ATTEMPTED WIFE MURDER.

Otago Witness, Issue 1956, 20 August 1891, Page 12

ATTEMPTED WIFE MURDER.

Chbistchubch, August 12. • The Supreme Court was occupied to-day with the case of A. B, Moss, charged with the attempted murder of his wife at Ashburton. Prisoner pleaded not guilty. The evidence waa much the same as that given at the Ashburton B.M. Court.

Dr Tweed said, after hearing the evidence of Mrs Moss, that prisoner's demeanour was not that of a sane man. The aot was preceded by each symptoms as to make him suspect the prisoner's sanity. He had no opportunity of knowing what was Moss' state at the time the aot was committed, but he thought he (Moss) knew he was doing wrong, as he was perfectly clear mentally just after the act. In crossexamination the doctor said he did not think it consistent with prisoner's suffering from homioidal mania that such a comparatively trifling wound, considering the weapon used, should have been inflicted. The surrounding circumstances did not give him the impression that Moss wa3 insane, bat the contrary.

Dr Trevor said there were no symptoms of intellectual insanity. Moss laboured under one delusion during treatment, bat in other respects he answered questions intelligently. He likely knew the nature and quality of the act,, bat he was suffering from impulsive insanity — in fact, was in a state of frenzy and unable to resist the impulse.

Mr Stringer, in opening the case for the defence, stated that the main points of the case were not denied. There was no dispute that prisoner had committed a serious assault upon his wife, with intent to kill her and himself. The defence was that at the time of the commission of the aot prisoner was irresponsible.

Dr Moorhoase said that he attended prisoner in January last. His brain was diseased. Illness would make him sensitive to worry and mental anxieties. Having heard the circumstances, witness considered it probable that prisoner did know the nature of the act, bat could not resist the impulse. Witness was under the impression that Moss tried to resist the impulse, for the reason that the wounds were so slight. He thought the ciroumatances of the case were consistent with insanity.

William Widdoweon said that prisoner was always very cxci fable, of nervous disposition, and suffered a good deal from sleeplessness and pains in the head.

John Stephenson, stationmaster, Ashburton, said that at the interview previously mentioned he had remarked that pri&ocer was off his head, and should be looked after, for fear he would commit suicide.

Mr Stringer then addressed the jury for the defence.

The jury after five and a-half hoars' retirement failed to agree on a verdict, and were looked up for the night.

Aogusfc 13. In the case of Moss, charged with the attempted murder of his wife, the jury, after being locked np all night, failed to agree and were discharged. Another trial was commenced at once, and the second jury after one hoar and 20 minutes' retirement returned a verdict of "Not Guilty," on the ground of insanity. Moss was ordered to be confined till the pleasure of the Colonial Secretary is known.