GREY LYNN TRAGEDY

Otago Daily Times, Issue 22101, 3 November 1933, Page 7

GREY LYNN TRAGEDY

TRIAL OE J. H. EDWARDS A VERDICT OF GUILTY SENTENCE OF DEATH PASSED (Per United Press Association.) AUCKLAND, November 2. The evidence of medical men on the question of the prisoner’s sanity continued to occupy the court to-day, the fourth day of the trial of John Hubert Edwards on a charge of the murder of Mrs Christian Cunningham at her home at 111 Crummer road, Grey Lynn, on August 16. Dr Buchanan, superintendent of the Auckland Mental Hospital, was asked by Mr Justice Herdman: Did he strike you as being honest in his answers during your interviews with him? Witness: I did not think his statement that he could not remember certain things was honest. Would you certify to his being insane? Witness: No. Dr G. M. Tothill endorsed Dr Buchanan’s opinion. He said he thought the accused was neurasthenic. Emotional instability was one of the symptoms of neurasthenia, and people eo suffering were quicker to fly into a passion than normal people. Witness had no reason to believe that at the time of the killing the accused did not know what he was doing. Witness thought his acts were conscious acts.

Cross-examined, he said if it were proved that the accused had suffered from hallucinations and delusions, he would have to alter his opinion. Dr Gribbin and Dr Tewsley, medical officers to the Auckland Prison, both said thpy considered that the accused knew what he was doing. This concluded the evidence.

His Honor, whose summing up occupied half an hour, said that apart from a few acts of eccentricity there was no evidence that the accused had prior to this crime been guilty of violence to anybody. Witness had stated that it was his habit to sing at odd moments. He had strong political convictions and he was a vegetarian,' but many people were vegetarians, sang in their bath and had strong political convictions. Yet it did not follow that they were irresponsible. The jury was asked to believe that the accused bad delusions and was so unbalanced f hat he did not know what he was doing. The law as to insanity was the same in New Zealand as in England, said his Honor. If a man committed murder he was presumed to be sane unless the contrary was proved. The defence might prove that the accused suffered from a disease of the mind, but that w.as not sufficient. The disease had to be of such a character that the accused would not understand the nature and quality of the act he was committing. Such a-law was necessary in the public interest. Tens of thousands of people might be suffering from diseases of the mind, but that was bot to say they constituted a menace. Continuing, his Honor said the accused went to Cunningham’s home wearing pyjamas under his clothes, obviously with the intention of staying the night. He slept there, asked for his breakfast, had a shave, and went out with Mr Cunningham. None of those things proved insanity. If he wrote the “ death pact ” letter before committing the murder it was very strong evidence that he had made up his mind to destroy the woman, for why should he write “ The death pact. We die together,” if he did not intend to kill her? The defence claimed that he wrote it after the blows had been struck. If that were so he must then have gone to the daughter’s bedroom, opened the drawer, taken out a writing pad, sought a pencil and deliberately written those words, afterwards placing the pad on top of the gas meter. Was that consistent with the theory that he did not know what he was doing? Was it likely a man would write such a letter and not know what he was doing? j It was no proof of innocence that a man committed a crime as the result of tin uncontrollable impulse. Reviewing the medical evidence, his Honor said three witnesses for the Crown had had a very wide experience in mental diseases both in England and in New Zealand. “ They all declare that when the crime was committed the accused was not suffering from a disease of the mind which might disable him from understanding the nature and quality of the act, and they declare that when he did it he knew he was guilty, ’ said his Honor. “If you accept their evidence the defence of insanity fails.”

The jury returned a verdict of guilty with a strong recommendation to mercy, and Mr Justice Herdman then pronounced sentence of death.

During the trial evidence was given by 20 witnesses of whom two were medical witnesses for the defence and four were medical witnesses for the Crown, The jury retired at 3.30 p.m. and returned at 5 p.m.