AN AWFUL CRIME.

Hauraki Plains Gazette, Volume XXXX, Issue 5451, 22 July 1929, Page 4

AN AWFUL CRIME.

AN INSANE MURDRESS.

MAN’S CONDUCT CRITICISED.

No case was made out by the prosecution against Henry Senar (34), ship steward, when he appeared at Liverpool Assizes charged jointly with Mrs Annie Stewart (31), with the murder of the woman’s two sons, Norman M. Stewart (7) and Gordon F. Stewart (5). The jury, by the direction of Mr Justice Shearman, found Senar not guilty, and he was at once acquitted and left the court.

Mrs Stewart, after 10 minutes’, consultation by the jury, was found guilty, but insane, and the judge ordered hex* to be detained during the King’s pleasure. “It is the. profound commonsensc of our law that it is left to the jury to say whether a person is sane or insane. Harley Street does not judge these things and we leave it quite properly to a jury,” said Mr Justice Shearman in his summing up. Before the Police Court magistrates the further charge was made against Senar, who is a married man with four children, of “counselling, procuring, and commanding” Mrs Stewart to murder her two sons. This charge was not now pursued. Before the court was opened there was a queue of would-be spectators nearly a quarter of a mile long, and only a small fraction of the crowd was able to gain admittance. Sir Reginald Mitchell Banks, K.C., (for the prosecution) said that Stewart was the wife of a packer, who said that she had been a good wife and mother. She asserted that at times her husband had not treated her kindly. ’

In July last, in Sefton Park, she became acquainted with Senar, and subsequently Senar visited her at her hoilse (added counsel) when her husband and sister were away.

Early on March 13, the day of the murder (Sir Reginald continued), Mrs Stewart went to a hair-dresser and borrowed a razor, saying that hethusband had broken his, and wanted to finish his shave. That was not true.

About 10 o’clock that morning Senar (said counsel) was seen to enter Mrs Stewart’s house. About 12.45 Mrs Stewart’s eldest boy went to Senar, who was in an entry near the house, and said : “Mamma wants you to go in.” The man, holding the boy ’s hand (Sir Reginald stated), moved toward the door of the house. About 1 o’clock Mrs Stewart ran out of her house and said : “I have killed my children,” adding that she meant to kill herself. The two children were found with their throats cut.. Senar did not deny that he knew Mrs Stewart, counsel proceeded, but said that he had never been in her house. The prosecution suggested that he was in there at the time of the murder.

Norman Stewart, husband- of Mrs Stewart, said in evidence that the death of her mother seemed to prey upon her mind. He; did not know that his wife knew Senar. He added that she was alternately cheerful and in the depths of despair, and would sit for a considerable time staring into the fire. She had outbursts of weeping without any apparent reason.

Detective Inspector Burgess' read a statement made by Mrs Stewart oh the afternoon of the crime, in which she said: “I have been unhappy in my married life, and he used to knock ine about. He won’t let me have any company, not even a young girl.. He hit me with his fists and knocked me over chairs. I ust killed one, then •another. When 1 saw blood I could not kill myself. I don’t remember doing it.” The witness also read a statement made by Senar, in which he said : “I have known Annie Stewart Jfor about eight months, I have never bee in her house in my life. I was not there on the day of the murders. Professor Roberts, Liverpool City analyst, said that on Senar’s clothes he found two spots of blood, one as big as a pea and another as big as a sixpence. One was on the inside of the right trousers pocket.

' Mr Justice Shearman : If he had put a bloody hand in his pocket there would have been a great many more stains than that.

' At the close of the case for the prosecution Mr Justice Shearman (as mentioned above) suggested that no case had been established against Senar. ' ,

Sir Reginald- Mitchell Banks said he had come to the same conclusion. Mr Justice Shearman : I am not saying that it is an improper or ridiculous charge. I have no word of criticism of the charg.j being brought r Senar has been unwise m telling lies, but he was a married man who did not want to be mixed up with a ’horrible tragedy for which he is partly responsible because he got the woman into a unhappy condition of mind I do not think there is sufficient evidence on which the jury ought to convict.

The jury consulted for a short time and then announced that they found Senar not guilty. Dr. G. Cole said that Mrs -Stewart had attempted suicide by swallowing poison when she was about 16 or 17 years of age. The causes o f the death of Mrs Stewart’s mother were complicated by mental disorder, and two sisters suffered from mental derangement Professor M’Fall, professor of foresenic medicine at Liverpool University, expressed that opinion that Mrs Stewart was insane when she committed the crime. When her mother died she would become more unbalanced, and, looking for something to occupy her mind, she took up an intrigue with Senar. The medical officer of Walton Gaol, called by ti e prosecution, said he had been unable to discover any sign of mental disorder in Mrs Stewart. The jury came to the conclusion that Mrs Stewart was insane at the time of the tragedy.