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ATTACK ON WIFE

A HAMMER USED QUESTION OF EPILEPTIC AUTOMATISM RAISED [Fxb United Pbess Association.] AUCKLAND, February 14. The most serious case in the list at the present criminal sessions was entered upon in the Supreme Court today, when Lawrence Mackenzie, aged forty-one, was charged with attempting to murder his wife, Honor Clarke Mackenzie, at Parnell, on December 30. There were minor charges of assault, causing actual bodily harm, and of common assault. The accused, who was defended by Mr Allan Moody, pleaded not guilty to each of three counts. Mr Meredith, prosecuting, said the Mackenzies had been married for about twelve years, and there were live children. The marriage had not been a happy one during recent years. Last year Mrs Mackenzie left the accused and took two of the children with her to Whangarei. She returned to Auckland shortly before Christmas, the idea being that she should get furniture m order to set up a home in Whangarei. On December 29 accused and his wilo were at their home in Parnell, the other occupants being five children and a man named Bennett. Mackenzie spent most of the day in writing letters, and in the evening he called on a neighbor and borrowed a hammer. Airs Mackenzie went to bed, leaving her husband writing. There was a gas jet in the middle of the room. In the kitchen next _ door there was a gas griller, to which a tube was attached. Mrs Mackenzie would state in evidence that sho heard her husband come in about midnight, and heard him talking. She went to sleep again, but in the early hours of the morning she was aroused by hearing her husband moving about. She dosed off, but later she was awakened violently. Finding herself bleeding profusely from a wound on the temple, she struggled out of bed and tried to get to the door, She wanted some water, but the accused said; “You don’t want any water. Wo are here to die together.’’ Sho managed to get to the kitchen, where she washed the blood off her head. Later she aroused Bennett. It was found that the tube of the gas griller had been removed from tho kitchen, and one end attached to tho bedroom gas fixture and one end put under the bedclothes. Mrs Mackenzie was examined by a doctor, who would state that the wound on her head was of such a character as might have been caused by a blow from a hammer. Bennett spoke to Mackenzie, who said if be had been left alone it “ would all have Hen over in a few' minutes.” Letters which the accused had written had been put in the fireplace, and had not been recovered. A razor was found with blood stains on it, but it was possible that these were caused by being handled—there was a lot of blood about the room. In a statement made to the police the accused said he and his wile had discussed separation, but not m tho courts. Ho said the injuries must have boon caused by his wife herself. “I cannot understand how she could do this. Blood makes me sick,” he added. “It 1 hud wanted to do my wife in Bennett could not have stopped me. Bennett is not the man who caused the trouble. Jt is another man. Bennett is a friend of mine.” A sister of Mrs Mackenzie would give evidence that there had been threats of violence by the accused against his wife and children.

In tho' course of her evidence Mrs Mackenzie described the happenings of the fateful night. Witness admitted that about eight months ago her husband lost his farm, his money, and everything else. He had been in bad health for some time past, and was subject to fits. Alter these fits ho would argue with her as if he did not know who she was.

Evidence was given by Dr E. D. Aubin, who described a wound on Mrs Mackenzie’s forehead. It was probable that the cut had been inflicted by a glancing blow from a hammer. His Honor: What do you think would cause the accused to hit his wife in the manner suggested? Dr Aubin: 1 think it very likely this was the result of epileptic fits. I am basing my statement on the medical history of the case. Air Aleredith: But if there were a motive epileptic automatism could not bo put forward as a reason. Dr Aubin: Oh, no. Epileptic automatism is a very rare disease, and is dissociated from motive of any sort. According to Mr 11. Bennett, freezing hand, who boarded at the Alackenzies’ home, when the accused same to him after Mrs Alackenzie had awakened, he said: “1 do not know anything of what has happened.” As witness passed through the house earlier in the night he saw the accused writing. Afterwards Alackenzie put on a clean shirt, and before he left for the police, said: “You don’t want to have anything in your poc.S ts when you go for tho police.” So saying, ho had put some papers in the grate. Airs Gertrude H. llamsbottom, of Henderson, sister of Airs Mackenzie, said the accused had once threatened to “do away with them all.” One day he and Airs Alackenzie were arguing when accused laughed and said his wile should have her throat cut. “While I was patrolling in Parnell about 4.30 in tho morning I was accosted by the accused, who said he wanted to give himself up for something he had done to his wife,” stated Constable Collins. The accused had asked to go to the house. On the way he said: “It is strange how a man will hurt the dearest thing to him on earth.” Describing the scene at the Alackenzies’ house, witness said that Mackenzie brought him tho hammer, hut there were no stains on it. Accused would not explain what it was he had done. Addressing the jury, counsel lor the accused said that Alackenzie, having lost a farm after twelve years’ hard work, and being unable to get other work, had become depressed, “/f you are satisfied that at (he time of this crime he was mentally incapable of realising what he was doing you are entitled to acquit him,” added (ouusel. His Honor; Yon cannot argue that, counsel, unless you are pleading insanity. You cannot ask the jury to acquit him because at the moment be was not responsible for what he nas doing when he was not insane. There must be either a plea of insanity or not. There is no halfway house. Counsel: I realise that, and am prepared to leave that issue to you. In his address to the jury, when directing them, His Honor pointed cut that they could not acquit accused simply because they might believe him mentally depressed at the moment, although not insane. After a retirement of three-quarters of an hour the jury returned with a verdict of not guilty of attempted murder, but guilty of assault and causing actual bodily harm, with a strong recommendation to mercy. Sentence was postponed.

Permanent link to this item
Hononga pūmau ki tēnei tūemi

https://paperspast.natlib.govt.nz/newspapers/ESD19280215.2.5

Bibliographic details
Ngā taipitopito pukapuka

Evening Star, Issue 19791, 15 February 1928, Page 2

Word count
Tapeke kupu
1,190

ATTACK ON WIFE Evening Star, Issue 19791, 15 February 1928, Page 2

ATTACK ON WIFE Evening Star, Issue 19791, 15 February 1928, Page 2

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