NOT GUILTY.

Pahiatua Herald, Volume XLII, Issue 12963, 30 May 1935, Page 5

NOT GUILTY.

SECOND EDITION

GROUNDS OF INSANITY.

MAORI WHO KILLED HIS BROTHER-IN-LAW.

Electric Telegraph—Press Association WANGANUI. Last Night. Without leaving the box the jury in the Wanganui Supreme Court yesterday found Jack Xgapaki not guilty of murder on the ground of insanity, and he was ordered by his Honour, Air Justice Callan, to be detained in a mental hospital until the pleasure of the Alinister of Justice is known.

Ngapaki was charged with the murder of his brother-in-law. Sam Hauora, at a cottage near Npakti, not far from Patea, on the night of Alarch 25 last. Hauora’s dead body had been found outside hi s whare and several wounds had been inflicted on the head, medical evidence testifying to the fact that the one on the left temple had been sufficient to cause death, which had been due to laceration of the brain.

Constable Kelley, of Pa tea, gave evidence a s to being called to the scene of the tragedy and of seeing the body of Sam Ha.irua lying lace downwards. Witness found a hardwood stick alongside the body and there were wounds on the dead man’s head. Inside the house witness found the accused. Witness asked him what happened to Sam Hauroa, and he replied, *1 killed him.” Accused said that it was because he had come in swearing and cursing and he (accused), had told him to get out/ a.s it was his house. Accused followed the deceased out ot the house and he thought Sam was going to be rough, as lie was walking towards him. Accused had said, “T hit him on the forehead with a stick. _He fell to the ground and 1 hit him several more blows.” Accused was arrested and brought to Patea and when charged with the murder he said, “It is Sam’s fault.” In reply to a question, witness said that in 1926 there was a case against accused for assault on a woman at Waitara.

Dr. Simmons corroborated the previous witness’ evidence regarding the finding of the body, lie said tccused was quite collected and rational. Death was due to concussion, followed by extensive, haemorrhage A portion of the skull of deceased produced. showed tile fracture. Witness said he wa« called ten years ago to examine accused regarding his mental condition. The witness had known him for 20 year* and accused had always appeared very reserved. The defence admitted the killing, but brought medical evidence headed by testimony from the medical superintendent ol tin* Pcnrua Mental Hospital. Dr. H. AI. Buchanan, that accused was insane and had been intane at the lime of the commission cy the offearce. Di. Buchanan’s positive answers to questions put to him resulted in the Crown ceasing to carry the examination further.

Air N. R. Bain. Crown Prosecutor, conducted the prosecution and accused was represented by Air L. AI. Aloss. of New Plymouth, and with him Air J. H. CowdelJ. of Waverlev. Dr. H. AI. Buchanan, medical *,ll- - at Porirua Mental Hospital, /aid he lrad examined accused at Wellington or. three occasions and he considered accuse] was insane. He based his opinion on the whole body of evidence and the examination he made. Wh-n witness -aw him accused Lad no realisation that hi* had done any wrong Ewn v. ith an interpreter thev coi.kl get uo mole sense out ef accused than without. Accused could not understand that ho had to face a clarge of mur-

der and said he was waiting for some European to take him home that day. He considered he had done the proj>er thing in killing.

Dr. Buchanan’s evidence was sunpoittnl by Dr. J D. Hunter. Neither the Crown nor counsel for accused addressed the jurv. His Honour said it was emjnentlv proper that such a case should have brought to trial and inquired into in the proper way. If the jury accepted the mental experts’ evidence—and he could see no reason why they should not—it was thtjury's duty to say that tht- man was not guilty on the grounds if: insanity. The jury returned the verdict as stated.