“TO DIE TOGETHER’

Gisborne Times, Volume LXVII, Issue 10511, 15 February 1928, Page 5

“TO DIE TOGETHER’

PARNELL BEDROOM D*RAMA. GUILTY OF ASSAULT CAUSING BODILY HARM ' ■ SENTENCE. DEFERRED * * ‘ (Presa Association.) AUCKLAND, Feb. 14. • At the Supreme Court to-day Lawrence Maelvenzie, forty-one,’ was charged with attempting to murder his wife, Honour Clarke Maelvenzie, at Parnell, on December 30. There were minor .charges of assault, caus- \ mg actual bodily harm, and of com- ? mon assault. Accused, who was defended by Mr Allan Moody, pleaded not guilty to each of ,the three counts. Air Meredith, prosecuting for the Grown, said that Maelvenzie had been married for about twelve years, and there were live children. The marriage had not been happy during recent years. Last year Mrs Mac-Kenzie-left accused, and took two of the children with her to Whangarei. She returned to Auckland shortly before Christmas, her idea being that she should get furniture in order to set up a home in Whangarei. On December 29, accused and his wife wero at their home in Parnell, the other occupants being the live children and a man named Bennett. McKenzie spent most of the day in writing letters, and in the evening ho called on a neighbor and borrowed a hammer. Airs Aiaclvenzie went to bed leaving her husband writing. There was a gas jet in the middle oV the room. In the kitchen next door there was a ga.s grillcr to which a tube was attached. Mrs Maelvenzie would state in evidence that P.he heard her husband come in about midnight, and heard him talking. She went to sleep again, but, in the earlv hours of the morning she was aroused by hearing her husband moving about. She dozed off, but 1. ter she was awakened violently, finding herself bleeding profusely from a wound on the temple. She struggled out. of bed, and tried to get to the door. She wanted some water, but accused’said: -‘You don’t want any water; we are here to die together." She managed to get to the kitchen, where she washed the blood off her head. Later she aroused Bennett. It was found that the tube of the gas griller had been removed from the kitchen, and one end was attached to the bedroom gas fixture, and one end was put under the bedclothes. Airs Maelvenzie was examined by a doctor, who would state that the wound on her head was of such a character !rs might have been caused by a blow from a hammer. Bennett spoke to Maelvenzie, who said that if he had been left alone it ‘‘would all have been over in a few minutes." A razor was found with blood stains on it hut it was possible that these were caused by being handled. There was a lot of blood about the room. In a statement made to the police, accused said he and his wife had discussed separation, but in the court he said the injuries must have been caused by liis wife herself. "I cannot understand how she could do this. Blood makes me sick.’’ He added: •■if I had wanted to- do my wife in, Bennett could not have stopped me. Bennett is not the man who caused trouble. It is another man. Bennett is a friend of mine. A sister of Airs Aiaclvenzie would o;ivc evidence that there had been threats of violence by accused agaim si his wife and children. In the course of her evidence Mrs Maelvenzie described the happenings of the fateful night. Witness admitted that about eight months ago [mr husband lost his farm, his money nnd everything else. He had been in bad health for some time past, nnci was subject to fits. Evidence for the prosecution was raven on the lines indicated in counsel’s address. It was disclosed that, accused suffered from fits. Addressing the jury, counsel tor accused said Aiaclvenzie, having lost a farm after twelve years hard work, and being unableto get other work, had become depressed. "If you are satisfied that at the tune of this crime he was mentally incapable ot realising what lie was doing you are entitled to acquit him," added counsel. His Honor: You cannot argue that, counsel, unless you are pleadinc insanity. You cannot ask just to'acquit him because at the moment he was not responsible for what ho w'as doing when he was not insane. There must be either a plea of insanity or not. There is no halt-way

house. . , , , r ™ Counsel: I realise that and 1 am prepared to leave that issue to you in vour address to the jury. _ -\Vhen directing the jury, His Honor pointed out that they could not acquit accused simply because they might believe, him mentally depressed ”at the moment, although not insane. After a retirement of tnreec|iiarters of an hour the jury returned a verdict of not guilty of attempted murder but guilty of assault, causing actual bodily harm, with a strong recommendation to mercy. Sentence was postponed.