UNFIT TO PLEAD.

Manawatu Standard, Volume LVII, Issue 200, 24 July 1937, Page 16

UNFIT TO PLEAD.

INMATE OF INSTITUTION. CASE AT AUCKLAND. Per Press Association. AUCKLAND, July 23. Medical evidence only was called in the Supreme Court this morning when William G.age-Brown, aged 70, was placed in the dock and charged with the murder of his wife, Mary Elizabeth Gage-Brown, at her home in Epsom on April 5. Evidence had been given in the Magistrate’s Court when accused was committed for trial that ho had attacked his wife in the bedroom of her home and with a four-pound weight inflicted injuries to her head from which she died the following day. When accused was placed in the dock Mr A H. Johnstone, K.C., who appeared for accused, applied under the provisions of section 32 of the Mental Defectives Act for a jury to be empa.iinelled to try as to whether accused was fit to plead. . His Honour: The circumstances of the case as set out in the depositions imply that it is a. very necessary course. . , Mr Hubble (for the Crown): I agree. , _. Dr Henry Meredith Buchanan, medioal superintendent at the Auckland Mental Hospital, said accused was at present an inmate of the institution. Witness had had him under observation since April last and his mental condition to-day was such that he could not plead or understand the proceedings. He would be utterly incapable of as I ’’sting his counsel. _ Dr Joseph Macka.y, senior assistant medical officer at the mental hospital, agreed with the evidence given by Dr. Buchanan. ~ , ~ , Mr Johnstone said that by the humane provision of the law no one con d be placed upon liis trial unless lie fully understood what he was being tried for Evidence of the doctors "was that accused’s Cental condition was such that he could not understand. His Honour said the jury had to decide whether accused was insane so that he could not plead to the mdictm'Without leaving the box the jury found that accused was not fit to pl Hh Honour then ordered accused to be placed in the custody of the Auckland Mental Hospital until the pleasure of the Minister of Justice was known.