CHARGE OF MURDER

Dominion, Volume 9, Issue 2868, 5 September 1916, Page 6

CHARGE OF MURDER

DEVOIN IN COURT

BROKEN BULLET IN HIS HEAD

A MONTH'S DELAY

DOCTORS TO EXAMINE HIM

Yesterday morning a young, bronzed, broad-ches'ted man, Ernest Charles Jewell Devoin, was placed in the dock of Court to stand his trial on a charge of the murder of Louisa White. Devoin is the accused party in the tragedy which occurred in the Nairn Streot Reserve on the night of -March 27 last. Mr. Justice Chapman sat to hear the case, Mr. V. R. Meredith appeared to prosecute, and Mr. T. M. Wilford to defend.

When Devoin appeared in the dock the Registrar read him" the charge, and asked tho prescribed question: "How say you—guilty or not guilty?" Before Devoin had time to reply, his counsel rose, and raised a bar to tho immediate progress of the trial. "I desire," said Mr. Wilford, "to ask, before ho is requested to plead, that this trial shall be postponed, and. that he'shall not be tried for his life until he has had the bullet extracted from his head, where it now lies divided into two pieces, as the medical evideneo shows." v

Mr. Wilford said he had previously broached this subject to the Crown. Ho had written the following letter:— "On behalf of the prisoner Devoin, charged with murder. I desire to ask that instructions be given that the bullet lodced in Devoin's head and located by the' X-rays, bo removed by operation immediately." Ho did not consider his client sufficiently well to he able to instinct him nroperly or to intelligently give evidence. _ Counsel therefore made the application, believing that it was in his client's interests, and realising that the Crown would assist him Mr. Wilford read a letter from the Crown Law office, replving that his letter hod been sent to Dr. Gilmer for his consideration and report. Dr. Gilmer had reolied that in the opinion of the medical men who had examined Devoin; there were no symptoms displayed winch would warrant surgical interference. . Mr. Wilford said that Devom had written a letter which he handed to the Court. The letter included tho following:— "My head is simply, bursting with pain. There ia noises in my ears all day and night, wliioh is liko the ringing of a telegraph pole." /

Mr. Wilford said thai he would like to draw the Court's attention to medical authority, which lie read at length. He "contended that the authority snowed that violent disturbance (such as the shooting of a bullet into the bead) was liable to result in a disturbance of the brain functions. His Honour: Do you say that this man is too" ill to be tried I don't know that all that you read has very much to do with it. ' Mr. Wilford: I say he is too ill to be tried and follow file evidence. His Honour: That may be. Bnt he must be tried some time. Who is to determine whether he is to bo tried or not ? Mr. Wilford: A good scheme would be a committee of doctors chosen by prisoner's counsel, with the consent of .tho Crown. His Honour: By 'the prisoner and his agents. His Honour asked what tho prisoner's trouble was. and Mr. Wilford said it was lack of ability to concentrate his mind on any one thing. Mr. Wilford proceeded to say that' Devoin suffered such painsin the head that* ho was -unfit- to be tried, and the suggestion that the bullet should he removed was a proposal to fit him to stand his trial for his life. His Honour remarked that the prisoner was not capable of saying whether or not an operation was necessary. Mr. Wilford: He in capable of stating the effect of the bullet in his head, though. His Honour: In no case could I adjourn this for a surgical operation to be performed. Mr. Wilford: Your Honour, the authorities state •His Honour: Don't quote me authorities. They don't help mo. For authorities, a man mußt be educated. Mr. Wilford: Then I ask Your Honour this . His Honour: Don't ask mo questions. Mr. Meredith, for the Crown, said that Devoin had alreadv been examined by Drs. Harty and Hassell, who were of opinion that the _ symptoms were more or less non-esistent, and that there was no need for the operation, 'and thev were not willing to take tho responsibility of an operation. His Honour: I think simply the best course_ will be for me to postpone this caso'till Friday. Mr. Wilford suggested that in tho meantime Dovoin should be examined by doctors, whose fees should be paid bv the Crown. His Honour: What? -..: Mr. Wilford: Well, the man is penniless. ' Mr. Meredith suggested that Mr. AVilford should nam© some responsible doctors ' . Mr. Wilford: I can't decide at a moment's notice. His Honour: You need not do that. Mr; Wilford: I would like a brain specialist. His Honour: It should bo the most eminent man here. Many, of course, are awav at the war. His Honour decided to adjourn the caso till Friday next. Mr. Wilford said that it would then clash with other cases, and added: "Make it a fortnight." His Honour thought they might just as well mako the adjournment for two wppl« as one. Mr. Wilford mentioned that he would endravour to get the services of Dr. Truby King. His Honour: I don't think there can he nny ohipction to him. Mr. Wilford: Your Honour, may I crave tho further clemency of the Court, and nsk for an adjournment for thrpt> weeks? His Honour: I don't suppose another wpplc will make anv difference. Mr. Meredith: Oiilv, Your Honour, th»t that clashes with Masterton. Mr. Wilford: Well, mako it a month. And so the case which, after long delay, was to hnvo bppn heard vesterdav, was adiourned for a month. Tn the words of the Court prior: "The Court stands adiourned till October 2. at 10.30 a.m., i'or the hearing of this case."