FEIGNING MADNESS.

Taranaki Daily News, Volume LI, Issue 211, 27 August 1908, Page 2

FEIGNING MADNESS.

PRISONER'S UNAVAILING THICK. ORDERED TO STAND HIS TRIAL. THIS NEYVMARKKT ARSON CASES. Hy Telegraph.—Press Association. Auckland, Last Night, The Newmarket arson cases which were postponed from the Muy sessions of the Supreme Court in order that the accused, Tlionuu Fitzgerald, might be placed under observation to ascerlain whether he was sane or insane, were called 011 again at the Supreni.e, Court yesterday. The prisoner shook and swayed about continually and lor all the notice he took of the Court and those in it they might have been noii-cxisient. When asked to plead he still maintained the same blank expression, and in accordance with the procedure laid down a jury was cmpunnelled to de] termine whether he was in a fit state to answer one way or the other. The Hon. J. H. 'l'ole, K.C., Crown solicitor, submitted that the accused was feigning madness, and called evidence in support, Colin McDonald, a warder of the Mt. Eden prison, stated that he 'had the prisoner under his charge for fourteen days after his arrest. l''rom what witness Saw lie was of the opinion thaiaccused was malingering. Witnes* observed him from a cell window, and when he was alone lie was all right, but as soon as he heard anybody approaching he feigned madness, Again, 011 one occasion witness said to him: "Fitzgerald, yon are doing all riguc. They all think you're maa." The prisoner replied: "Do they!" and then went on malingering worse than ewr. He would not eat unless he was aloae. Witness watched him for another fourteen days from the commencement of

this month. Dr. Beatty, medical superintendent | at the mental hospital, Avondale, said j that he had had several opportunities of observing the prisoner during tlic I past three months, and the opinion ho held was the same as it was now, that Fitzgerald was malingering. In his opinion he was (juite able to plo&d, and also to understand the evidence given against him. while he did not regard him as insane, witness still looked upon him as iv degenerate. . His Honor said lie supposed the jury

knew something about tiio eirciuustances. On the occasion u. .He last fire accused knew tlwt the nightwatchman and someone eUe were about, and yet lie set lire to the pro • mises, which tended lo show that he could not have been in his normal state of mmd. Dr. Beiitty said prisoner was perfectly well aide to understand everything tiuil might be said. It might b. l that could, but all the same it seemed to his Honor that he was in a very uiisatWfactory condition to be tried. There would be no 'great barm done if they did not try him then. He would be committed to the prison again, and wh-'U he found "out that lie was still to be tried he woulid. recover his senses, The Crown pi use* cutor was endeavoring to establish that be was sane. There was nobody lo represent accused to see if lie were insane. His Honor did not think mucli of the evidence of the "warders. Personally, lie should not like to try the prisoner as lie stood. X!ic jury, after a short retirement, requested that the prisoner should be examined by two more medical men, and the case was ordered to stand stand while the experts were secured and conduoted their examination. The eases were called on later in the day, when Drs. Lindsay and Hart, whe had' examined the prisoner, gave evidence. Tire former stated that he could not find any trace of insanity, and that in his opinion Fitzgerald ivai malingering. Dr. Hart was also of th< same opinion. The jury thereupon found that Ui< prisoner.was quite able to. plead ani challenge jurors and conduct bis owr defence, and the prisoner was orderet to stand down until the morning, whti he will be tried.