A NEW DEFENCE.

Press, Volume LVI, Issue 16855, 8 June 1920, Page 7

A NEW DEFENCE.

« WOUNDED SOLDIER'S PLEA. (riIESS ASSOCIATION TELEGRAM.) AUCKLAND, Juno 7. "Tho uncontrollable action of the .subconscious mind" was pleaded as n defence by Alfred Hill (Mr Hampton), who was charged in tho Supreme Court-, before Mr Justico Chapman and a jury, with having, at To Puko, on May Ist, indecently assaulted a boy of nino years of age. Tho Hon. J. A. Tole, K.C., for tho Crown, in the course of tho proceedings, pointed out that in tho Thaw case in America they "brain storm" and tho "unwritten law" were pleaded. Now there -was this new defence, with special application to returned soldiers. Tho jury, ho said, had to bo guarded against tho introduction of new theories with regard to these men. They had everybody's gratitude, but they could not have special privileges in tho administration of» tho criminal law. The accused gavo evidence of his war servicoj and of his having suffered pains in the head after an operation for .1 wound in tho neck. Ho recollected speaking to tho boy at To Puke, but did not remember committing tho alleged offence. Medical evidence in support of tho prisoner's contention was given by Dr. Petor A. Lindsay, of Auckland, who stated that lie had oxamined tho accused, and he felt that the Conrt should give him every consideration. He considered that Hill did not have a clear mental idea of what he was do- . ing, "because his mental control 'had - failed, and ho was suffering from ! psycho-neurosis. Dr. Cyril H. Tewsley, wlio liad also examined the accused, said he believed J that the accused did not know what he t was doing, or tho nature of his act. | Witness would not have certified him i insane three or four hours after the i offence, but he would certify that lio ( had lost his self-control, and that hen had no power to distinguish when he 5 did the alleged act whether ho was j doing right oc. wrong. Medical evidence in rebuttal was, brought forward by the Crown. Dr. Beattie, Superintendent of tho. Mental Hospital; Dr. Thomas Pettit, i with lire years' experience of military | hospitals; and Dr. Murray, gaol surgeon, who had also examined tho accused, expressed the opinion that tho prisoner knew tho nature and quality of the act alleged, and that ho knew it was wrong. Dr. Beattie further expressed the opinion that Hill had never suflcred from psycho-neurosis at any time. Mr Tole pointed out to the jury that the defence set- up was not known in law. The prisoner could be acquitted ; only if ho wero found insane. They j Avould bear in mind, however, that not one medical man would say that Hill : was insane. His Honour, in summing up, said that the lecal terminology of tho de- , fence was that the accused was insane, j In law, where a, crime was committed, ; only imbecility, or "disease of mind" ; to such an extent as to render ail ac- ' cused incapable of understanding tho i nature and quality of his act would ; excise him. The jury, after an hour's dellbera- ' tion, fount! the prisoner guilty. Sentence was deferred.