FEIGNING MADNESS.

New Zealand Herald, Volume XLV, Issue 13839, 27 August 1908, Page 7

FEIGNING MADNESS.

A STRANGE CASE.

THE NEWMARKET ARSON

The Newmarket arson cases, which were postponed from the May sessions of the Supreme Court, in order that the accused, Thomas Fitzgerald, might bo placed under observation to ascertain whether lie was sane or insane, were called on again at the Supreme Court yesterday. The prisoner was assisted into the dock by two warders and shook and swayed about continuously, and for all the notice he took of the Court and I those in it they might have been non-exist- j ent. When asked to plead he still main- I tained the- same blank expression, and in j accordance with the procedure laid down a jury was empanelled to determine whether he was in a fit state to answer one way or I the other. The Hon. J. A. Tole, K.C., Crown solicitor, submitted that the accused was feigning madness, and called evidence in support. Colin McDonald, a warder in Mount Eden. prison, stated that he had the prisoner tinder observation for 14 days after his arrest. From what witness saw he was of the opinion that accused was malingering. Witness observed him from a cell window, and when he was alone he was all right, but sis soon as ho heard anyone approaching he feigned madness again. On one occasion witness said to him, " Fitzgerald, you are doing all right. They all think you're mad.'' The prisoner replied, "Do they?" and then went on malingering worse than ever. He would not eat unless he was alone. Witness watched him for another 14 days from the commencement of this month. Robert McSporran, another warder, stated that in his opinion the accused was sane enough. On July 13 he complained to witness about his clothes not having been sent to the wash, and proceeded to wash them himself. He spoke quite rationally. Another warder gave it as his opinion t.jat Fitzgerald was " putting it on." Detective Miller declared that accused was quite rational when arrested, and made a detailed statement as to how the outbreaks occurred. His Honor: The very circumstances of these crimes seem to indicate that the man was not in a normal state of mind.

Witness: That probably applies to the second fire.

His Honor: There is absolutely no motive. No one in his sober Reuses would have done it.

Dr. Beatty, medical superintendent at the Mental Hospital, Avondale, said that he had had several opportunities of observing the prisoner during the past three months, and the opinion he held at first was the same as it was now—that Fitzgerald was malingering. In his opinion he was quite able to plead, and also to understand the evidence given against [aim." While he did not regard him as insane witness still looked upon him as a degenerate.

His Honor said he supposed the jury j knew something about the circumstances. On the occasion of the last fire the accused knew that the nightwatchman and someone else were about, and yet he set fire to j the premises, which tended to show that. j he could not have been in a normal state j of mind. Dr. Beatty said the prisoner was perfectly well able to understand everything that might be said. It might be that he could, but at the same time it seemed. to His Honor that he was in a very unsatisfactory condition to be tried. There would be no great harm clone if they did not try him then. He would be committed to the prison again, and when he found out" that he was still to be tried he would recover his senses. The Crown was endeavouring to establish, that he was sane. There was nobody to represent accused, to j see if he was insane. His Honor did not | think much of the evidence of\the warders. Personally, he should not like to try the | prisoner as ho stood. The jury, after a short retirement, requested that the prisoner should be examined by two more medical men, and the case was ordered to stand down while the j experts were secured, and conducted their j examination. The cases were called on later in the j day, when Drs. Lindsay and Hart, who had examined the prisoner, gave evidence. Tho former stated that he could not find any trace of insanity, and that, in his opinion, Fitzgerald was malingering. Dr. Hart was also of the same opinion. The jury thereupon found that the prisoner was quite able to plead, challenge jurors, and conduct his own defence, and the prisoner was ordered to stand down until this morning, when he will be tried.