SUPREME COURT.

Southland Times, Issue 1666, 22 November 1872, Page 2

SUPREME COURT.

(Before His Honor Mr Justice Chapman.) Tuesday, Notbmbbb 19. sentence. William Hoare, convicted the previous day for larceny of a watch, was sentenced to four years' penal servitude. MTTBDEB. Donald Morrison was charged with the wilful murder of John Simmons, in July last. Priaoner pleaded not guilty. Mr Wade appeared for the prisoner. On the jury being called the right of challenge was freely exercised both on behalf of the prisoner and the Crown. • Mr Harvey, having briefly addressed the iury, James Tllingworth, who s*id that he was at the Benraoro Hotel on Tuesday, the 23rd July last. Staid there that night. Next day came down ■tairs in the evening, and sat down at the diningroom fire. Heard Mrs Morrison in the bar say to some one, " Clear out, you thief!" Morrison i came into the dining-room out of the passage, ' »nd Simmons cams out of the bar. Morrison I I said to Simmons, " Clear out, you thief!" or I words to that effect. Simmons refused. Morrison 6aid, " I will Boon eee whether you will o- not. Morrison went out, and came back with a weapon. Ha was not away long. The weapon produced (a potato masher) is like the one he brought back. Morrison held the weapon over his shoulder and said, " Now, will you go out ?" Morrison had the weapon in his right hand, 'and struck Simmons on the head. It appeared to be on the left side of the head. Simmons had a hat on. Simmons dropped immediately. He was in the act of saying, " For I was only- — when he fell. He got up almost at once, and did not seem severely injured. Morrison caught him either by the small of the arm or the collar, and put him out. Saw no •truggle. Simmons crouched down when ho was receiving the blow. Simmons seemed a weakiuh-looking man. Did not see Simmons till next day about two o'clock, lying on the ground. Ho was lying sort of double-fold, his knees drawn up a little. He said he felt paralysed. Morrison and Clifford were there. He was taken to a lean-to adjoining the hotel. He complained of no other feeling than- being paralysed; did not converse much, but seemed sensible. __ „,, ... Cross-examined by Mr Wade— The blow did not seem to be a vicious one. It was much as an auctioneer strikes with his hammer. The blow fell on the left side of his head, towards the back. Simmons crouched down and raised his arms as the blow fell. Witness declared that he was sober at the time he Baw the blow struck, though he had been drunk the day before, aDd rathe* the worae for liquor in thfl morning, but had slept it off, having been lying down for several hours. Wa§ the worse of liquor again that evening. „..,, John M'Kellar, manager of the Meat Preserving Works at Winton, stated that on Sunday, 28th July, he was at the Benmore Hotel, and saw Morrison. Constable Tuohy was there. Morrison told them that he ordered Simmons to go out ; that he Baid lie would not ; that he got a waddy, and hit him with it. He said that when he hit Simmons he dropped, and after ho got up he took him and put him outside. Cross-examined — Morrison said he got up at once. Had known Morrison for the last six or seven years; could give him a very good character. Knew the. "deceased ; he was at the Meat Preserving Works. He did not look healthy ; looked as if he drank and suffered from the effects of it. James Joseph Tuohy, constable stationed at Winton, abated that on fcha 28th July he saw Morrison at Benmore. Simmons was then alive. Morrison stated in a laughing manner that he had allowed Simmons to stay in his house after stealin" apair of boots, but told him he should leave the next day (that is Wednesday, 24th July) as he could not be bothered watching him. He further said that h<? got up late on Wednesday morning — about eleven o'cloek. Finding Simmons still there he told him to 1 -ave, but he refused, and he ultimately 6truck him on the head with a waddy ; that he fell like a bullock, but got upimmediately. Morrison said that he then put Simmons out ; that he ran away, and that he (Morrison) thought there was nothing the matter with him. The "weapon produced was received by witness from Morrison's daughter. Received the deceased at Winton from a carrier named Shaw, on Friday, 26th July- He seemed stupid, and explained that he felt paralysed on the left side. Took him to the hospital by train next day. About nine o'clock on Friday night he had a spasmodic fit ; his limbs became rui'd. It passed off in a few minutes. He had another at half-paat twelve, and another about three in the morning. Cross-examined by Mr Wade — Had known Morrison for some years, His character was good. Simmons was a drunkard ; drank all his eavnines, and drank by himself. Illingworth was steady when at hia work, and when he was done he had a bit of a spree. Robert Cameron, storekeeper, residing at Winton, described finding Simmons on the ground, and helping him to the hotel. William Shaw, carrier, residing in Invercargill, described bringing Simmons from Benmore to Winton on 2Gth July. William Panton Grigor, medical practitioner, residing in Invercnrgill, described the condition of Simmons from the time he was received into the hospital till his death on Ist August. He was drowsy, and had convulsions. On the Ist August there was a pott mortem held, conducted by witness, in conjunction with Dr M'Ciure. There were no marks of external violence. There was extensive congestion on the inside of the scalp, on the top and back part of the skull to the left side. On removing the skull-cap, an extensive clot was found covering the whole left hemisphere of the brain, under the dura mater. The inner plate of the occipital bone was fractured in two places. The upper fracture was one inch in length, about two inches behind and above the left ear. The smaller fracture was about half an inch in length, and situated about one inch behind the ear. Two clots were discovered, corresponding with those fractures, between the pia mater and the brain substance, and there was slight softening of the brain underneath the larger clot. The brain substance was quite healthy, and all the other organs, with the exception of extensive adhesions, of the pleura, of old standing, and the substance of the lungs, was slightly congested. The cause of death was from the effusion on the braia resulting from the fracture. Had no doubt of thia. The fracture must have been done by a blunt instrument. The reason for coming to this conclusion is that there were no external marks. The weapon shown would produce the fractures. They might both have been produced by such a weapon at one blow. The symptoms under which Simmons suffered were consistent with the effects of such an injury. The injury could not hare been produced by his own weight from a fall. Cross-examined by Mr Wade.— A man must have been stunned by such a blow, but could recover in a second or two. By the Judge. — The effusion on the brain must have been of recent standing. Mr Wade continued his cross-examination to a great length, with the view of eliciting facts tending to show that the death of Simmons might have been caused by pre-existing disease, but elicited nothing new. William George M'Clure, medical practitioner residing in Invorcargill, stated that he assisted Dr Grigor in conducting the postmortem examination. His evidence was chiefly a corroboration of Dr Grigor's. He had no doubt that the cause of death wa3 the effusion consequent upon the two fractures of the inner plate of the skull. During the cross-examination of this witnesi, Mr Harvey called the attention of the judge to the fact that another medical witness in the Court was speaking with a voice loud enough to be heard by the witness in the box, contraventing the evidence which he was giving. The judge Baid that the proceeding was most improper, and that if he had observed it he would have committed the offender to gaoL

In reply to Mr Harvey, Dr M'Clure stated that lie had been in practice for over twenty years ; and that he had no doubt that the death arose from the injuries described on the head of the deceased. The man minht hare been expected to be stunned, but there were cases recorded where the effect of such a blow lasted so short a time as to be all but imperceptible. Mr Wade addressed the jury, stating that he would adduce evidence to show that the testimony of the witness Illingworth was unworthy of credit; ; that Simmons had been leading an intemperate life, which might have hastened his death ; that some short time before his death ha had been in continual quarrels; that he had been struck in the face and thrown with violence on a wooden floor ; that he had been struck repeatedly about the head not lon» before his death ; and that the medical men who conducted the post morten examination did not use due care, and probably themselves caused the fractures in the skull. Mr Wade then called Elizabeth Morrison, daughter of the prisoner, who stated that she saw Simmons on the 23rd July take a pair of boot* which were hanging up in the bar for sale. Her mother took them from him. Illingworth and Simmons were fighting that night. Next day Simmons went away about four o'clock ;it was daylight. Heard aoxtxo altercation between her father and Simmon* about money. Simmona called witness * liar. Her father put him out. Her mother was not there. Did not see him again that nifjht. He came back again, and came into the bar, and took hie mate Clifford aw»y with him W»»^uit« sure that he did not come back after that. Cross examined by Mr Harvey— Tke club or waddy produced was used for driving taps. Gave' it to Constable Tuohy at her mother* request A t four o'cl ock, when Simmons left with Clifford, the latter was very drunt, and Simmons was half carrying him. There were no other strangers in the house. Clifford came back, but not Simmons. Never heard her father «ay that he struck Simmons. . Duncan Stewart Geddes, a man in Mr Morrison's employment, corroborated to some -extent the evidence given by the last witness. James Brown, carrier, was at Morrison's on Tuesday evening, 23rd July, and saw deceased and IllinfjworHi quarrelling in the bar. Deceased also tried to take a pair of boots. Mrs \Torrisoa took them from him and caUed him « thief. _ Cross-examined — Simmons did not look like a weak man. He was particularly lively and talkative that night. Phillip Lloyd Francis, settler, near Kiverton, stated that he was at Morrison's on Tuesday, 23rd July. Heard a noi«e of quarrelling, talking, and swearing, but saw nothing of the cause. Had known M >rrison a long time. He was a peaceable and kindly man. " John Shepherd, carrier, waa called, but gave no evMence of greater importance than that he hid been in Illingworth's company after the occurrence, and that he said nothing to him about Morrison striking the blow. James Clifford, sheep-shearer, knew the deceased. Remembered a concert and ball »t Winton, about a fortuight before Sinvnons a death. Simmons was at the ball. Saw him afterward*. He was bruised from a great knocking about that he had had from a man named Ford. Went to Morrison's with Simmons on 23rd July. Lefc the house with Simmons on Wednesday morning ; after they had gone 200 yards or bo they both lay down. Saw no more of Simmons that day. Went back to Morrison's that night. Simmons was found next day. Never heard anything of the blow till Illingworth spoke of it. He said "that Morrison knocked Simmons down with a. long stick that was in tho bar. Understood that it was on the Tues lay night, for stealing tho boots. About a woek ago, afc Mr B.:ll'o atation, Mingwwth said he di i not believe Morrison hii killed the man Simmons at all. Cross-examined by Mr Harvey— Was not drunk fo a* to require to be supported when he (witness) left Morrison's. If any one had sworn so it was false. . Job Coalara, liotel-keepar, Nokomat, stated that the man Hlingworth not long ago had tried to knock hi3 (witness 1 *) brains out with a stone nearly ten pounds weight, but missed him, and he was not hurt after all. Illingworth hal very little provocation. * ■ • John Miller, employed at the Meat Preserving Works, described a quarrel which Simmons had with a man named Ford at Winton on 22-nd June, in tha course of which Ford bsat Simmons severely. Simmons lay down in the corner of the room after Ford siruck him. William Green, latel«- employed »t the Meat Preserving Works at Winton, eOMObofated th» vidence of the previous witaess, and stated further that Simmons comolained to him of a sore on the tip of his head, and experiencing great pain in his head- Simmons wasia the gaol at Invercargill. Cross-examined — Witness himself was a prisoner in the gaol at the time, on a charge of obtaining goods on false pretences. The sore was on the top of the head ; it seemed like a scab, and an old sore. . David Sutherland, warder in the gaol, eaid that Simmons complained ol m bruise on the head when he was in the gaol, but he did not think it of sufficient importance to report to bio ouperior officer. . James Mackintosh, a prisoner in the gaol, said that Simmons, when in gaol lately, complained of a pain in his head, and there was a wound on the top of his head. Francis Alexander Monckton, medical practitioner, stated that he had had a rery large experience in post-mortem examinations, having actqd ae post-mortem deck in the London Hnapital for a long time. In injuries to the head the skull ought not to be opened without being completely sawn through first. If opened with the aid of a chisel, as Dr Grigor and Dr M'Olure stated was done, it was possible that the fractures might be caused by the post-mortem examination itself. Did not infer any connection between the blow and the hemorrhage found in the brain. In cases of softening ot the brain, excitement mi<*ht cause rupture of the Teasels, extravasation of "blood, and death. The three circumstances— that there was no appearance of concussion at the time, as shown by the man getting up at once, the hemorrhage being all below the dura mater, and none above it, and that there was softening of the brain— appeared to amount to absolute proof that death was not caused by the blow. There might have been an oreraction of the heart without any risible organic disease. Injury to the brain on the left «de would produce paralysis of the right side of the body. There was no exception to that rule, for anatomical reasons. The result of intemperance might, along with excitetnent, arising during a drunken brawl, produce some such effect on the brain aa had been described in the account of the postmortem examination. The opinion of the witneu was that the death was not the result of the Cross-examined— Thought that the medical men had not conducted the examination properly. They had been a little rash and haaty in the way the skull waa opened. It took an afternoon or more to conduct a post-mortem properly. Had been present at seven or eight post-mortem examinations in one day. Witness superintended. There was a dresser conducting the mechanical work in each case. Could not say how many postmortem examinations he had conducted in the colony. Remembered conducting a post mortem on the body of a woman for whose death the man MOonnell was tried. It might hare been a (similar case. Could not say whether he opened the akull in that case with the aid of a chisel or not. The other appearances described could not have been caused by the chisel. The thickening of the scalp could not. It might hare been caused by skin disease. It would not then hare had exactly the same appearance as described. Tho two clots under the dura mater could not have been produced by the chisel, nor the extravasation of blood which appeared on thejpK* mater. If the death had arisen from excitomeat in an intemperate peraon, the brain would hare presented an appearance of extravasation of Dlood on the Burface, and probably a certain amount of softening in the tissue itself, Such appearances might easily be overlooked by mtdi-

oal men. It would depend on their experience. Pid not know anything about the experience of the medical men who conducted the post-mortem in this case. Meant to say thafc the man Firomons died of the effects of cerebral inflammation. "Was led to this conclusion from his intemperate habits, the flexed position in which he was found, the effect of the paralysis being on the wrong side of the body, and the hemorrhace being below and not on the surface of the dura mater. Aitov bearing <h<> evidence of the medical men who conducted the post-mortem, and that of the witnesses, he f*aid that the cause of death was not the blow. Without being positive as to what it was, his belief was that it was caused by Icng-etanding disease of the brain — cerebral irflxmtnatfon. . William Cotterell, nodical practitioner, had six months' experience in post-mortem examinations at Charing Cross Hospital. The blow described w«uld not account for softening of the brain. Softening of the brain did not generally anso from injuries of Tecent date ; the infr rence would be that the injury was of long standing. The concussion might produce the appearances described as shown by the brain. From such a blow it is probable that concussion would result 10 great' that the man would be senseless for some time. The left side of the brain being injured would cause paralysis on tbe right side of the body. A fall from a form might cau?e concussion, especially when the man was diseased. He might even go to work afterwards, and die from the effects three w eeks or a month afterwards. . Dr Grigor, having been recalled at the request of Mr Harvey, stated that he had seen the scab on the back of the head, and that it was the effect of a skin disease. In reply to a juror he stated that the chisel in the post-mortem examination was rot used in the neighborhood of the fractures, that part being avoided on account of the blood which was yisible over it when the scalp was removed. This closed the evidence for the defence. Mr Wade having addressed the jury for the defence, and Mr Harvey for the Crown, in •peeches of some length and great ability, His Honor suirmed np, recapitulating the evidence, and explaining the legal distinction between murder and manslaughter. He further explained that if any reasonable doubt existed in the minds of the jury as to the guilt of the prisoner, they were bound to give him the benefit of it. But the doubt must refer to the facts as a whole, and must not be partial or capricious, a9 in every circumstance established by evidence discrepanies would be found, and doubts as to details would arise. The jury retired to deliberate, and the court adjourned at 10 minutes past 8. A little before 9 o'clock, it being understood that the jury had •greed upon their Terdict, considerable excitement was manifested in the neighborhood of the Council Hall. The Court being re opened, the jury returned ft verdict of manslaughter. The judge directed the prisoner to be removed, and brought up the following morning at 10 o'clock. Weditesdat, Foyembee 20. Donald Morrison, found guilty on the previous evening of the manslaughter of John Simmons, was placed in the dock. Mr Wade, as witnesses to the character of the prisoner, called John Francis Dnndas, civil engineer and runholder, who stated that he had known the prieoner for eight years, and had repeatedly staid at his hotel. Never saw anything there but what was orderly and respectable, and had every reason to believe that Morrison was of a gentle and peaceable disposition and temper. John Francis Dunaas, son of the preceding ■witness, Henry George Fielder, Sheep Inspector, George Webster, runholder, and Chairman of i the Winton District Petty Sessions, William Henderson Calder, merchant, Invercargill, Henry M'Culloch, Besident Magistrate and Sheriff, and Duncan M' Arthur, settler at Waikiwi, were sue cessively called, and gave similar evidence. D. L. Matheson, storekeeper. Invercargill, knew the prisoner for twenty years, and considered that his disposition was quiet and peaceable, almost to a fault. The prisoner was removed, to be brought up for sentence next day, at 11 o'clock. MX7BDEB. CarolineWtiting was placed in the dock, charged with the wilful murder of her three youngest children, Frederick, Carl, and John Witting, at Waikiwi, on 19th October last. The prisoner pleaded not guilty. The prisoner being undefended by counsel, the task of watching the case on behalf of the prisoner was assigned by His Honor to Mr Wade. Mr Harvey, having briefly addressed the jury, describing the nature of the evidence to be adduced, called Annie Witting, 13 years of age, a daughter of the prisoner, who stated that on the morning of the 19th October, the family had breakfast at •even o'clock, her mother going about her duties as usual. Her mother and father had some words. . Her mother wanted her father to take ai constant job at Mr Bichter's. Her father said he did not want it. There wai no quarrel. Her father and mother had been living on good terms. (Being admonished by the counsel to tell the truth, the witness said in reply to the Judge that th6j quarrelled sometimes.) A few angry words passed. His manner was angry when he epoke to her, and her manner was angry when she spoie.to him. . He was swearing, and cast up things that had happened before. He said she had been spending more money than she had need to. Was quite certain he said nothing about tha baby. After breakfast her father left for his work. Her mother went about her work as nsuel all day, and made no unusual remark. At four o'clock she said ehe was going down the tramway to look after a eovr. She told the little children to go with her, Augusta, Freddy, and Charley ; and Johnny was in her arms. There was nothing unusual in her manner.. Witness and her sister Lina remained in the house. Augusta returned, more than half an hour alter, all wet, and frightened. She told what had happened. Witness went and called some men to her assistance. About 10 o'clock at night saw her three little brothers brought home, Freddy, Charley, and Johnny, all dead. Cross-examined by Mr Wade — Had no talk with her father about what she was to say. Never knew her father ill-use any of the children. Never heard the father say that the baby was not hie. Her father and mother were often quarrelling. Her mother, a week or two before the occurrence, said that but for the children she would do away with herself. She said that without any apparent cause. Remembered her mother haying to atop out of the house all night in the bush, four or five years ago, because her father had been ill-using her. Her mother was in the hospital after the birth of the baby. Augusta Witting, nine years old, daughter of the prisoner, eaid that she remembered her mother taking her with baby, Charley, and Freddy out for a wait. They treat down to the fishing •tana" at the Wailtiwi creek. Her mother put her into the water, pushed her in, but she got out. Saw mother holding the two boys down in thß river. She put the baby in. She threw him in. He sank down. He was out of sight. The next one she put in was Carl. When she was holding the two boys down she was kneeling down on the side of the river. She told the boys to go down, and she would come too. She said " Good-bye" after she had pufc them in. Weak home. (At this poinb, the prisoner appearing tired, was, at the request of Mr Wade, accommodated with a chair). Cross-examined— -There was a quarrel between her father and her mother in the morning. Noticed something unusual about her mother that day. Could not describe it. John Sinclair deposed that in consequence of what the eldest girl Witting said to him, he and two men named Cahill and Trainer went to the Waikiwi creek, about a mile in a northerly direction from where they were working, near Witting's house. The creek was flooded, running a little, over its banks. As soon as he 'came to the creek, he saw oneiof the bodies floating in a etandirg position, with the head hanging dtwn. ,

It was the body of the second youngest boy. Got a long pole, drew it to the bank, and took it out. It was quite dead, not quite cold. The creek might be seven or eight feet in parts and in other parts about five feet. Saw some Bpars stretched across the creek further down. The body of the baby was caught by the spars just about the centre of the creet, floating with its bacl< up. juat below the surface of the water Tried to get it out with the pole, but could not j it was stuck among the spars. Made a noose on a flax line and put it on a pole. Got it at last round the baby's wrist, and pulled it out. The creek waa deeper there. The baby was quite dead, but not so cold as the other. Then Witting's eldest son, Albert, came. After a time the body of the other boy was found by Albert Witting ami Trainer, Left the bodies on the bank, went into town, and g&Te information to the police. Samuel Morton described finding the prisoner in the bush next day, standing by a fallen tree, between Russell's and Mair's fences. Had three dogs with him. Found her by the dogs barking. She looked wild, like a wild animal, with a glare in her eyes. Her superior faculties appearad to be suspended. Witness mentioned his name and asked if ihe knew him. She said no. She had known witness for many years. Asked if she were not cold, being in the bush on such a wet day She said she was. Offered her sooiething to eat which he had with him, but she refused it. She then Baid that witness had one of her son Albert's dogs, looking at one of his. The dog was just about as dissimilar to Albert s dog as could well be. She then asked for her eel-bag, which she said she had left on the track. She asked witness to go and look for it. Witness said " Never mind," and asked her to come with him, which she did. Took her to Mr .Russell's house. Cross-examined. — She appeared as if she hal lost her reason. She always broke the conversation, and turned hto something else. She said she would get into trouble with her husband for staying away so long ; that he would beat her. Thought she was mad, and treated her somewhat like a lunatic, speaking in a soothing manner. Nothing was said about the children. Sho said she had gone down to get some eel-lines out of the water, that she had put them in the eel-bag, and lost the bas, and. she Beemed in great trouble about the bag. She had no gown on, it was a petticoat, no stockings, a pair of sheepskin slippers, and flinnpl tied under her chin aud pinned on the top of the head. She wai in a gnat state of mud and wet. Albert Witting, eldest son of the accuse 1, Stated that on the morning in question, his father and mother had a quarrel. His father told hii mother that she liked other men better than him. He made no remark about the children. His father and mother often quarrelled. Came home between fiVe and six, or a little later. Heard what had occurred, went to the river, and saw the body of his little brother lying on the bank. Sinclair and Trainer had just found the baby ; it was dead too. Witness and Trainer found the other brother further up the river, in the water, lying on his back, under the bank, with his hands up, and one of his feet in the mud. Got him out; he was dead. Went with Sinclair to the police ; went back with the police to the river, and saw the bodies carried home. Cross-examined. — Thought that in general his father was the cause of the frequent quarrels between his father and mother. Romemberol his mother being out of the house all night on several occasions, becauso his father was in suuh a temper that she went out of his road. Ihe children used to get out of his way then, very often, for fear of violence From him. His mother was crying that morning when ho went away. Very often heard his father tax his moiher with liking other men better than him. Augusta Witting, recalled, stated that on the way to the creek, her mother took off her (the mother's) outside frock, and left it on a stump, not very far from the house. She had stockings on when she left. She had leather slippers, not boots. She had a round hat on her head, ilad it on when witness last saw her. Sub-Inspector Fox described the finding of the bodies, and the arrest of the prisoner. This closed the case for the Crown. It being then a quarter from one o'clock, the Court adjourned for an hour. On the Court resuming, Mr Wade opened the case tor the defence. lie admitted it wa- quite possible that even at that stage of the case the jury might be satisfied that the prisoner had caused the death of the three children who were drowned, and in any case he was not provided with any evidence to the contiary. But the actual defence — what was meant by pleading not guilty — was not that the prisoner had not committe.l the act with which she was charged, but that at the time she was not in a atate of mind to be held accountable for what she waff doing. If this defence were established, the jury, even though satisfied that the death of the three children was the act of the prisoner, would still be justified in bringing in a yerdict of " Not Guilty," on the ground of insanity. The issue was not whether the prisoner was insane at the present time, but whether the death of the children was the act of the prisoner, and whether, if satisfied of that, the jury held that the prisoner, at the time of the act, was of sound mind, and responsible for what she was doing. To establish this plea of insanity at the time of the offence, he weuld call witnesses, whose testimony, he had no doubt, wrould be convincing to the jury. From this evidence, he would be able to show that the prisoner's mind was unhinged, and that she was in such a Btate as to be held irresponsible, legally, for any act she might have committed in such a condition. William Panton Grigor, medical practitioner, residing in Invercargili, attended the prisoner in her confinement, twelve months ago, and about three weeks or a month subsequent to her confinement, when she was suffering from inflimmation of the liver. There were no traces of puerperal fever. Noticed nothing at that time of her state of mind. She was under treatment in the hospital subsequently, for a month or six weeks. She seemod very depressed, dull, and desponding. Suspected nothing wrong with her intellect, although the depressed state in which she was attracted his notice. Jauet Harrop, matron of the Invercargill hospital, deposed that when the prisoner was in the hospital, she was very low and dull in spirits for the first three weeks. She complained a great deal of her stomach and her head. Found her twice in the night sitting up in bed crying ; she said ,she could not lie down for giddiness in her head. She could not eat. She said more than once that her head would bring her to something that she was not aware of, by the way she felt. Thomas Perkins, accountant in Invercargill, and one of the Hospital Committee, stated that about twelve months ago the prisoner was very ill, that he and his wife often called on her at that time, that she evidently had great trouble on her mind just then, and that he came to the conclusion that her mind was not properly balanced. la the hospital afterwards, he observed the same Mightiness and inability to connect two ideas. Samuel Dyer, teacher, living at Waikiwi, said that about six weeks after the baby was born, the prisoner sent for him, being yery ill. She seemed to think that her children were starving, and was troubled about what the baby was to take. She had nothing to give it. Found that the children had enough, and that they wero milking six cows, so thafc the baby had plenty. Cross-examined.— lt did not strike witness thafc Mrs Witting was out of her mind at that time. Mr Wade, in a speech of great ability, which we. regret our limits do not permit of our reproducing, then addressed the jury. He dwelt on the unnatural and improbable character of the act attributed to the prisoner, if the evidence as to the facts were to be believed, and contended that in itself it was a presumption that she must have been of unsound mind at the time it was committed, if it had been committed st all. This presumption, he further contended, was strengthened by the evidence produced for the defence, as to the prisoner's state of mind, both before and 'after the death of the children, to such an extent j

as would justify the jury in returning a verdict of not guilty, on the plea of insanity. Mr Harvey, for tho Crown, went over the evidence aa to the facts, which he considered was convincing, and analysed in detail the evidence for the defence, pointing out in what respects and to what extent it appeared to fall short of a justification of the plea of insanity, as aground on which a verdict of not guilty could be based. The unnatural and terrible character of the enmo proved against the prisoner was not in itself pufficient to establish such a plea, nor ha<"l it been established by the direct evidence adduced a3 to the prisoner's state of mind, either before or after the ocourence. The jury had undertaken to find a true verdict, according to the evidence ; and that duty he appealed to them to discharge, irrespective of any other consideration whatever. The Ju Ige, in a tno?c elaborate and lucid manner, summarised the evidence as to the facts of the occurrence, and also as to the defence, on the gmund of the alleged insanity of the prisoner The acts attributed to the prisoner he hid had been conclusively proved. The law, he explained, required that to justify a verdict of acquittal on the ground of insanity, it should be shown to the satisfaction of the jury that the prisoner was at the time of the act, either in euch a state of mind as to be incapable of understanding the nature of the act itself or of knowing whether it was right or wron». If the jury were satisfied that sufficient evidence had been adduced to prove that the prisoner's state of mind at the time justified either of these suppositions, it was their duty to return a verdict of acquittal, on the ground of insanity. If not, there w:is no middle course. The crime attributed to the prisoner could not be designated as other than wilful murder. The jury retired to consider their verdict. After the lapse of r-n hour and a half, the jury returned to Court. Great interest was manifested in the result, and before the Judge took his seat on the bench, every available portion of tlrt building was crowded ; and perfect silence prevailed throughout the numerous audience when the foreman, after tbe usual formalities had been gone through, returned a verdict of " Guilty." The prisoner (who appeared for the first time to realise her position), exhibited manifestations of great nervousness, and in reply to the usual question, said that she remembered going out in the afternoon with tho children, but that after that shu remembered nothing more. His Honor, who seemed much affected, then addressed the prisoner, in scarcely articulate tones, as follows : — Caroline Witting, the jury have found you guilty of the murder of your three youngest children. Concurring as Ido in the verdict, I have to say that the question was raised as to whether you were in a sound state of mind at the time you committed the act. The jury have negatived that defence ; and, I think, properly. They could hardly have come to the conclusion that you were so deranged as not to know what you were doing; or knowing it, not to know that it wa9 wrong. I have to pa^s upon you the sentence of the law, which is that you be taken to the place from whence you came, and thence to the place of execution, and there be hanged by the neck until you be dead, and that your body be buried within the precincts of the gaol. May the Lord have mercy on your soul ! The prisoner was removed in a hysterical condition. Thursday, Novembeb 21. Donald Morrison, found guilty of the manslaughter of J^hn Simmona, was brought up at eleven o'clock for sentence. In reply to the usual question, the prisoner simply said that he hoped His Honor would take into consideration the time he had already been in gaol. The Julge then addressed the prisoner as follows ; — Donald Morrison, you were indicted for the crime of wilful murder, but the jury hava rejected that part of the indictment which aVers that the act. was committed of malice aforethought, and h*ve found you guilty of the minor off nee of manslaughter. It is quite right to add that I concur in tho verdict. There is no doubt that you had not the slightest intention of killing the man. You exhibited no ' ill will towards him, except the momentary irritation naturally cau-ed by a person of his character, who, you had reason to believe, had committed a wrong upon you, and whom you „ weie desirous to get out of your house. Hotelkeepers are no doubt unler an obligation to take in travellers, and afford accommodation to persons requiring it ; but they are under no obligation to harbor improper or unruly persons. You would have b -en quite justified in putting the man out of your house, but with no more violence than was necessary to accomplish the object. The blow struck was wanton and unnecessary ; and though the weapon is lighter than it appears, and if lightly handled might not cause death, in the case of a healthy person, yet here it seems to have been used with some force, and the intemperate and irregular habits of- the deceased probably rendered him more susceptible than a healthy person would have been to tho subsequent inflammatory effects of the injury, in consequence of which he died. The law in such a case must be vindicated. I cannot inflict a nominal sentence. But several persons of wellknown position and respectability have borne testimony in the highest terma to your previous good character, and the jury have recommended you to mercy on the same ground. These circumstances I will take into consideration in deciding upon the sentence, and I have also carefully considered the whole case. The sentence of the Court is that you be imprisoned and kept to hard labor for a period of eighteen months. This closed the criminal business.

IN BANKRUPTCY.

Archibald Chisholm. — Last examination and discharge. Mr Matthews appeared for bankrupt, siid applied for a postponement to Slat December. Postponement granted. James Wybrow. — Last examination and discharge. Mr Harvey appeared for bankrupt. Discharge granted. David Waddell. — Last examination and discharge. Mr Harvey appeared for bankrupt. Discharge granted.

IN CHAMBERS.

Re Robert Steuart, deceased. — Mr Macdonald moyed for leave to register a copy of a will in place of the original. Leave grauted. Re — Poole, deceased. — The Curator of Intestate Estates moved for order of administration. Granted.