LAW AND POLICE.

New Zealand Herald, Volume XXVII, Issue 8360, 13 September 1890, Page 3

LAW AND POLICE.

SUPREME COURT.— Sittings. Friday.

THE NORTHERN WAIROA MURDER

CASE.

ACQUITTED ON GROUNDS OF INSANITY.

[Before His Honor Mr. Justice Conolly.] The charge against Henry Funcke, accused the murder of Neil McLeod on the 30th of July, was resumed this morning, Mr. Hudson Williamson appearing for the prosecution, and Mr. J. A. Tole, instructed by Mr. H. Shortland, for the defence. The case for the Crown had been closed on the previous evening. THE CASE FOR THE DEFENCE. Mr. Tole, addressing the Court and jury, said he would not detain the jury with any lengthy remarks, but simply state the defence which he meant to offer in this grave case, and it was that the accused was of unsound mind at the time of this terrible event. So much evidence had been given already that it seemed hardly necessary to call any further, but it devolved on him to prove that the prisoner was insane, and irresponsible, as the Crown presumed and the law presumed for them that every man was sane and responsible for his action when he committed a crime. He would submit to the jury medicalevidence, also such scattered evidence as he had been able to collect in the Northern districts where the accused had been residing, and this evidence would conclusively show that at the time of the prepetration of this terrible act the accused did not k.iow what he was about, and was not responsible for his act. He would only be too happy nob to have to address the jury at the close of the case, bub if His Honor or the jury desired it he would, of course, do so. He would now proceed to call evidence.

EVIDENCE OF INSANITY. Wm, Rattisack deposed that he was a labourer, residing near Kamo, and that he knew the prisoner about eight or nine years; on the first occasion for three or four months, and on the last for one or two days. When he knew prisoner iirst, eight or nine years ago, he was in a very strange state of mind, according to witness's understanding. They were working in the same bush at the time together, for three or four months, and ho saw and spoke with him almost daily. What led him to suppose prisoner was of unsound mind was that he told him he was a Prince, and that Queen Victoria and Prinee Bismarck conspired to keep him out of Germany, as his return to Germany would cause some trouble to the Empire. At another time he told witness he was Jesus Christ, and was known all over Dairy Flab by the name of Jesus Christ. He wore his hair at that time down vc his shoulders. At times he would speak quite reasonably and rationally, and on one occasion he told witness that he had been in an asylum in South Africa. The second occasion he saw him was about three months after the first. His appearance was rather better, but he carried a gun, and had a big dog with him, and he told witness his reason for carrying the gun was that he was afraid his life would be attempted. Witness was still of opinion then that the man was of unsound mind. He had not seen him since to his knowledge. As soon as witness heard of this crime he wrote to Mr. Tole, from Kamo, telling him what he had just now told the Court.

By his Honor : Prisoner was a German, and they used to converse in that language, witness being also a German. The witness was nob cross-examined.

Dr. King, medical superintendent of the Auckland Asylum, deposed to having examined the prisoner a few days ago at the Gaol. He could not say what the state of his mind was when the crime was committed, but from the evidence of the last witness, lie should judge that his mind was diseased for years, with, probably, intervals of sanity, but a man committing the crime under the circumstances prisoner did, ho should say he was undoubtedly insane. Mr. Williamson : If a man who had been deprived of his gun, swag, and money, got into an ungovernable passion, he might shoot a man, but he should say in this case it was the result of a diseased brain, and he judged so from the symptoms he had observed. There were physical symptoms, a want of co-ordination of the facial muscles. They acted spasmodically, causing considerable twitching and convulsions of the muscles of the face. These symptoms appeared in other cases, but they were more signiti cant and more frequent in cases of a diseased brain. Then there were his mental symptoms, which ho ascertained by his conversation during a quarter of an hour on Tuesday last. It was possible he might have had perfectly lucid intervals. Re-examined : He thought accused would lose his self-control from a diseased brain, and ho certainly thought that disease existed at the time. When ho examined the prisoner on Tuesday last, he was undoubtedly insane. His Honor : Apart from the evidence you heard this morning, can you form any opi nion as to whether the disease was of long standing ? Witness : I am unaccustomed to examine a case apart from its previous history, but I should judge that the prisoner's state was not likely to arise suddenly. Such diseases as St. Vitus's dance may occur in sane peoplo, and nob more frequently in cases of unsound mind, but co-ordination of the muscles, such as I observed, are more frequent in cases of unsound mind. Dr. Davy deposed to having examined the prisoner with a view of ascertaining his mental condition, and he considered he was in a chronic state of insanity, a. person of unsound mind. He never met a case in which the fixed delusions were so marked which was not a chronic case—that is to say, his present state could not be produced in a short time. He had several delusions. Those of persecution, that the whole human race persecuted him, and said that he was pub in an asylum in South Africa, giving most ridiculous reasons for why he was pub in the Asylum. Witness conversed with prisoner in German, and he told witness whore he came from; but he was always harping on this persecution, and had no idea of the serious position in which he stood, and he referred to it as a ridiculous affair. He conveyed to witness's mind by a series of disconnected sentences that the human race had persecuted him all his life, and when he punished them, as they deserved, they must hang him, as they were more than he was. Witness corroborated Dr. King's evidence as to the physical signs of insanity. This fixed delusion he thought had been on his mind for some time, alternating with others, but this would be predominant. He described the occurrence typically. He said he had been robbed of histickeb, and hi' money, and this was the climax of a series of persecutions on the part of the " Piggery," for which he used a coarse German word. Witness asked him if he understood that he shot a person who never injured him, and he replied he did nob care; he would have shot the whole boiling of them. The witness was nob cross-examined.

Dr. Lindsay deposed to having examined the prisoner on Wednesday afternoon as to his mental state, and he had no hesitation in saying that the man was distinctly insane. He had the physical manifestations already described, and his conversation revealed the fact that he was the victim of the fixed delusion that ho was an outlaw from the human race, and that this persecution had spread over many years, and he Dr. Lindsay, gathered that he had the delusion for many years. He told witness that ho had been shut up in a lunatic asylum in Pietermaritzburg, South Africa, for no reason other than the persecution, and he looked on witness's examination of him, and these proceedings, as part of the general persecution. Witness referred to the crime in his conversation with prisoner. He asked prisoner to tell him of any instance in which he had been ill-used, as he referred so constantly to persecution. He could nob give any instance, but told witness it was absolutely necessary for him to carry a gun, and said, " My gun is my living." Witness thought he referred to using his gun to shoot his food, but that was not so, as prisoner told him his occupation was that of a watchmaker, and he concluded the meaning prisoner wished to convey was that he required the gun to protect his life. Many lunatics can reason logically for a certain distance. Prisoner told him of a crime he had committed before, for which he had been imprisoned in Auckland, that he had some words with a Maori, and that he foiled him with his spade. He spoke of this as part of the general, persecution, and considered his act quite justifiable, and that) he should

not be imprisoned for it. Witness did nob think that if the man's gun was take i from him, and he was put ashore and shot some one, that he would have any consciousness of moral wrong. He did nob think prisoner in the least realised his position. This witness was not cross-examined.

Dr. Moir also gave evidence, corroborating that of the other medical witnesses, as to the unsound state of the prisoner's mind, and said he considered that this state of mind extended over a period of something like 20 years. Ho found the prisoner the victim of three delusions. One was that Queen Victoria had conspired against him ; another, that there was a conspiracy to take his gun from him. Under the circumstances of this crime, the man's gun being taken from him, his mind would not be in a state to feel the responsibility.of his act. Mr. Williamson did not question the witness.

John Mitchelson, storekeeper, Dargavillo, deposed to having soon the prisoner about eight or nine years ago at Hokianga, and had a conversation with him then. Prisoner had a miserable appearance. He was poorly clad, filthy, and dirty. There was no one with him. He had no arms, but had a lob of old hoop-iron and pieces of circular saws, and had a horse— rather the frame of a horse— he had the barrels of an old gun which appeared to have been through the fire. These were strapped on the horse. He asked witness for food, saying he was starving, that he had been out seven days and seven nights in the mountain. Witness gave him food, and formed an opinion then that the man was certainly not right in his head. He had seen prisoner many times since, bub only conversed with him once. That was about twelve miles from Whangarei, in a very lonely spot. The prisoner was alone. Ho had knapsack on his back and a gun slung over his shoulder. This was in the month of January of this year. Witness was riding and prisoner walking when they met. He noticed prisoner's appearance was then very strange, and witness thought then that he was out of his mind. Prisoner stopped witness's horse on that occasion by catching hold of the bridle, but he did nob feel uncomfortable, for seeing him so often he considered him quite harmless, but their conversation confirmed his impression that the man was insane, and he was of that opinion ever since. To His Honor: He saw the accused in Dargaville on the 29th of July, the day before the murder, at nine o'clock in the evening, but did nob speak to him. Alfred Charles Black, storekeeper, Mangonui Bluff, about half-way between Dargaville and Hokianga, deposed to seeing the prisoner only once, and that was after this occurrence, when he was before the Magistrates at Dargaville on this charge. After that witness returned to Mangonui. Mr. Tola asked the witness what was the general opinion in the district regarding the prisoner's sanity? Mr. Williamson objected, and said there was no evidence that the man resided in the district.

His Honor disallowed the question, but said the witness might be asked what his own opinion was. The witness said his opinion was founded on the general opinion in the district. He could not form an individual opinion on the subject. Alexander Donaldson, storekeeper, Whangarei, deposed to having seen prisoner previously, and knew him off and on for the last three years, and his opinion was that the man was insane. He always had that opinion. By Mr. Williamson: Witness formed that opinion from the man's eccentric manner and behaviour.

Re-examined : He believed if the man was crossed at all, he might do something for which he would not feel himself responsible. Fred. J. Brown, bush contractor, Dargaville, deposed to having first seen the prisoner about five or six years ago, and had spoken to him on one occasion. He seemed then to be of sound mind. He did not see him again until the afternoon of the night of the murder, when he saw him in Cochrane's billiard-room, Dargaville, and he then seemed to be in his right senses. He was shaking " Yankee grab" with Mr. Cochrane, when witness saw him, and afterwards he played billiards, but witness had no talk with him, and he was not in a position to say what prisoner's state of mind was. To Mr. Williamson : He saw nothing to indicate mental aberration or strangeness in prisoner's manner, and he seemed to be on friendly terms with the people about. To Mr. Tole : He saw prisoner have a drink with Mr. Cochrane, but did not know what he drank.

Constable Carr was re-called. He said prisoner had no money when he was arrested, but on the way down the captain refunded him his passage money. Prisoner said there ought to be a purse with his passage ticket, and 30s in it, but neither witness nor Constable Scott saw anything of it. Funcke told witness he had bought the revolver at Hazard's in Queen-street, some months before he used it in Dargaville. He said he had lost the revolver which he previously had. He got into a row in a hotel in Lucas' Creek, and the landlady knocked him down with a broomstick, and the landlord took his revolver from him.

Isaac Moore, gumdigger, Whangarei, deposed to seeing prisoner on different occasions. The last time was about nine months ago, when he saw him at Whangarei, but he had no conversation with him then. He had a talk with him two years ago, and witness then concluded from his conversation that the man was insane. Witness asked him why he always carried his gun with him, and he replied that he carried it to defend himself. He said he would return to his own country, but was afraid, as the Queen and Bismarck had entered into a plot against him. Witness had no doubt in his mind that the man was off his head. When witness saw him nine months' ago he had the same appearance, and had the gun with him. This was the whole of the evidence for the defence.

Mr. Williamson called Thomas Mooney, labourer, nea Dargaville, who deposed to knowing the prisoner first slightly about eight years ago; but three years ago prisoner lived in witness's whare in the bush. They did not have meals together, but prisoner slept there. They slept in the same whare four nights, and they had some conversation, but not much. He saw prisoner the Sunday before Constable McLeod was shot, at the flaxmtll, where witness was employed. He accompanied witness to his house, and stayed with him until Tuesday evening, when the boat was leaving. During that time he behaved himself very well, and witness did not notice any signs of insanity about him. He sold a watch to witness for £2, and started two clocks which had been stopped. Witness gave him £2 2s, and a straw hat which prisoner said he would take in lieu of 4s. There was no bargaining about the price of the watch, but he wanted to be paid for repairing the clock before it was finished. Witness saw nothing in his manner to indicate that he was mad or insane, but he was easily pub into a passion if insulted. By Mr. Tole : "If I took his gun from him" I dare say he would be dangerous. I would nob like to try it." When accused came to witness's house he had his gun him, loaded and capped, and witness thought ib strange. Those who knew accused in the neighbourhood thought him queer. His Honor said he did not think he need call on Mr. Tole to reply, and Mr. Williamson did not address the jury. His Honor then summed up the case for the jury, going carefully through the evidence, and he pointed out that the whole conduct of the prisoner was incompatible with soundness of mind, and the evidence showed that his state was nob brought about by drink, while, on the other hand, the evidence of the prisoner's insanity was very strong. The jury retired at three minutes past one o'clock, and returned at seventeen minutes past one o'clock with a verdict of " Not guilty, on the ground of insanity." In reply to His Honor the foreman said they found that the prisoner was insane at the time of the murder. His Honor said he would order that the prisoner be kept in strict confinement in the Auckland Lunatic Asylum until the pleasure of the Colo-.'al Secretary was known. His Honor questioned the constables as to whether anything had been found out regarding the prisoner's purse with his money and passage ticket, and they replied in the negative. His Honor said it looked very suspicious against those ' who had come up with the accused before , the constables. I Mr. Tole remarked that there seemed to be a number of moonlighters there that night. The jury was then discharged and the Court rose.

POLICE COURT— [Before Mr. P. Cheal, J.P.] Drunkenness—Two first offenders were fined 5s and costs, or 24 hours' hard labour. Henry Doveton was fined 10s and costs, or 48 hours ; and Letitia Hughes, an habitual drunkard, was sentenced to three months', hard labour.