THE FOXTON TRAGEDY.

Dominion, Volume 2, Issue 595, 25 August 1909, Page 4

THE FOXTON TRAGEDY.

iV HEDLEY NYE ACQUITTED. , V BUT SENT TO .PORntTJA ASYLUM. .. (By'Telegraph;—Special Correspondent.) v .:':;.'■'.. • '. Palmerston, August 24. - : .', . The Supreme Court was,orowded. this, morn r iDg Vhe'h Hedley Nyo, the deaf mute/; was "charged with the murder of. his father, : Thos. Nye, at Foxton on, J?ily..s; :■'■' An alternativecount of manslaughter was also included in the charge." Mr. ; ' Wilford for ac- : .cuse'd, and- Mr.''C. A.; Loughnan for the' Crown. ■''■' ■■-.- ] : : •'■■.-.;''.'■..■■ ':■■•■ " v Mr. Wilford said .that before the, 'accused was asked to plead, he would like to contend that ho was unfit'to plead at all;, Ho Wished 'to put three issues to tho jury: (1) Whether the accused was ;mute of malice ..or by the' visitation-of'God; (2) whether ho was able to plead; (3) whothcrhowas sane or hot. Proceeding, 1 Mr. Wilford "cited caseS of a "similar v natu'ro in' England, and asked his Honour if ho wore to bring his" issues before' tho jury before tho case proper: was tried; '- i ■''■His-:',Honour ' (Mr. Justice Cooper; directed that... Mr. . /Wilford .;, should., pro-. cc6d ■; as suggested.. Ho (his Honour) had.': decided that n" Jury 'should first .bo empanclled-to' try the issue that accused was, "inute by the visitation or' God.".'After that point had been decided tho jury -wbuldvbo're- ; siyornj and' would then proceed to : try the next issue,',. There was no procedure .in the Criminal. Codo for dealing with.'a.' prisoner forindi muto;b'y; tho visitationof Godi V- .''; -'■' The; following jury was then' empanelled trMessrs.'A. Clark (foreman), V. Penman, C. ; M'Grath, A. Anderson, W, C. Fenton, W." A.' Renall, C. : ';Jeffries, H. 'H. Cartwright, E. Holb'rook; o.'Moller,N:'.D. Clinton, and >..' 'Jr','Capp'.''.;':^;'.-•■"'•'' ".,':''." -"'■:■'■■■..:'.■.:■''■'■

> "Muto by tho Visitation of Cod." Mr. Wilford then proceeded to call Archibald Reginald Osborno, undo of Hcdlej Nye, who deposed that ho had known accused all bis life, and had nover known him as anything but a deaf mute. _, To His Honour Ho could speak well when ' ho left the school for mutes, but, since then, ho had gono back. Joseph Hdwaid Stevons, director of the School for the Deaf at Sumner, stated that on February 0, 1897, accused was received into tho school. Witness savv him last night, and found that ho had deteriorated since ho; left the school. His Honour Have you tned to communicate with him? Does ho understand tho nature of theso procecdmgs 9 > In reply, witness said that ho was convinced that accused had no'idea of the nature of tho proceedings He could understand annplo questions, but questions of a complex, uatmo were quite unintelligible to him. Dr. Arthur Crosby, superintendent of tho Mount View Mental Hospital, deposed as to havjng ■examined accused, and found him' to be a deaf mute \ His Honoui, in directing the jury, said that, as a matter of law, they would have to find that accused stood muto by the visitation of God. It was quite clear on tho ondenco of Mr _ Stevens, an expert qualified to communicate with deaf mutes, that tho unfortunate man was unablo to communicate with him, and it was quite impossible to give the necessary instruction for tho defence Ho stood mute bj tho visitation of God, a calamity fallen upon him through circumstances for whicii ho was not responsible Without retiring, tho jury returned a verdict: "That accused stood muto by the visitation of God." Tho next proceeding was to find that accused was a lunatic, so that he was unablo to' plead to tho .indictment < Hallucinations. ,Mr Wilford then proceeded to open tho caso on tho second issue. Tho question which tho jury had to dcciflo was whether or notVacctised of going 'on his t'naT." Counsol wbnlu bring ovidenco to show' that unquestionably, and without tho slightest possible doubt, accused was absolutely Urtablc to plead Evidence would show that ho 'vas suffering from delusions, and it 'was impossible to get rid of them Accused had a delusion in regard to babies, which Mr. Wilford explained to tho Court. While counsol was with him last night, accused counted eighteen babies in different parti of the room. Then ho had a delusion that his fathor was still alive, and was in the houso. iHo declared thai he had seen him since he was shot. Again, ho h.id the delusion of grandeur. Ho said also that he could see in tho dark—a common delusion of lunatics. Counsel then read a numbor of answers to qucsnons which ho had put to accused, which were wild and unintelligible Dr . Crosby, 1 ecalled t said that ho had visited ,accused in his cell last Thursday i Insanity was much more common among deaf , mutes than among tho general population. ' Accusod had tho definite delusion regarding | babies (already explained to tho Court) When witness examined him the delusion was well defined. Witness asked questions, and, to ono of them, receivtd the reply • ' I was shoot my father on purposely because ho w.is killing the babies " At times during tho interview accused was more liko a caged animal, and appeared to havo great difficulty m concentrating his attention on anything. Witness thought that he was going to mako ait assault on him, as ho w is glaring upon him in a wild manner His fingor-nails wero bitten right down, and ho'was restless in tho extreme , Mr. Wilford: It is.your opinion that ho is a lunatic, and limbic to plod*—"Yea " Do vou think it possible for him to understand the evidenco given against t him m theso court proceedings '—"No." Di. Gilmer, of Wcll.ngton, was tho next witness and corroborated tho statements made by Di. Ciosbj. The boy i behaved like a wild animal Ho had deteriorated veiy much during the time ho had been uudoi witness's observation, and his answers to questions proved hni to be an imbecile Dr Martin, of Palmeiston, said that ho had been an a mental asjlum foi tbrco months La'sfc. evening ho had bton two hours with accused, and found that the delusions montioned by other w ltnesses wero quite fked. He 'said that ho could see in tho dark, and spoko about the bakes. He was also dcgenciatiug phvsically. A Rotation,of the King's. Joseph. Edward Stevens, master of tho Sumner School for Deaf Mutes, again gave evidence as-to having accused under hiu chargo till 1904. Witness lead a letter written by accused just aftci he loft tlio institution It was quite rational, and spoke of the affaiis of the time ill a porfectlj intelligible mannei.' Witness proceeded to state that last evening ho bad endeavoured to hold a conversation vith accused, but found it absolutely impossible to discuss any qilestion with him rationally. Cecil Di\, solicitor for the accused's mother, gavo conoborativo evidence _Ho also stated accused had .111 idea that ho "was related to King Edward VII, and that, when the King died, he would be King This was given as ono of the loasons why he had killed his fathor. This concluded tho evidence. His Honoui, 111 charging tho jury, said that the issue which they had "to try was not concerning tho state of mind of accused at the timo of tho death of his father, but at tho present timo. Tho law was based on humane considerations, and ono of those conoiderations was that no jiorson should be put on his trial for any onoiico unless ho was capable of pleading to tho indictment, anil Unless ho was capable of understanding tho proceedings Of course, thero wero cases whore deaf mute's might bo competent follow proceedings and instruct counsel, "but here," continued his Honour, "I think you will have no difficulty in coming to a dev cision. Whatever his condition was 111 1904 when he left Sumner, it has undoubtedly deteriorated to a very great: extent, and ■ certainly ovplains his acts in the dock to-day. You are not askpH to say whether he was insane on the day he killed his father, but whether ho' is in such a condition of mind novy as to: understand the naturo of. the proceedings. Tho evidence seems to me veiy clear, and to proceed with tho trial would bo quite contrary to the law." Without leaving the box tho jury brought in a verdict that accused was a lunatic, so that ho wai unable to plead. His Honour then committed 'him. to the. P<nu«ia Aavlum,