UNCONSCIOUSLY GUILTY? WAS ACCUSED MENTALLY RESPONSIBLE?

Evening Post, Volume LXXXII, Issue 64, 13 September 1911, Page 8

UNCONSCIOUSLY GUILTY? WAS ACCUSED MENTALLY RESPONSIBLE?

Edward Rosenberg 'appeared on tt' mand at the Magistrate's Court, befoTe, Mr. W. Cr. Biddell, S.M., to-day,, charged with having, between the tnontha of April and July, 1911, receiv* yd from Cccil 1 Herbert Ellison 175 'bicycle tubes, the property of ihe- Dunlop Btibber Company, well knowing'the same to have been dishonestly obtained. ; DeteGtive*Sergeant M'llveney prosej cuted and Mr. T. M. Wilford appeared for accused. At the outset counsel remarked that his client intended to plead guilty, Evidence as to thefts and to identifi* cation of the goods was given by Ar< that- Wooihouse (storekeeper), Leslie Graham. Jame* B. Briadsen, and M. V. Kill (employees of the t)nnlop Rubber Companuy). Cecil H. Ellison, and. Jcmn W; Curiev/, the two lads whf>-stole< th« tnlves, and Detective Mason. la affect the evidence was that several mofltha a-go accused approached Ellison, ; whi was employ oil by the BunlopCouv pany, and as'iwvt: him if therk was any dmnoe of getting hold of anything at th*! warehouse. Ellison look a. btind'ie. of tubes to Kospnjberg and received fit, of which amount he gave l<te to his mate. Later mi thvee oib«r bundles of kibea were stolen by the j'9<k. an«l given to Jlor-*nbor<x. vthn pnA them £2 10s. In stocktaking, empioyws o^' the Dunlop CompffHT discover*!? a shortage .in the fit«-k of bibes. and ?.üb3e(]ttpftUy Leslie Clralmm. who is Sft ffiiircce ot fh<» Wellington branch of <.hp- company's Ijusiness, saw ii tub*i whi^h hati been sold by &roti3*d $a j» tnaA -n.«r^e« Arthur Woddhoiise. ' The +üb<> was not- stamped -similar to Mhw tubes sold from the sVarehoiise. atid enqturips were made. Accused subsequently caJk>cl «it thpwarellpuse and .idmitted havinj; the tubes in his pos&eesfrm. When &ti«Bted by Detective Vamn accused said 1 that if he had known wh#t was coming ho would haVe blown his brains out, Crose'examina.tion of James E Bridsen, general manager for the tDunlop Company in New Zealand, elicited tlu> fact that the stolen goods were vetttrned to the police station before the warrant to apprehend was issued. EVIDENCE REGARDING ACCUSED. Evidence as to accused's mental condition .was called by Mr. Wilford. Dr. S. J. At ' Lean stated that as the reeult of .in accident some time ago Rosenberg had had thr base of his skull fractured. It was quite possible that a man who had received such an injury wo-uld suffer from aberration of intellect. It was ftl«t> pr*r.ible undei the circumstances that a. man might at ordinary timex be normal, but at othw times would commit acts tmemisrloiiflly. Witness had attended Ttoecnbpi'g ami /onnd that he had peculiar turns attimes. Harold Webb Whit*, law clerk, <1«--fACfibed the accident to Mo9Bflbei I v. i who was a, friend of hie. Since the accident Rosenberg had been peculiar, nnd stilfefed /mm lapsen of memory.! The Hon. C. M. Luke accused an excellent character. H© said that the act for which Bosenber^ was charged contradicted all his (witness's) experience of him. John William Reade, who had been, doltig business with accused for I<?n ycara. also ga-vo evidence us to his peculiarities since the accident. On being formally charged,, witness • pleaded not guilty. Mr." wilford «aid tfe*k£fegt&>3&s£ flOLiiuegtion ojE bis client: