SENTENCED TO DEATH

Taranaki Daily News, 10 June 1931, Page 5

SENTENCED TO DEATH

THE KOPAKI MURDER TRIAL PLEA OF INSANITY URGED KILLING OF MAN AGED 72 JURY RECOMMENDS MERCY By Telegraph.—Press Association. Hamilton, Last Night. Found guilty of the murder c_ Arthur Rossiter, aged .72, at Kopaki on April 10, Reginald Thomas Rickards was sentenced to death to-night by Mr. Justice Herdman. The jury recommended Rickards to mercy and the judge said the recommendation would be sent to the proper quarter. Medical evidence, which did not agree, on the prisoner’s mental condition occupied the major portion of the day. For the defence Mr. J. J- Sullivan said it was impossible for him to <le n s’ the prisoner shot Rossiter. He put forward the legitimate legal defence, however, that at the time accused fired the shot he was sufficiently insane to render him incapable of understanding ful y the nature or quality of his act. Medical evidence would be called to show that prisoner was an epileptic man. He ha made numerous statements to doctors and others, and through them all ran the same story. It went to show that he was born at Dawson City, Alaska, 37 years ago. He went to the war with the Canadian Forces and was badly wounded in France. One of the wounds was in his neck. He was definitely suffering from epilepsy, and while actually in custody awaiting trial had been seized with an epileptic fit. Medical evidence would show that prisoner was suffering from sinusitis, a disease affecting the tissues and cavities at the back of the nose, and a disease which definitely led to insanity. . Counsel said that the present was the first case he knew of in New Zealand during the past 30 years in which actual disease of the brain had been advanced as a defence in a criminal prosecution. Mr. Sullivan referred to. the well-known murder trials of Lionel Terry, Dr. Cook and Higgins, the Waikino murderer, where it was proved that they suffered from hallucinations and were under the impression that they were being persecuted. In the present case it was submitted that prisoner suffered from mental disease. Behind the nose was fine tissue, through which passed a series of nerves. An x ' ra y photograph of prisoner’s head showed that this tissue and the cavities behind, known as sinuses, were all diseased. In consequence of this diseased condition his brain was likely. to be affected, and it might render him unaccountable for his actions. Mr. Sullivan went on to review the evidence and traced into prisoner s conduct over a period of years strangeness of action, irresponsibility, moodiness and absence of appreciation of his acts. He quoted cases where epileptics had committed assaults, about which on becoming normal again they had known nothing. The assault on Miss Rossiter •with a spanner, said Mr. Sullivan, -was typical of an epileptic. Counsel held that Rickards’ mental condition was such that he was incapable of appreciating the nature and quality of his act. After a retirement of four hours the jury returned a verdict of guilty with a recommendation to mercy. His Honour said he would see the recommendation was forwarded to the proper quarter. He then passed the sentence of death.