SUPREME COURT

Grey River Argus, 23 October 1936, Page 7

SUPREME COURT

SENTENCE FOR MANSLAUGHTER. (Per Press Association). DUNEDIN, October 22. Two years’ hard labour was the sentence imposed on Richard Corrigan, 51 on a charge of the manslaughter of George Stuart Neish at Palmerston on August 26. Passing sentence, Mr. Justice Kennedy said he took into account the fact that the prisoner had liquor, and that the crime would not probably have been committed had not deceased and a companion gone to prisoner’s home with liquor, the crime being a sequel to a more or less drunken struggle. At the same time, prisoner had cowardly kicked tho deceased when down. The sentence was influenced by the jury’s strong recommendation to mercy. AN EPILEPTIC CHARGED CHRISTCHURCH, October 21. Medical witnesses were carefully examined by Mr .Justice Northcroft, before a jury specially empanelled to enquire into the mental fitness to stand trial of an epileptic, subject, in the Supreme Court to-day. Doubts about the accused’s fitness' to plead were over-ridden by the jury’s verdict that he was fit to stand trial. Francis Herbert Dennis Fitzgerald was charged that, on August IS, 1936, he wilfully set fire to the dwelling routed and occupied by him at. Woodend beach, the property of Charles George Stevenson.

Mr. A. T. Donnelly* said that there was some doubt of whether accused was fit to plead.

His Honor said that he had had empanelled a jury to enquire into the fitness of accused. lie would examine the medical witnesses himself.

Dr. R. W. Bellringer, of the staff of Sunnyside Mental Hospital, said that in his opinion if a mental disorder existed in the accused, it was not sufficient to prevent his pleading. His condition was one of epilepsy. Au epileptic was liable at times to take fits o>* have short periods of unconsciousness. In the intervening periods such a person could be quite rational. It. was possible for the person io be suffer, ing without it being apparen; to a layman. Tn 1931 witness had had the care of accused. In 1930 he had been a patient 1 1 Hok/ika, a-' d tnere was then some doubt about the et *e.

Answering His Honour, witness said that he considered' accused quite capable Of doing all that was required of hm at his trial, -if understanding a witness.

Dr. A. C. Thomson said that accused was very emotional, and while on. remand had had a great number of fits, almost daily*. But when a fit was over he was, mentally*, a faily normal man.

His Honour asked if, in witness’s opinion, it was possible for accused’s mind to become deranged without, his condition being apparent to juiiors or court officials. Witness: I couldn’t say.

EPILEPTIC CONVICTED. CHRISTCHURCH, October 22. A verdict of guilty* with a strong recommendation to mercy*, was returned by the jury in the Supreme Court to-day in the ease in which Franc;-'' Herbert Dennis Fitzgerald, aged 27, labourer, was charged with arson on August 18 at Woodend. The building sot fire to by* the accused was a four roomed house belonging to Charles George Stevenson, and occupied by Fitzgerald. It was disclosed in evidence that accused, who had been very susceptable to the effects of drink, since receiving a head injury some years ago, had, after drinking, tried to commit suicide by burning himself to death. It was stated by the Crown Prosecutor that tho accused was unstable mentally*, though not irresponsible or insane.

Evidence was given l)y several witnesses that accused had had drink on that day, had quarrelled with his wife, and had tried to commit suicide by* slashing his arms with a razor. In the accused’s statement to the police, he said he intended to die in the burning house, but the smoke and heat were too much for him, and he went outside. Accused was remanded for sentence.