MURDER CHARGE

Southland Times, Issue 20016, 2 November 1926, Page 7

MURDER CHARGE

THE PAGE CASE ACCUSED BEFORE COURT NOT GUILTY ON GROUND OF INSANITY (Per United Press Association.) Auckland, November 1. The tragedy enacted in the Otau Settlement about two miles from Qevedon, in March last, when Septimus Page, a farmer, killed his twin son and daughter by cutting their throats with a razor, was brought to its final stage before Mr Justice Herdman and Jury in the Supreme Court, when Page stood his trial for murder on two counts. Accused appeared shaky and looked about him with uncomprehending eyes. Mr V. R. Meredith, Crown prosecutor, conducted the case for the Crown, and Mr Allan Moody appeared for accused, who pleaded not guilty. Mr Meredith said there was no doubt accused murdered his two children. Evidence would be called, however, as to the insanity of accused at the time of the murder. The evidence on the whole would be of a purely formal nature and the main question for the Jury to decide was as to accused’s mental condition at the time of the murder. The law set out that no person should be convicted if an act was committed while that person laboured under a diseased mind, so that he had no knowledge he was doing any wrong. The Jury had to decide whether accused came in for that exemption. The medical evidence would show accused was insane at the time of the tragedy and the Jury would have to consider whether they could return a formal verdict of guilty on the grounds of insanity. Counsel referred briefly to the facts of tlie case which were that accused first attacked Miss Graham who assisted in the house, and when she broke from his grasp he said he would kill himself and the two children. It was while she was getting assistance that the murder took place. Eileen Graham said that on March 4 last, while she was engaged in assisting in Page’s house, Mrs Page went to Auckland with her son. The twin babies, aged three months, were left in her charge. Some time later Page came into the house. He spoke to the children and then without warning he attacked her. She finally managed to get away from him. Accused at this stage rose from his seat in the dock and made as if to get out, but he was quickly restrained. Witness continued by saying that when she broke away from Page he said: —“l have gone too far. I will kill the babies and myself.” Witness went for help and on her return found Page with his throat cut and the twins dead. Dr H. M. Perins, medical superintendent of the Avondale Mental Hospital, said he first saw Page on the day of the murder. He had had him under observation since then at the public hospital and at Avondale. Witness had considered the evidence and the past history of accused, and his present demeanour. He had definitely established that there was a history of fits. He had had two minor fits since being under observation. Witness was of the opinion that when accused committed the deed he was not mentally sound. Dr C. Tewstey, Police surgeon, said he had had Page under constant supervision and was of the opinion that Page was incapable at the time of the minder of knowing he was doing wrong, in other words he was insane. He was not normal at the present time, nor liad lie been normal during the time he had been in gaoL Dr Gribben, superintendent of the Seacliff Mental Asylum, Dunedin, corroborated the previous medical witnesses. Mr Moody said he would not address the Court in view of the medical evidence. Mr Meredith said he could take, the matter no further. His Honour said there was not the slightest doubt that Page killed his children. It was for the Jury to say whether at the time of the offence accused was insane. On the evidence, his Honour said he thought there was no doubt he should be acquitted on the grounds of insanity. The Jury was absent 25 minutes and returned a verdict of not guilty on the ground of iusanily. His Honour ordered that accused be kept in strict custody at the Mount Eden Prison until the pleasure of the Minister of Justice was known.