SUPREME COURT TRIALS

Greymouth Evening Star, 31 October 1933, Page 5

SUPREME COURT TRIALS

MURDERED AUCKLAND WOMAN

LOST TEMPER ALLEGED

[PER PRESS ASSOCIATION.]

AUCKLAND, October 30

Charged with the murder of Mrs Christian Cunningham at her home in Grey Lynn, on August 16, John Hubert Edwards, 41, labourer, was placed on trial to-day, before Mr Justice Herdman.

The Crown Prosecutor (Mr Meredith) continuing his opening address described the return to the house of the deceased’s daughter, Joyce Cunningham, who found her mother and the accused lying on the floor injured. Assistance was obtained. Both were sent to the hospital, where Mrs Cunningham died, and the accused later recovered. Mr Meredith 'said that there were no signs of a struggle. When Mrs Cunningham was attacked, she must have been first struck on the head by some blunt and round instrument. In Edwards’ hand there was a tightly-grasped razor. No doubt it was. the. razor, with, which Mrs Cun-.. ningham’s throat had been severed. It was quite clear that the unfortunate woman had been struck several severe blows on the head by a round blunt, instrument, but. a search of the room and the neighbourhood had failed to discover the instrument. On a. writing pad, found on the gas meter in the hall, there was a message in the handwriting of Edwards. The message read: “Lovers, we die together. The death pakt.”- The note was signed “Jack Edwards” and “Mrs Cunningham,” but the signatures were both written by Edwards. No doubt, said counsel, the defence would raise the question of insanity, but the law upon this question was that every person who committed a crime was deemed to be sane until the contrary had been proved, and this was for the defence to prove. Edwards was apparently a man of fairly violent temper, and it was quite clear that on the morning of the tragedy, Mrs Cunningham had given him a good dressing down. “The only suggestion there can be is that he lost his temper—lost control of himself —and committed murder,” said Mr Meredith. Evidence on the lines of counsel’s opening address was given. The hearing was adjourned.

STATEMENTS IN HOSPITAL.

AUCKLAND, October 31. The trial of John Hubert Edwards was continued to-day. Evidence was given by Constable C. Williams, who was on duty at the bedside while accused was in the hospital, concerning statements made by accused at various times. Edwards had said: “I was no coward, f killed the woman I loved. I had a nervous breakdown about seven years ago. It is a terrible thing when a man is in a state like that. He does not know what he does. When I went down to the house that'morning, something led me there. When I did it, something seemed to snap. When a man is insane, he does not know what he is doing. No, I’ll plead not guilty to his Worship.” Cross-examined, after recounting these and other remarks, witness said he did not think anybody else heard any of the statements which were made prior to Edwards undergoing an operation.

Constable Howe gave evidence concerning other statements. Edwards spoke several times of nervous breakdown, and said he had no sleep for ten weeks. His conscience was clear, as he remembered nothing about it. 'Another constable said accused told him that he would be better dead. On August 26 he said: “I am as sane now as I have ever been in my life.” He also said that his curse would be on all who were jeering at him. Another time he said: “I forgive everyone. When a man has a breakdown,, he does things he would not otherwise do,” adding that something went in his head. A detective said that no trace had been found of the instrument used to inflict the injuries on Mrs. Cunning-) ham’s head. Opening the case for the defence, Mi’ Hall Sketlon said he did not doubt that the Crown had proved Edwards responsible for the killing. The question for the jury was whether at the time the accused was insane. Vital facts to be considered were the absence, of motive, no concealment of the crime, and no attempt to escape. Numerous witnesses would be called to show the type of man accused was before the offence. There would be evidence that he once had the fantastic idea he was the New Messiah, and that because of his queerness many people thought him a shell-shock case. Evidence is being called on these lines.

ASSAULT ON WIFE

AUCKLAND, October 30

The defence of insanity was set up at the trial, to-day, of John Shaw Gordon, aged 68, retired bricklayer, on a charge that, with intent to do grievous bodily harm, ho did actual bodily harm to his wife. Nellie.

After a. retirement of 25 minutes, the jury returned a verdict of guilty on the second count, charge of assault.so as to cause actual bodily harm, and guilty pf attempted suicide. Sentence was postponed.

INSURANCE FRAUD

WELLINGTON. October 30

A verdict of guilty was returned by the jury in the Supreme Court, to-day, in tire case of John Phillips, a motor salesman, charged with attempting to obtain .£lOO from the North Island Motor Union Mutual Insurance Co. by false pretence.. He was remanded for sentence till Thursday.

SENTENCES AT NAPIER.

NAPIER, October 30

The quarterly session of the Supreme Court opened this morning, when Mr. Justice Ostler congratulated the district on its freedom from crime. Thornley William Calcott and William Roach were sentenced to reformative detention for two years for sheepstealing. Both pleaded guilty. Albert Timu and Martin Wharewhiti were sentenced to three years’ reformative treatment for breaking and entering; Nikora Timu was sentenced to four years’ reformative treatment. NAPIER, October 31.

Harold Bunn was sentenced to three months’ hard labour, at the Supreme