GUILTY OF MANSLAUGHTER.

Feilding Star, Volume XVII, Issue 4218, 15 February 1921, Page 2

GUILTY OF MANSLAUGHTER.

THE SPEAR POINT CASE. iPer peuas Association..) Auckland, Fob. 14. A case of alleged matricide at Henderson came before Air Justice Stringer uud a jury at the criminal sessions at the Supreme Court this morning, -when Frederick Spcarpoint, a young man, aged 23 years, was tried on a charge ot having about November 3, at Avoudale, murdered Nora Bjuuclic Spcarpoint, by striking her with au axe. -Mr Meredith. Crown Prosecutor, conducted the case for the Crown, and Mr Prendergast appeared for accused. In reply to the charge, Spcarpoint pleaded not guilty. On the application, of his counsel, who stated that accused suffered from hip disease, Spcarpoint was allowed to bo s«atcd: -Mr .Meredith said the accused, who was a natural son. was charged with the murder of his mother. The facts of the case were practically not disputed, so that the question ot whether or not Spcarpoint killed his mother would cause the jury no difficulty. His statements to a blacksmith at ■,Henderson practically settled the question beyond doubt. After his arrest, accused, in reply to Constable MeGhone, said he never had a father, and that bis mother had said she wished she had killed liini when he was a child. There was no support for that assertion beyond the statement made to the police after the occurrence. ' During the Crown Prosecutor's address to tho 1 jury, the . accused, occasionally wept, but became composed later, and listened to the evidence. James Spcarpoint, labourer, said he was accused's stepfather. Cross-examined by Mr Prendergast, witness declared that he had never iieard his wife nag the accused. Counsel: Was she a little bit inclined to nag?—Not to my knowledge.

Dr. Fullerton stated that the last witness said to him that he supposed the boy had lost his temper, and the mother had probably been nagging aim, as she was given to uaggiug, and the boy was of a violent temper. Dr. '.Murray described the head and body injuries, the result of which, he said, had caused death six days afterwards.

Cross-examined, witness said he had attended accused iu prison and had found he was suffering from extensive tubercular disease. There were several operation scars. Accused's condition would cause irritability. Counsil: Would you describe the accused as being of very strong mentality He seems a little below tho average, general condition. Re-examined, witness said - Spearpoint was not^ particularly bright. In reply to Ins Honour, witness said that provocation which a normal person might think slight might be relented more readily by a person like accused.

Mr t'rendergast sajd; them was no dispute that thjo deceased died in consequence- of a blow delivered by the a,CVUi«Sit. The question was whether, on the evidence, accused did not receive such provocation as to excuse the blow he struck. Counsel contended that as tho result of angry words between the accused and his mother, the f..iuii.r lost his temper and also complete control of himself. He struck her with an axe. hut hail he had a piece of wood in his hand he would have struck her with the wood, and if he had had nothing in his hands he would have struck her with his list.

The accused, Frederick Sponrpoint, was then called to the witness box. His evidence occupied half sui hour, during which lie gave, a very clear account of the. incidents lending up to tho altprcaiiou with his mother. Accused, who had given his evidence with a far-away look in his eyes, as if picturing the scene, broke down when uttering the words: "Then 1 raised my hand and struck her."' Speatpoiut then buried his head in his hands, and his counsel snfc down. In summing up. his Honour said he thought it was a reasonable inference for the jury to draw that the accused indicted the blow in passion and upon provocation, and if they so found tli'ey would return a verdict of guilty of manslaughter. The jury, after 18 minutes' deliberation, found Sjiearpofnt guilty of manslaughter, adding a strong recommendation for mercv. The sentence will h« passed on Saturday.