to bim.-and employed spies; to watch him. '. . :;i.To|SIr. Skerrett: Witness. Jiad cbmo to.the conclusion that Dr. Goode's complaints about people; ,were purely Imagination." ■

f Back Pages .In tho \ Doctor's Life. > Thomas Buchanan, Town Clerk, Waitara, / hadt known Dr. Goodo ten or eleven -years." / So'mehyears ago , witness was deputy returning.;officer to the Taranaki County Counoil. Dr.i Goodo- came into the office to exorcise \his' vote in the-usual way;' Witness'marked, the voting paper with the ■ voter's roll number,'gummed tho' edges down, and'handed it., to--tho doctor..'. 'Accused wanted; to ' know; what 'witness, had'viTitten pn : the paper.:. Wit-; ne'ss'Voxplained ty procedure,''Ht-the doctor ' refused' to take the voting-paper,A and denidnded a fresh one with no marks on. it. Witness again explained the/ matter, but accused replied:. "Not You want to know how IJm .voting!" No argument conld shake this belief. , - ; At length accused, "Oh, well I'll; make the, election. .void,., and „take the paper;-awajr with me.". „ Witness 'told him of .the ..penalties -.for taking .;the -.paper, /out of ■the office, and took tho paper away, and laid, an information against him, as a result of which accused, was 'fined £2 and costs. On another occasion witness saw accused at the gate: adjacent to the surgery, hanging to tho gafco and unable to stand without assistanco. He was.-making unsuccessful efforts to lift the wire off the gate, in ortler to enter.' i Sonle- . one. pd'ssinr-by said:' "What's the matter, ddctor?" Ho replied: "Some people have ' beeh;playing a joke'on mel'They've hidden iriy horse." The man replied: .'-'There's your horse there, doctor." The;animal was about twenty-five or thirty feot away. -Dr. Goo'do replied,.- :'.?Yes, -look at -. there's thouv adndsTof them, and I .don't know which is ' mine;" * ( There. was. onlysj-one horse - in - tho paddock. ' .*; ' . Charles ' Henry '• Saiiipson had seen Dr. 'Goode-fall off his' horsei when drunk. Witness'also testified' to. Accused's delusiohs that people spied on. liim^', 'j' , , Ills Penchant, for Rovolvers. ' Simeon G. Fraser, grocer, Waitara, stated that'during a conversation with witness, occuscd drew a revolver, and fired a',-' shot, into the; garden. .'Witness told him he.lind better "jput a stop to that game," and' at length dia so. .Heur.y M Vatiyhan, clerk, Clifton County Council,' gave corroborative Qvidencc regarding accused's habits, and characteristics'. i ■ Johfi Russell stated that ,on ono occasion qt;;Waitar<a Post Office, when Dr. Goode wa3 not sober, witness said to him: "Good evoifing,- doctor." ,;Accused replied: "You say good";'.evening to . me; if , this was South America, I'd shoot you." Ho put his hand townrd_ his hip-pOeket to draw; tfie revolver, but witness, who previously had been informed by accused that,he carried a revolver, "didn't wait for it.": A Patient's Experience of Accused. - Herman Schultz, 'farmer, called at Dr. Goode's on December 13, to get a mixturefor a:Cold, between 12 and 1 o'clock. Accused was tho'Worse for drink. Accused gave him the mixture, telling him to tako it home and drink 1 it, and that, if it didn't euro him, he ■was, te'return, and' accused would give binr Bomething that would kill him.' ' , Mr. Johnson: What did you do with that medicine? ,

Witness: I didn't drink it. Mr. Johns to no: What would you say was his condition as regards liquor? Witness: Pretty bad. i Cross-examined,: Accused' was jocular; he said he bad four bottles of whisky in him then. j His' Honour: You didn't believe that, of course? Witness: I did;not think the doctor was in a fit stato to dispense medicine. \ Hard Drinking and a Pantomimo. Herbert Taylor, veterinary surgeon, was at Dr. CJoodo's house about 1 o'clock on Sunday, December 13. Accusal wanted witness .to kill a dog for bim. Accused warned him that .people were watching him, and cautioned him to beware of them. He arranged to poison the dbg next day. On Monday, after poisoning the (log, he looked very bad and appeared very excited. Thoj went to the surgery together, and doctor proposed that they should have a drinkj and witness sat down. There : was a whisky bottlo on the table. Accused started walking round the table, and said: " This is no good to us." 'He then got hold of the whisky bottle, waved it round, and'threw it on the sideboard, and said: "Come into the dining-room, and v/o'll have a drink in there." Witness "tried to get out of it" ; but Dr. Goode said: "You'll havo' a drink with me; come on." He caught witness by the collar .of the coat, and shoved him into tho- dining-room.•. Accused locked the door, closed the windows, and poured>'opt two tumblerfuls of whisky.*'; Accused drank his ne£*fc, but witness spilled somo out. Almost at once accused,suggested another drink, and insisted on witness drinking a tumblerful of whisky. , Accuser! drank his. right off, and then started talking again about fox-hunt-ing. He'sat straddled on a chair, as if it werd a horso, and suggested, that, witness /should jump over tho table and run. ,He was whooping and hallooing as one would when hunting. Accused suggested still another drink, but witness refused point/blank. Dr. Goods tried to force him to drink whisky,' and they rolled together on the; floor. , . • • .- ■ / -' Evidcnco of a Mental Export. ■i Robert Martin Beattie, superintendent for the past twelve years .at Auckland Mental Hospital, said he had had thousands of cases of insanity under his care.' On February .8 lie examined Dr. Goode in New Plymouth Gaol. Accuscd. gave kim .the impression that his was a case of chronic alooholism Ho Had tremors in the facial muscles and tremors in the hands. His face was flabby, and showing enlarged blood vessels. His eyes had lost . their lustre,' and the heart had; an impure sound and an accentuated .second sound; Speech was blurred..'.'and, .thickened. His, ifhole intelligence was impaired; He'/seemcd simple and childlike in his replies to.'quas-.. tions, and'.the power of grasping even simple, questions was very small. There was general mental confusion and considerable impairment. of-momory. As the result ''of his examination he concluded that tho man was undoubtedly insane. The trouble Was of somo months', probably some years', duration. In all'cases of alcoholic insanity wherp t-herfc were delusions of persecution, outbursts ,pf t'iolence were to be expected, and, for that reason,' patients so suffering in asylums were put under careful - supervision and regarded as dangerous. On his second examination ho would have considerable hesitation in certifying :to -insanity. This change was due to the hygienic life which'lie had been living, and abstention''from ■alcohol.' '-' «•••' ■' • • ■ To Mr. Weston: He would not say'that there .was an : hereditary taint in-the family from tho mere fact of one of its -members dying ■in a i mental' asylum as.'a result of melancholia:.,':'• >- :: S• •' ' Tho adjournment was- taken at"5:45-'till, •10, o'clocli this 'morning, 'the >• jury ''. being again locked up for tho nighty :