THE AUCKLAND TRAGEDY.

Gisborne Times, Volume V, Issue 59, 11 March 1901, Page 3

THE AUCKLAND TRAGEDY.

NOT GUILTY BECAUSE OF

INSANITY,

Per Press Association —Coyyriglit. Auckland, last night

In the charge against ,Tatuc3 Millor of murdering his son, the jury returned a verdict of not 'guilty, on the grounds of insanity. Tho prisoner was placed in eustody till tho decision of the Colonial Secretary is made known.

THE CIRCUMSTANCES.

| Special to Times.]

Auckland, Saturday,

As was expected, a verdict of not guilty owing to insanity was returned to-day in the case in which the man James Millar was charged with murdering his infant son. In opening tho case Mr Tolc stated that accused and a woman named .Sarah Arm L’iper had lived together for seven years us man and wife, Beyond tho occasions when tho prisoner got into a violent temper, they appeared to live happily enough, and tho woman had three children by him, two littlo girls and a boy. On December 4, as the result of threats, the woman left accused, taking with her the children, and went to live with a Mrs Dyer in Pitt street. The prisoner called on several occasions, and tried to persuade the woman to return homo with him. .She refused, and on the evening of Saturday, December Bth, lie took the boy Herbert Edward away with him, This was the last time tho woman saw the boy alive, as lie was brutally murdered the same night, his throat being cut with a knife. Prisoner was subsequently taken to tho hospital. On being released, lie was arrested on the present charge, but said nothing at the time. Subsequently, however, ho said to a detective, “ l knew nothing of this till a couple of days ago,” and afterwards, “I suppose I’ll got the ropo for this.” Sarah Ann Piper, who had lived with the prisoner as his wife, was the first witness called. She said she had lived with tho accused some seven years, and lmd had three children by him, one of them being the deceased boy, Herbert Edward George Piper, who was about four years of age. Witness last saw the boy alive on the evening of Saturday, December Bth. She and Millar did not live very happily together, because of accused's bad temper, and she had left bocauso she was alraicl to stop, lie having threatened the children and herself. Ho threatened to knock the children's brains out, and also several times to knock witness’ brains out, It was in consequence of tho threats that she loft, with the three children, on Docomber 4th, and went to live with a Mrs Dyer, in L’itt-street. Prisoner discovered their whereabouts two or throe days later. Coming in over tho back fenco of Dyer's, prisoner asked hor to return, and, picking up an axo, said lie would knock hor down with it if sho did not. Ho then took away tho deceased boy, Herbert, and the littlo girl, Irono. This was done without her consent, and prisoner at the timo said ho would bo back in an hour. He relumed as promised, with the children, and repeated the request to her to return, but she again refused. On tho Thursday evening, and again on b'riday and Saturday, ho came back, on the latter day at eight p.in., when the ohildron cried to go home with hint. Although witness protested, and threatened to" put the police on to him if ho took them away, ho ultimately loft with tho boy, who was crying to go. This was tho last occasion on which she saw tho child alive. Accused was sober when ho went away, and not in the lmbit of drinking, only taking a glass or two now and then. Cross- examined by Mr Itccil, witness said that herself and accused lived happily enough when ho was not in a touipcr. During the seven years, accused had on live or six occasions attempted to commit suicide in various ways. Prior to going to live with Millar, she had been warned that ho had a bad temper, and lmd subsequently heard that ho lmd been in an asylum. Re-examined by Mr Tole, witness said it was somo 20 years ago tlmt accused was in the asylum. She had told him when in some his fits of temper tlmt it would end in his getting a rope round his neck, anil ho had replied to tho effect that it didn’t matter if he killed anybody, as tho law could not touch him, because ho had been in an asylum. Dr Beatty, resident surgeon iuelmrgo of the Avondale Asylum, producod the documents certifying to the admission of the prisoner to the Asylum in October of 1881. Ho was admitted on tho representations of two medical men, and lmd been considered eccentric from early childhood. Witness thought that once a person had been insano iio or sho would bo liable to again bocoiuo insane at any timo on provocation. Accused's mother deposed that he had been peculiar from his infancy, and when sent to school his younger brother uscd“to bo sent to look after him. He was tried at three or four trades, but nevor got on well at any of them, lie was incarcerated in the asylum when about IS years of age, and had always beeiq looked upon as peculiar by witness, who would never lcavo him at home in care of the children. On tho eve of his marriage, when witness advised him not to marry, ho threatened to throw himself over the wharf, and carried on in such a remarkable manner that he had to be held by three or four men for somo time and watched all that night. Dr. Beale gave evidence as to peculiarities noticed in accused that led him to tiro impression that he was not right in the head. After hearing accused's history lie should call him a dangerous lunatic, and not tit to be at large.