STRONVAR MURDER

Dominion, Volume 13, Issue 38, 8 November 1919, Page 9

STRONVAR MURDER

TRIAL OF RESIDE

PLEA OF INSANITY SUCCEEDS

James Reside, a returned soldier, was placed in the dock in the Supremo Court yesterday to stand his trial on the charge of murdering Christopher Carr at Strouyar, Wairarapa,'on September. C. His Honour Mr. Justice Chapman was on tho Bench.

Mr. P. S. K. Macassey,- of the Crown Law Office, appeared for the Crown; Mr. T. 11 Wilford and Mr. D. C. l'ragnell appeared for the accused. Mr. E. T. Benge was foreman of the jury. Mr. Macassey, in detailing t'l'.e facts, Raid that accused was a returned soldier and arrived in New Zealand about a week before the murder was committed. The accused arrived in Wellington on Friday and was met by his father, and they left for Masterton' on Saturday. On Sunday they started by motor-car from Jfasterton for Stroimir. A man mimed Knowles was in tho front of the car with the driver and witness and accused wero in the back. Without any provocation whatever accused struck Knowles a violent blow and got out of tho car and refused to return to the ear. They <lrovo on for a mile or so and the father got cut and eventually returned to Jfasterton. Ho went to. his homestead on Monday and the accused came in later. Tho murdered man Carr had been working on tho property for 6ome time, and on the evening in question the father went to bed leaving Carr and accused playing cards. The two men went to bed. About 11 p.m. tho father was aroused by a sound of a gun; he got up and went into the boys' room where ho found, tho accused with a gun in his hand. Carr had a gunshot wound in bis head. The father tried to tako tho gun from, tho accused, but lie refused to give it up, saying that he' wanted to get two other men. Tho father and the accused then walked to a whare occupied by another son, Alex. Reside, and later all three relumed to the homestead. Tho father sent Alex. Beside to a neighbour's house to ring up for the polico and a, doctor, 't'he accused •left the homestead about 5 a.m.,.and ■when next seen he had his throat cut. The defence would be that the accused was of unsound mind when he committed tho murder, and it was for tho other side to prove that.

Commission of the Crime, Alexander Reside, tho father of the accused, said lie owned a farm at Stronvar, ajid Christopher Carr. the victim, was employed on his property. Ho had been employed off and on for about two years. His sou James came back just about a week before the murder. He camo back on Friday and went up to Masterton on' Saturday. On Sunday they went by motor-car. A man named Knowles was in front and witness and accused were in tho back seat, and suddenly without any provocation accused Btruck Knowles a violent, blow. Accused eaid that Knowles had a bomb to blew him up. Tho accused got out of the car and refused to return.to it. The car -went on for a, mile and witness got out and said he would wait for his son. but he could see nothing of him, and he managed to telephone, for a motorcar and returned to Mastcrton. Witness •went out the next day to Stronvar and his son walked out. There was no liquor in the house, not a drop. His Honour: Was your son queer before he went to the front?

Witness: Yes, your Honour.. He went tho same way as his mother.

Mr. Wilford: The mother was in a mental hospital, nud that will be proved. That evening his son played crib with Carr. They had played cards every night. There had been no disagreement between Carr and the accused. At it p.m. witness made tea and they all had tea. Carr and the accused went away to bed; tliey slept in the same room. He was aroused about 11 p.m. by tho report of a gun: he got up and" went into the accused's-room, and saw him with tho gun in !his hand. Wituess wanted to tako the gnu from h.'cn, but Accused, who put another cartridge into the breach, said: "No. There tire two other out there T want to get," nnd went out, going towards the woolshed. Accused come back into the house and witness said he would ring up for the doctor,'and that ho would go for his son Aliek, who lived in a whare f.bout three miles away by the track. Accused wanted to gp with him, and witness suggested that the accused should p> by himself while witness rung up for the doctor. Accused said: "Xo. You come with me, or I might shoot Aliek." Ca.rr was shot in the head. He was tying on his right sido with his face to the wall. Carr was v not dead when witness saw him, but he did not speak. Continuing, witness said that he tried to persuade tho accused to leave the gun behind while they wont to - the whare, but he declined, wiving: "No. I may see some of the — in the gully." "The two of them got to the whare, and witness roused his son Aliek and told him that Jnmcis had shot Carr, and asked him to come along and ring up (•he doctor and police. Witness rode back to the homestead nnd his two sons walked over. Witness sent his son Aliek to a neighbour's to ring up Masterton. While Aliek was away, James wanted to' po away, and witness tried to persuade him to remain, but ho would not, and left the homestead about 5 o'clock in the morning. He knew that Alici had gone to ring up for tho police and doctor, lie went away, taking the gun with him. He said during the night that they would not take, him slive, that he would shoot himself. Some rime later witness, with the doctor, went to Alick's whore, and found the accused, who had cut his throat. He seemed just alive. Accused cut hia throat with a razor which had been in the homestead. The. police Jater tcok charge of the accused. Hi 3 -son had sonni drink from the lime ho reached Wellington until he left Masterton. He had no liquor of buv kind at Stronvar.

Cross-examined: lie fixed tlie time of the shooting at 11 p.m.; that was fixed on hig mind. When witness went into the room (ho accused was fully dressed, l)ut Cnrr was in Bed. Carr' and tha neruiscd went into their Toom perfectly friendly. The accused appeared not to nave got into lx?d, and the candle was still burning l . TJ;o wound <m Chit's head showed that the gun was very close—the shot hiul not lime to scatter. After the accusod-shot Carr, and witness got into the room, the accused 1 reloaded the trim nnd went out to shoot the "others." The accused had tho fixed idea that Canwas in league with another man to blow Up witness mid accused with n bomb. The toy's mother was menially affected. She had an idea that she was boinir persecuted by Masons, and she was in a menial hospital for <i1;oul; six week--. Witness tool; her home, and always had n companion to look after her. ' There was insanity in bin (accu-cd'.-.) mother's aunt, but beyond that witness could not f-o. Tho accused was in. (he .jO!h Keinl'oiccpient on the Tahiti when Hiov were oftacked by influenza. The accused cauTht the epidemic, and was for two week.;' in hospital on board, and three weeks in hospital after rcachini* England. Jle was then given leave and went lo slav with Jus aunt (witness's sL-tcr) just out of Glasgow.

The Trat of the evidence for the Crown wa.s the Faroe as that given at the inquest and in the Magistrate's Court Masterton.

The Case for the Defence. Mr. Wilford. in opening the case for (ho defence, said that the defence was ba-ed on section 43 of the Crimes Act, under which the prisoner was freed n f responsibility for his act. There was no contest tafcireen t!i« GYoirji and irinwlf as lo whether the accused shot Cirr. Section H provided that, a person under specific delusions, but. othenv'sesane, was not responsible for his actions ; f ),p believed in i'.l'o existence of a 'tale of things which, it' they had exi-ded. would have justified or excused jij s net. lie was going to place before the jury the evidence of four doctors who voiul pr:>vo tih;i|. the toootssed suffers from paranoia: that ! s, from specific delusions. These doc tore -Drs. I'vft'e. Goiv, I'mis, mid Litehlieldhavn talked with the accused in gaol, and discussed matters with him freely, and had come to _the same conclusions. The doctors interviewed Hie accused separately, and counsel, therefore, with the utmost confinenco believed that the inry would base their verdict on tiie conclusions arrived at by the. medical men. Paranoia was very peculiar. A man iraffering from paranoia may appear quite

sane, and may go off at any time if his delusion was touched. The Medical Evidence. Dr. W. Kington Eyffo said ho had examined the accused thrco times at the Terrace Gaol. Tho man did not seem to veuliso his position. Ho stated that he lind been a heavy drinker at times. Ho said when he went Homo lie found that his relatives knew that he had venereal disease, and lie was sure that this information was given by the Freemasons of Masterton, who were pcrsceutinir him. He told witness of the drive. tii Masterton, and said he had attacked an unknown man, and if ho had not none so the man would have murdered him. A man like him would have a tendenev to set worse. Ho did not realise that he had committed murder. Ho mei'i'lv laughed when he was told that it was a serious matter.

Some Specific Questions. for the Crown. Mr. Macasscy asked the doctor the questions following, and the answers thereto are given:— (11 Did the accused, in your opinion, when he shot Carr, possess the power of forSnimr his own rational judgment substantial]'.' unbiaswi' by menial disease as to the true nature and quality, including the moral and legal nature and quality of the act?—" No."

(2i Was liis inability lo form such a judgment due to menta! disease?—-"Yes."

(3) Was his act an act of his own independent volition in a true sense, or was it an act dictated or dominated by some, influence arising from actual mental disease, which influence he was unable bv his will to control?—" His act was due to mental disease."

(■I) Using the terms as you would uso them, or as they are popularly used, and treating the question as a question of fact, do you consider that a man who is to that extent wanting in control is responsible for his act?—" Absolutely irresponsible."

("]) Can you affirm that a man in having the condition of the brain as the organ of the mind, such us you find here, is from any point of view responsible for his act?—" Certainly not."

Ernest James Eastwood, motor importer, Masterton, said he was the driver of' the car in which the Resides were driven from Maistertoii when the accused attacked Knowles, and corroborated the evidence given by Alexander. Keside, the father of the accused.

Dr. W. B. Gow, who lias had twentysis venrs' experience of mental hospital's, said he had seen the accused, Mid had talked with him. Witness disensesd the motor drive and the shooting of Cnrr. The aroused told witness that ho had been persecuted by the Masons of Masterton liefore he went to the front. When lie went to Glafgnw ho said his cousins tackled him about having suffered from a certain disease, and tlie accused was under the impression that the Mnslerton Masons had given his cousins the information. Accused said he had started drinking, and he sot it into his heart that the Masons had engaged a man to take his life, and. he thought the man in the car was engaged to kill him. The accused did not deny that ho shot Cnrr. He said there were two other men outside, and Carr and these men had arrange*' to kill him. The doctor was of opinion that the accused was suffering from delusional insanity, and that he was not responsible for his action when he committed the crime. He agreed with Dr. Fyffc's answers to the special question.? put by Mr. Macassey.

.Dr. K. Prins said he had knowledge of mental diseases, tie wa.s at present: attending at Porirua. Witness interviewed the accused with Dr. Ha-ssell on October 22. for aliput one hour. The man was v«rr reticent. The doctor gave details of the man's delusions with respect to the Freemasons at Masterton, as given by the other medical men. The delusions of the accused were quite characteristic of a man suffering; from paranoia. The doctor agreed with the answers given by Drs. liyffe and Gow to the specific questions put by the Crown Prosecutor.

•Dr. E. M. Litchfield said that ho interviewed the accused as recently as that morning. Dr. Litchfield-also detailed the accused's delusions as regards the Masterton Freemasons. Tho doctor would diagnose the accused to be suffering from paranoia. The witness fully agreed with the answers ■given by the other doctors to the questions specially put by the Crown Prosecutor.

Evidence of Other Witnesses. D. H. Knowles. of Masterton. said he remembered the ride in Eastwood's motorcar with the Resides. After they hud gone 10 or 12 miles the car was pulled up us they wanted a smoke. When U>"resumed and had gone about two milethe accused, without saying a word, stood in) in the car and punched the witness. There was no provocation whatever, in fact not a, word had been spoken.

Horace X T . Joyce, plumber, Maslerton said he knew the accused very well, and sailed with him in the Tahiti with the Fortieth Reinforcements. The accused suffered.from influenza. He was always complaining of headaches. He had inflnniiza for two davs and recovered, and did some orderly duly. He caught influenza a second time, am! was very bad. Witness said he saw' tho accused in Glasgow, where the accused wn.« knocking about in civilian clothes. When witness saw the licensed he a-sked him if he could pet him a feed: the accused said he. would, and walked the witness round the town for hours.

Alexander M'Xab. tailor. Masterton, who also sailed with Reside in th» Tahiti, detailed his experiences of the accused on the ves-M. and his peculiar mental attitude. Witness hud a letter of introduction to Reside's aunt in G!n«gow, and saw the. accused there. The aunt and his cousins thought Reside very peculiar, lie went to the house, oneneil the door, and sat down, and that was how he introduced himself to his aunt and cousins. They were going to get the police to turn him out. Wituess on his return to New Zealand warned the father nnd brother of the accused to look after hfii'. for there was something wrong with him.

Case Put to the Jury. Mr. Wilford then addressed the Jury and pointed to the importance of the medical evidence, and naked if the accused was so much to bleu;?. Was iio not more Wl>e pitied, as his mental capacity was below the normal? If the accused had escaped from tho Mental Hospital at Porirua and committed the murder we would have accepted it as the act of an insane man. The regret, was that kV mental trouble, was not discovered earlier, and action taken to place him in a mental hospital. One man, the last witnc;-:" liobd that the accused had changed, and took the trouble to tell his relations to lock after him.

His Honour, in summing up, referred to the defence of insanity, and said that he would put to i.liem two question*, a* required by the Act when a defence "' insanity was set up. The questions were:

t\) Was the accused, James Beside, insane at the time lie conimited the offence with which he v.a= chained?

Do you acquit him on the ground of insanity?

Thorn was no dispute as lo the facts in the we. The accused admitted that he had killed Parr, and at 110 time m:"'' any secret, of it, and were it not for the question of insanity raised he would simply say In them that a prima facie rase of murder had been established. But they were free, of that, for they had the distinct defence of insanity set up His Honour then dealt with the evidence and the specific questions put to the medical men and their definite answers, and expounded the law bearing on jnsanih' in eases like the present.

Verdict of Acouittal. "Without retiring lb" jury answered the two questions submitted lo them in the affirmative, that is they found him not j-iiillv 011 Hie grounds of in«anily. " JTji Ifonoin- ordered that the prisoner be lc-pt in em'tody in Ihe public pri-011 in Wi'lliii;r'i ''til ,!l " plea-aire of Ihe Minister of Justice was known.