SILVER GRID TRAGEDY

Dominion, Volume 3, Issue 668, 19 November 1909, Page 7

SILVER GRID TRAGEDY

j . SENTENCE . AND RECOMMENDATION TO MERCY. SOLEMN SCENE IN COURT. . ' ' IBj TeleEmDh.-PreM AsaoeUtloa.l _ Chrlttchurcli, November 18. . Tho fnal of Arthur John Wilson Roberts for the murder of Alice Edith Nonraim was oontinued in the Supremo Court to-day, before Mr. Justice Dcnnieton. The. taking of th» evidence had been finished on tho provioul night, and it only remained for tbo jury to hoar counsel's addresses and his Honour's summing up The only addition to tho case wne, the putting m of soma letters from Roberts j Inch had boen found in a bag belonging to Miss Newman. " The Judge's Summing Up. Lengthy addresses wore givon b.r counseL and his Honour commenced to sum up at 1110 am. Ho said that it was unnecessary for him to impress on tho jury tho serious nature of tho duty whioh they wero called upon to discharge. They need havo no fear of the horror and remorse referred to by counsel for the defence if they did.thoir duty honestly and conscientiously, and found a verdict on' tho oudenco beforo them. The case was, in some respects, a simple one. Tho Crown had to establish beyond any reasonable doubt that accused, and no other person, committed tho jot Conneo! foi the defence had suggested that Read, Burns, and Warwick wore biased ngainst the prisoner, but thoro waa nothing to stippoit thia, and thoro wna no suggestion that i they wcro not honest witnesses. Tho ehots might have been fired by one of three persons who had had tho conversation at tho top of the stairs with the deceascd-Warmck, or Hoberls, or some other person who was concealed on the promises. There was no motive in tho casce of Burns and Warwick, and tho jury could banish, any consideration of that from tbcir mmds. Aβ to a person being con« cenled in the premises, there ms no suggestion that the woman had cnemios, but there was evidence that Roberts was in lovo with tho girl, and, if a suggested motive was jealousy or disappointed affection, there was dear ovidoiioo of its existence. It had boon shown that Roberts got possession of tho revolver on Sunday, and it was in his possession whon ho was arrested on Tuesday morning. Counsel for tho defence had suggested that, if , prisoner committed tho enmo, he would havoat once got away as fast as possible, but thei jury were to consider that snoh ft eonrse would immediatcly-hare bronght dowai suspicion on himself. Tho Line Followed by Counsel. ' Counsel for the defence had adopted the rajusual, but perfectly, proper, course of contending that prisoner did not commit the onme, and then, that if ho did commit it, he was mentally irresponsible. His Honour incidentally mentioned that this being a case of a prisoner without'means, Mr, Huntor was defending without pecuniary remuneration. Ho • was bound to say that prisoner had boon well „ and fully defended, and that everything that oould bo eaid for the defence had been eaid, ' The questions which tho jury would havo to consider were (1) Did the prisoner kill Alioe Edith Newman? (2) Is it proved to you that ho was at the time labouring under disease of the mind to snob, an extent as to render him incapable of understanding tho na- ■ ' turo of and quality of the act, and knowing that suoh an net was wrong? Insanity In Law. Under tho law every person charged with crime was considered to bo sano at tho timo pf the commission of tho act until tho contrary was proved Insanity, as generally understood, was a vcrv wide term. Many writers held that all criminals wore more or less insane, but, in a court of justice, when they talked of insanity, they epoko of a well-do-fined condition. The evidence of tho two medical gentlemen who had boen called for tho defence was ontitlod to careful and Tespeotful consideration. They were gentlemen of standing, who had been requested by the Crown to examine the mental condition of prisoner, and it eocmed to bo-plain that prisoner was ono of those , unfortunates who wore described as degenerates. That, howovor, was not a sufficient defence. Ihe mere fact ttat his moral and mental condition was an inherited condition, or caused by his own habits was not sufficient, and that TV as not the position taken by medical Vifc. nesses They Eaid that his mental and physical condition tow consistent with an cpJeptio habit and tendency, and that supposition wae strengthened by his aotions, and his famib history. \ ' **' The Question of Impulse, • ..They hold out a series of possibilities thai* tlio act was the result of epileptic insanity, andi the jury had to consider whether thoy hod mot the severe standard laid down by the law. The medical men had advaooed tho possbUitJthat tho act might, instead of boing purposive ' and deliberate, have boen sudden and unpremeditated, and the result of an epileptic impulse. They assumed that pneoner went to the house with tho idea of intimidation, and that, beiag overcome by an impulse, ho might havo committed tho not luiconseionely. These ■ points should bo considered carefully by tho jury. In conclusion, his Honour said that it v?as quite within the power of tho jury, i£ they wero not satisfied with tho second issue, i to make any observation as to tho oharaoter of tho man's mind and conduct It oould not, of course affect him (hie Honour) as his duty would bo clear, and he could not cay that it ' would affect those who might have to consider, tho matter. It was, however, open to the jury to express themselves on any point whacl* moght suggest .itself to them. , The Scono at the End. ■> The jury retired to consider thoir verdict ' at 1228, and at 142 p.m. they filtd into tlw Court, their serious laces giving a clue to their lordact Prisoner and his guards took up thoar positions in tho dockland his Honour tuon resumed his seat on' the Bench. Amid dead silence, tho foreman handed in tho writ- : ten. replies to the issues which had been stated by his Honour. Tlio α-nswer to the first lsW< lrcifl "Yes" and to the second "No." His Honour: You, therefore, find o. verdict of "Guilty" P ' The toroman: That is so. There is a rider attached to tho vordict The jury desires to lnako a vory strong recommendation to niorcy on tho ground that tho eiidenco shows thnt prisoner is not in possession of normal mental or physi-1 cal faculties, and thcro is vdry gravo doubt as to whether he was capable of understanding' tho nature and quality of his act, or that it . was wrong. His Honour You went on my dircotion that' insanity must be provedf Tho foroman: Yes. ' , In reply to the Registrar, tho prlsoiler saidthiU ho was 21 years of ago. ' I "Hiivo \ou anything tb bay why wntencoi I should not be passed on you nccordinr to law?" he was nsked, but no reply was malt , v Addressing tho prisoner, Ins Honour said,M Arthur John Wilioh Roberts, you have been] convicted ot tho enmo of murder, The !«■{ commoudation to nieroy which tho j'ury hartM handod in will be forwarded to tho proper j qnartor. .My duty is iimply, to prononnco onJ you tho only sentence which the law allows. Soutenco of death was,then passed. Beyond a twitching of his mouth and an un-' natural brightness of his ojes, prisoner eavo ne' sign of emotion. Ho was escorted from thrf dock and tho coiirt-foom by tho gaol officials. • His Honour thanked tho jury for their eoip vices, remarking that they had paid great nSI tention and oaro to tho discharge of a vent painful duty. i *>,