MAKARAKA MURDER

Manawatu Herald, Volume XLVI, Issue 2710, 20 March 1924, Page 3

MAKARAKA MURDER

SCOTT CONDEMNED TO DEATH.

SAD PERSONAL AND FAMILY HISTORY. Gisborne, Yestevady. At the trial of Robert Henry Seott, on the charge of murder of the little girl Murray, Detective McLeod produced a letter written by accused to his father, admitting his ‘ guilt, in which he stated: “God forgive me for bringing this shame and sorrow to you. May God have mercy; I expect none in this world. Whatever came over me to do that, God only knows and understands. He knows that I could not master myself and seldom could. All I can do is to tell the truth and take the law’s punishment, whatever it may *be. T!ie rest is in His hands.” The following statement had been made by accused’s father to the police: “I am a. woollen operator, at the present time Avorking at Palmerston North. I have to-day been shown a photograph of Robert Herbert Seott by Detective Russell. I eau identify this as being my son. My son was born at Kaiapoi on May 11, 1890. He was educated at Kaiapoi school, passing the Standard VI. He had been following labouring employment in different parts of the Dominion. The last time I saw him was two or tliree months ago. As a boy, he was subject to violent fits of temper and also had a very peculiar manner, and I could never really understand or trust him. Whilst my son was in Waiberia prison camp, I Avas informed by Mr Jordon that he was subject to violent fits of temper. Mr Jordon read a report to this effect to me. “The maternal grandfather of my ■son was an inmate of Sunnyside mental hospital for over 30 years to my knoAvledge. and died there. He was admitted to the hospital from Kaiapoi Island. One of his two uncles had also a peculiar manner, and.l think, has been in trouble on two or three occasions. My own father committed suicide at Kaiapoi about 25 years ago. My father Avas also regarded as an eccentric man in his latter years. I omitted to say that since the Avar my son had been drinking to excess and when under the influence of drink, Avould do anything for money, and did not appear responsible for his actions. I have been surprised that my son has kept out of the hands of the police for so long. My Avife, prior to her death, always put the peculiar manner and actions of our son down as being traceable to her OAvn father.” For the defence, counsel placed accused in the Avitness box. Speaking in a firm voice Scott said be was 34 years of age in May. His mother’s father had been in an asylum since before prisoner could remember. His father’s father committed suicide and a sister had been subject to a nervous disorder. Prisoner had been informed that at times she was quite, insane. One of bis father’s relatives bad been convicted in Wanganui for he believed a sexual offence. Witness had suffered from a nasal complaint from birth and as a child had had an obnoxious discharge from the nose. He had never had the sense of smell. His school life was hell because he was shunned by bis playmates who only made a butt of him. He was convicted in 1911 for stealing bicycles and got five months’ gaol and put in the tailors’ shop with sexual offenders and habitual criminals. Later he was sent to a tree planting camp then to Auckland for medical treatment over his nasal trouble. After his discharge from gaol he was in Wellington and being thirsty, went to a house for a drink. He found no one at home so he changed suits of clothes. That night he realised what he had done and gave himself up to the police, receiving one year’s gaol and three years reformative treatment. He was later medically examined, sent to Auckland and discharged. In 1917 he enlisted but owing to illness saw no fighting. He did not remember anything about the murder, except what he had stated in his confession. Medical evidence was also called for the defence to support counsel’s contention that prisoner did not know what he was doing at the time.

Mr Waucliop, for the prisoner, addressed the jury ai length and concluded by asking what chance in life had the prisoner with a fearful nasal trouble and the terrible taint of insanity in the family, in addressing the jury, Air Nolan,

the Crown Prosecutor, contended that prisoner was not insane at the '' time and quoted the law on crime and insanity. In the hrst place, the girl had screamed and he had caught her by the throat. For what purpose i To prevent any further noise. That was not the act of a mfi.n who didn’t know the difference between right and wrong. Another point was when he had effected his purpose he fled. It was safe to say prisoner would not have yielded to his impulse if a policeman had been at his elbow. It was their duty to return a verdict of guilty. Hi* Honour said prisoner was charged with murder. The evidence of the Crown was of a two fold character; that he committed rape and that he murdered the girl. They had the evidence of a large number of witnesses provng it was true and establishing the fact that Scott committed rape and murder. A very able defence iiad been set up. it was that he was insane, ft was the only possible defence he could have. The members of the jury must satisfy themselves that he killed the girl while labouring uuder a disease of the mind to such an extent as to prove he was incapable at

knowing Avhat lie did, but Avliat evidence had been proved towards that end? The only evidence Avas that of Scott himself. His- liisiury was a very sad history, hui it was very far apart from showing he Avas insane a t the time of the murder. The evidence seemed to His Honour to be I’nr from establishing the defence of insanity, as required by the law of New Zealand. The evidence, rather, was the other way. There was first of all, Seolt’s confession which was perfectly voluntary. He bad told them the whole story calmly, except when ho broke doAvn. Had not that been clear that he knew Avha.f lie was doing? Then there was the letter to his father. During the i rial he had shown no symptoms of insanity. Was it not clear he gave way to his passion, as in a case of rape? Unfortunately his victim screamed for help and if lie strangled her and killed her, he was guilty of murder. The jury retired at 6.40 and returned at 7.50 p.m. Avith a verdict of guilty.

Scott was seutenced to death. His Honour said he thought it only fair to add that the conduct, of the police and the detective force Avas Avorthy of high praise. They appeared to have acted promptly and with fairness to the prisoner.