THE FOXTON TRAGEDY.

NZ Truth, Issue 218, 28 August 1909, Page 5

THE FOXTON TRAGEDY.

HEDLEY NYE INCAPABLE OF PLEADING.

The Delusions of a Degenerate.

A Patricide Sent to Poriraa.

The Supreme Court at Palmerston North was crowded on Tuesday last,. when Hedley Wye, the deaf and dumb mute who shot his father at Foxton, was brought up for trial. Mr Justice Gooi*er occupied the Bench, and Lawyer Wilford, instructed by Mr C. Dix, appeared for the defence. Lawyer A. Loughnan was Grown Prosecutor. The proceedings, contrary to anticipation, were cut down to a determination of the question as to whether accused was fit to- plead, and the jury reckoned Be was jiot. Before -bfoe empanelling oi the jury Mr Wilford asked that the jury try three issues—(l) Whether accused was mute by malice or act of (rod ; (2)" whether he was able to plead or not ; and (3) whether he was sane or not. Counsel said, he had all bis evidence ready, but be would like to know what the procedure would be. He did so because the case was THE FIRST OF ITS KIND m the Dominion. His Honor said that ,the jury would be sworn afresh to determine (1) whether accused was mute by malice of on the visitation of God • and (2) whether he was a lunatic and unable to plead--Lawyer Wilfofd mentioned a case' m 1853; where the Judge had asked that the medical evidence, ola mute shdutd be taken m camera. His Honor said it would not be done m this case. The jury was then empanelled, and consisted of Alfred Clark (foreman), Victor Penman, Cornelius McGrath, August Andersen, Wm. C. Fetiton, W. A. Kenall, Ohas. Jefiries, H. S. bairfiwright, Ernest Hdribrook, blaf Muller, Nobel D. Clinton, and Walter J. Capp. On the first count Mr Wilford called Archibald R. Osbourne, uncle of accused, who said he had never known accused but as a deaf mute. Joseph K. Stevens, director of the School for tfie Deaf at Suraner, said that accused entered his institution m 1897. He saw accused on Monday night and found he had deteriorated very much. He had come to the school deaf and dumb and had been taught to articulate. Attempts by witness to communicate with him had been only partially successful.: Questions of &■ simple nature accused could answer, but not those of a complex nature. He was. of opinion that it would be impossible for accused to understand the proceedings m Court. Accused understood the proceedings ( to a certain point and knew he was to be tried, but did not understand the gravity of his offence. .He had been with accused! for two Jjoufs the previous night and could • ■ :N6t.MA;KE HIM UNDERSTAND. Dr. Crosby, of Mount View Mental Hospital, certified that accused was a deaf mute. . ' The jury, on his Honor's direction, found that accused was a deaf mute by the visitation of (rod. Mr Wilford said he was satisfied to' have' the same jury that tried the first count to try the second. He would endeavor to prove that accused was suffering from two delusions, which were fixed. One was that wherever 1 he was there were hundreds of blood-red .babies issuing from him. He then read the following conversation with accused the previous , night:— | Can you see a'riy babies to-night ?— ■ I Yes, on the ground ana about. How many do you see now ? —About eighteen. Where do tiiey come' from ?r—From me. What color were the babies ?—Red, so red, with fair — , Can Mr Wilford see the babies 1— Nobody but me. Where can you see the babies now ?— In the room. I cannot see 'them ? —Not all, only me. Is your father still alive ? —Yes. Have you seen your father since the shooting. ?—Yes. Did you go to Levin ?—Because I was fled wrth 'fright. . , What were you frightened of ?—Not anybody. Have you seen your father since you shot him ?—JS'o ; accidentally now. .Mr Wilford then went on to give further details of accused's delusions. He again called Dr. Arthur Crosby, of Mount View Asylum. Witness said he-had visited accused m his, cell on Monday night. Insanity was< 6f more frequent occurrence among deaf mutes than normal people. Accused had delusions regarding babies coming from him, and the delusions were well defined. In reply to a question by witness, accused replied, "I was shoot my father on purposely, BECAUSE HE WAS KILLING- THE BABIES." During the interview accused was like a caged animal. He could not concentrate his thoughts, and witness thought accused was going to aWack him. In reply to Mr Wilford, Dr. Crosby said •m his opinion accused was a lunatic and unable to plead arid could not uitderertand the proceedings. Dr. Gilmer (Wellington) and Dr. Mar- j tin. (Palmer ston) corroborated; . ' Further evidence was given by Mr J. j E. Stevens, of the Sumner School, as to ! accused's conduct whilst at the school. He said accused was now quite a differ- \ ent boy to what lie was when he left the school. The gardener at the school had once complained that accused had I threatened him. Mr C. Dix. the family solicitor, gave j ! evidence as to accused's growing lack of •; I comprehension. He also gave evidence as ' to accused's impression that He was connected wrfch Royalty. His Honor, m directing the jury, said that the question before them was not the mental condition of accused on the day of the alleged crime, but his condition to-day. The law,, of the countryprovided that no 'person should be put on . his trial if incapable of understanding the proceedings. To his Honor, the proceedings seemed-to show that tbe trial of accused would be quite contrary to the spirit of the law. The case, to his mind, was one more for pity and compassion than lor blame. . j The jury, without retiring, found accused insane and incapable of pleading. His Honor "then committed accused to the Porirua Mental Asylum during the pleasure of the Minister for Internal Affairs. j J j ! |