DR. GOODE'S TRIAL.

Dominion, Volume 2, Issue 462, 22 March 1909, Page 5

DR. GOODE'S TRIAL.

COLLAPSE OP THE CROWN CASE. ACCUSED ACQUITTED OF MURDER. BUT WILL BE DETAINED. (BY TELEGRAM—PItKSS ASSOCIATION.) New Plymouth, March 20. Tlio trial of Dr. Goodo, charged with tin murder of Mrs. Klcuner on December 14 concluded to-day, and resulted in an acquittal on tho ground of insanity. The caso for the Crown broko down under tho oxport evidence of Dr. Truby King. This witness wag called by tho Crown Prosecutor, and his evidence, contrary to general expectations, ivcnt in tho direction of conclusively prov. ing accused's insanity. . The Doctor on "His Enomles." Henry Beattio, Sergeant of l'olico at Taihape, and formerly of Waitara, gave evidence aB to the doctor's insobriety and mental warp. On ono occasion, when witness visited Dr. Goodo at his surgery, tho latter closed tho door, and invited witness to take a scat. As usual ho bogan talking about his enemies,' and worked himself into an excited state. lie said Dint, if ho had thorn aboard ship, ho would treat them as ho used to treat a crow when tho skipper and mate could not manage them. He would draw a revolver and put them "in their place." Accused then struck tho' table, and struck his chest. On that occasion witness could not say whether ho was mad or. not. Ho made a report on the matter to Inspector Wilson for the purposes of this caso. Tho Night of tho Arrest. James M'Leod, journalist, New Plymouth, stated that on the evening of December 14 ho proceeded to AVaitara, arriving there about 7.30 p.m. Dr. Goodo was then in the police cell, tied with rope, and was taunting tho, polico on the ease with which ho had "bamboozled" them. Ho had shown the polico how to tie the knots. Ho complained all the cvoning about his house being broken into, and made repeated inquiries as to why ho was in the cell. In answer to ono of Dr. Goode's questions as to why ho was there, Dcctectivo Boddam asked him if ho did not know that he had shot a woman. Dr. Goodo replied: "It's a lie; I havo never hurt a child, and never lost a woman.'' All tlio evening he kept asking for whisky. Subsequently, in the cab and when passing lits own house, Dr. Goodo made a groat' noise. On several occasions he said: "Poor Mrs. Goode! Poor Mrs. Goode!" To Mr. Weston: Accused spoke of an Englishman's house being his castle, and complained that his houso had boon broken into by the police and a lot of hoodlums without a warrant. This closed the caso for the defence, and Mr. Weston then started that ho desired to call evidence in rebuttal of that given by. Dr. Beattio. Permission was given, , Sir. Skerrett stating that he could not contend anything to tho contrary. Or. Truby King Called, •• Dr. Truby King, medical superintendent of Seacliff Mental Hospital, said that he had como to tho conclusion that at tho time accused committed the act ho was mentally and legally insane. Ho was suffering from a rare aud complicated form of insanity known as poranoia, which was somewhat similar to tho complaint of Lionel Terry. At tho conclusion of tho examination tho following questions wore put by his Honour:—Did accused, in your opinion, when ho shot Mrs. Klennorj possess tho power of forcing his own rational judgment, substantially unbiased by mental disease, as to tho true naturo and quality of tho act, including its moral and legal nature? Witness: I am absolutely satisfied that ho had not.His Honour: Was his inability to form such judgment duo to mental disease? ■ Witness: Certainly. His' Honour: Was tho act an act of his own independent volition in tho tnio senso, or was it an act dictated or dominated by some influence arising from actual mental disease, which influenco ho was unable, by his own will, to control? > Witness: It was certainly of tho latter kind. His Honour: Using terms as you would usa them, or as they aro popularly used, and treating the question as one of fact, do you consider that a man who is wanting in control to that extent is responsible for Ilia acts? Witness: Ho is absolutely irresponsible. At this stago Dr. Gray Hassell, medical', superintendent of Porirua Mental Hospital, was about to bo called, when his Honour) asked Mr. Weston if ho felt justified in pro-, ceeding further with tho matter. Mr. Weston replied that ho had been, wondering during tho morning whether ho was. His Honour stated that ho thought counsel fcr tho Crown had taken a proper .course. "1 presume," ho added, "counsel read tho final report from Drs. King and Hassell this morning of what.their cvidonco would bo. Tho proper course has been taken inputting these witnesses in the box to-day and treats ing their evidence as final, as both counsel have done." Tho Last Sceno In Court. His Honour then put to tho jury two qucs» tions—(l) Whether accused was a lunatic at the time of tho commission of tho crime ? (2) Whether, if tho jury acquitted accused, such acquittal was on tho ground that accused was a lunatic ? , After momentary consultation, tho foreman stated that tho jury had agreed on tho answers, which would be in the affirmative. A moment later, however, the foreman discovered that two jurors wished to retire, and a retirement was accordingly made. In seven minutes the jury returned, and the foreman explained that the reason for tlio retirement was that some members of the jury wished to he sure'that'll verdict replying affirmatively to the questions would ensure tho detention of prisoner. His Honour replied'that that did not concern the. jury. They were under oath to givo a verdict according to tho facts of tho case. As a matter of fact, hoircrer, such a verdict' did ensure detention. The jury then replied "Yes" to each ques-, tion. adding n rider that tho':<;oans of arrest l employed'by Constables Price and M'lvori probably prevented a further tragedy or' tragedies. Mr. Weston then 'formally asked for an' order, of detention. His Honour replied that, in ncccrdanco with the statute, ho would make an order that accused be kept in strict custody in New Plymouth Gaol until the Minister's'pleasure is known. His Honour agreed that tho mode of arrest- was a perfectly proper one, and probably prevented further miscln'cf. The conduct of the polico of proceedings throughout had been just what it should bo. His Honour.also congratulated the police on the admirable order preserved in and about the Court during tho trial. Semi tlw document* of your Importation!' t* Mossrs. J. J. 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