MURDER TRIAL

Hawera & Normanby Star, Volume XLI, Issue XLI, 14 February 1921, Page 5

MURDER TRIAL

MATTHEWS SENTENCED

POLICE COMPLIMENTED.

(BY IELEOKAPH—PRKSB AHSOCIATION.V. .., CHRISTCHURCH, Feb. 12 The trial of Reginald Matthews for the-murder of Qarence Wagstaff _ at SSS^ °^°^° h^ 27 last, was included in the Supreme Court before Mr Justice Herdman to-day, and a verdict <* guilty was returned, and the prisoner was sentenced to death. n 4^dressing the jury, Mr A. T. Donnelly (Crown Prosecutor) recapitulated tlie main pointy on which the Crown w-n? 8*6*-' 2* rawinta defence of rtf^ & accused's counsel had admitted JtotMatthewe fired the fatal shot, tnough by reason of mental deease it was claimed that he must be held free from ; responsibility for his crime and »om the punishment that .normally WrohL accompany it. There were manY" grades of mental disease. A by-law ik ■£&!* £«***•■ Crimes Act it Td? nnite and disticnt standard of insanity "RECKLESS AND CRIMINAI;.'' * sai^M^ 6 c?r mitted Matthews, said Mr Donnelly, was an ordinary , only "M& an ord|riary individual? The Set DCc- W-**i at acctißed was 2*h£ •eri ™mjil beyond the avertiff; ? !l as in,? mmment peril of recapZ3 hJ *¥ hee ' who ™ia at o nße be^saw that capture was likely he drew S^ c —Cc ,bet^een hWand ano •- dmarp criminal was that he was t>?p and kill; H^Sd Xt iSa f that there was nc '■W?li o sh >™i a j' ien!6t^ Point, of view He had asked Dr Crosbie if he Si 5 *¥ other thah Smt o* a sane though desperate man and ■^t TbernnS ¥ mittf d that he <*>»" not. Ibe onus of. proof was on the doJydjte^ V faife 5 n t ™c dc" Sd 3lw i v eif, imist fail. He subbS s+l ati he whole case for insanity had withered and faded. } ihe case .was extraordinary only f« the criminality of accused Tf +£l „7? cused'« lifo \,*a .^"sep. Jr tne acconflicts w%wl- Pt i^ en on c series of the W Tf 5- the 1C? and flouting of • one—the defence, he suggested would S^tv^rS S tb^M^ truth <rf the matter as that Matthews was merely in the lTthe ndt^Ttl^- THtwass^n in n„£fJV hat ™}*™?e* he was found land Ma£fc- a^ful cities New Zeaiand j Matthews was prowline about I -nned.-hke a soldier. rEveryl£d y .^ ?£»wT y ' hand w£ «eainst him and he was oreoared io commit murder to avoid «^S v wa^subnutted that Matthews had com-' ™tted the murder 'of Wagstaff at

JUDGE SUMS UP. vie present case it must be interpreted and tw\l 6 yVaS kiHu. r wL i • anity prevented him from knowing that what he'was doSS was wrong. His Honor added: "Does ktw Vfc "*** rV hat he di^ Know that he was shooting a man ana acquit ton on the ground of 'iLanHy it. on the other hand, you are mi v^nced that he knew that shwtfns wa ' wrn'^i?ll^ P sho(>tmg he.was doing wrong, the defence ot insanity goes and if you are convinced that he was there you will convict him." His Honor, after summarising the medical evidence, asked: "(1) Is there sufficient evidence called by the Crown to prove that Wagstaff was k/lled by accused at Timaru ori October 27 Uas accused, by his evidence,. fulfilled the onus cast upon him of establishing w satisfaction . that if he k'.Med Wagstaff at Timaru on October 27 he was sufficiently insane to be withn the mining of the code ? If you are' satisfied after considering the evidence, that prisoner did commit the act of murder on^October 27, but that he did not know the nature arid quality of the act he was committing, then it is your duty, under those circumstances, to find that the prisoner was insane at the time of the committal of the offence, and to acquit him on the grounds of in--rnitv.' If after weighing the eviden"you take the view that insanity has not -been proved^ and that Matthews understood the nature and Quality of the act he was committing, your olain dtit- i* Z c^ nII ct him. If you have any doubt about the matter, then it you dut acquit him." " •

THE JURY'S VERDICT. j The jury retired at 11.37 a.m «nd returned an hour later with a verdict of gu^ty, and, further/that it h*d found accused.to b e sane at the time ">t the commission of the crime.Wh?, n the usua* Question Was nut h^ the Registrar,- Matthews, who was labouring under deen * stress, bit bnH into hisJin, and it apiaeared for a moment as if he were about to sneak. bit no words came. W<s Honor olaced the Wack cap on his head and passed sentence of death. His Honor complimented the' poV^ officers concerned in the case on the* manner in wlr'ch the evident hud h»en collected and presented to the Court