Condemned Man Breaks Down When Mother Gives Evidence For Defence

NZ Truth, Issue 1173, 24 May 1928, Page 7

Condemned Man Breaks Down When Mother Gives Evidence For Defence

Maniacal Frenzy

Was She Afraid?

The Black Cap

But Norgrove's self-control had given way. He became so distressed that for a few moments it seemed as though he would collapse.

He pulled himself together after he had received a glass of water, then — with a despairing glance towards his mother — he buried his head on his arm, hiding his face from viewShortly afterwards Mrs. Norgrove left the witness-box. As she passed the dock, her son looked up, murmuring: "Are you all right, mum?" His mother's reply was inaudible, but when she- disappeared through the side door of the court, accompanied by a relative, Norgrove broke down pletely.For some minutes he sobbed without restraint, then suddenly sat upright and writhed m his chair. A warder held a glass of water to his lips, but it was some little time before he regained any semblance of composure. A former schoolmaster gave evidence that he had lived next door to Norgrove for some years. "On several occasions," said witness, "I have seen the boy fight with his brothers and sisters. . . . He would then use anything that came to hand as a weapon. "I was interested m him and I have taken him quietly aside to ask him why he struck his brothers with a certain weapon. He would reply that he had never used the weapon. I considered him to be unbalanced." Prom the commencement of the medical testimony, Norgrove's attituda changed perceptibly. He became alert and followed the proceedings with close attention. Di\ R. M. Beattle was the first of the medical experts whose evidence had a profound bearing on the fate of Norgrove. I

For the defence, he stood alone m this respect, while against him were arraye.d. three other experts

from Government mental hospitals and the gaol doctor.

Dr. Beattie said he had been medical superintendent of the Avondale mental asylum for 29 years.

His first examination of Norgrove was 22 days after the tragedy. Altogether, he had examined him on five separate occasions.

"My diagnosis, was that he was suffering 1 from congenital mental instability," added Dr. Beattie, "and that diagnosis largely depends on what the prisoner told me himself."

Subsequently he had no doubt at all regarding his diagnosis, after he had inquired into the family history. He found there was evidence of Insanity on the mother's side.

Norgrove's brother was unquestionably an epileptic and his mother was highly strung.

"I concluded that after only slight provocation, he developed a frenzy, maniacal m character, during which he was irresponsible and did not fully comprehend what he was doing at the time."

Dr. Beattie advanced the opinibn that Norgrove had committed the murder when he was not responsible for his action.

Crown Prosecutor: Does it follow that because a child is extremely bad-tempered m early years there is any reason to anticipate abnormality? — It is often indicative of dementia praocox.

"You know that accused objected to the marriage?" asked Lawyer Meredith.

Norgrove (heatedly): "There was no objection by me to the marriage!"

To refresh Dr. Beattie's memory, the Crown Prosecutor read Constable Holt's evidence on this point.

"That's a lie!" Norgrove exclaimed angrily.

Crown Prosecutor (to witness): If that were so, he did have a feeling of anger? — If that were correct, probably so, but I am going on his statement to me.

To a further question, Dr. Beattie replied that he had not heard Miss White's evidence, whereupon Judge

MacGregor remarked: "I understood you were supposed to have formed your opinion on what you heard m court and on the evidence m court, m addition to your examination of the accused?" Dr. Beattie: Yes, Mr. Moody told me a certain portion of the evidence — " His Honor: "Otherwise, you don't seem to have made yourself acquainted with the facts." Crown Prosecutor: Mrs. Norgrove was frightened when she was m the kitchen, from what Miss White saw; is that not so? — She may have been trying to get away, but she was not frightened. However, I am quite prepared to accept your assumption. Norgrove (sullenly): "She was not frightened at all!" Lawyer Meredith (to witness)': Will you admit that from the time accused went to the house on that day, he was quarrelling with either Mavis or Mrs. Norgrove and that it was over an appreciable period of time? — Yes. Do you suggest that accused picked up the flat-iron and did not know he was picking it up? — I think he knew he was picking it up. And when he went into the front bedroom, where Mrs. Norgrove was, he knew he had the flat-iron ?— I do not know that. I am not prepared to say he knew what was. taking place after he picked ur the flat-iron. He was gradually working up to a state of maniacal emotion. ' He was m a temper immediately from the time he went Into the house? — Yes. And we have it from you that immediately he picked up the flat-iron he knew he had it m his hand? — Yes. He returned to Mrs. Norgrove, and, according to his statement, he started speaking to her again and had more words? — He may have known he was talking to her without actually knowing what he was saying or what his object was m saying it.

But the words were a continuationpf the quarrel?— Yea,

Would the accused not know he was doing wrong m striking somebody with a flat-iron? — I maintain that he did not know at the time.

How long do you suggest accused was m that condition ? — lt is utterly impossible for anyone to say. He may have been only a few minutes m the dark. ' ;

How long: do you suggest he has been m this condition of mental instability?— Since birth.

"Do you remember the reference when Norgrove went to the house and struck Mrs. Norgrove twice on the jaw; do you suggest he did not know he had struck her — " Norgrove: "I did not hit her twice!" Dr. Beattie: "He may not have known what he was doing." Dr. James Moir, who had known the Norgrove family as patients twenty years ago, gave it. as- his opinion that as a boy Norgrove had been "ultraneurotic." • - This completed the case for the defence • and the Crown then entered upon medical evidence m rebuttal of Dr. Beattie's testimony. The first mental expert was Dr. H. B. Prins, the present superintendent of Avondale mental hospital. ; : He had _ examined. Norgrove on two occasions and m his opinion accused was not suffering from any mental disease. When he committed the crime he would be capable of knowing the nature and quality of his act. Lawyer Moody; It is usual, m diagnosing mental condition, to take the percentage of degeneracy into consideration, is it not? — Yes. . Dr. Prins added that he had not measured Norgrove's ■■ heaa: from the occipital bone to the front of the j head. .. Lawyer Moody: Would you be sur-r prised to know that the 5 prisoner .is.one inch out on ' the left side of his head as compared with the. right? — I do not consider this a feature of grave importance taken m itself alone.

Assuming the accused was a dementia praecox case, then; that condition would, m your \ opinion, remove him from the sphere of criminal degeneracy into th^t of an irresponsible, legally insane person? — The crime, as comr mitted, was not characteristic of dementia praecox. '

The next mental expert, Dr. H. D. Hayes, superintendent of the Porirua

mental hospital, was satisfied that Norgrove was perfectly normal. Judge MacGregor: , "I, .noticed yesterday that ho apparently objected to the cross-examination of his mother." „-v •■• v - - ■'■•■• Dr. Hayes i^'That was normal affection for his mother. He would probably be indifferent -if he -were a-demen-tia praecox patient." - "Norgrove was no more than a spoiled i child," added witness, "who lacked control over himself ' m youth and resented, as a man, being crossed."

Cross-examined by Lawyer Moody, witness said accused had denied that there was any insanity m the family.

Norgrove: "That's a lie!"

Dr. T. W. J. Childs, medical superintendent of the Takaniii mental hospital, supported the view that' Norgrove was not suffering from any mental disease. He could not find any evidence of dementia praecox. "

Replying to Lawyer Moody, witness agreed that Norgrove showed lack of emotional control m certain situations.

Dr. C. H. Tewsley, official .gaol doctor, the only one of, the medical witnesses who saw Norgrove on the day of the tragedy, gave it as .his opinion that accused was perfectly sane and had been sane when he committed the murder. ■

"Some persons," said his honor, summing up, "imagine that the person is insane who commits murder or suicide, but that is not the law." •

Norgrove had slain the, woman m a cowardly and brutal manner, stated the judge, after quarrelling over some trivial matter m which he was riot concerned, but to which he attached some great measure of importance.

"Do you think this man would have killed this woman if he had. know;n at the time that a policeman was watching him? Would he have managed to control, his impulse had he known that?"

The jury retired at 4.45 and returned at 5.30 p.m

The crowd that had remained standing 1 , packed behind the barrier all day, absorbing the details and watching Norgrove with morbid curiosity, remained m court.

Norgrove was taken below to the cells. He walked, steadily between two warders, looking up at the women thronging the gallery and sending .a somewhat weary and hopeless smile towards his brother and other relatives.

When he again appeared m the dock, he was apparently calm. He remained standing with folded arms, occasionally glancing towards the reporters' bench,

but obviously steeling himself for the verdict.

Once or twice he looked towards the jury box, but there was nothing m the expressions of the jurors to indicate his fate. •

Certainly they looked tired and par- - ticularly grave, as befitted the task they had been called upon to fulfil. ,

Though it was some minutes, before his honor entered, the crowd remained unusually quiet.

The gay frocks of the women and girls m the gallery produced a jarring note m. the sombre, austere atmosphere m which a man's life hung m the balance. . . ■■■•.. A sigh of relief wafted through the court as the judge finally took his seat The silence was intense. c "Have you agreed upon your verdict, gentlemen?" asked the registrar. "Guilty!" Norgrove, still with folded arms and head held high, showed no trace of emotion. ■ • His body swayed slightly, but he lost no color and kept his eyes fixed upon the Judge. .'••;■. The two warders standing behind him placed their hands upon him, to steady him if necessary. ' ' As the judge donned the black cap. Norgrove aid* not flinch, but BtvPff firmly m the docK^hls eyes alone be* traying the'emotional turmoil of His mind. •■■■■•' i.\ "Alan George Norgrove," said - the registrar, "you have been found ";'• guilty of the crime of murder. ;.' Have you anything to say before ' sentence is passed upon you?" Norgrove moved slightly and ap? peared to be on the point of speaking 1 / when the court usher called: "Heap-

ye! Hear -ye! Hear ye! All manner of persons are commanded to keep silence while the judgment of deathis pronounced by the court on the prisoner at the bar : — upon pain of imprisonment." . . : ".

His honor, m slow, measured tones which rang clearly through the court, said: ■ , .... "Alan George Norgrove. after a long

and careful trial, you have been convicted by the jury of murder ...

"The sentence of the court is that you be taken to the place of execution and there be hanged by the neck un^it you are dead." '

As the awful words of doom were pronounced, Norgrove closed . his .evea for a moment, but. otherwise remained: unmoved. He was immediately escorted to the cells below. <

As he reached the top of the stairs, his brother darted forward. . The police, however, held him back and the warders -prevented Norgrove from grasping the outstretched hand. "Look after, mum!" The murderer's voice echoed from the

.depths. ... A woman fainted m the gallery, the sound of her fall being mistaken for the collapse of Norsrrove at the foot of the stairs.

This week a definite move was made to petition the Governor -General -in - Councillor the reprieve of Norgrove. Lawyer Alan Moody, who- defended the New Lynn murderer, has the matter m hand. .-,-... * The day following Norgrove'a un> tenee, the Howard Penal Reform League held Its annual meeting:, when the two brothers of the condemned man forced their way Into the gathering, states the secretary, Dr. Mildred Staley, demanding the League's Intervention. The brotherß were called Into the room after the matter had been discussed and informed that the League •would not, In any way, support Interference with courts of justice: further, that it did not stand for the abolition of capital punishment, though Individual members might hold .views along those lines. ... The League contradicts the suggestion published m the daily press that it will support the petition for Norgrove's reprieve. • '-- •