MURDER CASE

Hokitika Guardian, 27 November 1931, Page 5

MURDER CASE

THE TRIAL OF SMITH. MEDICAL MEN GIVE EVIDENCE (By Telegraph — I'er trees Association) HAMILTON, Nov. 25. The trial of Arthur Walter Smith, aged fifty years, a painter, of Hamilton for alleged wilful muder of his wife Lois Alexandra Smith, aged twenty-nine years, was continued, in the Supreme Court to-day. P. A. Courtney, traffic inspector at Hamilton, gave evidence as to seeing Mrs Smith while waiting for his bus’ (Mi the r.ight of the tragedy. Witness heard someone call “Goodnight” and recognised Mrs Smith. Frederic's A. De Mare, solicitor, of Hamilton, told the Court that he had known the prisoner for about for'y years and had b en a neighbour for fifteen years. Witness also had hern associated with him in camp at Trentham duing ithe war. Shortly before the tragedy Smith interviewed himover finance. Cross-Examined, witness said that Smith had told him of Pomesti: troubles. He told witness tin t his wife had a “meet” on with a man and that bis wife had said (referring to Smith) that she did not ltrow how sho would ‘bo able “to get rid of the old —Smith consulted him about a divorce, but thought it would he too expensive and that a separation would meet the case. AN ABSTEMIOUS MAN, Witness added that the prisoner was an abstemious man. He was particularly fond of children. For many years he was in the volunteer forces and ,at the time was captain of t•>» Frankton Fire Brigade, also president of the Motor Cycle Club. He held the rank of captain when discharged, from the Expeditionary Force.

Sara Eulalia . Lynch, a married woman, said that she had been a neighbour of the Smiths’ for some years. On two occasions she had been to panties with Mrs Smith. On© was on August 29, at Te Rapa. Cross-examined, witness said that there was a party on September 14 of an impromptu nature. The witness collapsed at the conclusion of ,tlie evidence. ''

Colin Percy Wish art, a railway employee, of Puketutu, told the ■ Court that he took Mrs Smili home from the Te Rapa party in a taxi. Cross-examined the witness sa ; d that he believed the date of the Te Rapa party was September 29. There was not much beer at ‘ the - party: ' The* witness said that he was “not exactly sober” when he took Mrs Smith home in the taxi. Ml's Smith was quite sober.

The first witness for the defence was Lilian Sshiltb, of Christchurch, accused’s youngest sister. Slip produced a death certificate of her father showing that he Had died nt Sunnyside Mental Hospital in 1888. IVitness referred to another relative, who was not quite normal. Dr M- M. Hockin ,medical supevintendent at "Waikato Hospital, said Pmith was in the hospital for twentythree days. He had a long deep wound on the right side of the neck, which, if a little lower would have been fatal. Prisoner was very de pressed for a while. Later be seemed to be in a state of exhultation, and V"s anxious to discuss the affair. Witness never received the impression that Smith was worried. On the night bicforo he left the hospital, Smith seemed concerned about his children’s future. Smith had said he was not clear wha.t happened after he srot out of bed. He did not seem concerned about the tragedy. Witness considered that Smith was somewhat abnormal mentally. IMPULSE TO KILL. He believed that Smith was telling tho truth when he said was unable to control the impulse to kill liis wife. Witness did not mean to infer that an absence of regret was the cause of accused’s callousness. Dr J. Williams, superintendent of Porirua, Mental Hospital .considered that Smith was not up to normal in his mental make-up. He did nA> think the- prisoner was the type of man to plan to kill his wife in told blood, or with the courage to commit suicide. A s the prisoner, on retiring, leaned over his wife in bed, looking in her face, she symbolised to him the domestic tyrant and extravagant woman, one unworthy to be the mother of his children. LOSS OF CONTROL. This last impression caused the final loss of control which had already weakened by a series of stresses of constitution. He was inherently weak. He thought she must be exterminated. A mental specialist, l)r Gribbcn, also considered that the prisoner was incapable of knowing what he was doing when he killed his wife. However he was not c-ertifiably insane at any time. The case for the defence closed and the court adjourned till to-morrow. FOUND NOT GUILTY ON GROUNDS OF INSANITY HAMILTON, Nov. 26. Summing up in the Smith murder trial, His Honour remarked that the ease was made mom simple by the fnet that the accused had admitted the offence in a statement. It had been stated by the defence that there

were three views that the jury could take. One was that the accused had killed the woman knowing what h’ was doing. If that view were accepted, it would he murder. Dealing with the second view, that of provocation’His Honour said that the act of killing could be reduced to manslaughter if a person caused the death in the heat of passion and by sudden provocation. Was there anything in the evidence to suggest heat of passion or sudden provocation on { the part of the woman?' It had been suggested that, the woman had abandoned and been utterly unfaithful to her husband. The jury might think that the circumstances were suspicious, but it was for them to say whether there was any definite proof of adultery. Commenting on -the view that accused wa9 insane when he committed the act, His -Honour said that the burden of proof that he was insane rested with the accused, Did he understand what he was doing when he was cutting his« wife’s throat? Was he suffering from some disease of mind which renderhim. incapable of understanding the nat. ure and the quality of his act? A mere conjecture was not sufficent proof. Reasonable evidence must be put before them to warrant this opinion that the accused was insane at the time that he committed Itbe crime. His Honour reviewed the expert medical eivdence as to the prisoner’s mental state. He emphasised that they were concerned only with the legal view, and were not uncontrollable for the impulses referred to bv some of the medical witnesses. If every act were condoned on the grounds of uncontrollable impulse, where would it lead? Judges had decided that for the safety of ,human life and the security of prouerty, the definitions as recently described to the jury should apply. The jury retired at 3.6 p.m. Later the jury returned with a verdict of not guilty on the grounds of insanity. The accused was ordered to lie detained at the pleasure of the Minister of Justice,