AUCKLAND MURDER TRIAL.

Manawatu Herald, Volume LIII, Issue 4259, 2 November 1933, Page 2

AUCKLAND MURDER TRIAL.

CASE FOR DEFENCE

Auckland, November 1

The trial of John Hubert Edwards, who is charged with murdering Mrs Christina Cunningham was continued to-day.

Evidence was given by Constable Williams, who was on duty at the bedside when the accused was in hospital, concerning statements made by him at various times. Edwards had said: “I was no coward. 1 killed the woman I loved. I had a nervous breakdown about seven months ago. It js a terrible thing when a man is in a state like that and 1m does not know what he does When I went down to the house that morning something led me there and when I did it something seemed to snap. When a man is insane he does not know what he is doing. No, I’ll plead not guilty to his Worship.” Cross-examined after recounting these and other remarks, witness said lie did not think anybody else heard any of the statements which were made prior to Edwards undergoing an operation.

Constable Howe gave evidence concerning other statements. He said that Edwards spoke several times of a nervous breakdown and said he had no sleep for ten weeks. His conscience was clear, as he remembered nothing about it. Another constable said that the accused told him he would be better dead. On August 26 1m said: “I am as sane now as I have ever been in my life.” He also said that his curse would be on all who were jeering at him. At another time he said, “I forgive everyone. 'When a man has a breakdoivn 1m does things he would not otherwise do.” Something went in his head. Opening the ease for the defence, Mr Hall Skelton said he did not doubt that the Crown had proved Edwards responsible for tlm killing. The question for tlm jury was whether at the time the accused was insane. The vital facts to be considered were that there was an absence of motive, no concealment of tlm crime, and no attempt to escape. Numerous witnesses would be called to show the type of man the accused was before tlm offence. There would be evidence that he once had a fantastic idea that he was a new Messiah and that because of his queerness many people thought him a shell-shock case.

Tlm first witness for the defence was ID'S Elizabeth Phillips. She said she had known Edwards for 12 years. He frequently would sit on the back steps and bury his head in his hands and begin singing loudly. She remembered an occasion about 10 years ago when he was at the foot of Summer St. shouting out that someone had tried to murder him. John Henry Rush said he had known Edwards for several years. Edwards used to sell tea to witness. Frequently, whne he called he would burst into song. One of his favourite songs was “If I could plant a tiny bit of love in the corner of your heart.” Edwards was very shaky at times and witness thought him a shell-shock case. Witness related an occasion about five years ago when Edwards was in Ponsonbv Road. Edwards knocked his head against a post. Witness went over to him and Edwards, holding his hands to his head, complained about blood flowing from it, when actually there was no blood. James Robert Robertson, an auctioneer, said he first, knew Edwards in 1927, when Edwards purchased a farm of 10 acres at Mi. lift skill from witness. It was not long before witness discovered that Edwards was a strange and excitable individual. At- one time Edwards spoke of a new religion and said he intended to go to Australia to spread the movement. At times Edwards would discuss farm matters quite rationally and at other times he would ramble in his conversation, and it was difficult to pin him down to any one topic. Eventually Edwards walked off the farm without saying a word to anyone and went to Australia. He left the stock to look after itself. Dr. T. G. Short said he was convinced that the accused was insane and probably had been insane for a long time. He would at times have a. violent tendency to suicide or homicide. The accused said he did not remember his act, and, of course, witness could not say' if that was true, hut he did not think the accused was malingering.

To his Honour: The accused when lie committed the act did not know what he was doing. The Crown Prosecutor: Was his action in going to the bathroom and getting a razor to cut the woman’s throat not compatible with knowledge that blows on the head might not cause death?

Witness: Yes. The Crown Prosecutor commented on the fact that the accused wrote a note after attacking the woman, but. there was no sign of blood- on the writing pad, and said that the weapon used (which has never been found) must have been either washed by the accused or secreted. “Isn’t that compatible with knowledge that he knew what he had done?” he asked. Witness: Yes, after the act, but not at the time. I would say he is suffering from schizophrenia. Patients of this kind sometimes have episodes of blind impulsiveness, resulting from mental disease, during Avhieh they may be violently homicidal and suicidal. It is probable at these times they do not fully realise what they are doing and have no sense of right or wrong. Dr. W. H. Horton said he had examined accused in prison. “As

a result of my own observations and the conclusions I have drawn from the evidence, I consider accused is, and has been for a number of years, certifiably insane,” said witness. “It is probable that accused has been subject to periodic attacks of mental excitement and exaltation, with periodic states of mental depression lasting for variable periods of time, and with lucid intervals during which he was apparently reasonably sane. It is my opinion this man has suffered from manic depressive psychosis, which is a disease of the mind characterised by outbursts of mania and melancholia with intervals of more or less sanity. This concluded the case for the defence.

Called by the Crown to give evidence in rebuttal, Dr. H. M. Buchanan, superintendent of the Avondale Mental Hospital, said he had examined accused on eight different occasions. “I am of opinion,” he said, “that, accused did know the nature and quality of the act, and that he knew he was doing wrong. He is distinctly of a neurasthenic type. He enlisted in the New Zealand Expeditionary Force in 1917, hut he was classified as unfit for active service, and did not go to the front., He was then suffering from stammering and increased action of the heart which is too rapid beating and a very alarming symptom to people suffering from it. In some cases they even think they are going to die. In my opinion he is not of the schizophrenic type, because I have never seen any signs of apathy or indifference, nor, when I questioned him, was I able to elicit any hallucinations or delusions. He always had a sense of his own personality.” His Honour: What are the symptoms of a person suffering from this disease with the unpronounceable name?

Witness: They get into a dream state and live in a world of phantasy so that to all intents and purposes they are very impracticable. In advanced cases they will laugh when they are very sad and cry when they are very happy. The witness did not agree that accused suffered from manic depressive psychosis. He had a degree of emotioual instability and alternating'states of apathy and exuberance, but those were properties pertaining to mauy otherwise sane people. Judging from the evidence accused showed no signs of abnonnality on the morning of the crime, and afterward he had a. full realisation of what he had done. That was indicated by the fact that lie attempted to take his own life. The hearing was adjourned.