A NEW DEFENCE

Dominion, Volume 13, Issue 217, 8 June 1920, Page 5

A NEW DEFENCE

u UNCONTROLLABLE ACTION OF SUBCONSCIOUS MIND" A PLEA THAT FAILED By; TeleETSph-rPrees Association. Auckland, June 7. "The uncontrollable action of the subconscious mind" was pleaded as defence by Alfred Hill (Mr.'llampson), who wis charged in the Supremo Court, before Mr. Justice Chapman and' ft jury, with having, at Te Puke, on May 1, indecently assaulted a boy of nino years. The' Hon. J. A. Tole, K.C.,' who appeared for tho Crown, in the «ourse of the proceedings pointed out that in the Thaw .case in America the "brain 6torm" and the "unwritten law" were pleaded- Now there was this new defence, with: special application to returned soldiers. The jury had to l»o guarded: against tho introduction of row theories with regard to these men. They had' gratitude, but they could not ihftve special privileges in tho administration of tho criminal law. Accused gave evidence of his way service and of his having suffered pains in the head aiter an operation for wounds in the ncclc. Ho recollected speaking to tt boy at Te Puke, but did not Temcmber committing the alleged offenco. Medical evidence in support of prisoner's contention was given by Dr. Peter A. Lindsay, of Auckland, who stated that ho had examined accused and felt that the Court should give him every consideration. He considered that Hill did jiot have a clear mental idea of what he was doing because his mental control, had failed to function, and he was suffering from uhycho-neurosis. D.r. Cyril H- Tewslev, who also examined accused, said he believed that accused did not know ivihat he was doing or the nature of his act. Witness would not have certified him insane three or four hours, after the offence, but ho would certify that foe had lost his selfcontrol and that he had ho power to distinguish when he did tho alleged act, whether he was doing right or wrong. Medical evidence in Tebuttal ivns brought forward by tho Crown. Dr. Beattie' (superintendent of the' Mental Hospital)] Dr. Thomas Pettit (with fivo years' experience of military hospitals), and Dr. Murray (gaol surgeon), who had also examined accused, expressed the I opinion that prisoner knew the nature and quality of the act alleged, and that he knew it was wrong. Dr. Beattie further expressed tho opinion that Hill had never suffered from phycho-neurosis at any time. .Mr. Tole pointed out to the,jury that tho defence 6et up was not known in law. The prisoner could be acquitted 'only if ho were found insane. They would bear in mind, however, that not one medical man would say Hill was insane. _ His Honour, in summing up, said that Bio legal terminology of tho offenco was that accused was insane. Where a crime was committed only imbecility or "diseaso of tho mind," to such an extent as to render accused incapable of understanding the nature .and quality of his act. would excuse him. The jury, after an hour's deliberation, found the prisoner guilty. Sentence was deferred, •