THE DARGAVILLE MURDER CASE.

Waikato Times, Volume XXXV, Issue 2834, 11 September 1890, Page 2

THE DARGAVILLE MURDER CASE.

PLEA OF INSANITY. THE JURY DISAGREE. [lIY TELECUUriI. -OWX COKRESTONDK.VT.] Auckland, Last Night. TilK c.ise against Funcke for murdering Const. N. McLeod at Dargaville, came before the Supreme Court, this morning. Mr Pole, prisoner's counsel, instructed by Mr Shortland, contended that the prisoner was insane, and could not plead. Evidence was given to this effect rj.y ])r. King, medical superiutendentof thoAvondale Asylum, and Dr. Moir. while for the Crown, Dr. Philson, medical officer of tlio Auckland gaol, Geo. Reeston, head gaoler, and Warder Russell, testiliud he was sane, and since being in the gaol had spoken intelligently, and was in a tit condition tr, stand his trial on the charge. His Honor then carefully summoned up the evidence and pointed out to the jury the novelty of the proceedings. They had to decide if the prisoner is sane enough to plead at his trial. If not ho is not a criminal, but must be protected as a lunatic. A prisoner should be sane and able to defend himself, although in this case the prisoner's defence was in the hands of able counsel. They must decide on the weight of evidence put before them whether the prisoner is a lunatic, and not tit to plead. The jury retired, and, after a twenty-minutes' deliberation Mr Hammond (the foreman) entered the court and stated that the jury were unable to agree, and were not likely to agree. His Honour said he had no power to discharge the iury, and the foreman again retired. At 1 o'clock His Honour summoned the jury int(. court, and the foreman stated it was unlikely that they would ever agree upon a unanimous verdict. Justice Connolly said he would bo unable to discharge them until they had deliberated for 12 hours. The jury still failed to agree at a late hour.