DEATH SENTENCE. CASH FOUND GUILTY OF WIFEMURDER.
STRONG RECOMMENDATION TO MERCY. {US XELEGEAFH — PRESS ASSOCIATION.] AUCKLAND, 27th February. The hearing of the charge of murder preferred against, Alfred Albert Cash, in connection with, the HelensviUe sensation on Christmas Day, was continued at the Auckland Supreme Court to-day. Mr. J. A. Tole, K.C., prosecuted. Mr. M'Veagh, who defended accused, in opening the cane for the defence on Saturday evening, nad indicated that he would adduce evidence to prove a succession of incidents which were calculated to give the prisoner's intellectual powers a violent shock, as well sus to establish the fact that, at the time that the terrible crime was committed, Cash was suffering from a mental disease which rendered him incapable of appreciating the value and quality of the act. PRISONER DEEMED SANE. Dr. R. M. 13eattie, superintendent of the Mental Hospital at Avondale, stated that he had had about seventeen years' experienoe of cases of insanity. He had examined accused with a view to ascertaining his mental condition, and had Epoksn to him about the tragedy. Prisoner detailed the circumstances as related by private witnesses. The prisoner told him that he locked the bed-room door, had' an altercation with, his wife, and she told him that "if he didn't like it he could go." Then he said he didn't know anything more until a crowd of people broke open the door. Afterwards, however, prisoner staled' that he had seized his wife from behind and cut her throat/and then tried to cut his own. Witness thought that hi the time prisoner was sane, and was sane now. To Mr. M'Veagh : The statementthat prisoner had had a vision only confirmed witness' opinion, for he did not believe in visions at all. They were dreams and nothing more. Mr. M'Veagh : Don't you infer sonio mental disorder from tho seeing of visions? — "Wes, if they were persistent; not otherwise. Probably 1 would infer that he had taken a bad supper. I do not believe a man ever has visions, except in cases of epilepsy oi' alcohol." Witness added that, if the man had been insane, he could not have given the clear connected account ho gave to witness. Dr. Murray, recalled by his Honour, said that hs had not observed any sign of epilepsy about the prisoner. ADDRESSES BY COUNSEL. Mr. M'Veagh said ihat the evidence •went to show that the unfortunate man, at the time he committed the deed, was not gifted with the degree oi reason which the law required of a man before lie could be regarded as responsible for his actions. , He put it to the jury that the dreadful crime arose out of the disordered state of prisoner's reason. Prisoner's. hf«> might not ba long in this world, for the medical evidence scarcely enabled the' jury to suppose that tha dreadful malady which, held him in its grasp would ever relax its hold, but, whether he ever recovered from the disease or not,' it would come as some solace to him to know that twelve of his countrymen had held that this terrible act was not that of a reasonable man, but wafc the result of a sudden frenzy in which he did not know what he was doing, and did not rightly understand the nature and quality of his act. Mr. Tole, in his address for the prosecution, said that there was really only one question for the jury, lo consider — whether ,the prisoner wa£ insane at tha time he committed this dreadful act. Even if there had been a letter (such as had been spoken of) disclosing the worsi relations between Wood and Mrs. Cash, it\ would not justify the accused in taking the life of his wife, or of anyone else. No evidence had been submitted which could be a guide as to the state of the prisoner's nund. True, there was evidence that ho suffered from great depression, but he was a sick man, and it was not surprising that he was depressed. Counsel hoped that the time was not far distant when such questions of insanity would bo relegated to commissions of, lawyers and medical men, because there was always some difficulty in regard to such matters, as, of course, medical men were called to give evidence on one side or the other. Mr. Tole pointed out that if there wae a letter such as had been alleged, and containing statements such as had been referred to, the defence had itself established a motive for the crime, and insanity never went hand in hand with a motive. Therefore, tho , chief test applicable to the question of sanity had boen supplied by the witnesses for the defence. Prisoner had said that his existence was no longer of value to him, and he would end it, and shoot tho others also. His reason was revenge, and he had bought a revolver for the purpose of carrying out that revenge. Ho carried a razor into the house, but he did not want a razor for any other purpose, as he had been shaved that morning. He tried to take his own life after he had committed the deed, but not because he was mad. It was bocause he knew that he was responsible for tho crime which he had committed, and which he had contemplated for some months, and that showed the deliberation of his intention. JUDGE'S SUMMING UP. His Honour occupied a few minutes over an hour in summing up. Ho told the jury that their verdict must be one of guilty of murder, or one of not guilty on the ground of insanity. The law deemed everyone to be sane at th-oHime of the commission of an act, and the question here was whether or not the prisoner was insane when he killed his wife. If the jury found / that defence established, they were entitled to acquit on the ground of lunacy. They had to determine whether the degree of mental weakness which, acoording to the evidence of some of the witnesses, and in the opinion of some of the medical men, commenced some time ago with the prisoner, had advanced to such a degree that, on 25th December, there suddenly arose a mental condition which resulted in this act. If so, then prisoner was not responsible for that act, but a- man charged with *>uch a crime had to establish to the satisfaction of the jury that he was incapable of understanding tho nature and quality of hia act, and that he committed it 'in a, paroxysm of homicidal mania, which deprived him of any mental power to appreciate the nature of his act. His Honour trusted that the verdict which the jury gave would bs ono that would satisfy their consciences. In reply to Mr. Tole, his Honour said that if the jury were satisfied that the prisoner wae of sound mind, the crime could bo reduced to manslaughter. VERDICT AND SENTENCE. The jury retired at 6.5, and at 9.50 returned to court with a verdict of guilty, with a strong recommendation to mercy. The recommendation to mercy was given on the ground that the prisoner had received provocation. When called upon to state whether ho had anything to say why sentence of death should not be passed ujjon him, the prisoner made no answer. , His Honour : "Prisoner at the bar, the jury has found you guilty of the
crime of murder with a strong recom- i mendation to mercy. With that recom- I mendation I entirely agree, and I shall j see that it is sent to the proper authorities. In the meantime (assuming the black cap) I order that you be taken to the place of execution, and there bo hanged by the neck until you are dead." Cash turned round in a dazed kind" of way, and, asais-ted by the_ warders, walked slowly down tlie stairs. His sobs could bo heard in the court for some minutes after he had passed out of eight.
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Bibliographic details
Evening Post, Volume LXXXI, Issue 49, 28 February 1911, Page 3
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1,335DEATH SENTENCE. CASH FOUND GUILTY OF WIFEMURDER. Evening Post, Volume LXXXI, Issue 49, 28 February 1911, Page 3
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