KAUANGAROA MURDER

Dominion, Volume 11, Issue 56, 29 November 1917, Page 6

KAUANGAROA MURDER

BENNIER SENTENCED TO DEATH

THEORY OF EPILEPSY NEGATIVED

By Telegraph—Press Association. Wanganui, November 28. Tho trial of Frank Edward Bennior for the murder of his wife at Kauangaroa on Soptember 10 was continued at the Supremo Court to-day before Mr. Justice Edwards.

The prisoner gave evidence and stated that ho did not remember the tragedy. He admitted prior to the tragedy telling tho police sergeant that he would "do for" his wife, but stated tliat he was not sober at the time. Ho might also have told another man ho would settle his wife, but he did not remember it.

Counsel for the prisoner contended that the crimo was committed during a fit of impulsive insanity. The Crown Prosecutor occupied only ten minutes in his address to "the jury. Ho contended that the crime was tie act of a revengeful man who was not insane.

His Honour, in summing up, occupied 20 minutes. Mr. Justice Edwards said the case was an extraordinary one in many ways. The prisoner had attacked six persons in the house before attacking his wife; The evidence shewed the prisoner to be emotional and of low intellectual ability. It was curious that no expert evidence had been cnlled for tho defence, counsel relying on medical support the pica of impulsive insanity. The jury, after three hours' retirement, returned a verdict of guilty. The prisoner made no reply when asked if ho had anything to say before sentence was passed. His Honour then put on the black cap and pronounced sentence of death.

THE CONDEMNED MAN'S EVIDENCE (By Telegranh-Soeclal Correspondent.) Wanganui, November 28. Frank Edward Bennier, arraigned on a charge of murdering his wife, at Kauangaroa, gave evidence on his own behalf at the continuation of his trial to-day. his wife had not left him with his consent, and the circumstances upset him. He saw her later and endeavoured to make her return to him. She, on the other hand, tried to get a separation, but no final arrangement was made. He had asked his wife, on the eve of the tragedy, to go back to him. She had said she would not. There was no quarrel. Witness went to bed at midnight and next thing he remembered was that he was in the hospital. Witness did not remember anything that happened between those- hours, and ho knew nothing abovit a conversation between Constable Egan and himself in the Hospital. To Mr. Marshall: If he had said anything ,to Constable M'Mullan about his wife iiaving I/ft him and ho would kill her, lie di/l not remember it. Witness might have said it, because he was tipset and worried, but he did not mean it. Tho Crown Prosecutor: Do you admit telling Sergeant Bnrlte that you would "do" for your wife?—Bennier: "Yps. sir."

Did you intend to do it?—" No. sir." Why! then, did you say it?—No answer. Will you answer that —"1 did not know what I was savin?." Were you sober at the time?—"No, sir." Do you remember taking a razor with yon?—" Well, I had n razor in my poe'v-et wVn I went out there." AVhy did you take your razor with you?—"I wanted to jzet it sharpened."

How did you manage before about vour razor?— "l linve a «trop, sir, but it got cut when I lent it- to a man at tli" miarries.'L

What was the man's n.-ime?—"He is n stranger to me, sir. He was workinp, there."

Row did yon address him?—"Oh, inst ordinary, sir. I could not address him hv his name because I did not know it."

Accused was submitted to n series of questions, !mt he denied nil remembrance after lie w°nt to hod on the night of the tragedy until lie came to in the hospital.

A strong argivnent put forth bv counsel for the defence was that of epilepsy. In reply to His Honour Dr. Wall said that, provided there was a total loss of T""i"ory guarding certain facts he would he inclined to accept the theory that t'>e attack was caused throush <?r hv epilepsy, hut if memory returned then witness would not he prepared to acenrt "the theorv.

The Crown Prosecutor: If the accused person had said. "T am soTry for the others, hut I wish I had made a. jnh of inv wife," aftpr the event, woiilrl not +hat npirativ" the theorv of ep ; '"Dsy'—Dr. Wall: "Yes, it would." The Crown Prosecutor: So that if n man hnd snicl to his wife, "I will kill you if you don't return to me." nntl a. few days afterwards he did k>ll hpr. would not that nlso e<cnlode the theory of epilepsy?— Dr. Wall: "Yes, quite." The jury returned much eoHier than exnected. nnrl ns a result of the unanimous verdict of guilty His Honour assumed the hiaek cap and pronounced the death sentence.