SIMPKIN MURDER TRIAL

New Zealand Herald, Volume LXII, Issue 18943, 14 February 1925, Page 11

SIMPKIN MURDER TRIAL

QUESTION OF EPILEPSY. MEDICAL MEN'S OPINIONS. ' DR. BEATTIE AS WITNESS. INTERVIEW WITH THE ACCUSED. The whole of yesterday was devoted by t Mr. Justice Herdman to the case of James t Simpkin, charged with the murder of his ] wife, Emma Simpkin, on October 5, at ; Manawa Road, Remuera—the third day \ of the trial. Practically the whole day's j sitting was taken up with expert evidence., amounting virtually to lectures by t medical men upon the nature and quality j of epilepsy, which the defence had put ; forward as the cause of accused's murder- ] ous impulse. 1 Kenneth Mackenzie, surgeon, was sworn, and Mr. Finlay, counsel for , accused,, put to him at considerable length a summary of the facts alleged by the defence as to accused's career, physical 1 and mental condition, family history, etc., - as disclosed by the evidence, and asked • for his diagnosis of such a case. On the whole witness thought that epilepsy was the correct deduction. The failure of con- 1 sciousness while driving on the Wha- 1 ngarei-Kaipara road seemed to point to petit mal, the lesser form of epilepsy. Witness saw accused nine years ago, and again a few months ago, and did not note, on the latter occasion, the amount of ] change in him that he would expect, with a history comprising so many symptoms as those just enumerated. In the later examination he saw nothing inconsistent with a diagnosis of petit mal. On the facts before the Court he would diagnose petit mal conclusively, and grand mal with some reservation. In petit mal there was loss of consciousness for a period, without convulsive seizures. Grand mal was the graver cerebral attack, with convulsions. The Essence of Epilepsy. The essence of epilepsy was the loss of consciousness. It was recognised as a possibility that in a condition of psychic epilepsy an act of violence might take place, but in the case submitted he would not care to diagnose that form of epilepsy alone. The outbursts described to him might be manifestations of psychic epilepsy, but he would not commit himself to that view. If he had a patient who was a known epileptic, and who showed mctive.less bursts of passion, witness would be inclined to attribute them to his epileptic state. Such a patient need not afterwards remember his acts. The witness was cross-examined bv Mr. Meredith as to the distinction between epileptic symptoms and mere exhibitions of bad temper. Witness sai l that he performed the operations which accused underwent in the Auckland Hospital in September, and then' noticed no sign of mental aberration. No reports suggesting either petit mal or grand mal were made during accused's stay in hospital, though he was under the closest observation. The attempt at suicide, following upon the murder, was proof that accused knew that he had killed his wife, but not necessarily that he was conscious of the nature of his act when he committed it. Accused's Letter to Wile. G. de (-'live Lowe, surgeon, on the basis of the same set of circumstances that had been submitted to the previous witness, said that they gave a classic picture of epilepsy. They were indications of petit mal in its most aggravated form. An epilpetic might commit an act of feiocitv, and yet be unconscious of it. Various automatic actions might occur in the course of an epileptic seizure. After hearing the text of accused s emotional letter, intended for his wile, witness said it was the letter of a man on the verge of some tremendous mental upheaval. The determination of his wile to separate from him would augment the liability to such an attack. To Mr. Meredith: The treatment and diet in the hospital, and the rest m the gaol, would bring about an improved physical condition that would account for the non-recurrence of epileptic seizures since the tragedy. The fact that accused knew, three days before he wrote the letter, of his wife's intention to stay away from him, would not alter witness opinion as' to the effect of the letter. Witness agreed that, granted the ca ®® °[ epileptic, a recurrence of the condlt °" might have been expected since tragedy. Indications of Petit Mal. D. N. Drier, medical practitioner, given the same set of facts, agreed that they indicated petit mal, and also the possibility of the beginnings of general mental degeneration. . . W H Horton, medical practitioner, said'that as far back as 1919 he noted a change in Simpkin s condition, and commented upon it to others. Aftei hating listened to the whole ot the evidence in the present case witness was of opinion that accused had suffered fiom Cavaye, recalled by the Crown, swore that he found no tooth--1 brush in Simpkin's clothing after his removal to hospital on the night of the traced v James Ross, brother of Mrs. Simpkin, gave evidence that accused left his razor in the bathroom of the Ross home for about a week of his stay there. A II Harvey, a resident medical officer at the Auckland Hospital, said he had not 1 heard of any epileptic tendency on the part of accused while he was a patient, nor had any such tendency been reported ' bv the nurses or sisters. ; . *A. 51. Grant, honorary surgeon, gave similar evidence. Dr. Beattie's Opinion. Dr K, M. Beattie, superintendent of the Auckland Mental Hospital, said he 1 had examined Simpkin, and wtx of opinion that he was quite sane, above the average ' in intelligence, and quite capable of know--1 ing the nature and quality of his acts. 1 Accused had denied to witness that he had ever had epilepsy in his life, or any giddiness, or other symptoms of epilepsy. 1 The attacks described by witnesses for the defence were not typical examples of epilepsy. Various necessary symptoms (specified) were lacking, Mr. Meredith: Could you suggest that accused committed an automatic act when he cut his wife's throat?— From his own statement to me I am certain that he knew -the nature and quality of his act. His Honor: He was capable of knowing that the act was wrong ? —Yes. Mr. Meredith: And you are of opinion that his subsequent attempted suicide was a following act?—l should imagine that. ; Of course I cannot read the consciousness of the man, but I suggest that that was one of the sequels of such an act. Further, witness said thai accused had told him the whole story of his approaches ! to his wife with a view to reconciliation up to the point of her statement that he ■ was not the father of her children, and 1 had added that he then rushed upon her, and the tragedy ensued. , His Honor: He told you that?—He told , me that. If he had been in a state of petit mal at that time, seeing that petit , mal lasts for only a few seconds, as a rule, he would not in my opinion have ' had time to knock his wife down, take his razor out of his pocket, and also out . of its case, without having recovered consciousness. . . ... , To Mr. Finlay: Witness interview with accused took place at Mount Eden gaol , last Monday. Witness was asked by the . Crown solicitor to examine him. No notice was given to anyone representing accused. 3 Witness was not aware of any regulation requiring that it should be. In the ' present ease there was evidence of provocation to accused's act, whereas in Ins experience an epileptic who committed 1 crime usually did so without provocation, i To Mr Meredith: Witness saw no evi- ' donee of a petit mat seizure while accused i was in the witness box. 1 hough at one I Sit ace ho seemed to have a lapse of ■ memory, it was accompanied by none of , the petit mal symptoms. • At this stage tho case was adjourned until to-day.