UNFIT TO PLEAD

Evening Star, Issue 22709, 24 July 1937, Page 13

UNFIT TO PLEAD

THE EPSOM TRAGEDY DENOUEMENT COMMITTED TO MENTAL HOSPITAL [Per United Press Association.] AUCKLAND, July 23. Medical evidence only was called in tho Supreme Court this morning when William Gage-Brown, aged 70, was placed iu the dock charged with the murder of his wile, Mary Elizabeth Gage-Brown, at her home in Epsom, on April 5. Evidence had been given in the Magistrate’s Court when the accused was committed for trial that tho accused had attacked his wife in the bedroom of her home and with a 41b weight had inflicted injuries to her head from which she died the following day. When the accused was placed in the dock Air A. H. Johnstone, K.C., for the accused, applied under the provisions of section 32 of the Mental Defectives Act for a jury to bo empanelled to try as to whether the accused was fit to plead. His Honour : The circumstances of the case as set out in the depositions imply that that is a very necessary course. Mr Hubble ( for the Crown) : I agree. Dr Henry Meredith Buchanan, medical superintendent at the Auckland Mental Hospital, said tho accused was at present an inmate of the institution. Witness had had him under observation since April last and Ins mental condition to-day was such that he could not plead or understand the proceedings. He would bo utterly incapable of assisting Iris counsel. Dr Joseph Mackay, senior assistant medical offer at the mental hospital, agreed with the evidence given by Dr Buchanan. Mr Johnstone said that by a humane provision of the law, no one could be placed upon his trial unless he fully understood what lie was being tried for. The evidence of the doctors was that the accused’s mental condition was such that he could not understand. His Honour said that the jury had to decide whether the accused was insane so that he could not plead to the indictment.

Without leaving the box the jury found that the accused was not fit to plead. His Honour then ordered the accused to bo placed in the custody of the Auckland Mental Hospital until tho pleasure of tho Minister of Justice is known.