BUTLER SENTENCED TO DEATH

Dominion, Volume 10, Issue 3088, 19 May 1917, Page 8

BUTLER SENTENCED TO DEATH

END OF THE OXFORD MURDER TRIAL

RECOMMENDED TO MERCY

QUESTION OF MENTAL RESTRAINT By Telegraph.—Press Association. Christchurch, May 18. The trial of Charles Butler lor the murder of Henrietta Louisa Foster at Oxford on April 8 was concluded to-day after lasting three days, the accused being found guilty, with a. strong recommendation to mercy owing to his low mentality. The defence did not dispute the fact that accused had caused tho death of tho girl, but contended that this' act was that of an irresponsible being. Accused had been an inmate of a mental hospital for thirteen months some years ago, and his mother's sister had also been in the asylum. Ho had special delusions on sexual matters, and would not believe half a dozen doctors that he had no venereal disease.

The defence led evidence to establish tho fact that accused suffered from epileptic mania, and that he committed the crimo in a. paroxysm of epilepsy, and knew nothing of His action till afterwards.

The evidence adduced for the Crown was to tho effect that tho accused understood tho nature of the act and tho quality of the act. Tho Crown Prosecutor, referring to the law upon tho question of insanity as an excuse for crime, said that legally there had to be a disease of the mind to such extent as to render tho personal incapable of understanding the nature or quality of tho act, and of knowing that such act tt-as wrong. He contended that the accused's mind was not such as to bring nun within the scope of tho legal definition. : ' The Judge- Sums Up. In summing up, traversing the medical evidence, Mr. Justice'Denniston said tliat ho could not accept one statement: that at 'the time' accused was doing the deed he did not know ho was doing it. Tho man must have known that he was cutting a. woman's throat in order to know how. to uso the razor, and in that sense, therefore, tho statement was nonsense. In conclusion, Mr. Justice.' Deouiston said to tlie jury: The facts aro clear. It is a homicide, and it will bo a murder unless accused has satisfied you that ho was insane at the time he committed tho act, and did not know its nature or quality, and did not know the act was wrong. That is the standard, however harsh and severe, which we have to adopt." i The Death Sentence. In passing sentence of death, Mr. Justice Denniston said: ¥ou have been convicted after a trial in which every consideration has been given to you. With tho verdict of tho jury, I think it right, looking at tho nature of tho case, and its responsibilities upon the jury, to express my entire concurrence. I do not think it was possible under the circumstances for any other decision than that which the jury have corao to, with a strong recommendation to mercy owing to your low mentality. That recommendation will bft forwarded to tho proper authorities."