TIMARU MURDER TRIAL

Hokitika Guardian, 12 February 1921, Page 3

TIMARU MURDER TRIAL

fBY TELEGRAPH —PER PRESS ASSOCIATION

PRISONERS’ COUXXEI.’S ADDRESS

CHRISTCHURCH, February 11

In the murder case, addressing the Jury, Mr Thomas said, that they would have to he satisfied that the accused wilfully committed the crime with which lie was charged. He expressed his appreciation of the fairness of the Crown Prosecutor. There were two

'points on which they had to be satbj iit tl—That accused did the act, and did j it intentionally; that he was sane when I lie did it. There was an overwhelming j body of evidence to prove the presence lot' the accused in Tiniaru, and the ticket picked up at the murder bore tho , impression, of his stamp, hut that did ! not justify them in convicting accused jof the murder. Tho whole evidence was circumstantial. Barring the incident of ' the finding of that ticket, and the preJ senee of Matthews in Timaru, what evidence had they to connect Matthews ■with the murder? What was the proof? j That accused was in Tiniaru and dropI ped the ticket? What other point? ! That the cartridges found at the scene [of the murder were from Matthews’ | pistol. Mr Thomas referred to the ri- | fling on the bullets and the statement j by a firearms expert that on each of : the bullets lie fired from Matthews’ pistol, there was a small scratch; and also that on the bullet extracted from Wagstaff's body there was no scratch.

Counsel referred to the fact that Knapp had failed to identify the accused. and went on to deal with the phases of Matthews’ family history. The Crown no doubt, would make much of the fact that a number of members of

(he family were respectable men, but it should be remembered that a person burdened by. a hereditary strain was liable tfo bend under stress. Mr Thomas spoke of the contradictory nature of the medical testimony, and said it was left to the jury to decide whether the accused, by his notions, connections, and letters could be considered sane. He dwelt on the fact that Drs Gribhen and Gray had made a comparatively brief examination of the accused, and he submitted that their evidence was worthless. He contended the-accused acted under the stimulus of paraniac, and pulled the trigger without knowing what wrong he might he doing In his concluding remarks, he said, the accused was a mental leper, and as long as he was allowed at liberty, would be a menace to the community. I now place the life of this young brother in your hands, and, only add:

.“God have mercy.” j The Grown Prosecutor will address the jury to-morrow, and his Honour will sum up.