DEATH SENTENCE

Hokitika Guardian, 13 June 1931, Page 3

DEATH SENTENCE

RICHARDS FOUND GUILTY. HAMILTON, June 9. Alter a four hours’ retirement, the jury found Reginald Norman Thomas Richards guilty on the charge of murdering Arthur Rossiter, aged 72, at Kapaki, on April. R). The verdict carried a recommendation of mercy, which his Honour Sir Alexander Herdman said he would see was forwarded to the proper qainter. Donning the black cap, his Honour passed sentence of death. Richards heard the sentence calmly, and fuming to Miss Rossiter, who was in court, said: “Good-bye, Olive; God bless you.” ’ Miss Rossiter replied: “Good-hve.”

Medical evidence, which did not agree, on the prisoner’s mental condi- ' tion, occupied the major portion of the proceedings when the hearing was resumed this morning. For the defence, Mr J. J. Sullivan said it was impossible l'rir him to deny that prisoner shot Rossiter. He put forward a legitimate legal defence, however, that at the time accused fired the shot he was sufficiently insane to render him incapable of understanding fully the nature or quality of his act. Medical evidence would he called to show that prisoner was epileptic. Thu man had made numerous statements to doctors and others, and through them all ran the same story. It went to show that lie was horn at Dawson City, Alaska, 37 years ago. He went to the war with the Canadian forces, was hadlv wounded in France; one of his wounds was in his neck. He was definitely suffering from epilepsy, and while actually in custody awaiting trial lie had been seized with an epileptic fit.

Rare Disease. Medical evidence would show, counsel continued, that prisoner was suniaing from sinusitis, a disease aff-ct.iig the tissues and cavities at the back oi the nose, and a disease which dclin.il ly led to insanity. The present was the ■first case 'lie knew of in New Zealand during the past 30 years. That actual disease of the brain had oeen advanced as a defence in criminal prosecutions, Mr Sullivan referred to other well-known murder trials, including those of Lionel Terry. Dr Cook and Higg.ins, the Waikato tnurdei' r, where it was proved that they suffered from hallucinations and Wire under the impression that they were being persecuted. In the present case it was submitted that prisoner suffered from mental disease. Behind the nose was a fine- tissue through which passed a series of nerv s. An X-ray photograph of prisoner's h ad showed that this tissue and the cavities hell’,id, known as sinus's, were all d:s■eased ; .that in consequence of this diseased condition his brain was Ukriy to he affected, and that it might render him unaccountable for his actions. Mr Sullivan went on to revriew the evidence and traced into prisoner’s conduct over a period of y ars strangeness of action, irresponsibility, moodiness, and absence of an appreciation of his acts. He quoted cases where epileptics committed assaults about which becoming normal again they knew nothing. 'The assault on 'Miss .• Rossiter with a spanner, said Mr Sullivan, was the typical act of, an epMeptic. Counsel In Id that Richard’s mental condition was such that he was incapable of appreciating the nature ami quality of his act.

His Honour’s Charge

In bis summing up, Sir Alexander Herd man said it was the duty ol the accused to prove that he was suffering from disease of the mind to such an extent as to render him incapable of understanding the nature and quality el his act and knowing that his pet was wrong. If the jury were satisfied that this proof hacl been established, then a verdict of not guilty on account of insanity should lie returned.