NEW LYNN MURDER TRIAL.
NORGROVE FOUND GUILTY
DEATH SENTENCED PASSED.
Auckland, May 15
The trial of Allan George Norgrove on a charge of murdering his sister-in-law, Ernistina Mary Norgrove, at Card well Street, New Lynn, on March 7, was continued in the Supreme Court 'before Mr. Justice MacGregor and a jury to-day Mr. Allan Moody and Mr. M. R. Reed appeared for accused, who pleaded not guilty. Mr. Meredith conducted the prosecution.
Dr. Prins, medical superintendent of Avondale Mental Hospital, said he had examined accused and was quite satisfied that he was not suffering from any mental disease. He was of opinion that accused should be quite capable of know ing what he was doing when he struck Mrs. Norgrove with a flatiron. What he had heard of suggestions regarding prisoner s family history did not affect his opinion. ‘ _
Answering Mr. Meredith, Di. Prins said in his considered opinion the crime was not of a. man suffering from dementia precos. He thought the crime was the result of a fit°of temper following an argument.
Dr. H. D. Hayes, medical superintendent of Porirua Mental Hospital, Wellington, said he could find no evidence that accused had been suffering from dementia precos during the last three years. Mr. Moody: When you were at the-gaol did you find any evidence of mental deficiency in his family? Witness: I tried to find out from him. What did he say?—“He denied that there were any.” Accused (from the dock): That s a lie! Dr. Childs, medical superintendent of Tokanui Mental Hospital, said he had satisfied himself that Norgrove was not suffering from any mental disease. He would bo conscious of the nature of his act and there was nothing in his condition to prevent him realising it was
wrong. Dr. Tewsley, gaol surgeon, said there had been nothing to suggest mental disease or to suggest that Norgrove would not know what ho was doing with a flatiron. JUDGE SUMS UP. “A most responsible duty is cast upon you by law, but in one respect it is not difficult,” said the Judge at the outset of his summing up. “Unlike most cases of this character there was here no disputt that accused killed the unfortunate woman and the only issue w r as the state of his mind at the time ho committed the deed.” Manslaughter was a form of charge they could dismiss from their minds. Murder was the indictment, and all the evidence supported it. The only possible verdicts were those of “guilty” or “not guilty.” On the ground of insanity. The law the Judge told the jury, was very precise on the interpretation of insanity in such cases.” He re-read to them the sections of the Act previously quoted, mentioning that the onus of .proof of insanity lay with accused. “Some men say that no man is sane who commits a nnu der or suicide, but that is not tho law,” His Honour directed. Eor such a defence to succeed it must be proved that accused was labouring under a diseased mind or 1m becility, and most certainly there was no imbecility in this case. Put plainly, the issue was: Did Norgrove know that he was killing the woman and was he conscious of the wrongful nature of his Act?
A TEStf FOR THE JURYMEN. His Honour, during his address repeatedly reminded itlie jury «of this ultimate question to put to themselves. Reviewing the evidence, His Honour commented that accused had killed a woman in a brutal and cowardly fashion, and passed on to the evidence of Norgrove’s behaviour in childhood, his bad temper and fits of depression, and the statement in court about this and accused’s family history, which, on his mother’s side, had been shown not to be good from a mental point of view. Most of this evidence, he reminded the jury, had come from members of Norgrove’s family themselves. The point had been made that accused acted on a sudden impulse when temporarily insane, but it was difficult to see how sue ha suggestion could succeed, for from the evidence there appeared to be more than that in it. Rather did the evidence show that the crime was the culmination of a quarrel. “Neither you nor I have anything to do with the question of penalty,” said the Judge* adding that it was for the Executive Government of the Dominion to say whether in the event of a verdict of guilty the penalty should be exacted in the full degree. There was no direct evidence of accused’s state of mind at the time he committed the murder. Naturally, then, it was largely retrospective. Dr. Beattie diagnosed mental disease in accused, but unfortunately for prisoner four other doctors held opposite views and had stuck to their guns through a fire of cross-examination. Norgrove, it had been shown gave a very clear account of the occur-' rence when he had gone to the police after the murder. As a defence violent temper was nothing and gusts of passion did not avail. The issue, the Judge repeated, was whether at the time of the murder Norgrove knew what he was doing and realised that it was
wrong. “Do you think that Norgrove would have killed the woman as he did had a policeman in uniform been watching?” he suggested to the jury as a test to put to their own opinions on the question of Norgrove’s consciousness of his act. “Consider carefully and cautiously,” the Judge told the jury, Joking Itjhem to weigh not only the serious character of the i crime but the consequlnces of such to society. He had spoken for three-quarters of an hour, and the panel retired at 4.45 o’clock. THE JURY’S VERDICT.
The jury was out for threequarters of an hour and returned with a verdict of guilty. The Judge said the verdict was the only possible one.
As accused was led away by the warders he called out to a brother who was in the court: “Look after mum!”
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Manawatu Herald, Volume XLIX, Issue 3793, 17 May 1928, Page 3
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1,002NEW LYNN MURDER TRIAL. Manawatu Herald, Volume XLIX, Issue 3793, 17 May 1928, Page 3
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