THE BALFOUR TRAGEDY;

Otago Witness, Issue 2170, 26 September 1895, Page 27

THE BALFOUR TRAGEDY;

THE TKIAL OF JOHN KEOWN.

SENTENCED TO DEATH.

(By Ouk Spkcial Rkportbu.) Invkhcahgill, September 25. The trial of John Keown for the mu*Ber ol Hugh Stewart, at Balfour, on July 20, was re« turned here this morning before his Honor Me Justice Willi&nu. Eighteen witnesses were examined during the Amy, 15 of these giving evidence for the defence. The whole of the evidence for the defence was called with the object of showing that prisoner was insane at the time he committed the offence, aud Sir Robert Stout, in addressing the jury on his behalf, relied so much upon the medical testimony in favour of tbe presumption that prisoner was suffering from alcoholic insanity at that time that he thought it uimecftwary to speak at any great length, liis addieas and the reply of the Crown prosecutor (Mr T. M. Mac* don»ld) were indeed both comparatively short, the two utterances not occupying more thaa three-quarters ot an hour. His Honor's sum* miog-up, however, was considerably longer, the. attention of the court be»Dg engaged by him foi an hour and a-quarbor. At length the jury retired, and after being abkent for two hours and a-half the foremae desired to know if the jury could bring ki c verdict of guilty with » recommendation to mercy. Hie Honor having intimated that they certainly could do no, the jury almost imme< diately afterwards returned a verdict) in til? form previously indicated by the foreman. His Honor, before pawing the death sentenoe, said it was not within his province to exercise tbo mercy that the jury recommended, or to mitigate the eeat«nco, but the recommendation to mercy would be forwarded to the proper aubhorities. The prisoner received tbe sentence apparently witfa great composure, and afterwards walked calmly from the dock. The flrsb witness called tc-day by tho Crown proaroutor was George Windue, who w«b recalled, and wh( stated that on tho Friday evening before Stewart was shot accused told him to let him know if Middlemus and Stewart came to the place. Or Donaldson, of Gore, deposed that he went to Keowu'a about a quarter-past 3 p.m. on Sunday, July 21. Stewart was then on a litter in a dray ready to start for Rivcrudale. Ho recognised, witness. He was taken to Gee'B Hotel at ttlvcra< dale, and about half an hour afterwards he appeared to go off into a deep sleep. After three honrß he became conscious, and seemed to suffer ■ great deal of pain. Witness injected morphia: and left him at midday ou Monday. He was then in the same condition as he had been previously— partially conscious at times and then laosing into deep unconsciousneaa. Witness returned ay 9at Bight, and was informed that Stewart had just died. Ou the fol'owing Wednesday, In company with Dr Bauchop, witness made a post mortem examination of tbe body. The cause of death was shock to tho Byjtem caused by wounds and injury to the brain. Ther« waa a compound fracture of the lower jaw on tho left side, and a contused lacerated wound on tho scalp, and the scalp was detached from the bone. The two eyelids were bruised and blackened, and on the left upper r.yelid was fl circular hole such as might be made by a No. 2 or No. J afeot. He ! found a similar opening in the left side of the neck immediately below the jaw. In, the frontal lobe of the brain was found a email hard anbstance, apparently a flattened shot, lying Imbedded, in the substance of the brain. Witness handed the shot to Detective Herbert. The external wounds could be accounted for by blows Boch ■* the witness Hornsey said had been inflicted uport Stewart. The injury to the brain, he thought, would be quite sufficient to account for death. If a medical man had been sent for earner Stewart's life might have been prolonged, but it was doubtful. The ultimate reauU could not bave be«n different. . , By Sir R. Stdut : A pellet of lead vi tnua brain did not always caaae death, but U did as a rule. He hardly thought that the pellet could have been extracted. It would have been neces* gary to remove half the brain to get at it. To Mr Maodonald : There was nothing else ta "p'ount for death but the injuries witness ha* " i)r Bauohop, of Lumaden, who aeaiated tb* last witness to make a post mortsm examiuaUon ot Stewart's body, said there was nothmg 10 the condition of the deceaecd to account for death ex«ff

the iujuiics that had boen desenbsd. He agreed ■with l>r Donaldson as to the cause of death and as to the conclusion that Stewarts life could not have been saved, although it might have been prolonged. This closed the caae for the prosecution. In reply to his Honor, Hr R- Stout said : 1 intend to call evidence ». -o the habits awd state of the accused. KlizaJane Cunningham, who was then called, de-nis-d that she was the mother of tho accused, who was nine years old when his father died. Bis father was 32 at the time of his death, and wit»«« married again. Accuted'R father and «n-»nd'ather were heavy drinkers. Hia uncle had Sad t-wnething wrong with his brain. "Mi Macdonald : Dotiß your Honor say that tnis e\ „',oi oc is admissible? .Hir Honor : I cannot say that :t is admisablo. Mr Macdonald submitted that it was not compittut to show that relatives of the accused were liuble to fits or to insanity in order to show that ike w*s, because tbeir trouble might be caused [by something else entirely and not be due to ■His Honor thought what the defence sought to establith was that accused was insane in the eye of the law. In such a case was it not competent to show that there was an insane taint in the family? itr Macdonald : I submit not unloes it can be clfarly established that there was sucn an b» refhiory taint. "His Honor did not see very well tha* he could BX.-Jude the evidence What the value of it was was quite another thing. If it could be shown that tfeere was a taint of insanity in the family that wae not cone-Wive proof of course that a man was i»s«nu. But waa it not a step in the j,r.-of? He felt quite satisfied that the evidence was admifs.blo, not as conclusive of the insanity of the accused, but as one of the steps necessary to the csse for the defence He would take a note of Mr MacdoD&ld'e objection. Witness, who then proceeded with her evidence, 6* • accused's uncle died at 30, and he wjw * fcr'i'lden to take liquor before he died. Accused i xr- t w rth an arcident to his head about six jeare a<*<> by "falling off a horse. Since the aocWent he iiud t>oen drinking very heavily and it had a very /bait < ffect on him He .used to talk a lot of Udnst-nee. He drank a great deal worse after the »c d-.nt than bbf ore. . .'•v Mr Mftcdonald : Witness got marnea the «• .- ,-.d time 37 years ago. Accused was about 22 v Ji'-«> he left witness's house, and he was now 49. He came out from Home a*ter he was murned, «nd sent for her four years afterwards, fhe had iwei! living near him for the past 10 years. Throe d >yt- after her son met with the accMent Dr Cox, L wbo was now in New South Wales, attended him. .The dector t<l ' him not to drink much as it ivould affect his brain. William Koown, brother of accused, saw the Jtittcr four days after the accident referred to by the last witueßs Accused did not know him then. Since tho accident accused had beeu rirink3ng badly and behaved very violently. He drank more ainc^ tho accident than before and he had always been tiupid since. One day about two years and n-balf ago a black bull came into the yard and acrus'd snid, " Old boy, 111 have to put you out of it." He then got the gun and snapped the cap twice, but it would not go off. Accused ijhen filled the bairels with water, and put the gun in the fiiv with the charge still in the gun. Shoitly aferwßrdsthegup exploded, and the bullet weut through the partition. Accused was not dniuk at the time, but he had been drinking. "iv Mr Macdonald : Witness did not know v „ethei"a:cused had been drinking on the day the «un exploded, hut he might have had some driuk. — " Susan Keowa, wife of accused, stated that she ha<! been married 28 years. She had 10 children, and one o-fUhem had been in the atylum. Her husband met with an accident in January lfc&*9 by . ialling from a hoi>e. The doctor told her that he tad a slight concussion of the brain, and he wan ■■unconscious for more than 12 hours. He wan n./t sensible for a fortnight after he wm brought 3uonie. He did Lot know his own sons, nor did he ■know that be was at Lome, although he was able to walk about. Since the accident he had been •very much given to drink. The last year or two he was more or leas drunk every day. Witness often spoke to him about it, and he said he had no control over hinneJf. Sometimes he drank over two bottles of whisky. When under the influence of liquor he was very excitable, and did not seem to care what he did. He oft*n threatened witness' life. Some of her iinns loft home on account of his conduct. He bad also threatened to take his omtj life, and sometimes he fancied he was talking to people, although there way no one prc-ent. Thia sometimes oeniired whsu he was drinking and sometimes a'tei ward*. He was often afraid to go through his own p.*ddork&, aa he was frightened to trust himself. He waa aluo very violent to animals at times. She had Been him take his knife .out of his pocket on several occarions and stab the koreos. This kind of conduct had continued for the last six years, and be had been getting gradually worse On July 6he got itwo gallons of whisky from Dunedin, »nd it only lasted five days. The result was that ho bad delirium tremens, and went about for three days without any boots on. When Stewart stayed at the house he was treated like a guest, and had the best of. everything in the house. After the judgment was obtained against him and up to the time of shotting, her husband was generally drunk and always had his own way. He had no food for two days, and •did not speak to witness. He waa also very melancholy. On the Friday before Stewart was Bhot he had two bottles of whisky. He also had a bottle on the Saturday. On the Thursday be asked for the gun and said he wanted to do away with himself. He got up in the night and walked about with only his drawers and shirt on. He thought people were stealing his oats and chaff. On the Saturday he went to Bleep in the middle of the day. On one occasion he injured witness in the ribs and he did not know anything about it. He said he was very sorry. Once he drank ati embrocation and at another timo neat's foot oil. By Mr Macdonald : Accused was easily provoked, and it took very little to make him violent. Before tbe accident he was always a little excitable, but never used any brntality. About a fortnight after the accident the doctor told witness that he would go wrong in his houd if he continued drinking. Once her husband iniured her so that sbc was unable to go about her work for three weekß. He was very seldom Bober. She flid not remember « wee* during the last two years when he was a cane man. There wasnot a dayduring tbe last three months when he had not more or loos drink. He was always that excitable that one could not tell whether he was drunk or sober. Witness did not know whether her husband irtve Instructions on Friday night that he was to be told when Middlemißs and Stewart came She t rould not swear that she heard a &hot early in tbe ' morning. Her husband did not tell her anything < ibout it. She could not say whether he had the {fan. He had been up three or four times during vhe night, walking about without any clotheß on. He slept until 9 o'clock on Saturday morning, and te sent for a bottle of whisky during the day. Be was so excited during tbe day that she had to to with hinji to feed the pigs to please im. . v he did not see him with the gun nor be&T him shoot Stewart. Sho often «pnke to her children and her husband's mother aud brother about tending him to an asylum. but>-he always hoped he would get better. She lived in fear and trembling, and although she knew it was necessary to confine her husband she did not like to do it. To Sir R. Stout : The diary produced was written by witness. One entry iD the diatyon Jamistry £5, ISS9, referred tc the accident to the accused, and etated that he was waiidering in his he'd and did not know that he was at home. Wituess remembered her Bon James getting his lian4 cut in April ISH4 Her husband wu going abont with a knife, and tried to ill-use her son. Accused bni\ to be tic 1 d ,\vu. as be was so violent. Jauies Keown, son of ru' • mi, t.vo evidence as to setting his hand cut bj hit father od the occasioi) referred to by last witness. During the last six yeara he had noticed a great change In his father, who vnw much more violent than he used to be. On one occasion he remembered his father getting up and goiDg out with only his drawers and shirt on. Accused 6aid somebody was stealing his chaff, but there was no one there. Peter Bryco, blacksmith, of Balfour, who had fcnown Keown for about 11 years, said accused

had been more violent during the last five years than formerly. One day two dogs started to fight in witness's shop, and accused got excited and picked up a piece of iron and lut Cunningham over ■the hi ad with it. Witness never saw accused go home without liquor. Sometimes he had one bottle of whisky and sometimes two bottles. Lately accused seemed like a in an' man when he get drink and wab very easily made pugiy. By Mr Macdonald : Before the acoident accused was looked upon as a man of ha-ty temper, but he never *aw him out of temper before then. { Joseph Cuuningham, farmer, of Balfour, stated that he was a half-brother of the accused. Since the accident accused was very easily excited and very foolish. Witness could not say that he drank more since the accident, but it made him wilder and rasher. He corroborated tho evidence of Brycc an to Keown hitting him over the head with a bar of iron in the blacksmith's shop. William Denker, contractor, of Rivoradale, gave evidence as to seeing Keown in Gee's hotel after the accident. Acciu-ed was then unconscious. Witnots drove him home the next day, and as they passed the houses of people whom accused knew he aoked the names of th« people who lived there. He »Ibo §*id he felt something wrong with hie h*-ad. Since the accideut drink had more effect on him thuu before. John M'Douc^ll, blacksmith at Riversdale, gave evidence as to accm-ed meeting with the accident already re f errtd to. Jos«ph Smaill, butcher, residing at Riversdale, knew Keown since 18S0. Since the accideut accused always looked sort of foolish or half "tight," but he alw»y»i seemed sensible before. Drink had the effect of making him foolish — in fact, mad. t John Harper, labourer, who sometimes worked for the accused, also gave evidence as to hits peculi«r conduct on various occasions. David Richardson, hotelkeeper, of Gore, who had known accused for about three years, said when he came to his house he behaved like a maniac. Wht-n he was asked what he would have to drink he would say he would have an empty glaes. Then he would throw the glass down and break it. Witness never aaw him drunk in his life. | lerence P. Finn, solicitor, of Invercargill, who was in command of the Southland Hussars in 1887 and 1888, deposed that accused was a member of the troop, and waa sometimes *o excitable during the movements of the troop that he had to send him away. John Kennedy, dealer, also gave evideuce as to accused's conduct upon different occa'ions. Dr Young of luvercarg'll, who was called as an expert ou insanity and nervous diseases, said, aßfeu tning that there was an injury to accused's brain, that be indulge.d excessively iv liquor for years, and that there was evideuce that he had delusions, that uretty clearly indicated that he suffered from what was described in the text books as acute alcoholic ma-iuT A man in that state would bo liable 1o violent outbursts of temper, and be would not cm II him pane. Heredity Wf-uld have some effect i,i jirorlnring such a state. A di-ptsition to diink was v< ry often tratibinitted from generation to generation. A man who was continually drinking and suffeied from an injury to the braiu would act on a sudden impuLe, and witness would not be surprised to learn that he had forgotten what he had done. By Mr Macdonald : Witness examined prisoner on Sunday and Monday Ust with a view of forming an opinion as to hib condition His opiuion was that the man was at presented f<jctly siwieso far as he could make out. If he suffered from alcoholic mania it mu-thaye been temporary. Mr Macdonald: AeKuiniug the fact« ftated by the witn&'Bee for the defence to be true, can you say that the accused was suffering from alcoholic mania? Witness; Yes; on the whole I formed that opiuion from his wifu's statement end the statements of others that he answered to the description of n fair average case of acute alcoholic ! mania. This concluded the evidence for the defence. Mr Macdonold asked and obtained permission to call rebutting evidence with regard to the question of insanity. He called Dr M'Liod, gaol suigcon at Invercargill, who examined accused when he was brought to the gaol, and aleo on Saturday and Sunday last. He ooulti not detect any evidence of insanity at all. If, however, all tho statenv nte made by the witnesses for the defence weje true there was an indication of alcoholic insanity. The statements quite fitted in with the symptoms of that disease described in the text books. Sir Robert Stout, in addressing the jury on behalf of accused, said he did not think, after bearing the evidence of the two doctors, tbat they would take long to consider their verdict. The 1 questions they had to decide were really these : ; The first qucutiou was, Did Kcown whilst s»ne intentionally kill Stewart? He suhmit'ed that after hearing the evidence of the doctors I they could not come to that conclusion. Then, if they came to the conclusion that Keown was suffering from alcoholic insanity at the time he fired the shot, they would say th»t he waa insane at the timt he did it. Another question was : Did he intentionilly shoot Stewart or not? If he did not mean to kill him or do hint any id jury to cause his death, then they would find him guilty of manslaughter only. But he Qearned counsel) thought that they would come to the contusion that at the time this shot wm fired Keown p<acticaUy did not know what he was about. What was the history of the prisoner? His father drank to excess, and died comparatively young. Then -he bad an uncle who suffered from some form of epUep»y. Hi* grandfather also, on his father's side, seemed to be a man given to excessive indulgence in liquor, so that Keown came into the world handicapped. Then he met with an lii jury to the brain which had a tendency ti set up alcoholism, and so long as he could get liquor he was practically a doomed man. The symptoms he manifested exactly corrwpnnded to what the textbooks Bald were the symptoms of people suffering from alcoliolic insanity, and if tbe jury believed the evidence for the defence then they could come to no other conclusion ttau that he wab suffering Tern ale iholic insanity. Mr Macdonald having replied, His Honor summed up. aud the jury retired at 5 15 p.m. At a quarter to 8 the Foreman asked if the jury might bring in a verdict of guilty, with a recommendation to mercy His Honor replied, " Certainly." The Jury almoat immediately afterwards returned to court with a verdict of " Guilty." His Honor : Do you wish to make any recommendation T Tne Foreman : Yes, a recommendation to mercy, "your Honor. Prisoner, who gave his age as 49, did not make any reply to the usu*l question as to whether he had anything to say why sentence should not be passed upon him. ' Hi* Honor, addressing prisoner, said : Prisoner at the bar. AH that remains for me to do is to pass the tentence which tho hw prescribes in cases of murder, that is the sentence of death. The jury have recommended you to mercy. It is not within my province to exercise that mercy, or to mitigate tbe sentence. The recommendation to mercy will be forwarded to his Excellency's Advisers, who will, I think, give it their consideration. So far as 1 myself am concerned, I feel that tho recommendation of the I jury, looking at your previous history, cannot be altogether unreasonable, and in the course of my duty I shall intimate that information to the proper authorities. A« I have said, however, the question of whether the lost penalty of the law will be inflicted upon you is not in my hands at all, and I would sincerely ask you and recommend you not to place too great confidence in the recommendation to mercy wbich tbe jury have thought fit to make being given effect to. All that I have now to do is to pass the prescribed sentence His Ilonor then assumed the black cap, and proceeded to say : The judgment of tho law is that you, John Kcown, be taken from tho place where you now .ire to the prison from which you came, and thenca to the place of execution, aiad tint there, in the manner and form bylaw appointed, you be hanged until you are dead.

The Southland Acclimatisation Society will distribute 218,000 trout fry in the various rivers this season. In our advertising columns the Railway department notifies alterations in the time-table on the Catlin's river branch.