TRIAL OF SMITH

Rotorua Morning Post, Volume 1, Issue 81, 26 November 1931, Page 5

TRIAL OF SMITH

(Press. Assn.—

CASE FOR DEFENCE mentally below normal and broke down under strain EXPERT MEDICAL EVIDENCE

-By Telegraph— Copyright).

HAMILTON, Wednesday. The second day of the trial of Arthur Walter Smith for the alleged murder of his wife Lois Alexandra Smith. was commeneed at the Supreme Court this morning. A number of witness gave evidence on the lines of that given in the lower Couit. Fhyllis Lillian Smith, aged 16, daughter of prisoner hy his first wife, said her father and her first stepmother got on very well. Up till two years ago her elder brother Shepherd liyed at home but did not get on well with deeeased and left to live in "Christchurch. There had been rows between Smith and her rnother over financial nxatters ahd she had often seen Smith strike her. When Smith was up north working he sent her step-mother housekeeping money and rent. There were about three quarrels between them in the fqrtnight preceeding the tragedy. She was not sure whether her father struck Lois on these occasions. She remenxbered her father going out about 7 on- the night of the tragedy. Her step-mother and herself intended going to the pictures but could not go out and leave nobody at home to mind the two young children. Her step-mother went out to see a woman friend. At 9.15 p.m. her father returned and told her to go to bed. Continuing, witness said she heard her stepmother come in and her father asked her if she" wanted supper. Lois replied, "No." Witness wexxt to sleep and awakened later when her father called o.ut "Phyllis! Phyllis! Get a doctor! I won't hurt you — " As a result witness rang up a doctor, Blood was coming from her father's xnouth and throat. She remembered Wishart coming to the house. Her step-mother was quite sober when Wishart brought her in on the night of the party at Te Rapa.

. "D:d Not Tell Tales" To Counsel for the defence, witness said her stepmother called Mr Wishart "Wishy." She did not tell her father about her step-mother going out with Wishart because, for one thing, she did not want to tell tales, and for anotlxer she was frightened Smith might strike her. She knew her 'father was only aware of one party. Counsel: Why did you not tell him about the other parties? — I didn't want to tell tales. Counsel : Is it true you have alway? sided with your step-mother in these quarrels? — Yes. Witness said her father struck hex step-mother once when she called

him a mongrel. She recaIR>j two oi three other occasions when he struck her. She denied she had exaggerated the position. Several other witnesses testified to accused's high character and said that he had been depressed and worried for several days before the tragedy. Case for Defence In opening for the accnsed, Gounsel for the defence asked the jury to rid themselves of the idea that Smith's action was premeditated. It was, on the contrary something which took place on the spur of the moment. No Plan Made If he had made any plan at all he woxxld have planned both the mur-, der and suicide. The Crown had not

suggested when Smith had made up his mind to commit suicide. On the previous Friday prisoner had seen a solicitor about the collectidn of an account and also discussed divorce or separation. These matters were associated with the future. Moreover, he had worked quietly all day Saturday and had b ought an Art Union ticket aetually on the night of the tragedy. Also the accused had visited his father-in-law about his wife. Counsel referred to prisoner's notes about household necessities and submitted that all these facts made the suggestion of premeditation absurd. All Smith's actions on the night of the tragedy were, counsel claimed, not those of a man bent on murder and

suicide. Smith's act was redueed, therefore, to one of impulse. Referring to the fact that S'mith hhd made his will, counsel reminded the jury that it was not witnessed .and was therefore valueless. Smith had a knowledge of the law and knew the will would have to be witnessed. Counsel pointed out that having reached the opinion that the act was unpremeditated the jury would have to decide whether Smith was insane at the time and provoked beyond enduranee. Evidence was sufficient, he submitted, to show that Mrs. Smith was unfaithful. He contended she had also corrupted the girl Phyllis by making her a party to the affair with "Wishart. Smith was under the im-

pression that his wife was going to meet Wishart on the Saturday and mistook someone else for him on that night. He thought* she and Wishart had gone off together and had p^ot known that it was on th% previous Friday they had met. Fond of Wife Counsel claimed that Smith .was genuinely fond of his wife and on the night of the tragedy he hoped she would rid his mind of the suspicion he had engendered. Instead, she accentuated his suspieions. It was a question whether the jury helieved he had then lcilled: her in the heat of passion. The defence suggested Smith was not responsible for the act. He suggested that Smith had forgotten exactly what happened immediately af-

ter the deed and this was compatible with his mental condition. Smith had also reeovered in health rapidly after the tragedy and that was typical in such cases. Lillian Smith, of Christchurch, thq youngest sister of the accused,. produced a death certificate of her father showing that he had died .at Sunnyside Mental Hospital in 1888. Her brother Arthur was a most lcindly man and had heen on good terms. witii all the family. His letters to her had indicated the uilhappy time he had been having. . Counsel put in a certificate from the superintendent of Sunnyside Mental Hospital certifying that Walter Smith had died from mental dis-

ease there in 1888. Dr. M. M. Hockin, medical superintendent of the Waikato Hospital, said Smith was in hospital about 23 days. Prisoner. was very depressed for a while. Later he seemed to be xn a state of exultation and anxious to discuss the affair. Witness never received the Impression that Smith was worried. Witness considered . Smith was somewhat abnormal mentally. He believed Smith was speaking the truth when he said he was unable to control the impulse'to MU his wife. To his Honour, witness said prisoner did not appear to be suffering from any form of imhecility or mental disease. Expert Opinions Dr. J. Williams, superintendent of Porirua Mental Hospital, said he considered that Smith was not up to normal in his mental make-up. He did not think him the type of man who wonld kill his wife iri cold blood,

or one who had the courage to commxt suicide. As the prisoner had retired to b'ed with his wxfe,,looking in her faee symbolised to him a domestic pirate, an extravagant woman and one unworthy to he the mother of his children. This last impression caused his final loss of control, which was already weakened hy a series of straihs on a constitution inherently weak. He thought she must be exterminated.^ , A mental specialist, Dr. Gribbin, also considered the prisoner incapable of k'nowing what he was going when he killed his wife. However, he was not certifiably insane at any time. The case for ,.the defence was closed and the hearing was adjourned until to-mprrow.