AN UNUSUAL POLICE TRIAL.

New Zealand Herald, Volume XLIII, Issue 13086, 27 January 1906, Page 6

AN UNUSUAL POLICE TRIAL.

ACCUSED FEIGNS LUNACY.

COMMITTED FOR TRIAL.

A cask that lias attracted unusual attention in police circles was heard at the detectives* office yesterday, before Mr. R. W. Dyer, B.M. During and just prior to the Christmas holidays a number of robberies were reported to the police in m Auckland and the surrounding country. The robberies comprised thefts from dwellings, railway stations, ami a farmhouse. A man jiving the name of John Francis Usher, of medium stature and build, was arrested and charged with the robberies. From the statements j made it appears he was to all appearances sane before the arrest, but immediately j after he became to all intents ant* purposes ] a lunatic. He has continued in this state j up till the present. Medical evidence was j obtained, which certified tuat Usher was j only malingering. _ With a view to seeing whether the ac- ; cased would improve in his condition, he j has been remanded to; a couple of weeks j past, but- as no change has apparently taken j place it was decided to charge accused at | the detective offices privately. When j brought up vesterdav accused did not resist j the constable, but 'held his head between j his hands most of the morning. Usher, j when taken before Mr. Dyer, was talking < incoaerentlv, and kept this ur> for an hour , during the'hearing of the charge, and then j quietened down for the remainder of the hearing. Theaccused was charged on ku ... counts, j Tliev consisted of breaking and entering the i, dweiiimrhouse of George Barrett and steed- , ing is Id: stealing from the Mount Albert j rallwar station a box containing goods j valued at £17 5s 6d. the property of Joseph J Harry Carr: stealing a portmanteau from, the Hamilton railway station, containing . goods valued at £lo 6s 3d, the property of j Thomas Joseph Schofield: breaking and entering the dwelling of James Annett. at i Hamilton, and stealing jewellery and goods j valued at £5 16s; breaking and entering the dwelling of W. F. Mason, at Hamilton, | and stealing goods valued at £43 10s and j £3 10s in "money: breaking and entering ) the dwelling of Arthur ("-oldie, at Auckland. } and stealing goods valued at £51 10 and j £1 10s in money: breaking and entering j the dwelling of Samuel Ol.eary and stealing : goods and money valued at £8 4s: and : stealing from the schooner Kaeo. in A tick- j land Harbour, a portmanteau containing j goods valued at £4. the property of Alex- j ander Thompson. The total value of the goods and money was £155 2s ICd. Mr. Marsack said accused was arrested at ; Te Puke for obtaining goods by false pre- j fences. The circumstances of that case went to show that accused was verv much j in his senses. But when taken to Rotorua j he immediately acted as if he were a luna- j tic. and. with Intermissions, had continued > in that "State since. "Usher had been coin- | mitted to the asylum, but had deserted, j He (Mr. Marsack) was of the opinion that j the lunacy was a pretence in view of the j number of charges against the accused. J

MEDICAL TESTIMONY.

Dr. Beattie. medical superintendent of the Auckland Mental Hospital, said accused was committed to the hospital on November 8, 1905. Upon admission accused pretended to be confused, but that left him the next day. Witness certified he was quite sane. On November 17 Usher was allowed on parole. Accused returned every nicbt until November 24. On the evening of "November 23 witness had a conversation with accused and he was quite sane. On December 7 witness had another long conversation with accused, who was then also quite sane. Witness saw accused at the paol on Wednesday. In witness;' opinion accused was malingering at present. Mr. Marsack : Could vou say whether it was with a view to avoiding punishment? Witness I could not say. Mr. Dyer: That is only a matter of inference. He cannot say. Witness, continuing, said that from the medical reports received from Rotorua witness was- convinced that accused was perfectly sane at Rotorua. as if he had been suffering from a disease of the brain then he could not have recovered for a couple of months, whereas accused was sane two davs after his arrest. Dr. Darby said accused had been under his observation for three or four weeks at the gaol. Without knowing accused's past historv a person might thinK him insane, but after studying accused very closely witness was sure" he was only malingering. Evidence was then given on the charges and the prisoner was committed for trial.