DEATH SENTENCE

New Zealand Herald, Volume LXXV, Issue 22955, 5 February 1938, Page 16

DEATH SENTENCE

THE ARUNDEL MURDER SMITH FOUND GUILTY "I AM NOT AFRAID" JUDGE COMMENDS POLICE [BY TELEGRAPH —PRESS ASSOCIATION'] TIMARU, Friday Found guilty by a jury in the Supreme Court to-day of the murder of William Gaby, Randall Reginald David Smith, aged 26, was sentenced to death by Mr. justice Nortlicroft. The defence submitted that accused struck deceased, but without any intention to kill, and urged that a verdict of manslaughter should be returned. The Judge's summing up occupied 75 minutes. His Honor dealt extensively with the evidence. Issues for the Jury When the jury retired at 3.30 p.m , the Judge submitted the following issues:— (1) ]s the prisoner guilty of the murder of William Gaby at Arundel, on September 10, 1937, in that he meant to cause the death of the said Gaby? , (2) Is the prisoner guilty of the murder of William Gaby in that he meant to cause bodily injury which was known to the prisoner to be likely to cause death and was reckless whether death ensued or not? (3) Is the prisoner guilty of the murder of William Gaby in that he meant to inflict grievous bodily injury for the purpose of facilitating resistance to lawful apprehension.' (4) Is the prisoner guilty of the manslaughter of William Gaby?

Definition of a Term After a retirement of nearly an hour and a-half the jury returned and asked for a definition of the terra, "Lawful apprehension." The Judge explained the definition according to law, but the foreman of the jury replied thab the explanation hardly cleared up the point. The foreman then submitted a further written question to the Judge, who said it was not necessary for Gaby to indicate to the accused his intention of apprehending him, as he lawfully had the right to do. if the accused assumed that it was Gaby's intention to apprehend him and the accused used violence for the purpose of resisting him, then the accused was guilty of murder, whether he knew or not that death was likely to result. The jury retired again and returned at 9 p.m. after a total retirement of five and a-half hours with a verdict of guilty on the second issue. His Honor: That is a verdict of murder.

Prisoner's Remarks "When asked if lie had anything to say the accused said: "I have nothing to say regarding the sentence of death, but I have something to say regarding the Judge's summing up, which I do not think was very fair to the defence. So far as the death sentence is concerned, I am not afraid of that in any way." Addressing the jury the accused said: "I thank you for your verdict, which you naturally think is the correct one, but in my opinion it is not a sane one. I could say more, but I will not do so in the meantime." ' The Judge then donned the black cap and pronounced the death sentence. When he finished the accused said, "Thank you," and strode boldly from the dock. ; Jury and Police His Honor thanked the jury for their careful and painstaking attention to the long and trying inquiry. He said it might comfort them to know that he agreed entirely with the verdict. Ho directed the registrar to see- that they were excused from jury service for two years.

His Honor added that the police v force were to be commended for their verv thorough researches in connection with the matter. Some had more than others to do with it, but the result was the outcome of a well organised service and reflected credit on the force as a whole. It had been well said that the sure and speedy detection of crime was a more potent deterrent than punishment. In this case the polica force deserved the commendation of the community for the rapidity and completeness with which it had discharged its duty.