THE TRIAL.

Manawatu Herald, Volume XXXI, Issue 471, 24 August 1909, Page 3

THE TRIAL.

The Act of a Lunatic.

Accused Committed to Porirua Asylum.

BY TELEGRAPH—OWN REPORTER. x Palmerston, To-day. The Court was crowded this morning when the Nye murder case was called on. ■A, Eoughnan, Crown Prosecutor, appeared for the Crown, and Mr T. M. Wilford for the defence. After hearing Mr Wilford for the defence, his Honour decided to submit three issues to the viury Whether accused stands mute of malice or by the visitation of God. (2) Whether accused was lunatic so that he cannot plead. (3) Whether he was sane or not. The following jury was empannelled I—Messrs1 —Messrs Clarke (foreman), Penman, McGrath, Anderson, Penton, Rennell, Jeffries, Cartright, Holbrook, Muller and Clinton. The first issue was then put to the Jury and the following evidence was given : A. R. Osborne, uncle of accused, said he could not say if the accused was born a deaf mute. Had always known him as a deaf mute. He could speak at school bu t not now. Joseph Stephens, Director of the School for Deaf Mutes at Sumner, received Hedley Nye at the -Institution in 1897. He was then a deaf mute. Saw him last night and found he had deteriorated. Have tried to communicate with him but could not make him understand the nature of the present proceedings. He is not capable of instructing his counsel. Dr. Arthur Crosby, Superintendent of Mount View Asylum, Wellington, said he had examined accused and found he was a deaf mute. His Honour then instructed the jury to return a verdict that prisoner stands a mute by the visitation of God, which was returned without retiring. The second issue, whether the accused was lunatic so that he cannot plead, was then put to the same jury. Mr Wilford addressed the jury 3% d stated certain delusions that accused suffered from and called evidence as follows: Dr Crosby said he examined accused last Thursday at the Wellington Terrace Gaol. He said that insanity was more prevalent in deaf mutes than in others. He suffered from delusions. The particular delusion was that babies were coming from his body and he was killing them. He found accused very restless, like a caged animal. Witness said in his opinion, as a mental expert, accused was a lunatic and unable to plead. He did not think accused could unoerstaad the .evidence being -given against him. Dr. Gilmer, of Wellington, said . he had had ordinary general practitioner’s experience in cases, of lunacy. Had examined accused on several occasions. Accused has certainly deteriorated since he has beep in gaol and suffered from delusions. He smiled when asked about the shooting of his father. It would be impossible to make accused understand the nature of

■ these proceedings. jPr Martin, Palmerston North, Sftitf that lie had had experience as a medical officer in an asylum for a short time. Saw accused last

night and from that interview felt absolutely certain that he would not be able to understand the proceedings in a murder charge. J. Is. Stephens gave evidence as to the time accusal was in the institution at Sumner. He pro*

ditced a letter received from accused shortly after he left the institution in which among other things he thanked the Director of the institution for what he had been taught. Witness said that accused was now in an entirely different condition mentally than he was at that time. It is absolutely certain that accused could not now be made ro understand court proceedings, he"has deterioated so much.

Cecil Dis, solicitor, Wellington, said be had acted for accused and his mother for three years. Had seen accused frequently during the last three years, and found that he had deteriorated considerably during that time. Since the proceedi ings in the lower court, had seen him in Wellington, and in reply to questions he wrote replies, among which Was “Prince Hedley, son of King Kdward, when Prince of Wales go to die, I will be King Hedley first.” His Honour, summing up said that the duty of the jury was not to find whether accused was sane at the time of the shooting, but whether he was capable of understanding the proceedings of a murder trial, and able to instruct his counsel as to his defence. The evidence seemed to his Honour to show that it would be wrong to proceed with the trial. The jury, without retiring, found the prisoner to be a lunatic, and that he was not capable of pleading.

His Honour ordered the prisoner to be kept in strict custody in the Porirua Mental Hospital, until the pleasure of the Minister of Internal Affairs is known.