ACCUSED INSANE

New Zealand Herald, Volume LXIX, Issue 21245, 27 July 1932, Page 12

ACCUSED INSANE

THE WAIRARAPA TRAGEDY CORRIGAN NOT FIT TO PLEAD ALLEGED MURDER OF PARENTS VERDICT OF SPECIAL 'JURY 0 \ [llY TELEGRAPH—OWN CORRESPONDENT] PALMERSTON NORTH, Tuesday Found by a specially-empanelled jury in tho Supremo Court to-day to be so insane that ho could not plead to tho indictment, John Dillon Corrigan, aged 23, charged with tho murder of his parents, John and Ellen Corrigan, at Mangamahoe, on March 28, was ordered by Mr. Justice Ostler to bo detained in Porirua Mental Hospital during the pleasure of tho Minister of Justice. "It* seems to mo to be clear, both from tho evidence which I havo read and the depositions, that there is a question here which ought to bo determined," said His Honor, when tho caso was called. "I will assume for that purpose that accused did kill his father and mother. The evidenco is that accused was apparently insane at tho time and did not know the nature and quality of his act. If he is still so insane it seems clear he cannot plead to tho indiclment*and if he is still found to be suffering from the same delusions I think tho proper course is to empanel a jury to decide whether he is sano or insane." Counsel for tho accused staled that it was for tho Court to hear the medical evidence available to decide whether accused was fit to plead or not. Question of Future Trial Counsel added that ho would not put forward his personal impressions, but stated that if accused was found unfit to plead it seemed clear under tho Mental Defectives Act ho would be detained until such time as he was fit to plead. ll© would bo liablo to be brought to the Bar at a time when evidence now available to help him might not be obtainable. His Honor observed that if accused was found unfit to plead, although in law it was a fact that he might be called upon to plead at a later date, thfit actuality in practice wa3 so unlikely that ho thought it did not call for consideration. Tho Crown Solicitor intimated that he proposed to call medical evidence by Dr. Blair, assistant-medical superintendent of the Porirua Mental Hospital, and Dr. Ilosking, of Masterton, to establish whether accused was sane or insane and to submit a report on the same matter from Dr. Williams, superintendent at Porirua, to the jury. Counsel for accused agreed to the adoption of this course under tho provisions of the Mental Defectives Act, and a jury was empanelled. Outline of the Facts It was pointed out to the jury by the Judge that their function was to determine only whether accused was so insane that he could not plead. Tho Crown Solicitor stated that accused was charged with a dreadful murder, that of his parents. It appeared that the Corrigan family, of which accused was one, owned a farm at Mangamahoe, 33 miles from Pahiatua. On Sunday evening, March 27, some of tho family went out and tho others retired early. All were "in bed by midnight, j but at 2 a.m. tho children wero aroused by tho sound of a gun shot. On investigating they found their parents wero dead, having been shot apparently by their brother '(accused) while he was insane. 110 was removed in custody and had been under observation at tho Porirua Mental Hospital. The authorities there considered him quite insane and to havo been insane when he committed the murder. , Dr. Blair, assistant-medical officer at Porirua, gave evidence that he had examined accused on his admission. Accused had since been examined. Tho most prominent feature in the case in the opinion of witness was that accused suffered from morbid suspicion amounting to delusion. His attitude toward witness and other doctors was that they were trying to trap him into a confession of guilt. Ideas of Persecution Accused had maintained that attitude throughout, continued witness, and could not' be moved from it. He would not discuss tho matter and had at first denied that Dr. Dawson, of Pahiatua, had ever been to see him. Later he said he had nover complained that his food had been tampered with. Examined by counsel for accused witness said tho altitude of Corrigan toward tho doctors had been that it was for the police to provo tho charge. Accused had apparently included tho doctors among his persecutors. Accused had believed his parents, wero trying to do him an injury and that he had committed the act in self-defence. Dr. Dawson, of Pahiatua, had suggested in December, 1930, that accused should not have access to any dangerous implements and should be confined in a hospital fo? observation. Tho opinion of tho doctors was that accused was suffering from adolescent paranoia, an early featuro of which was inability to distinguish right from wrong. Assuming that accused committed the act he could not bo held legally or morally responsible for it, said witness. An injustico would bo d(sno in asking him to plead. Dr. Ilosking, of Masterton, stated that he had given cvidonco at tho preliminary hearing in tho Lower Court against accused. During tho whole day's proceedings lie watclied accused, who was dull and his faco showed lack of emotion. The Crown Solicitor: Would yon consider ho was mad at tho timo of tho minder ?—IIo was irresponsible. His Honor: Do you consider he is quito insane ?—Yes. Jury's Brief Retirement Counsel for accused, supporting (he suggestion of insanity, addressed tho jury. Ho briefly indicated the naturo of tho evi; donco and the actions of accused in cooking his own food prior to tho tragedy owing to suspicion of an attempt being made to poison him. Ilis Honor stated thnUthe jury had not to decide whether accused was guilty or not guilty, but whether he was so insane as not to bo ablo to plead. His Honor read tho evidence given by Dr. Dawson, of Pahiatua, in the Lower Court, stating that he would havo preferred to havo certified accused insane in December last and that ho considered accused might possibly commit suicide. His Honor quoted from tho report of Dr. Williams a statement that though accused at tho time of tho actual murder might havo understood ho was killing his parents, he did not know tho quality of tho action and did not realise that ho was committing culpable homicide. "It seems to me that if this man was so insane at the timo of tho deed that he did not know he was doing wrong and the insanity has continued right down to this morning, it is difficult to say whether ho could plead," commented His Honor. After a retirement of nino minutes the jury found that accused was so insane that he could not plead to the indictment. His Honor ordered accused to he confined in Porirua Mental Hospital 1 until tho pleasure of the Minister of Justico was known.