NEW PLYMOUTH ASSIZES.

Colonist, Volume LI, Issue 12490, 17 March 1909, Page 3

NEW PLYMOUTH ASSIZES.

DR GOODE'S CASE.

[United Peess Association.]

' New Plymouth, March.l6.:i The Supreme Court sessions opened, to-day .before Justice Chapman/ - y In the course of his chargejto the grand; jury his Honor, referring' "to -f the^ charge of murder against 1 Dr said : The : important case this sitting : was a charge- of ■murder against a. medical man; who recently; lived* at Waitara. : .The ;iriquiry- they had to. make 'was a limited one. It 'was really an inquiry as", Jtb'whether7there was any pnma facie evidence *" that the act/' orsh6'otin : g; v whereby the- deceased met' her death,- was the act of ,the accused. ,;.. It .might be that when the matter came to do "inquired r'intd^ cifoum^ta'nce'Snvould be broughi/for-' ward to, suggest th.c .dfiiinken cqndi-' tion' of even dencieht 'mental cpndi-; tion- of *the accused, but he ha,3.'^to tell them for the purpose of the : .'dis-.r .charge, -.of..their-.dutiesj,th_at^the,con-ditlpn''of;-dr s u^enn'essior, intoxication was no excuse"'^fiateyer,f 6f'..crjme, arid that so far ag : insanity;' was 'concerned., if any such "question was suggested (that might be matter of defence)— -: but it was not the duty of the- grand jury to inquire-into the matter; of" de-' fence at a11... What they had to inquire into was whether the evidence made out a prima facie case rendering it proper that the case should be publicly tried, and the guilt; or innocence of the accused established. The. evidence would' show that the accused went to : the house where the" deceased resided: that he said something to* her, and made a proposition to her and he received a'denial; that thereupon, without any interval, he fired two shots into her neck, the result of one or both of which was. that in;; the course of a few. days she' sue-' cumbed to the injuries. '.These simple facts were sufficient legally to constitute the crime of which the -man. was charged. It would riot be their duty to inquire further than to ascertain, whether there was- prima 'facie evidence to show that lie ml f act fired the shots that struck this woman, and that she met her death in this way. Albert Kappely, aged 18, came, up for sentence on a charge of • horsestealing, and received three months' hard labour. -John Edward Lister, •who pleaded guilty to the theft of £6, received twelve months hard -labour, and >a similar term; concurrently Von a charge of house breaking.- youth named John William Garner/ who pleaded guilty of forging a school certificate, was admitted to probation for twelve months. -Alan Brown, a' younc man charged with having committed a serious 'offence againsfca; girl 16 years of age, was foundnot guilty. In the charge against. W.m. Davidson, of causing -actual bodily harm.; to John Crockett,- the .jury returned a verdict of guilty oi common- assault. A fine of £20 was imposed, to be paid forth>«ith. The trial ..or Dr Goode opens in the morning. ;