THE WAIROA SOUTH MURDER

New Zealand Herald, Volume XXVIII, Issue 8582, 2 June 1891, Page 6

THE WAIROA SOUTH MURDER

; . EXAMINATION■':AS TO SANITY. ' '. Dlin«s<J.the heading'.of, one of the indictments at the Supreme Court yesterclay Mr.' Napier, by permission of the Crown Prose cutor, asked the Court's permission to mention the case of the man Floyd, charged with murder. Ho asked His Honor, as.it was desirable for the defence that the acensed should be medically examined. Two doctors were present for that,purpose, but the gaoler, Mr. Resfcon, insisted on being present during the examination. This tended to interfere'with and embarrass the Bxamination. Of course ho could! as a solicitor, personally be allowed access to the ■ prisoner's cell without the presence of the gaoler, but Mr. Reston objected to others being admitted unless he was present. He ■. asked ■that; an order be made that the \ medical examiners be allowed access to the prisoner without the presence of Mr. ( Beston, whose, presence hampered their examination. There was no rule on. the j matter, but as all the prisoners were in the ( hands ot the Court His Honor might make asi order. . I His Honor eaid he had no control over , prisoners until they were before him, and j he' asked Mr. Reston as to what the provisions were. Mr. Reston said there were no provisons , in tfie prison regulations, nor had it been : the practice. » ( Mr. Napier said there M'as no rule, but it was ooly right that the medical examiners ' should have unrestricted freedom in making , their examinations. His Honor said be couJd make no order. The object of- tho regulation he thought was to prevent friends of a prisoner from aidibg his escape. Solicitors of course were hot supposed to be liable to such suspicion; The request in his opinion was a reasonable one, and if Mr. Reston could see his way to allow the medical gentlemen in the cell with the prisoner it might be desirable, but he could make no order. At a subsequent stage, and before the ' Court rose, Mr. Napier again asked for leave to refer to tho case. He said he had only been instructed that morning, and it •would be impossible for him to take up the ' case before Thursday. He had intended to ' apply for a postponement of the trial until next tiession, as ho understood the other ; cases-would probably close by, Tuesday night, bat Mr. Williamson informed him be woald not oppose tho adjournment until Thursday. ' His Honor eaid no bill had yet been returned by the Grand Jury, but if a true bill was returned the case would nofc be ' taken before Thursday.