SENTENCED TO DEATH

Dominion, Volume 4, Issue 1063, 28 February 1911, Page 5

SENTENCED TO DEATH

HELENSVILLE MURDER;

A RECOMMENDATION TO MERCY^t - ~ PRISONER'S '■■ '■'■■< ■" '■■- ■■ '■■■ ■ ',-v -: ''^ : v-iv,!X,f;^ . tßy Teleeraph.-Fresa Association,! ■■■■''. '■■ j-j'?;< ■..-' ■";. Auckland, February ,27. v^ _.The hearing , of the charge of murder, ;;"■;< preferred' against Alfred iAlbert Cash, Jβ connection with the Helensville sensation ":; ■'■ on Christmas Day, was continued at' the•:?'' Auckland' Supreme Court ..to-day:';;' llr.'4;::i' J. A. Tole, K.C:, prosecuted. j .-: ; ;■_'..;i 'i'■{% Mr. jrVcagh, who.defended - opening tho, case for. the defence, on Sat- ■■'.- urday evening, ■ had indicated ■ that : ;jje>.'.vr' would adduce evidence to prove, a;. suc-. ; . , cession of incidents which were" calcii- _j:;';- ; lated to give the: prisoner's .-iEtellectaaliWjr" powers a violent shock, as as: to ; .Si establish the fact ! that, at the time' thac«f # the terrible crime was committed, Cash. , ; ; ; ; v was suffering from a mental disease which \ f j", rendered him incapable of the value and quality of the act... :v;v-.>;\ Among the .witnesses called to-day several doctoi-s, whose views on the ject of tlje saaiity, or otherwise, of the;- 5 '.•:-? accused differid somewhat. ':'>'-'■;•':!*%£s?£' Dr. Lindsay expressed.tie opinion'that !!: .-.' : accused was insano when the deedwasiifK committed. His mind : was an absolute?; •i Wank. •.•-,-.,; ; .... ■•;.' •.;■;;■.: . ::.^'- J ---'^C : 'X , % Dr. Murray, on the contrary, heldithe ***:;• opinion that -the prisoner knew iwhaK.Ui- r lie was doin/j.; In cross-examination, the*: : -' ; ? lattor admil.fed that; if the facts ;givea in evidence were correct they tended to."j'*show that ■■• accused was suffering frbnvSt phthisical ■'. .- .-■■• .-., .;. •. v*> r r"V'-(V •:■■ ■;,-.' "Prisoner Was Sane." ' ; ;f\i ■$$$£$:* ~Dr. -R. SI. Beattie, Superintendentthe. M-jntal Hospital at Avdndalei :statedi'%" that je had "had. about experience of cases-of insanity;- He had. Vy: exanrdned accused with' a view;'to asceNii+T tairjng his mental condition, and had ii ; - sprten to him about the tragedyi- ''■ ■." ;i. J risoner detailed the circumstances -'aa ivs .rolated by pri-zate 'witnesses.'■' : The ! T)ris. K uner told him that he-locked room.door, had an altercation 'with his;"?£ : wife, and she.told him thati"ifhe'didn't^^ '-' j^.i'i COTild ' &'"' : - T . h ' ett "' ne Baid:he 'iM • didnt , know, anything more' until "a crowd' ! --- of people .broke open the door.v After-?;f>: ■wards,; however,- prisoner 'stated v 'that had seized .his wife from'behind 'and cut '-.'w her throat, and then tried to';:cut 'his" - r -5 own,; Witness; thousht that • atVthe: timeV-W; prisoner was .sane.; and. was. sane \ now;-» : .Vr; ;-f; • To Mr. Sl'Veaghi'lThe statement'.thatWrprisoner had had a; vision-only confirmed:s< ; - .. witnesses' opinion, for : m.yisions at aIL -They ;were dreams . nothing morei ■.;...■--,■ ' . Mr. ll'Veagh:, Don't' youi mental disorder, from :the seeing- of^visi^fe !t i " - on^ ?— • " s, tlle - v .tw^ere;'persistent; ,! nb't'%-M t otherwise.;. ProbabV:l would _ he .had taken a bad supper. I' do not be- % ?<v ■ lieve a.- except'iri;?;?.' '' C f^ c l eP%> s J qr alcohol.",;.WitnessVSf > added that,; if tf ie man .had been insane;.'-' l ne not;t.iva -'given the clear 7 con-Hti* ; nected; account, Iwhich he ness. ..-..-■ ■■..■ .. ■-■■"■•-j z^.■A"v.-, t - : :-t.-.. I v";^vfv

Dr. ,3lnrraj- 5 recalled by • his "'Honour,' feii said that he, had rot observed - any sirat ; i< of epilepsy .about the , prisoner.^.- ■'*.-*. SM

r .<is Solicitor's Address,

; Mr.. ■.gVtagh; on using A&; addressftheS ; '",--i ]ory, '/aid that ; tho evidence went to'shdwl,-;s tnat the unfortunate man, at the tiinehe i?' ; com jnitted the deed, was not gifted tn<y degree of reasoa ivhich tlie laV-re- v q'jired of a man before' he could be re-'? : f/arded as responsible;for his actions."HeV ' ;J put.it to the jury tha£ the 'dreadful crime y arose out; of the' disordered prisoner's'reason.,' Prisoner's.:life might? s -' 7 not be long in--this,world, for theTmedi-i V cal evidence scarcely ' enabled . the - jury : '. ■t°. suppose that 'the dreadful malady, H i which .held him in' its grasp,: would .ever ■.' '■' relax - its hold, but, whether, he ever Tβ- 'ft jW-verei ; from the disease, or nof.at would ? i : . c6me as some solace to'him to know' tHat ; f 12, ot his countrymen had held thatUhi3;Vv terrible act was not that of a reasonable ;i----».an, butvwas' the result;W^α ,^rodden'-'i-:- , frenzy in : which: he did .not-kriow^what?- » 1 ™ s i «o«»e.-'and did not rightly under-' stand the nature and quality of'his aot;'' f :i

[::.■■ Crown 'Solicitor Jfr. Tole,. in.his address for-the Uprose.? ri cution, said that ■ there was really'only •'''.' ono question, for the/jury 'to considerr- >' "• whether; tho prisoner-was insane at- the s-E; time ■ he committed i.this 'dreadful fact' ~ '?•" there had beea ; a letter;(such-as • spoken. of) dfeclosfng the worst \''U relations between WoodVand. Mrs." Cash, Vv' : it ;womd not-justify the accused in-tak-mg-tho life' of- his • >rife, : ; or. of;anyone **f^v".^°';f"dence had,;been submitted'.-■'l* which could; be-a.guide-as to 'the-' state ''£$ Sf the -prisoner's; mind.•'■■: True, :■ there■-wasSfer evidence that- he • suffered from - great p'ression,-but ■he was ; a' sick man,* and:it i;i'P was not surprising that ho was Counsel;hoped i that' - the' time :was > not '■'j.l far distant when such.-questions "of-jn-V--i- ;l sanity would berelegated to commissions. *?" of lawyers and medical/ men, ; because':& r there was .always some difficulty.inr:re-:-l*i gard;to.Euch'matters.as, of coursef.'.medi-: cal m«hvwere called- to siye j one side or* the other; >Mr.To,le out; that,' ifvthere was;aVletter-.srfchJas.%!!? had been alleged, ■ and - containing inients such as had; been Preferred to,? th'eVvS defence ,had .itself Established a£motive?y?v, for. theVcrime, and insanity never went.' ; ::K hand in hand with aVmotiye.;; Therefore; :,J2 the chief test applicable to" the■ question;'' ?*: of sanity had been supplied by nesses for the defence. , ■feaid^-J ', .that his existence wasino' longer of-;valueS";;, : to him', and he would end , , it, .'and- shoot-' >•£!.[ the others .also: His reason was:revenge,-;?-" and he: had bought _a .revolver; forpurpose. '■. of y. carrying out. that} He carried a razor into the!vhouse;' ■■ but he; did not want a razor • for >anv'other f'.j-ii purpose, as he had been 'that spi morning. He tried to"take his -own';life";\Jj|; after ho had committed .the deed, but. nofeffl.; because he was.mad. .It-was because The;]:;-;;? knew that.'he' was responsible"; for'.. thejfS-j crime:which he had committed, and^which*;.vi; he had contemplated 'for.'sope-'m'onthsrfiji'-and that showed the deliberation *of' his intention. • '■■'.'' .''.. '■:'■ '.'.-.'•■.'.'.;! :],■-'O^ j-,^-u^lpi . ....-■;.•. ,the; Scene at/ ; thciEnd.,r^Vys:''.^ His Horiour occupied a few minutei.-'v* over an liour in summing, up. He told'.' •V; the jury that their verdict must be one,bf^:/i guilty of murder, or ono of not guilty oii r .^> ;the' ground of insanity. The law 'deemed y; » everyone to be sane at 'the; time' of. the--'.;:' commission of an act,, and tho .question:; if here was'whether or not the' prisoner Lwas.'Wj insane when he lulled his wife: -If r theVi^, jury found that defence established,,they;v/' were entitled to acquit on the .ground.of £,;<* lunacy. They had'to determine,^whetherj^i. the: degree of mental ;weakness;-';which'j;,>■!;} according to tho evidence of somo^qfithej'j;;?. Mritncsse3, and in theopinion of some_,of Sv>J tho medical- men, commenced some time,"';'.; ago with the Drisoner, had advanced*."to.:-: y?( such a degree that, on December..2s, thereiA^-; suddenly arose a mental-condition ,whichf;s;v resulted-in this act. 'If $0,-then.:prisoner.t.-vf was not resDonsible for' that.' act,jbut"_'a>->;;j man charged with such a crime"had..to';,--'i establish to the,satisfaction:of ■the.'-jury^iy; that he was: incapable of ,understandinff, jR the nature and quality;ofihisact,?-andj?7« that he committed.it in a paroxysm of-;;:' homicidal mania,- which" deprived l himTof v?* any mental nower to.. anpreciate; ;r ; thej;j;" nature of his" act. His Honour .trusted?-,t that the verdict which" the .juryi;gave, .ai,; would be one that would satisfy fttheir^/> ; y consciences. ■ ";• . " -. -'>;\V»i>'■='•; ■In reply to Mr. Tole, his Honour.said.. ; ; . that, if. the jury-were satisfied th'it. piey^V;' prisoner was of '.sound mind,".the ; .-eruneiV;?. could be reduced to manslaughter?-«'^Kr [fThe jury retired at 6.5,-and at'9.so'rei ■;':•;? turned to Court with h'verdict 6f;ghilty'.V;-i----with a strong, recommendation to ■:.* i. The recommendation to mercy was giren^sS on the ground that tbe' prisoner" hadjre^-L-Vv' ceived provocflticn. . ■'-.'. When calle<l upon- to state>whether.:ho_.«£-$ had anything to say why licntenbe of deiitlt ■K^ should not, be passed..upon him, tlio.pri.-'xJ^J soner made no answer. ,: - •..'.-.' ;•-^-«..;;^.viAi;'ii .His Honour: "Prisoner at the bar, : the/;v ; ?; r ; jury has found.you guilty."of the criin<j. ; :>',3 of lnurdor .with a strong reoorariienJatioiCJ/ yi^ to mercy.• VFithJthat. reooramondatioii' Ttfiji' l entirely agree, and I. shall see.that it is i?,'t; Sent to authorities: i>ln*-tluiivv-;' meantime /"(assuming the jblack vcap):,:l^3jnr order that you'.be tnken to...tho 'placedofKJiv; execution; and there be-.bflngedvbyethej:**;:; neck•■ until you are" dead;". <■:^^;;. r >l^^;sji ' Cash turned round.'in a'dazedikind'bf^yS way, and; assisted by,"the warders, \vralk-^} ; ed slowly down tho -stairs.'.'- t His;'eobsV^ij: could .be heard in the. Court ,for.leomeS ; s;:|"! minutes, after ;he had jjassed.oat;of fiiehtßft-;*