VERDICT OF GUILTY

Greymouth Evening Star, 6 August 1946, Page 9

VERDICT OF GUILTY

POISON-IN-MILK CASE CONCLUDES

RECOMMENDATION to MERCY (P.A.) CHRISTCHURCH, Aug. 5. ' A verdict that William Andrew Smythe was guilty of attempting' to murder Martha Edwards Smythe on June 12, was returned by a jury in the Supreme Court to-day. The jury added a strong recommendation to mercy “because the offence was committed during a period of acute mental depression.” Mr. Justice Blair remanded the prisoner for sentence. Smythe, a blacksmith, aged 51, pleaded not guilty to the charge last week, when evidence was heard. Yesterday, counsel made submissions and His Honor summed up. ■ The defence denied that there had been an intention to commit murder, said Mr. P. H. T. Alpers, who appeared for Smythe. The evidence showed that the accused had been very fond of his wife, and all the police witnesses had said that he had displayed no malice towards her. The evidence of Dr. Savill, an expert in mental disorders, had shown that the accused’s reason and judgment were impaired to such an extent that he was unable to realise the natural consequences of his act, Mr. Alpers said. In his submission, Mr. A. T. Donnelly, who appeared' for the Crown, said that although the accused was mentally unstable he was not insane. He had several times threatened his wife. After he had put poison in the milk billy he had apparently repented and warned his wife, but that did not absolve him from liability for the offence of attempted murder. His Honor outlined the legal'definitions of insanity, and said that evidence had been given that the accused was not “legally insane.” The jury had to decide what was the accused’s intention when he put the poison in the milk. The facts of the case were not disputed.