"OVER THE TOP"

Rotorua Morning Post, Volume 2, Issue 381, 16 November 1932, Page 5

"OVER THE TOP"

(Press. Assn.

TRAGlC iNCiDENT SOLDIER COMRADE GIVES EVIDENGE IN MURDER 7CHARGE ' ! EFFECTS OF THE WAR

— By Telegrapli — Copyrlglit).

New'Plymouth, Tuesday. The trial of Huhert C'edric Jepson, chax'ged. with the murder pf his wife , and two children on Septemher " 15, ; was cOn'tinued to-day before Mr. Jus- . tic'e Reed. ,1 Willianx McArty, foreman for the - Taranaki County Council, stated that accused worked under hihi on the Pitone Road in November. One day JepsOn was.wh'eeling a barrow acrOss ; the road and had just reaehed the other side when hq turned round, fell across his load, and rolled on the ground. He was stretched out on the ground and was whining and moaningand his body was jerking. He was frothing at the nxouth. John S. Hickey, farmer, of Opunake, said he was in the same unit on active service as Jepson. He had volunteered to give evidence hecause df a peculiar incident which he remembered when he saw an account of the tragedy. He remembered that it had occurred at 6 a.m. on Septemher 15, and that was the anniversary of the date and the precise time of the day at which the New Zealanders, went "over the top" in the Battle of the Somme. That was the first time many New Zealanders had gphe into a big battle and the first time that Jepson had gone "over the top." Witness said he knew the effect Of a recurrence of this anniversary on some of the men, especially on those who had not the strength to i-esist some impulses. He felt them himself, but had the power of resistance. Peculiar Stare in Eyes James H. Baxmard said he saw sex--vice with Jepson at the war. He remembered an occasion when Jepson came to a garage at Eltham and had a peculiar stare in his eyes. Witness spoke to him, as he had not seen him for a long time' since the war, and thought he would like to renew his acquaintance, but he found it difficult to engage him in convex;sation. Chaxdes David Arnold said he owned a house in which Jepson had lived in French Street. He left that place owing witness between £40 and £50. He had seen him on severn! occasions and spoken about the arrears of rent. He visited Jepson on the Sunday before the tragedy and tried to come to some arrangement about the payment of the arrears. / Opinion of Brain Specialist Dr. I. M. Allen, brain and nerve specialist, said as a result of an examination of accused, and inquiry into his life history, his recollection of the events of the morning of Septemher 15, and his condition at the time of the examination, witness formed the conclusion that accused suffered from splitting of the brain, which rendered him incapable at the time of knowing the nature and quality of' his acts. In answer to his Honour witness said accused, so far as witness' knowledge went, was never certifiably insane. Medical Evidence The whole day was occupied with medical evidence. Witnesses for the defence agreed that at no time could Jepson be said to be justifiably insane. They also agreed in a possibility that Jepson was subject to disassociations, a diseased condition of the brain which made it possible for one part of the brain to be unconscious of the nature and quality of an act, though J epson possibly was eonscious of the actual commission of the act. Evidence called by the Crown in rebuttal, showed sharp conflict of opinion as to Jepson's sanity. Dr. Russell, of Wellington, said he definitely was of opinion that Jepson was sane. Crown witnesses also said that there was no similarity between Jepson's condition at the time of the killing and when he had what has been descx-ibed as epileptic fits in the previous November. Their opinion was that that attack was more probably fainting. The hearing will be continued tomorrow.