CHARGED WITH MURDER

Waikato Times, Volume 93, Issue 14536, 7 December 1920, Page 5

CHARGED WITH MURDER

THE TOKORIMA TRAGEDY. ANDERSON ON TRIAL. JURY ADJUDGES HIM INSANE. When William Anderson appeared before Sir Robert Stout, Chief Justice, at the Supreme Court, Hamilton, today, charged with the murder of Frederick Henry Telfer at Tokorimu, on October 14, Mr H. T. Gillies, Solicitor for the Crown, intimated to the jury that the case for the Crown would be that at the time prisoner committed the 'Crime he was insane, and when such a position arose, as in this case, the jury would be directed by His Honor to return a verdict of not guilty on the grounds of insanity. The jury would not say that he did not commit the murder, but on account of the state of his mind he was not aware that he was doing anything wrong when he committed the deed.

After the evidence of five witnesses had been heard the jury, without retiring, returned a verdict of "not guilty on account of insanity," and prisoner was committed to the hospital at Mt. Eden Gaol, there to await Instructions from the Minister of Justice.

Prisoner is of slender build and slightly above middle height, with thin features, well tanned- a lofty brow and narrow eyes, which he screwed up as he scanned the Court and the Jury. He twice made a halting movement with his hand as jurymen took their seats, and caused one juryman to be returned. He took little apparent interest in the evidence, resting his head on his right hand throughout, as he leaned with his elbow on the rail of the dock. Prisoner was represented by Mr C. P. Findlay, of Te Kuiti. Mr Gillies said he only intended to

: call Ave witnesses, the Loft brothers, . who would speak as to the actual shoot- , ing, a constable, and two doctors, who ■ would state that in their opinion Anderson was insane at the time he com- . mitted the murder". * y " "1 Think I Will Shoot You."

' James Edward Loft, farmer, of TokoTima, said he had known Anderson about 18 months. On October 14 last, at about 7 p.m., witness was' sitting *.c ', tea with his wife, four children, Tel'-ir ■ end two others, when Anderson openel the window from the outside and said, "Here I am again; don't be alarmed, adding, "give me some 'crib, (meaning They gave him some fooJ, uyhich he ate outside, and though asked tb. enter he refused, remarking that all , the police in the country were after ■ him; that he had seen their lights anl ! that they were about a quarter of an ' hour behind. He appeared a little exj cited. He then asked for food for the I toad and an overcoat, which were given him. He put on the overcoat, and as he buttoned it up remarked, "I have come here with the intention of doing two of you in; but I think I will do • cue. Addressing himself to witness he • added, "I think I will shoot you." lie then ordered the other people in the room to one side, and said, "I am goinj: to blow Jim's brains out." Taking • half a pace back from the window he . then half raised a rifle and there was i ' general Scatter, witness rushing from ' ihe room. When half way through the <loo r he heard a shot fired, and turning he saw a flash and Telfer fall to the iloor. Witness saw none in the kitchen and made one dive through the window Into the open. In answer to Mr Gillies, witness said there was no ill-feeling between prisoner and himself, and he knew ot iao reason why /prisoner should want to take his life. His Honor: Did prisoner say anyS thing else when he referred to the J police following him? I Witness: Yes, he said, when we inV vited him in: "You don't get me in a trap."

His Honor: You say he worked for you at one time. Did he ever appear strange ? Witness: Yes, he seemed moody at times. His Honor:'Did he ever do anything desperate? ( Witness: No. j His Honr: Did he get any liquoor? j Witness: Yes. pHis Honor; Where did he get ty? Witness: He told me so many tales, I could not say. His Honor: What did he drink? Witness: Green Stripe. His Honor: Did you know he had been wounded at the front? —No. Before the Shot was Fired.

Herbert Hedley Loft corroborated bis brother's story, adding that before the shot was fired Anderson said: "Jim, I hear you have been the cause of a lot of my trouble, and now 1 am going to blow your brains out, so clear the room." His brother Jim said: "Good Godl What, blow my brains out?" Anderson made no reply, but Telfer, who was nearest to Anuerson, made a spring to grab the rifle, which prisoner, who was standing three or four feet from the window, had halt raised. . Almost simultaneously the shot was Iked, and Telfer fell to the floor. His Honor: Then Telfer could not have got hold of the rifle? Witness: Well, there was just a posBible chance, but I don't think so. Mr Gillies: What did you do ? Witness: I went to Telfer. Mr Gillies: How long did he live after he was shot? Witness: About three minutes. Continuing, witness said the rifle was a .303 and belonged to him, witness, who had lent it to a young fellow named McKay. Prisoner had complained to witness several times that Harland Brothers, contractors, had "done him in," and had doped him by injecting something into his arm. Witness did not take him seriously. Prisoner mentioned that on one occasion when working in a gold mine he was going to drop a heavy weight on the head of one of the managers, who, however, was sawed by Providence, as someone came on the scene at the moment. His Honor: If accused had been standing where you said he was, It would have been impossible for Telfer to have seized the rifle? Witness: There was a possible jcliance. His Honor: But he did not do it? Witness: No. Constable Francis Ebbett said he was one of the constables who escorted prisoner into Taumarunui after his capture. As people assembled at their gates to watch them pass, prisoner, remarked: "They must have got word by telephone, out these parts that we were coming in. l seem to have caused a bit of a stir unconsciously. I put the wind up Jim Loft. That cur is not fit to live. I had a shot at him as lie jumped the fence, and I don't know how I missed him. I am a fairly good shot, and it must have been a bad light. It might have been the hand of Providence that turned the bullet aside, but he might j live to regret that I missed him." „ Prisoner later added: "There are some bad men in these parts; they have jumped out of the fence and tried to break my neck." Still further nn he asked if Jim Loft was still in Taumarunui. On receiving a reply in the affirmative, prisoner ■■■■■ •'•1: "How about

taking these handcuffs off and letting me have the rifle for a while'?" As he was being placed in the cell, prisoner called attention to a cut on his right index finger, remarking: "I want you to take notice of this, as it will be part of my defence. It was done when Telfer tried to take the rifle from me." Medical Evidence. Dr. Norman Murray, medical officer in charge of the Mount Eden Gaol Hospital, said he had had Anderson under observation, and believed he was suffering from delusional insanity. His Honor: What delusions has he? Witness: Delusions of persecutions. His Honor: For how long has he been so suffering? Dr. Murray: For two years, sir. His Honor: How do you.know that? Dr. Murray: From the history thai he gave me, which dates back two years, when he said he was hypnotised and had an injection in his arm from a two-pronged instrument. His Honor: Then, do you think he was unaware of what he was doing at the time he committed the crime?

.Witness: Yes, I think he was insane.

His Honor: The only thing that would point to him being sane at the time was the fact that he called attention to the cut on his linger, which lie said Telfer caused.

Dr. Henry John Tyzar, medical officer in charge of the Avondale Asylum, said he had long conversations with prisoner, and had come to ttie conclusion that he was insane. Some of prisoner's delusions were that Harland brothers were doping and hypnotising him, and that Jim Loft was doping his liquor. He also stated that Loft doped some of his mates at the front, and also some of the American soldiers in order to get money from them. He held that he was under hypnotic influence, and that whatever this influence directed he had to do. Mr Findlay said that in face of the evidence he did not propose to address the Court. Without retiring the jury returned a verdict of "Not guilty on account of insanity," and his Honor committed prisoner, as stated above, to the hos-, pital at Mount Eden Gaol, there to await the instructions of the Minister of Justice.