QUESTION OF ACCUSED'S SANITY RAISED

Chronicle (Levin), 4 February 1949, Page 7

QUESTION OF ACCUSED'S SANITY RAISED

Press Association)

Defence Starts In Street Murder Trial

(Per

HAMILTON, Feb. 3. Evidence that when lie leiit his rid..to Otto oii October 22, Otto appeareJ to be quite normal, was given by Charles Arthur Trubshoe when the tna of t'eci) Robert Gurr Otto, aged 38, dairy worker, of Te Awamutu. 011 a charge of murdering Ruth McGregoi Stone at Hamilton East 011 October 23 continued before Mr. Jusfice Hutchicon in the Supreme Court today. Witness saiil Otto had explained there was a wild buil 011 his brotlier's Vf ariu at Putaruru and he wanted to shoot it. Ile had found Otto a very rational nian and a good type of worker, said Lioy Albert Garrv, dairy factorv emplo.vee, Te Awamutu. She lirst became acquainted witli Otto in Auckland last July, said Naucyj Gibbs, single, of Te Awamutu. At that timo' Otto was engaged to be uiarried to another girl in August. Otto decided not to niarry the other wonian. Witness weiit "to Wellhlgton with Otto 011 August 10. Tliey sayed there untii August 20 when tliey canie to Hamilton !or a week. Witness met deceased aii'l as the result of a couversation witn her witness tohi Otto deceased did uot want hini back. She said shi did not care whut he did. Subsequently the three of them met and deceased linally said she would go back to Otto. This was disM[>pointing to witness as at that lime ijie was in love.with Otto. Witnesi told the court she was still in love with Otto. She was satislied everything was. over between Otto and deceased and that his devotion was for her, said witness. There was au understanding tliey would be uiarried but 110 date wa? (ixed. \\'itness said she . accomiiaiiic'l Otto '11 Hamilton 011 Ihe night of October 21 when he followed a car which he said iooked like Byrne's car. Otto said he wished to lind out when; deceased lived. Hetweeu 10 and 11 |).m. tliey found the car [larked in a „side street just off the main road U Auckland. Later tliey suw the car •Kirked in front of the boardinghouse at Hamilton East. Otto and wilnev ihe 11 returned to Te Awamutu. Tiie following mprning Otto said lie wouhi go back to Hamilton to lind out when deceased woj-ked. Witness noticeh uolhiiig iinnsual about hini. Thai I'vening he told her he had iiooked a looiii at a board'nighouse in Hamilton Cust. lie said he was going to sco deceased and try to get back a watci. She iwis expecting hini to (inish with deceased. When she heard abniu 1 [i.m. ou October 2-"> that Otto had takou a guu to Hamilton, she searched his rootn at Te Awamutu and found his will which was dated October -2. - Quescion of Safiity " r ani not going to set u[)'a dcfenct to prove that accused did not shoot Mrs Stone," said Jlr. Hill, opening hh address. ''The eGdence ou that poiui is (iverwheliuing. 1 wonder if tlieiv 1ms been a murder case i 11 tliis" country when c.ircumstantial evidence was sc strong. " )lr. Hill said that, as the Crowu piosecutor had liientioned previouslv, the question of insanity would Ix 1 aiscd. Tlici e • were two aiteruatiie questions which the jury would havt to answer. Did accused know and .indo rstund the natural consequences oi his actions at the time of tlie shooting 1 11 other words, did he know wliat m was doing .' And did he knoa tlmt wliat he was dc'.ng was w.ong? Coulu de be said to be able to appreciate the consequences of a partieular act he \vadoing at a partieular time? .Wuy Kathleen Henderson, of I\ Awuinulu, sister of accused, said slu. first met deceased in 11)43. She did uot see her again until 1!)4."5 when sln learnt that accused .and deceased ha. been living at Tauhei as nian and wife Deceased was known as Alrs. Otto. Deceased 's maiincr to accused was al ways alTectionate and deceased was niost dcmonstrative in her agection i'o.' hini. She was most cooperative 011 the farm. Subsequently accused suffered from ill-health. Deceased secured eniploynient in Hamilton and accused at Horotiu. Tliey deeided to pool their resources intending later to establisti a liome. Early 111 1947 her brothei injured a hand and about that timi accused and deceased took up resideuce in a flat at. Hamilton East. Witness gave lier iinpressions of tio elfcct 011 accused !s mind of deceased association with a inan mvmed Byrnc. For a few weeks before the traged she thought accused was quite unbalanced, said witness. She did 1101 take any action as she * lacked the courage of her convictions. Witness said that after deceased 's death she read the doeuiuent written bv her brother which was tenned a sagu. She said she was neither proud nor ashamed of the document. "I was not surprised when tln. tragedv occurred because of his obses sion for her," said witness answering Alr. Strang>as to w'hether slie had rea son to anticipate the shooting.

Mark Henderson, journalist, of Papakura, a nephew of accused. said he worked on his uncle's farm for several months in 1947. His uncle was suli'ering from eve trouble and was unable U cope wuth all the work. Un sevtra. occnsions when his nnc|„> 7^*4 in 1

violent rages, witness thought accused '» mental condition wras not normal. Be fore he left the farm in 1947, witnes? . began to wonder ivhether it was saf« • for him to stay tlmro. '