ALLEGED MURDER.

Taihape Daily Times, Volume XI, Issue 3332, 10 November 1919, Page 3

ALLEGED MURDER.

THE RESIDE CASE. ' WELLINGTON, Nov. 7.At the Supreme Court the trial commenced of James Reside, a returned soldier, on a charge of murdering‘ Christopher Carr at Stronvar, Waira,rapa, on the 6th of September. Mr lJ'ustice Chapman is on the Bench. Mr Mccassey appeared for ‘the "Crown and Messrs Wilford and Pragnall for the defence. ' ’ Mr McCassey, in opening the case, said the defence-’ would be that accused was of unsound mind when he committed the murder. The evidence given was similar to that in the lower Court and at the inquest. Alexander‘ Reside, father of the accused, asked by the Judge if his son was queer before he went to the front, said: “Yes, your Honour, he went the Same way as his mother.” Mr Wilford said it would be proved that the mother was in a mental hos-

pital. Witness cross-examined, said his son had an idea that Carr was in league with someone outside with :1 bomb to blow them up. The bomb idea, was r:ont,inually in his mind. The accused, prior to going to the War, had been of a despondent tendency, and on one occasion gave himself up to the police at lwasterton to prevent himself fl'Ol_ll coinmitting suicide. The accuscdfs mother and aunt were mentally affected. The accused left with the 40th Reinforcements and Went tln-ougli the terrible epidemic experienced on the Tahiti after the vessel left Sierra. Leone. Mr Wilford said the ale-Felice was that under Section 43 of the Crimes ;—\(:1, the prisoner was free from the x"{)s}',)oll>libillt'_V' for his action. ’l.‘he no cused was sut‘t'_el‘ing from specific delusions. Doctors had talked with him in gaol and had all come separately to the same conclusion—-that the accused was not accountable for what he had done. He was sul‘t'erjng from a mental disease known as paranoia. I Drs. Fyffe, Gow, Pl-ins, and Litchfield gave evidence that they found the accused to be a man who did not appear to realise his position. He suffered from delusions and laughed at his offence.

.-XCQUITTED ON G]{OUNDS Oll‘

INSANITY.

PRISONER TO BE KluA"[ IN CUSTODY.

VVE LLINGTON, Nov. 7‘

Mr Wilford, addressing the jury, pointed to the importance of the medical cVi.¢lonco and askml if tlie accused was so much to blame? Vvas he not more to be pitied, as his menfal capacity was below normal‘? The regret was that his mental trouble was not <.liscovel-ed em'li'>l', aml action taken to place him in :1 mental hospital. ‘

His It-loiiour, summing up, put to the jury two questions: (1) Was the accused, James Reside, insane at the time he Committed’ the offence with which 11 was charged; (2) Do you acquit him on the ground of insanity‘? There was no dispute as to the facts in the case. Accused. admitted he had killed Carr and at no time made any ssecrot of it, and Were it not for the quotion of insanity raised he would sinl}_)l_\f S:n_\* to th€m that a prima facin case of murder had been established. but .1-Iwy were free of that, for they had the distinct defence of insanity set up.

\Vit.hout retiring the jury answered the t,WOwQlleStiOllS Sllblnit’rm} to them in the aflirmative. His I-lonour ol‘d(>l'ed that prisoner be kept in custody in the public prison in Vvollington until the pleasure of the .\linist<‘x- of‘ .Tusl-ico was known.