MURDER OF ALICE NEWMAN.

Otago Daily Times, Issue 14699, 6 December 1909, Page 4 (Supplement)

MURDER OF ALICE NEWMAN.

e DEATH SENTENCE PASSED, ( CHRISIGTJURCII, November 17. ! The 1-riul ot Roberts on u charge of ' jmnxlcring Alico Newman was opened at ' tho Slipiomc, Court i(Mla.v bclore Mr ' Justice JJeimistoii. The accused pieaxled "Not guilly," and ' .was defended by Mr \V. J. Hunter. Mr T. W. Stringer (Ciown Prosecutor) appeared (or thi! Crown. The Crown Precentor said that the evidonco would edtnblisli that the girl met ' her deatJi It the hands of the prisoner. . i (She had been employed as wait re.-* at the '. -fciilver Grid Restaurant, kept by Mr !•'"Bums, tor some itiuic. She had lived a man named Head as his wife, and 'jehad Inid a child to him. She had a great [ Hhmviy 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 lo the .Silver Grid ' on the sight of the murder, and tlie con- ; versatioii which iie had with Warwick. I Tlio girl had evidently been shot willt a ' • revolver in her own room. The prisoner ( was not seen to go thiongh the main • . building after th.: tragedy, but after using ' tlio weapon he totild have gone along cither ol two corridors and down either i of two fire cseaoes. The movements of ':' ihe prisoner before and alter the commission of the murder were outlined, and < ■ .counsel,read a letter which accused wrote i '• i to Mr 'Duin.-, and which contained some 1 \ '.important slatoincuts. The only possible ' "'defence was tint the prisoner was not [...responsible for his actions, and that he ; [•'was entitled to be acquitted on that |~ ground. The onus of proving that, howj over, rested on the defence. I 111 opwiing for the defence, Mr Hunter 1a submitted that the Crown had failed to Kbliow that Roberta had not left the Silver p-"Grid on the night of the murder, after b saying he would see the witness Warwick Rat 8 o'clock next morning. There was fttilso nothing to show thai Roberts had a V revolver on him when he was a-t the Silver <irid. Another significant fact was that •■ there was no blood found on the prisoner or on liis clothes. Further, his whole con--1 duel was inconsistent with the cominis- ; s-ion of a bratal murder In regard to the incriminating letters, it would be submitted that there \wi< no confession con- ■: taincd in them. The letter which the ■ constable-said the pi-tamer was writing in ■ (lie Prebbleion Hole! when arrested was simply one duHo <nicida! tendencies, and ith-.ul refei'ei'.«'C tolii<; ,nvn prnpnyed suicideThese letters were in the prisoner's possession befoie the tragedy tool; place. Tlio evidence was not- sufficient to prove beyond all reiic-onable doubt that the prisoner had" committed the clime. There was also the defence that the prisoner, if lie did commit the crime, was not responsible lor his actions, and evidence would be called to show that he had not. a reasonable or oidir.ary degree of mentality. November 18. His Honor said the questions which the jury would have lo consider were: (1) Did I ho accused kill Alice Edith Newman? (2) Is it proved to you that he was at the time labouring under a disease of mind to such an extent- as to vender him incapable- of understanding the nature and quality of the actand of.knowing that such an ait was wrong? It sueined lo Iv plain that" the accused was one of those unfortunates who were described as degenerates. That, however, was not a. sufficient defend. The mere fact that- his moral and mental condition were inherited conditions or caused by his own habits Wiivs not- sufficient, and that was not ihs position taken by medical witnesses. They said that his mental and physical condition was consistent with epileptic habit and tendency, and that was strengthened by his actions and his family history. Thev held out n series of possiblities that the 'act was the result of epileptic insanity, and the jury bad to consider whether thev had met- the severe standard laid down bv law. The medical men advanced the possibility that the act might, instead of being purposive and deliberate, have limii sudden and unpremeditated and the result of epileptic impulse. They assumed that the nceu6ed went- to the lions* with the. idea of intimidating, and that- being overcome by impulse, he might commit tho act unconsciously. These point* should l» considered carefully by the jury. In tonelusion'bis Honor'said that it was quite within the power of the jury, if they were not satisfied jvith thp second issue,

to make any observation as to the character of tho man's mind and conduct. Tho jury returned a verdict of guilty. The. foreman udded that ifc was deaired to maka u very strong recommendation to mercy. The evidence shows that prisoner is not in possession of normal mental or physical faculties, and there is very grave doubt- as to whether he was capable of understanding the nature and quality oi the act or that it was wrong. His Honor: You went on my direction that insanity must be proved? The Foreman: Yes. In reply to the registrar t-lie accused said '■ that he. was 21 years of age. I " Have you anything to s-iy why sentence should not l>e passed on you ac- I cording to law?" he was asked, but no , reply was made. j His Honor then assumed the black etip and pronounced sentence of death. Beyond a twitching of his mouth and an unnatural brightness in his eyes, the condemned man gave no sign of emotion. IMPRISONMENT FOR, LIFE. CHRISTCITURCH. November Vtß. | A telegram from the Minister of .Justice | was received to-day by the Lyttelton Gaol I authorities ttating that bis Excellency ■ the Governor had been pleased to commute the death sentence (Kissed, last week on Arthur Roberts for the murder of Alice Newman in the Silver Grid Restaurant to one of imprisonment for life. I REASONS FOR A REPRIEVE/ I WELLINGTON. November 29. j In the House this afternoon Mr LaureiiKiu asked (he Prime Minister what were the reasons for the reprieve of the man Roberts, who was recently sentenced to death in Christchurch for the murder of a girl, Mr Laurenson said he. had been asked lo put the question, as (here was a strong feeling against the reprieve on the i part, of » large section of the community, f who believed that, the murder was of a very cold-blooded nature. The Prime Minister, in reply, elated that the Government was quite unanimous in arriving at the decision. He also mentioned that his Excellency the Governor presided at the meeting of the Executive Council at which the matter was finally dealt with. The Governor himself had gone through the papers, and after doing so he had come to the samo conclusion us the Cabinet. The Administration had come lo its decision in the first instance partly from the report of the judge, partly from the report of the doctor who gave evidence in the case, and partly from the. recommendation of the jury itself. The Cabinet- had dealt with the whole matter with a full recognition of the responsibility cast upon it. The medical evidence showed that Ihe man was physically, morally, and mentally a degenerate. Sir Joseph Ward said he had just rereived a note from the Minister of Justice to the effect, that Judge Denniston bad called upon liim that morning and had elated thai he entirely approved of Ihe commutation nf the death sentence to a sentence for life.