CHARGE OF MURDER

Southland Times, Issue 21560, 25 November 1931, Page 7

CHARGE OF MURDER

WOMAN’S DEATH HUSBAND STANDS TRIAL QUESTION OF INSANITY (Per United ‘ Press Association.) Hamilton, November 24. The trial of Arthur Walter Smith, aged 50 years, a painter, of Hamilton, for the alleged wilful murder of his wife, Lois Alexandra Smith, aged 29 years, commenced in the Supreme Court at Hamilton today. Smith who was quite composed entering the dock, pleaded not guilty in a firm, clear voice. He seemed much stronger than during his appearance in the lower Court some weeks ago. Addressing the jury, the Crown Solicitor outlined prisoner’s life prior tn the war. Coming to the beginning of the present year he stated that Smith was obliged to go bankrupt and for a time was in financial difficulties. Then he obtained a job up north and worked long hours for good money. On meeting his wife again in Auckland they had what was termed a second honeymoon. However, they had differences there over a costume which his wife wanted and which Smith could not afford. Prisoner also became annoyed because his wife did not disclose she had been out to parties during his absence. The evidence would show that Mrs Smith met a man on the night before the murder. On the night of the tragedy Smith asked his wife if she required any supper and the only remark made by his wife throughout the night was “no.” It would be shown that Smith drew up a will on that night. Apparently he regarded death for himself in the immediate future. Counsel said the prosecution was unable to state definitely what took place in the bedroom on that night, but prisoner had made a statement of his version of the circumstances. Prisoner found his wife lying on the extreme side of the bed. It was this time when prisoner, according to the statement, got out of bed and returned with a jack knife. Counsel read the portion of prisoner’s statement:

I slipped off the bed to the floor, took the jack knife out of my trousers pocket and got back on the bed again. I looked at her face once more then stuck the knife into her throat. The feeling was terrible. She gasped, looked at me for a moment, jumped out of bed and called for Phyllis. I stepped off the bed and ran round to try and stop her from falling, but was too late. I touched her, but she collapsed on the floor. Then I had an awful feeling of remorse. I then stuck the knife into my own throat, but was too weak to cut far.”

Counsel said that, prisoner’s statement of the deed was incorrect as the medical evidence would show. He referred to the stall wounds in the back and mouth which could not have been made in the circumstances prisoner described. Counsel advised the jury to disabuse their minds of certain colloquial expressions of insanity and reminded them of the legal definition of insanity. He would attempt to show the jury that prisoner knew what he was doing and was suffering from no menial disease. Counsel said he understood the defence would be insanity and a verdict of not guilty would be asked for on that ground. Medical evidence on the lines of the lower Court was taken and evidence called of the policeman first on the scene of the tragedy. The father of deceased Lois Smith stated that for the past two years the couplo could not get on together.