DEATH SENTENCE.

New Zealand Herald, Volume XL, Issue 12272, 16 May 1903, Page 2 (Supplement)

DEATH SENTENCE.

SEQUEL TO AN AGREEMENT TO DIE

TOGETHER. At the Old Bailey a few days ago Joseph Abbott, 59, porter, was indicted for the wilful murder of his wife, Catherine Abbott. He pleaded not guilty, but admitted having attempted to commit suicide.

Mr. Arthur Gill, prosecuting, said the circumstances were extremely painful and unusual. Prisoner was a coal-heaver, and his wife was a shirt-maker, and they lodged together at the house of a Mi's. Howard, at Bygrove-sfcreet, Poplar. For some months prisoner had been out of work, and as deceased had also experienced difficulty in obtaining employment they were reduced to very severe straits. On February 27 there was owing some three weeks' rent, and the couple appeared to have resolved to commit suicide. In the morning they sold the greater part of their furniture for 10s, and in the afternoon prisoner purchased two ounces of aquafortis at two different shops, saying he required it for testing metals. He also bought some drink, and subsequently he was heard quarrelling with his wife. At ten o'clock ho went to the landlady, and said, "Will you go and get a policeman? My wife has poisoned herself, and I have poisoned myself." A constable who was called found the woman lying on the floor, evidently in great pain, and prisoner repeated his statement that they had both taken poison. They were removed to the Poplar Hospital, where deceased died on the following day, but prisoner eventually recovered. On the way to the hospital he said, " I have been out of work for some time. She couldn't stand it, it worried her. I bought the stuff, and she gave me some and took the other herself;" and subsequently when he was charged he replied, "She followed me about and made me buy it. Two or three days before she tried to buy some herself." Counsel concluded by pointing out that it was the law that if two persons agreed to commit suicide together, and one died and the oilier survived, the latter was guilty or murder.

This statement was borne out in evidence, and Mr. Percival Hughes, defending, then contended that it was only by the straining of a technical point that prisoner could be. found guilty. Undoubtedly he intended to take his own life, but there was no real evidence to show that the couple had come to any mutual agreement to commit suicide, and prisoner was entitled to the benefit of the doubt that existed.

Mr. Justice Kennedy said there was absolutely no question of straining the law, which was perfectly plain on the point.

The jury found prisoner guilty, with a strong recommendation to mercy. His lordship said ho would at once forward this recommendation to the proper quarter. He then passed sentence of death, saying he would not add to the pain and suffering of prisoner'!! present position by any words with reference to the crime- of which, according to law, he had been found guilty.