MURDER OF ALICE NEWMAN

Otago Daily Times, Issue 14684, 18 November 1909, Page 7

MURDER OF ALICE NEWMAN

Roberts on trial.

(Pee United Pbiss Association.) N '

CHRISTCHURCH, November 17. Tho trial of Roberts on a chargo of munlenng Alico Nowmaai was opened at the buprems Court to-day betore Ml' Justice Denniston. The gaJlery of the courtroom was almost fully occupied during most of the day, among thoso present beuig several lsdiw. The appearance of the accused has not noticeably altered since liis arrest, though he is less spruce aaw dapper-looking Itlhan when lio first caine before the Magistrate's Court. His position did liot seem to weigh h c ;iv ily upon him, When lie entered the dock there was a nervous twitching perceptible About the uiouth, but this disappeared in the course of a few minutes. He was permitted to sit down m tfc dock. He evinced only mild interest in the evidence, only occasionally raising his head and regardwg tho witnesses with a gaze that indi- ! cated that their testimony was interesting

.The accused pleaded " Not guilty," and m as b y Mr W. J. Hunter. Mr I. W. Stringer (Crown Prosecutor) anpeared for the Crown,

The Crown Prosecutor said that the evidence would establish that the girl met lier death at the hands of the prisoner. She had been employed as waitress at the Silver Grid Restaurant, kept by' Mr Bums, for some time. She had lived with a man named Read as his wife, and had had a- child to Km. She had a great many admirers, among them being the prisoner. He evinced a strong jealousy of anyone having anything to do with the girl, and had interfered with people who went out with her. Counsel detailed the visit of the prisoner to the Silver Grid on the* night of the murder, and the conversation which he had with Warwick. Hie girl had evidently been shot with a revolver in.her own room. Tho prisoner was not seen to go through tho main building after tin: tragedy, but after using the weapon ho could have ,40110 along 1 either of two corridors and down either of two fire cscapes, The movements of the prisoner before and after tho commission of the murder wero .outlined, and counsel rend a letter which accused wrote to Mr Burns, and which contained some important statements. The only possible defence vvas that the prisoner was not responsible for his actions, and that lift Was entitled to be acquitted on' that ground, The onus of proving that, however, rested on the defence, and it was lor his learned friend to establish affirmatiielv that the man was not responsible. Responsibility for wrongs was clearly defined by the Criminal Code, and that was the test that would have to bo applied in this caso if the defence set up Iliat the prisoner was an irresponsible person. If tho defence was that the prisoner was labouring under imbecility and disease of mind to such an extent as to render him incapable of distinguishing between right and wrong, tho proof of that would have to depend on the facts of the case and tho medical testimony that the defence would be able to produce. In opening for the defence, Mr Hunter submitted that the Crowr had failed to show that Roberts had not left the Silver Grid on the night of tho murder,, after saying he would see the witness Warwick at 8 o'clock next morning. There was also nothing to show that Roberts had a revolver on him when he.was at the Silver Grid. Another- fact was that there was no blood found on the prisoner or on his clothes. Further, his whole conduct was inconsistent with the commission of .a biMtal murder. In regard to the incriminating letters, it would be submitted that there was no confession contained in them. The letter which tlio constable said the prisoner was writing in the Prebbleton Hotel when arrested was simply one due to suicidal tendencies, and it had refernncc to his own proposed suicide these letters wero in the prisoner's possession before the tragedy. took place. The evidence was not sufficient to prove beyond all reasonable doubt that the prisoner had committed th© crime: There was also the,defence that tho prisoner, if he did commit the crime, was not responsible for his actions, and evidence would be called to show that he had not a reasonable or ordinary degree of mentality.

Evidence was then given as outlined by cottn.se' for the accused.

Iho evidence for tho defence closed tonight, and the addresses of vill be heard to-morrow.