HENDERSON TRAGEDY

Hokitika Guardian, 16 February 1921, Page 4

HENDERSON TRAGEDY

VERDICT OF MANSLAUGHTER

AUCKLAND, February 14. The case of alleged matricide at Henderson came before Mr Justice Stringer and a jury at the criminal sessions of the Supreme Court This morning, when Frederick Spearpoint, aged twentythree years was tried on a charge of having about November 3rd at Avondale, murdered Nora Blanche Spearpoint. by striking her with an axe. Mr. Meredith, Grown Prosecutor, conducted the case for the Grown, and Mr Prondergast appeared for accused. In reply to the charge Spearpoint pleaded not guilty. On the application of his counsel, who stated that accused suffered from hip disease, Spearpoint was allowed to lie seated. Air Meredith said that accused, who „-as a natural son, was charged with the murder of his mother. The facts I of the case were practically not disputed, so that the question whether or not Spearpoint killed his mother would I cause the. jury no difficulty. His statements to a blacksmith at Hendeison practically settled the question beyond doubt. After his arrest accused in replv to Constable M'Glione, said he never had a father- and that his mother had said she wished she had killed him when he was a child. There was no support for that assertion, beyond the statement made to the police after the occurrence. During the Grown Prosecutor’s address [o the jury aroused occasionally wept, hut became composed later and listened to the evidence. James Spearmint, labourer, said he war accused’s stepfather.

Cross-examined by Mr Prondergnst witness declared that ho never hoard his wife nap: accused. Counsel: Was she a little bit inclined to nag? —Not' to my knowledge. |)r Fullerton stated that the last witness said to him that he supposed the bov had lost his temper and his mother had probably been nagging him, as ,she was given to nagging and the hoy was of a violent temper. Dr. Murray described the head and body injuries, the result of which, he said, had caused death six days afteryards.

Cross-examined, witness said he had attended accused -in prison, and had found he was suffering from extensive tubercular disease. There were several operation sears. Counsel’s condition would cause irritability. Counsel : Would you describe accused as being of very strong mentality? -lie seems a little below the average general condition. Re-examined, witness said that Spear point was not particularly bright. In reply to his Honor witness said that provocation which a normal person might think slight might be resented more readlv by a person like accused.

Mr Prendorgast said there was no dispute that deceased died in consequence of a blow delivered by accused. The question was whether, on th ( . evidence, accused did not receive such provocation as to excuse the blow he struck. Counsel contended that as the result of angry words between accused and his mother, the former lost his temper and also complete control of himself. Hr struck her with an axe but had he had a piece of wood in his hand he would have struck her with the wood, and if had had nothing in his hands ho would have struck her with his fist.

Accused, Frederick Spoarpoint, was then called to the witness box. His evidence occupied half an hour, during which he gave a very clear account of incidents leading up to the altercation with his mother.

Accused, who had given his evidence with a faraway look in his eyes, as if picturing the scene, broke down when uttering the words, “Then I raised my hand and struck her.” Spcarpoint then buried his head in his hands and his counsel sat down. In summing up his Honour said he thought it was a reasonable inference’ for the jury to draw that nqpused inflicted the blow in a passion and upon provocation, and if they so found they would return a verdict guilty of manslaughter. The jury, after eighteen minutes’ deliberation. found Spcarpoint guilty of manslaughter, adding a strong recommendation for mercy.

Sentence will lie passed on Saturday