DEATH SENTENCE

Hawke's Bay Tribune, Volume XXIII, Issue 275, 3 November 1933, Page 8

DEATH SENTENCE

EDWARDS FOUND GUILTY PLEA OF INSANITY REJECTED THE GREY LYNN MURDER By Telegraph—Press Association. AUCKLAND, Nov. S. The trial of John Hubert Edwards, aged H labourer, charged with the murdei of Mrs Christian Cunningham at her home at 111 Crummer road, Grey Lynn, on August 16 was concluded in the Supreme Court. The jury returned a verdict of guilty with a strong recommendation to mercy. Mr Justice Herdman pronounced sentence of death. During the trial, which extended over four days, evidence was given by 20 witnesses, of whom two were medical witnesses for the defence and four were medical witnesses for the Crown. The jury retired at 3.30 p.m. and returned at 5 p.m. JUDGE SUMS UP. His Honour, whose summing-up occupied half an hour, said that apart from a few acts of eccentricity there was no evidence that the accused had prior to this crime been guilty of violence to anybody. Witnesses had stated that it was his habit to sing at odd moments, that he had strong political convictions and that he was a vegetarian ; but many people were vegetarians, sang in their bath and had strong political convictions, and yet it did not follow that they were irresponsible. The jury was asked to believe that the accused had delusions and was so unbalanced that he did not know what he was doing. The law as to insanity was the same in New Zealand as in England, said His Honour. If a man committed murder he was presumed to be sane unless the contrary was proved. The defence might prove that the accused suffered from a disease of th® mind, but that was not sufficient; the disease had to be of such a character that the accused would not understand the nature and quality of the act ho was committing. Such a law was neces sary in the public interest. Tens of thousands of people might be suffering from disease of the mind, but that was not to say that they constituted a menace. Continuing, his Honour, said that the accused went to Cunningham’s home wearing his pyjamas under his clothes, obviously with the intention of staying the night. He slept there, asked for his breakfast, had a shave and went out with Mr Cunningham. None of those things proved insanity. “THE DEATH PACT.” If he wrote the “death pact’’ letter before committing the murder it was very strong evidence that he had made up his mind to destroy the woman, for why should he write “The death pact— We die together’’ if he did not intend to kill her? 'The defence claimed that he wrote it after the blows had been struck. If that were so he must then have gone to the daughter’s bedroom, opened the drawer, taken out the writing pad, sought a pencil and deliberately written those words, afterwards placing tho pad on top of the gas meter. Was that consistent with the theory that he did not know what he was doing? Was it likely that a man would write such a letter and not know what he was doing? It was not proof of innocence that a man committed a crime as the result of an uncontrollable impulse. Reviewing the medical evidence, His Honour said that the three witnesses for the Crown had had very wide experience in mental diseases, both in England and in New Zealand. “They all declare that when the crime was committed the accused was not suffering from a disease of the mind which might disable him from understanding the nature and quality of his act, and they declare that when he did it he knew he was guilty,” said His Honour. “If you accept their evidence, the defence of insanity fails.” When the jury returned with its verdict, His Honour assumed the black cap and pronounced sentence of death.

“I am bound to say,” added His Honour, addressing the jury, “that on the evidence put before you I am of the opinion that your verdict is the correct one.”