CLEVEDON TRAGEDY.

New Zealand Herald, Volume LXIII, Issue 19474, 2 November 1926, Page 12

CLEVEDON TRAGEDY.

INSANITY OF THE ACCUSED. A VERDICT OF ACQUITTAL. TESTIMONY BY DOCTORS. FORMAL COMMITTAL TO GAOL. •The last episode in the tragedy at Clevedon on the morning of March 4, when Septimu3 Page, farmer, aged 35, cat, the throats of his three-months-old twin son and daughter, took place in the Auckland Supreme Court yesterday. Page was acquitted of murder on the ground of insanity, and was committed to Mount Eden prison, there to be* detained in strict custody until the pleasure of the Minister of Justice is known. The actual trial was one of the shortest murder trials in New Zealand legal history, occupying only 65 minutes—exclusive of the jury's retirement, which lasted half-an-hour. Page, a man of tall and awkward build, appeared to be dazed. During the evidence of his wife's former help he rose and made toward the well that leads to the prisoners' ceils, but was restrained by the warder. He seemed to ignore the reading of the charge, and had to be reminded by his counsel, Mr. A. Moody, of his part in the formalitiesMr. Meredith, Crown Prosecutor, said there \vas no question as to the cause of the death of the children, and the only question t would - be the mental condition of the accused at the time of the murder. If, on the evidence, they held the man was at the time of the murder insane to such a degree as to make it impossible for him to understand the nature and quality of the act, they would return a verdict of not gu'ilty on the ground of insanity. Evidence of the tragedy was given by Eileen Graham, who had been assisting Mrs Page with the household duties, And several other witnesses.

Minor Fits ol Epilepsy. .Dr. Henry Malloch Prins, superintendent of the Auckland Mental Hospital, said he saw accused on the day of the tragedy and had him ■ under observation from August 5 until quite recently. Beside his actual • observations witness had considered the evidence and,accused's history. On two occasions during the observations accused had minor fits of epilepsy. Witness answered affirmatively the question whether he ' considered accused at the time of the tragedy suffered from such disease of the mind as would render him incapable of knowing the nature or quality of .the act. or that it was wrong. • Dr. Cyril H. Tewsley, police surgeon, agreed with the previous witness' opinion of the accused's state of mind at the time of the tragedy. , Mr. Justice Herdman: What do you deduce from the fact that the man had fits ? —That his mind was affected by the fits. , jV : ,</ .- '* ';i ; Witness; addedthat'' J accused was not now in a normal condition of mind, and during observation had been consistently abnormal. - i . Slow Mental Reaction. 4 Dr. St.. L. H. Gribben, superintendent of the Seacliff Mental Hospital, said hs .saw accused last' Saturday :and Sunday. ;§e| found, him dull. and. .depressed, and '■exhibiting slow mental reaction. "Ho was certainly not normal, 1 " ' added witness, "but I did not know why he was depressed. " • . , iz • 'Mr. Meredith: Are you prepared to give ail opinion' regarding his state of mind at the time of the tragedy ?—I could not do so, when seeing him over six mouths after the occurrence. If epilepsy were definitely established he would; say there was a condition of automatism. J- Ve-; His.Honor: That is to say, if a man has epilepsy ho may act unconsciously Witness: Ye?, if the epilepsy is associated with a condition, of mental deterioration. This concluded the case for the Crown. Mr. 'Moody said he did. ij.pt propose to call evidence, and. would leave the matter entirely with the jury.' ' His Honor, in sutnniing up, 'said a' person was' presumed to be sane until the contrary was proved. In this case the Crown had taken the proper course of submitting all lthe evidence it could present. The jury also had medical evidence of the man's state of mind at the time of the tragedy, including the evidence of Dr. Gribben, probably the most skilful alienist in the , country. : He asked the jury to return a verdict of not guilty and to add a special verdict in the terms of section 31 of the Mental , Defectives Act that he was acquitted on i the ground of insanity. The jury returned a verdict accordingly, and His Honor then made tho order of committal to Mount Eden prison. ■