DEATH SENTENCE

Poverty Bay Herald, Volume LX, Issue 18236, 3 November 1933, Page 7

DEATH SENTENCE

EDWARDS FOUND GUILTY MERCY RECOMMENDED GREY LYNN MURDER ;JUDGE REVIEWS EVIDENCE (Per Press Association.) AUCKLAND, this day. After a retirement of an hour and a half, the jury who tried John Hubert Edwards, 41, on a charge of murdering Mrs Christian Cunningham at her home in Grey Lynn, returned a verdict of guilty, with a strong recommendation to mercy. Mr. Justice Herdman pronounced sentence of death. During the trial, which extended over four days, evidence was given by 20 witnesses, of whom two were medical witnesses for the defence, and four were medical witnesses for the Crown.. His Honoiy whose summing-up. occupied half ah 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 t.o anybody. Witnesses 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, said His Honor, was asked to believe that the accused had delusions, and was so unbalanced that he did not know' what he was doing. The law as to insanity was the same in New Zealand as in England. If a man committed murder he was presumed to be sane uuless the contrary was proved. The defence might prove that the accused suffered from a disease of the mind, but that was not sufficient. The disease had to be of such a character that the accused w'ouhl 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 not io say that they constituted a menace. DEFENCE OF INSANITY Continuing, His Honor said the accused w'ent to the Cunninghams’ home wearing his 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 w T as very strong evidence that he had made up his mind to destroy tho 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 wero so, he must then have gone to the daughter’s bedroom, opened the drawer, taken out a writing pad, sought a peneil, and deliberately written those words afterwards placing tho pad on the top of the gas meter. Was that consistent with tho theory that he did not know what he was doing? Was it likely a man would w'rito such a letter and not know what he was doing? It was no proof of innocence that the man committed the crime as the result of an uncontrollable impulse. ! Reviewing the medical evidence, ;His Honor said that the three witnesses for the Crown had had a very wide experience in mental diseases, | both in England and in New Zealand. “They all declare tliaf 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 ho knew ho was guilty,” said His Honor. “If you accept their evidence, the defence of insanity fails. ’ ’ When the jury returned with its verdict, His Honor assumed the black cap and pronounced sentence of death. “I am bound to say,” added His Honor, addressing tho jury, “that on the evidence put before you, I am of the opinion that your verdict is tho correct one.”