THE WAIKINO MURDER.

Manawatu Herald, Volume XLVI, Issue 2695, 14 February 1924, Page 3

THE WAIKINO MURDER.

CASE FOR THE DEFENCE. A PLEA OF INSANITY. Auckland, February 12. In the Waikino murder trial, Mr Sullivan, for the defence, said the defence was that Higgins was at the time suffering from a disease of the mind that rendered him incapable of knowing the nature of his act, and that he could not distinguish right from wrong. Was the shooting a criminal act or an insane act? There was no motive in shooting the boy McLean, urged counsel, because Mrs McLean was the one womhn Higgins desired his wife to visit. As regarded the boy Stewart, his people lived in another district, and, in his case also, the crime was without motive. Regarding the evidence to be submitted, counsel said that a Waihi solicitor, James Montague, would state that for years Higgins had called at liis office every week in regard to supposed grievances against his neighbour’s. At first Montague believed they were genuine but afterwards came, to the conclusion there was nothing in what the man was talking about. At first he charged a guinea for an interview, then 10/6 and finally nothing. On one occasion, in which a motor cyclist whizzed past Higgins’ cart, accused said he would put a hole in the fellow’s hat. and that he was one of his enemies. On being told by a farmer that it was foolish to talk like that, Higgins replied: “You show me the law (hat says I cannot shoot off his hat.” “Mrs Higgins will tell you what I may describe as a very extraordinary story indeed,” continued counsel. “Their second home on the farm was a log cabin, built by Higgins himself, and it was when (hey occupied that place that his delusions began. He thought neighbours came to his incfibator and killed his chickens, so he cut a loophole in the wall through which to watch for the supposed enemies. The family shifted into an iron house, ai\d Higgins actually erected a trap-door through which to escape in (he event of people approaching the place. He declared that, his neighbours watched all his movements through telescopes, and he refused to go into the house unless the blinds were down and the lights lowered. The last home occupied on the farm was a wooden structure, and Higgins bored holes in the new building to see out on. one side where there were no windows. So convinced was he that he was being molested, that when he and Mrs Higgins were sawing timber lie used to lock their little son in the house to watch over the property. At night the little fellow was put into the stable, where he had to remain until morning. Higgins believed that neighbours stole the queen bees from his hives, and put their cattle in the paddocks. He also frequently held conversations with imaginary persons.” Counsel concluded that medical evidence would be called to show that Higgins was insane. CONFLICTING EVIDENCE OF MEDICAL MEN. REGARDING ACCUSED’S MENTAL STATE. Dr Bull said that the accused was suffering from chronic insanity through the delusion of persecution, and wa.s likely to become subject to homicidal mania. Witness said emphatically that he believed the accused suffered from disease of the mind to such an extent that he was incapable of understanding wliat he did at the school that he did not know it was wrong and that he came within the definition of irresponsibility. Mr Meredith (Crown Prosecutor) Do you suggest that when he pulled out the revolver and covered the headmaster he did not know he had a revolver in his hand? Witness: It is quite possible he may have known it would do a certain amount of harm hut I think he was unconscious of the degree of harm it would do. Drs. de Clive Lowe, W. E. Williams and E. B. Gunson also gave evidence for the defence to the effect that Higgins was suffering at the time of the tragedy and at present from chronic delusional insanity, and was insane in the legal sense at the time of the shooting and did not know the nature of his act. . In rebuttal the prosecution called Drs. St. L. H. Gribben, in charge of the Tokanui Reformatory, T. G. Grey, Superintendent of the Nelson Mental Hospital, D. N. W. Murray and R. M. Beattie, Superintendent of the Auckland Mental Hospital. With the exception of Dr, Beattie, all these doctors were of the opinion that Higgins was insane. and suffering from chronic and systematised delusional insanity, but when he did the shooting knew what he was doing and that he was doing wrong. This witness considered Higgins left his home with homicidal tendencies. On being cross-examined witness said: “I did not say Higgins was insane. There was mental abnormality, hut on the evidence he had, witness was not prepai'ed to diagnose the case. It was possible the man was insane.” The evidence was concluded and the case adjourned.