SENTENCED TO DEATH

Hawera Star, Volume XLVII, 16 May 1928, Page 7

SENTENCED TO DEATH

NORGROVE CONVICTED. ' NEW LYNN TRAGEDY. MORE MEDICAL EVIDENCE. vs* «isLuaßAra-press association.) AUCKLAND, May 15. The trial or Allan George Norgrove on a murder charge was continued in tlie Supreme Court to-day. When Dr. H. D. Hayes, medical superintendent of the Porirua Mental Hospital, was giving evidence on similar lines to that of Dr. H. M. Prins, 1 medical superintendent of the Auckland Mental Hospital, namely,' that accused was not suffering from any mental disease, Mr. Justice '. Macgregor said: You remember accused’s outburst yesterday when his mother was giving evidence; What importance do you attach to that? Witness: Purely a normal affection for hi® mother. It would be different from what one could expect in a case of dementia praeco'x. Mr. Moody: When you were at the gaol did you: find any evidence of mental deficiency iff liis family? Witness: I tried to find out from him. • '

What did he. say?—He denied that there was any. Accused (from the dock): That’s a lie!

it was agreed at Mr. Moody’s suggestion that measurements of. the accused’s head should be taken during the adjournment., Returning' to liis cross-examination, Mr. Mosdy asked Dr. Hayes whether he was aware that the measurement- of a certain part of accused's skull was an inch out qf normal.

Witness said lie did not, He agreed that such a condition would favour the theory of abnormality. He also argued that the accused was,,of a .type.such as might come to a state,,of dementia praeco-x. 1 ’

Re-examined by Mr." Meredith, witnes expressed the .opinion" that there was plenty of time for dementia, praecox to have developed if it was present, as suggested, over a long period in accused’s case.- In his pbinion the disease would have developed by 'this time if it had been present as suggeted. Dr. T. W. -J. Childs medical superintendent q£ the Tokanui Mental Hospital, said he saw the accused, on May- * H and 13 and satisfied himself that the accused was not suffering from any mental disease. There was nothing to indicate a condition of dementia praecox. Examination of the head showed that the. right side was three-quarters of an inch larger than the left,but fo-r the most accurate examination the head should.be shaved and an instrument used. In his. judgment there was nothing to indicate abnormality. ‘ ""• Witness, cross-examined, - admitted that the accused .gave the impression that he did not care what .happened to him.

Dr. 0. H. Tewsiey, gaol surgeon, said he saw the accused on the day, of the tragedy and many times afterwards, while he had received .verbal report® from the accused’s observers, who saw him every quarter of an hour while he was in prison. There had been nothing to indicate a condition qf mental disease or to suggest that the accused would ‘ not know what he was doing with the flat iron. • After .counsel had addressed the jury, His Honour, in summing up, said the real question was whether the accused was conscious of the nature of his act and whether he knew- he was doing wrong: The test for the minds of the jury was whether they thought the accused would have done it if a policeman in uniform "had been standing within sight.. . _ The. medical evidence, in point of ’numbers, wTas four to one that the accused-was not mentally diseased. The accused . had been able to give a lucid account to the police, and none of his statements showed any signs that he was insane; In considering the" question of" insanity "tlie jury had to remember that, violent temper was nothing, andi gusts. of passion didnot avail as a defence. The jury retired at 4.45 p.in., and. returned at 5.30 with a verdict of* guilty of murder. . ■ v . .. . Mr. Justice Macgregor said he quite agreed with the verdict, winch was the orily one open upon the evidence.. He then passed sentence of death" “That the accused be taken to the place of execution and there hanged - by the •neck until he is dead.” . When Norgrove .was being escorted between tw<> warders- to the cells beneath the dock he staggered- and flung out his arms towards his relatives in the court. Hi® brother and. another man tried to grasp him but were held back by the constables. As the condemned man was being led below he called out: “Look after Mum!” , The tense scene which prevailed in the court following tlie return of the jury culminated in a woman fainting in the gallery.