DR. GOODE ON TRIAL.

Dominion, Volume 2, Issue 460, 19 March 1909, Page 6

DR. GOODE ON TRIAL.

ON A CAPITAL CHARGE. LINE OF DEFENCE FORESHADOWED. (BY TELEGEATO—rRESS ASSOCIATION.) New Plymouth, March 18. Tho trial of Dr. Goode, charged with tho murder of Mrs. Klenner at Waitara on December 14, was continued to-day, when evidence on bohalf of tho Crown was given. Charles Stono, painter, Waitara, who assisted in tho attack on Dr. Goodo's houso after tho tragedy, described tho arrest, and also gavo evidence- regarding tho finding of tho revolver in tho surgery. Scmo danger in effecting Dr. Goode's arrest was anticipated, and witness and others who assisted in .tho .affair wero armed with substantial sticks..'

To Mr. Skerrett: It was a fact that witness thought it necessary to hit accused pneo or twico on tho head. •

Mr. Skerrett remarked that ho did not complain of this in the least or blame witness for it. Dr. Goode's Perception and Memory. Constable M'lvor deposed that witness and a Mr. Stone entered Dr. Goode's house by the' surgory door. Three other mon were with them. When tho door was broken in, Dr. Goode wa3 standing about five or six feet from the door. He had a revolver in his right hand, which was raised in the air. Accused was just ; lowering his right hand to the firing position' when witness rushed him. Accused asked: "What in the namo of God docs, this mean?" "Witness threw him on the sofa, saying, "You're my prisoner." He was then carried outside, handcuffed, and takon to tho Waitara Police Station in a dray. Witness was also insido tho cab in which accused was brought to New Plymouth. Ho seemed quite rational when speaking, and wanted the cab to stop at his ,houso so -that he could get a bottle of whisk)'. He conversed about different doctors,'and recognised several places on the road.' In tho courso of conversation Mr. Wilkes, who was' also in the cab, kept calling witness "Mac." Accused asked, "What is his other name?" mentioning' several names beginning with "Mac." Witness replied, "My name is M'lvor, doctor." "Oh," said he, "You're the man who did me injury in New Plymouth 18 months ago." , Mr./'Weston: As a matter of fact, some 18-months ago you bad some trouble with him' in Now Plymouth ? . Witness: That is so; I had seme trouble getting him : away from one of the hotels while drunk.

Resuming, witness said that accused appeared rational, and did not seem to be mentally deranged. Considerable trouble was experienced in getting accused into tho coll. He refused to go beyond the yard, and witness, carried him in. In the station accused recognised Sergeant Haddrell. _ When he saw Constablo Price he became excited.

To Mr. Skerrett: Witness knew nothing of his own knowledge about the revolver being found on the table.

To His Honour: There must have been a dozen peoplo who came into the room immediately after tho accused had been arrested.

His Honour remarked that anyone entering the room, and kicking the revolver, would ■naturally pick it up and put it on the table. 'Mr. Skerrett: Tliat is so, your Honour. I don't disputo that. . "'Witness, to Mr. Skerrett: Accused asked at Waitara Police Station why lie had'been arrested. Detective Boddam told him- that it .was for shooting a.woman. Accused replied: ''I novor shot anybody; I wouldn't do anybody any harm. 1 " Mr. Skorrett: Did ho appear to you, from his demeanour, to bo at a logs to understand what all the commotion was about? Witnoss (after a slight hesitation): Yes, I think he was. ■ ~ Mr. Skerrett: Did he refer to the tragedy which had just occurred? Witness': No. .■ ': '■■' . Continuing in cross-examination, Mr. Skerrett drew from witness tho fact that accused was'enticea^into : th'ocab by tho statement that he was going to Mr. Fitzherbert, S.M. Accused, while in the cab, did refer to his wifo, saying: "Poor Mrs. Goode." There was a considerable amount of conversation in the cab, but accused did not refer to the tragedy. He put the wholo blame for what had. occurred on Constable Price. He said to Mr. Wilkes: "You take action against him for £1000 damages for injury to my practice." Accused said nothing to indicate that ho was wounded in the neck; only that his th.roat was sore. He also said that ho wanted to see the magistrate at onco. as he wished to get' back homo with his solicitor. Effect of Alcoholism. Dr. H. B. Leatham, medical superintendent of. New Plymouth Hospital, detailed the treatment of deceased in hospital, and described the results of the post-mortem examination on Mrs. Klenner. When Mrs. Klenner's depositions were taken ho looked dishevelled, harassed, and wild, and seemed very, ill. Ho had decided manifestations of chronic alcoholism! It struck witness that accused did not realise his position. Mr. Skerrett: Is family history of importance in the determination of whether a person is insane or not?

•.Witness: Yes, family history is of the greatest importance in estimating whether a person is insane. A family taint begets an instability of mind, which predisposes to an attack of insanity that may be excited by other causes.

Mr. Skerrett: Is alcohol one of the most common causes of exciting insanity in cases of this type ? Witness-: Yes. Approximately 30 per cent., of these cases, are duo to alcoholism. Alcohol affects all- the nervous organisation. Upon a subject .with neurotic or insane taint it is apt to produce consequences. These consequcnco3 were the gradual encroachment of mental weakness, and tho gradual weakening of memory, powers of perception, will power, business capacity, decision, and judgment. Alcoholics frequently wore very susceptible and unnaturally suspicious, becamo untruthful, and were unnaturally quarrelsome (particularly so with best friends and those, who tried to assist them). Delusions of persecution were very common in these cases.-

Mr. Skerrett: When a person suffers from chronic alcoholism, with a history of hereditary insanity, and with delusions of persecution and of being watched, would you expect such a person to develop homicidal impulses?

. Witness: I may say that it is recognised that sudden homicidal impulses may occur, or aro likely to occur, in persons suffering •from delusions of persecution.

' In answer to further questions by Mr. Skerrett, witness said: It is known that sudden attacks of homicidal impulse may occur in a person who may not afterwards bo awaro of any violent act that may have been committed during such attacks. Witness, in further cross-examination, said that an impulsive act, by a person suffering in the.way described, is similar to the homicidal imnulsq that sometimes follows an attack of opilepsy. An epileptic may be subject to sudden attacks of violence, and be unconscious of it afterwards. Witness believed it to bo recognised that a similar condition may exist in cases of alcoholic degeneration. It was a fact that thero were peoplo going about their daily work in a condition of mental_ degeneracy who had delusions of persecution. Dirsct Evidence as to Marital State. Dr. D. S. Wylie, of New Plymouth, gave evidence of treatmont of the wound in Dr. Goodo's throat. Accused's appearance indicated chronic alcoholism. Having examined him as regards his physical condition, witness examined his mental condition. Ho asked accused to describe what took place on the day of the tragedy, and ho said that ho had no recollection of events that day. Ho did not remember getting up that morning, nor did ho remember going to bed the night before. Ho remembered lie was seeing a patient in his surgery about midday. As regards the events of the day itself, accused told him that the first clear recollection ho had was of people breaking into his house. After that he did not snem to remember much until he found himself in the police station at Waitara, when, as ho said, he looked up and saw his old enemy, Dr. Claritlge, at the other end of the room. On questioning him as to [the events which haopened during the days

preceding tho crimo, he was only ablo to givo a very hazy account. "I did not pursuo my investigations further that day" (continued tho witness) 'as ho is a man who bore no goodwill to me, and I did not wish to arouse his antagonism. During tho conversation he spoke in what may be described as a generally confused manner. His pupils and eyes showed no signs of gross organic brain disease. Subsequent to his admission to the hospital, and, particularly after the performance of tho second operation on Decomber 30, I had daily opportunities of seeing and talking to him. During this time one gathered the impression that he regarded himself as an ill-used man. Ho looked forward to the trial, or rather to the proceedings in the Magistrate's Court, and seemed to have no doubt that, at that time, everything would bo cleared up satisfactorily, aiid that ho would ho ablo again to practise in Waitara. During these conversations, he manifested definite delusions of persecution, and that Ogle and his clique had conspired to ruin him. As a further example as to how far these delusions of persecution pervaded him I may say that, on tho last occasion but one upon which I saw him (on Tuesday evening last), ho still maintained his position with reference to 'Ogle and his gang,' and said: 'I know why Dr. Claridge came to Waitara. He was sent there.' "

Mr. Skerrett: To what conclusion does your examination lead you as to Dr. Goode's sanity on December 14 last? Dr. Wylie: My only conclusion is that I regarded tho man as insane on that date. Ho was not capable of knowing the nature and quality of his act. Mr. Skerrett: Would you bo assisted in your opinion by the knowledge that Dr. Goodo's brother died in a mental hospital? Dr. Wylie: Yes. Mr. Skerrett: What functions does alcohol first attack as a rule?

Dr. Wylie: It is an axiom that alcohol attacks, first of all the highest and most specialised functions of tho brain. In other words, alcohol is one of those poisons which has what we call highly selective action, affecting higher functions first, and lower functions afterwards. The doctor's kindly nature, and tho impulsiveness of this act would tend to confirm his opinion that the degeneracy of tho brain caused by alcohol was a slow and progressive disease. Persons of this class were a most dangerous class. Accused's -alleged abusive remarks to tho deceased woman, and his alleged request of her, jwere highly consistent with disease of the brain. It'was matter of common knowledge in Waitara that Dr. Goode went about declaring people wero endeavouring to ruin him and-oust him from Waitara.- Ho knew that Dr. Goode bore him (witness) no goodwill on account of his-(Dr. Wylie's) starts ing to visit W'aitara and Urenui. Undoubtedly it was human nature for a man charged with such a crime to keep his own counsel and mislead others as to his condition, but, in Dr. Goode's condition of mind, such- a course of:action was impossiblo. How Far is an Inebriate Responsible. Mr. Weston asked if it were not the bounden duty ot a man to guard against effects to which he knew he was predisposed. Witness :■ Thatf.is the ideal, of course, but it is an impossible one. Mr. Weston: Oh, no. Perhaps it is among doctors,, but not among lawyers. Mr. Skerrett: My friend should say among somo lawyers. '

Witness added that a drunken man must accept the full, responsibility of his crime. ■ Mr. • Skorrett: 1 .don't know that that is law, your Honour. _ His Honour:' I am going to 1 direct the jury that it is, Mr. Skerrett. ."'■.' Mr.-' Weston:-So! you say, Dr. Wylie, that this inanwas-in no way responsible for the act of killing this woman? Dr. Wylie: I do. Sydney John Tisdall, gunsmith, D.M'Clclland, and Detectivo Boddam and Constablo Whitehouse also gavo evidence.

This closed tho caso for the prosecution. Mr. Weston said that if Mr. Skerrett intended to call scientific testimony as to accused's mental state ho wished to reserve tho right to call rebutting evidence. Mr. Skorrett announced that he would lead such evidence. '.