RUAHINE MURDER TRIAL

Dominion, Volume 8, Issue 2384, 13 February 1915, Page 8

RUAHINE MURDER TRIAL

CASE FOR THE DEFENCE

ROTTMAN TELLS HIS STORY

"MANIA APOTU"

(Bj Teltjrrftph.—Kress Association.) Wanganui, Febrnary 12. The trial of the young German Rottman for the murders, ou December 28, of Joseph M'Cann, Lucy Mary M'Cann, and John Joseph M'Cann was continued in the Supreme Court to-day. | Mr. Mackay, in opening the case for the defence, said he would admit the facts as stated by the prosecution. The defcnce was that the accused was not responsible for his action; in other words, that he was insane. Diseases of tho brain often resulted in insanity, and one form of insanity was delusions, and another fits of frenzy. A man was excused by the law from crimes committed whilo under this frenzy, Tha-most deadly and most frequent cause of insanity was alcohol, wnich produced .violence and homicidal tendencies, popularly known as "maddrilnk." He asked the jury to bring in a verdict of not guilty on the ground of insanity, as accused was not in a state to know what he was doing. The jury's verdict in that' case would not meaii.that accused would go free, but that'he would bo detained in prison or a mental, hospital during the pleasure of the Governor.

A letter from Mr. James Moore, Missioner of the Sailors' Friend Mission in Wellington, "was read, stating that Rottman bore aa excellent character.

Captain Bollons, of the Hinemoa, wrote that when Rottman was on the Hinemoa he was of a most kindly disposition, not. at all quarrelsome, a steady, hard worker, and apparently on good terms with the crew. Accused Tells His Story. The accused man went into the wit-liess-box at this stage, and in halting English made tho following statement: "I will be 21 years of age on April 4. I was born on the Upper Rhine, in Germany. My father was an assistant-railway manager. I was educated for.two years at Dusseldorf and nine-years at another school whichhad a university connected with 1 it. I wa6 prepared for a career ,on land, but at the age of: seventeen years went to sea on a training ship, transferring at Liverpool to an English ship. On arriving ip New Zealand waters I joined the Hinemoa, and stayed thero' for eight months, until ■war broke out. Captain Bollons wanted to keep me. . The police did not object, but the Marine Department mademo leave. When' I- went ashore I wanted the authorities to send me to Somes Island, but they induced mo to go to the Labour Bureau, and that was how I came to get a billet at Ruahine. ■ ,

"My father used to drink," he continued,' "and my mother has twice been in an asylum:' One of my brothers died of brain fever, and my sister suffered from hysteria. My parents told me that when I was a little boy I fell down somo stairs. I was also injured when coming out to New Zealand, when furling tho top-gallant sails with three other A.B.'s. Two of them went overboard, and I was'.:slung against the rigging and' hurt. 'Later I <vas shipwrecked on the Australian coast." Proceeding, witness said that he arrived at Ruahine on August. 15. ■. Ho got on well . with the M'Cann family, and did not have any quarrels. A Drinking Bout. • On Boxing Day he went with Neil (a previous witness) to Rangiwahia, had a drink before dinner, and then had more. At 3.30 p.m. he suggested, to, Neil that they should start for home. • ' " .■' • Mr. Mackay: What- sort of state wwe you in then? —Not too good. You had .too much Continuing, witness said that he then had a sarsapariila and lemonade,. and got two bottles of beer and some sandwiches to take home. He got .on-his horse, but fell off twice. Neil would not go homo just then, and witness said that it was not fair, as he had treated him so well. They had two more glasses of beer brought out to them. Witness said it would be very late by the time they got the cows in, and probable he .woula get the "sack." If that happened, he would not know where to get a job. Neil offered to give witness a job falling some bush. They stayed and. had tea. When witness got home after midnight he found the doors and his wondow locked.

He stayed outside .until M'Cann camo out, about 4 a.m. M'Cann said: "You are back very early; I did expect you until 7 o'clock. I was wild last night. I. waited till 5.30 p.m. before I got tho cows in." M'Caun then gave witness a. whisky, and said that he could go and sleep. Witness did not do so, and they did the milking together. After breakfast witness went down to the factory. When ho got home they talked about sheep, and. M'Cann said that he was going to fleece at Sweet's place oh the Monday. Witness and M'Cann did the milking that afternoon, and a homely-, evening was decided upon. They were "■ talking and singing and drinking until 1 a.m. next morning, and then. Mrs. M'Cann, took .her husband to ted. The witness wont to his room, and had some more beer. Just before daylight M'Cann came to witness's bedroom and said that he (witness) had kicked up such a noise that the family could hardly get any sleep. Then they went to tho . cowshed to make an early start. Tho Crime. Continuing his evidenoe, Rottman said that he went for tho ccws, and when he returned M'Cann had an. axe in his hand, fastening a board. Witness took hold of the axe,- swung it ronnd; and struck a post. He did not remember anything more until ho found himself lying on the ground, outside. He pulled himself together, went to the house, and had some more whisky.' He next remembered finding himself on the. floor, between Mrs. M'Cann's bedroom and the spare bedroom. Looking into Mrs. M'Cann's bedroom he saw a- great deal of blood on the bed. At the same time he felt a great shock, and seemed to get sober. Witness then closed both doors and went into his own room. He tried to think where Mr. M'Cann had got to, and consequently/ started for the oowshed. 'On the way, witness stepped on something hard, and found that it was • tho axe,. with blood on it. He stood still for a moment and listened.

After ho had seen what had been done at the house he felt sure the same thing had happened down below (meaning in the cowshed). Witness felt that nobody but himself could have committed the crime. He took the millc to the factory, returned, attended to some of the animals, and then made preparations to lc-avo the place. When he reached Maitgaweka. ho had about £8. This money he had saved, apart) from £1 which Mr. M'Caun had given him. Accused Cross-Examined. Mr. Mackay, Rottman's counsel: Did yon have any grudge against the M'Cann family.?—rNone at all . To the Crown Prosecutor: He did not romemlwr saying to.Neil that lie (R-ott-man) would Kivo M'Carin a hit of his miiKV Hii Jlanour: .You did not tell the

constable that you struck M'Cannp—

.No. Mr. Mackay: Do you believo that when, swinging tho axe round your head it might have struck M'Cann by accident!' —I think so.

Mr. Marshall: You say that in the faco of tho doctor's evidence of six blows P—No answer.

You cannot explain?— No. Tho only thing I -remember is tho axe going against the post-. Why should that stupefy you?—l don't know. It was like a dream.

Under severo cross-examination, accused for the first time began, to showtraces oi' excitement. _ He maintained that a lot of the police evidence was untrue. Mania Apotu." Dr. Gray flcssell, medical superintendent of Porirua Mental Hospital, said that he had had a wide experience of'mental cases. He examined Rottinan, and questioned him on his family history. That history, was not good from a inental point of view. To ill. Mackay: The deaths would suggest acute homicidal frenzy. Aro tho fits short or long?—Acuto homicidal impulses aro short. Would a homicidal impulse be irritated by the sight of an axe?— Yes. Dr. Has sell added that "mania apotu" came on suddenly, and a man whoso head had been injured would be liable to an attack. Counsel for Itottman: Now, taking all the facts of this case into consideration, do you think that the acts are conistent with tho work of an insane man?— Dr. Hassall: I think the acts are consistent with insanity.

To Mr. Marshall: Ho did not- have any opportunity of verifying ihe statements made to him by Rottman. Mr. Marshall: They might bs untrue? —Yes. , ' Do you consider Dr. Beattie an authority?—Yos. To the Judge: A man could have two ■attacks of mania apotu in three, hours. Two local doctors, Drs. Earle and. "Wilsoij, expressed the opinion that the murderer's acts were consistent with mania apotu (mad drunk). This closed the case for the defence, and tho Court adjourned till nest .morning.