THE WAITARA MURDER.

Colonist, Volume LI, Issue 12494, 22 March 1909, Page 2

THE WAITARA MURDER.

VERDICT OF INSANE WHEN CRIME COMMITTED.

[United Pbess Association.]

' New Plymouth, Mareli 20. , lh( ? trial of Dr Goode for tlie murder of airs Klenner came to an abrupt termination shortly after noon to-day, after what was intended to be rebut^ ting evidence called by the Crown had been given by Dr Truby King, the Superintendent of Seacliffe Mental Hospital.. .His Honor and the Crown liosecutor at once admitted it was no use^to go any further, as it was a perfectly hopeless task for the jury to convict the accused of wilful murder, and. his Honour added; no one now thought of doing so. Evidence was given for the defence to-day by. Sergeant Beattie, of Taihape, as to the accused's general condition three years ago, and by Mr Jas. McLeod, journalist, respecting the accused's condition at the time of his arrest and subsequently in the cell, and during the journey to New Plymouth.

x 'Dr Frederick Trub J' Khl £> calle d by the Crown Prosecutor, said after a long and careful consideration he had come to the conclusion that at the time the accused committed this act ho -was mentally and legally insane. In. witness's opinion the deceased at the time had not a knowledge wliich enabled lnm to make a rational choice He quoted authorities to show that possibly any knowledge accused had at the time was only such knowle^e as that in a dream state. At great length he detailed the symptoms to show that Dr Goode was suffering not simply from alcoholic insanity, but from complex insanity. The accused was suffering from a rare and complicated form of insanity, known as alcohohc.paianoia. The witness dealt witb the case as if. it were not alcoholic paranoia but simple pai-anoia, and described tlie disease at length. Another person suffering from a deferent and simpler form of paranoia was Lionel Terry. Dr King quoted at length from text books cases in which. the subjects suffered from paranoia, . The - circumstances in the cases quoted 'by Dr King "were so like the circumstances of the present case, as told in .evidence'and reported in the press, tOiat .witness had some difficulty in remembering, he said, that he was reading from text books and not from newspapers. In answer to a series of questions from his Honor, witness said the accused was absolutely irresponsible.

.His Honor deemed it unnecessary' to call Dr Gray Hassal, the Superintendent of Porirua Mental Hospital. Neither counsel addressed the jury, and the Judge made no summing up, but submitted the following questions .- to the jury: — 1. Whether the accused was a lunatic at the- time of the commission of the "crime? Whether if the jury acquitted the accused such acquittal was on the ground that "the accused was insane ? The jury almost immediately replied in the affirmative to both questions. His Honor ordered 1 that the accused be kept in strict custody in New Plymouth gaol until the Minister's pleasure was known. - His Honor had previously assured the jury that such a verdict would ensure; the detention of the accused. The jury added a rider, which the Judge endorsed, that the means of arrest employed. by Constables Mclvpr and Price probably prevented a further tragedy.'