THE FOXTON TRAGEDY.

Dominion, Volume 2, Issue 594, 24 August 1909, Page 6

THE FOXTON TRAGEDY.

j\V i;CASE COMES.;ON!FOR!TRIAL-.

(flyj Correspondent.)

, ;'■'■ .•';';'.-',•.. August 23/ : '.The Supreme! Court opened",'in Paltnerston mis morning; before bis Honour Mr. Justice ■ Cooper. The following , members .of the Grand Jury, were empanelled:—Messrs! J. M.. Johnston 7 (foreman;, - J;':-'!. 1 Mahsoii,' G. A; Tattle, E. L. Broad,' J.-M'Gill,' J. M., Barr.-F.-J. Tasker, C/E.'Dahl, P. C. Carter, :F. S6Uitt','. W. M.vStubb'sy'J;. Aitdiisbn, .P.. Aisher,Jas.< Mowlem'; J. Batsillfd,, T. T. Kerslake, A. Turner, "W.- Kirk, T! B'astin, H. R.'. Waldegr'ave,-'W. ' H.: Scott, '■--Jas: Stubbs,/arid'C. S., Eiimble.' -..!'.'";■' • ' HiiJ. Horioiir,, in /presenting: bi. -charge'. ,to : the.Granoj Jury,-said ,tnat" % jvith 'tkeVexc'cp:,-tibAjjof-brie;;. case^-a-yery.; serious; one—hthe' cnmn^:-'caldnd'er':' : sinall. There; were..five,charges against' five differ- [ ent persons.',- The charge of murder: was an. exceptional,one, .but jthe pther, charges! were' of. the ordinary class.of fcascs that, came -be; forei/tiie -Court,' arid, knowing! the extensive nature,'of the district, his: Honour thought that, he!could 'fairly congratulate Palmers-' ton upon the ■ small number of cases which .were brought' forward. 'The! charge!againstHedley/'Nye.! however,'was a most serious' one.; In referring to .the case]■;his.Honour, said that all the circumstances '• would justifythe ;jury in returning a true bill.,:' No .doubt one of: the points in •-.the ■' defence, would be insanity, but, the Grand Juryhad nothing to do with !thatat all. The defence of insanity, as an excuse for crime, was admissible if. :certain legal' requisites were-'es-tablished, but the law regarded every man as. sane until he was proved, insane, and the I onus ofproof lay with the, defence... "No' doubt, continued' his' Honour,: "you will feel the seriousness of the position in which; you ore placed, and,. naturally; the question must nonse' in every juryman's mind: Was the prisoner insane?. But that is not a question for your consideration at all. The Gpmmoh",Jury have -to whether ,the act-was one of impulsive homicide"or in-: sanity, or whether it was the act- of an afflicted youth who did. not know the difference between right and wrong - .".' ■',' , True bills were fouiid. against Robert-Hen-derson, breaking and entering and theft; George Edwards, alias Lloyd Evans, forg-' cry"; Hedley, ;Nye; murder; .Ernest J. O'Neill, false pretences. In/the case of Robert.Henderson, charged with entering.'Mellsop,' Elliott, and Co.'s premises and stealing therefrom a quantity, of .leather and 1 bootmaker's . requisites,! a verdict of »not guilty was ■returned.' George Edwards was sentenced to .six months!,- imprisonment for 'uttering a forged railway pass. , .!, ;: ~.-.-. v