The Otago Witness, THE WEEK.

Otago Witness, 5 December 1900, Page 37

The Otago Witness,

THE WEEK.

WITH WHICH IS INCORPORATED TIIK SOUTHERN MERCURY. (WEDNESDAY, DECEMBER 5, 1900.)

" Soaquun aliud Datura, niiud Baolentia dixit."— J»t«cal.

The condemnation of Mrs Fogo on the ter-

rible charge of having murTke Fogo dered her husband was unVerdict. doubtedly somewhat of a

shock to a large section of the community of Dunedin, but the fact does not imply that there was anything defective in the trial or out of the way in the verdict of the jury. As might be expected in any trial presided over by Mr Justice Williams, it was as fair and as im--partial as any trial could well be ; while the verdict was what is called a " common sense" one, and the natural" outcome ,of the facts as they were presented to the jury. But when an elderly woman who, throughout a long life, had not only not shown the remotest sign of the criminal instinct, but was rather of -.a genial, kindly, 1 - compassionate nature, and had worked hard and sacrificed much for her family, is found guilty of a crime so horrifying and so unnatural, it is' very difficult to exclude from the feeling with which it is regarded a certain element of considerable distress. There may be a feeling, too, that possibly all the facts, actual or psychological, did not come out, or were incapable of being brought out. But we do not see, as- we have said, how the jury could well have come to any other decision. The facts, as the} were presented from both sides, seemed to reveal that Mrs Fogo suddenly killed her husband without any motive other than that he was, and doubtless had been for years, somewhat of a trial to her from drunken habits, morose disposition, and occasionally violent temper. That was the idea which would naturally be conveyed to the minds of the jury, and which they would as naturally feel was no kind of palliation for the crime of murder. Counsel for the accused placed their faith upon the theory of justifiable homicide — that is, that Mrs Fogo murdered her iusband in the conviction that the act was at the moment necessary to the preservation of her own life. Unfortunately there was nothing in the evidence to support this /theory, eycept the condemned woman's own statement to that effect. This statement was uttered under the great nervous tension of the moment (which gives it a value of its own), and in the comparative calm of the reaction which followed, and it perhaps received some support from the fear which had previously been expressed to Mr Sligo that she was in bodily danger of 'some kind. But there was none of that sort of material evidence which would appeal to the mind of a jury — a scuffle, clamour, cries for help, or any of the natural concomitants of a struggle in which two persons were engaged. The son and daughter were in close proximity, and they "would naturally say all they truthfully could to save their mother, but their evidence is to the effect that they heard their names called by one or other of the parties. They thought the call proceeded from the mother, but, whether or no, there appeared to be nothing in the cries to warrant the belief that .a struggle was being carried on by two persons op anything like equal terms. Mr Sim gave a circumstantial account of. the probable course of events within the room, for which narrative he may or may not have had some warrant. But there was little or no evidence to support t it, and it was, therefore, natural that the jury should believe (as the verdict would imply) that an encounter had taken place in which one was the aggressor and the other the all but silent victim. That impression may for aught anyone can tell have been a wrong one, for deadly struggles are often swiftly and silently brought to a close ; but to the minds of the jury it no doubt seemed to be justified by the facts as they were presented. Their verdict of guilty was based on the undisputed fact that the woman killed her husband, and the recommendation to mercy doubtless arose out of a recognition of the intense excitement (from whatever cause) under which the deed was done, the comparative blamelessness of the condemned woman's long domestic life, and the trials she had had to endure at the hands 4 who vitfe

We have no doubt that the strong recommendation to mercy with Prosecution which the jury accompanied and their verdict, and which had Defence. the approval of the judge, will be acted upon. There were circumstances even connected with the trial, absolutely fair though it undoubtedly was, which would seem to make it desirable. It is a safe assumption that lawyers know their own business best, and it is equally safe to assume that in a cape of this sort they would feel a heavy sense of responsibility resting upon them. But we have a difficulty in understanding why the plea of manslaughter was so rigidly withheld from the jury. Of course it was not withheld from them by the law or by the judge, who indeed, with humane wisdom, early suggested that it should not be forgotten, and in his summing up very carefully explained the grounds on which such a •verdict would rest. The Crown Prosecutor put it as a case of murder or nothing, and that is intelligible, for he had a very strong case by the bare facts alone, and if it chanced to fail the acquittal of an accused person should not be a cause of distress to him.. Here it may not be out of place to remark that if Mr Fraser is desirous of adding strength to his prosecutions he would do well to assume a more judicial tone. He has a modpl to study in his predecessor, the late Mr Haggitt, who in criminal cases used to marshal his facts with terrible 'completeness and then deal with them with all the restraint and impartiality of a judge. But what puzzles the lay mind is why counsel for the defence should so carefully exclude from the jury the theory of manslaughter, and this it is which makes the public grateful for the jury's recommendation to mercy. Mr Sim put it to the jury that it was either a case of murder or justifiable homicide. The natural corollary of this limitation was one of his concluding sentences to the jury : "It will rest with you, gentlemen, to say whether the accused is to suffer an ignominious death, or whether she is to be set at liberty and restored to her family." Now, here we cannot but think the average juryman would be placed in a great difficulty. We could well understand him saying : " This is just a lit-tle too mifch to expect of me. . I have no objection, under all the circumstances, to give the woman a limited term in gaol, or to see her sent to an asylum ; but to quietly restore her to her family after such a crime would be an outrage on the community." And then in the simplest manner possible he would escape the " ignominious death " alternative by qualifying the verdict by a recommendation to mercy.

in a case such as this of Mrs Fogo — that

is, in a case which suggests The Psycholo- difficulties as to motive, and gical View, in which the criminal act re-

presents a violent departure from the tenor of a past life — any psychological aspect which it may present ought not, perhaps, to be entirely overlooked. We do not say that suclr an aspect was to be detected in this case, at all events with sufficient clearness upon which to found a legal plea, otherwise we may be sure mcdi- > cat evidence upon the point would have been imported into the case. But it might, we think, reasonably be kept in view by the Cabinet in deciding whether or not to give effect to the jury's recommendation to mercy. It is a fact well known in the domain of criminal psychology that a morbid idea may silently work in the mind for years and give no sign until a sudden motiveless, or almost motiveless, crime reveals the true &tate of the case. The breakdown in such cases is always associated with prolonged sleeplessness, and indeed such a condition of sleeplessness can rarely be dissociated from insanity in any of its forms. Impulsive insanity is ,the name which has been applied to it. A well-known case will at once suggest itself to the mind of the general reader, for it is as closely associated with the domain of literature as it is with that of crime. The case is that of Mary Lamb, sister of the celebrated and lovable author of the "Essays of Elia." Worn out with close needlework during the day and with attention to a sick mother, to whom she was devoted, at night, Mary Lamb suddenly rose from the dinner table and without a word of warning in sudden frenzy stabbed her mother to the heart. A few days' moodiness was the only previous indication that there was any mental disturbance. Sent to the asylum, she almost immediately recovered (it is a significant and curious fact that the criminal act is often the ciu-e for the time of the morbid condition), and returned to her family. Throughout her life she was subject to recurrent attacks, but after the first calamity she knew the early symptoms, and used to request her brother to place her under restraint. There may be essential differences between such a case and that of Mrs Fogo. We are not competent to express an opinion on the point. But tliere are suggestive indications of morbid unhealthiness in Mrs Fogo's condition also. That there was no planned and deliberate determination to murder her husband is tolerably clear. She was reading a book in bed the night before, and she had also made arx-angements J for particular domestic work for the day of the murder. But she had incidentally mentioned to son or daughter — we forget which — that she had been -sleepless for 11 nights. That may, as the judge remarked, have been an exaggeration, but it no doubt implied at least a dangerously prolonged period of sleeplessness. Then her conversation with Mr Sligo was remarkable. She asked him to- promise, in the event of her sudden death, that he would make inquiries, as she might be poisoned. Now, had she stopped there, it would be natural to infer that she anticipated violence from her husband. But she went on to add: "Or I may be buried alive." Here it would seem as if there was evidence of a morbid idea at work. And when the deed was done she was discovered to be in a state of actual frenzy. Her remark that she had done the deed to save her own life may have indicated simply a delusion on the point which rested in her mind. There may not, as we have said, be very much in this as-" pect of the case, but, taking it in conjunction with oiker curcumMauces present in the

mind of the jury, we cannot think but that it would be another crime to condemn the unhappy woman to the last penalty of the law.

Although the weather was not very favourable on " People's The Summer Day " for the summer show Slum. of the Agricultural and Pastoral Society, it must still be regarded as a very good and successful show. The attendance of the public was veiy large, probably the largest which has honoured the show during the 24 years of its existence. The stock exhibits were in some' important classes not as numerous as they were the previous year, but they were quite as good m quality, while the horse display was nt-ver better in numbers, variety, or quality. As for the agricultural implements, they would have formed an important and most interesting exhibition had they stood alone. The show, in fact, had every sign of being in an actively progressive state. Its value" as an educative factor to the farming community is very great ; and the Agricultural and Pastoral Society are fairly to be congratulated upon the. continued success which is attending their efforts.. There was some truth in the comment of the\ Otago Daily Times that it would seem as if in some classes of" stock the exhibits from year to year are sharply limited to particular individuals. The merino sheep, for instance," belong exclusively to Messrs Shennan and Turnbull, the Border Leicesters to_ two other ibr-eeders, and so forth. But this - does not in the least imply that the flocks of the province are not improving, rapidly improving, in the character of their wool. There may be great competition among farmers in the general quality of their flocks, who have no motive whatever for breeding stud sheep, which is a costly business. If a couple of breeders are sufficient to supply the farmers of a wide area with the particular flock rams they require, there is no inducement toothers to enter into competition with them, while it would probably be a losing process to attempt to breed for themselves. Probably, too, the extraordinary collapse of the wool market reduced the Interest in stud sheep. Otherwise, as we have said, the show was a very satisfactory one, and says a great deal for the energy of its promoters.

The federation movement in Australasia and the South African war T! »c have given birth, especially Union i n New South Wales and Jack. Victoria, to an extraordix „ „ nnayi 'y out * lu 'sfc of enthusiasm tor the flag of the Empire, the Union Jack. As very few knew the exact proportions of the Jack, and as many were anxious to provide State schools- with the national emblem, the Melbourne Argus, in one' of its recent issues, gave 'the exact proportions, which also appeared. in the Otago Witness. In Melbourne Sir Frederick Sargood has promised 200 flags (one each to_ as many schools), and another gentleman backed up this fine gift with as many poles and fittings. The idea- of seeing, the Jack. flying at a- truck in connection with every State school with the inauguration of federation has so caueht on that flags and poles are being promised by the score, and in all probability every school will have its flag before the year closes. New Zealand is not included in the Commonwealth ; but is there any reason why every school in the colony should not have a Union Jack to commence the new century with, and to commemorate what is really the birth of a new Empire? Is there any reason why Otago should not take the 'lead in this as in other patriotic movements? The Premier is about to provide every school with the New Zealand Ensign, but should not every school possess the Union. Jack, the flag which is found in all quaiters of the globe, and which has been so magnificently pictured by Kipling in "The Flag of England"? To start the movement, the proprietors of this paper have offered +o present a Jack to each of the city schools, and we trust that each school throughout the provincial district wilf ere the opening day of the new century be furnished with the Empire's flacr. We shall have great pleasure in receiving and publ'shinqr promises of flags or poles — the individual schools which it is desired to present with the flags and poles to' be specified.