THE WAITARA TRAGEDY.

Taranaki Daily News, Volume LII, Issue 46, 19 March 1909, Page 4

THE WAITARA TRAGEDY.

TRIAL OF 1)R. E. J. (JOODE. | A CHARGE OF MI'KDKK. YESTERDAY'S PROCEEDINGS. At the Supreme Court yesterday, before 1 his Honor Mr. Justice Chapman, the hearing of the charge of murder preferred against Dr. E. J. Goode, of Waitara, wan resumed. -Mr. T. S. Weston,' Crown Prosecutor, and with him llr. C., 11. Weston, conducted the prosecution. iMr. C. P. (Skerrett, K.C., with him Mr. A. H. Johnstone, appeared lor the de'fence. Charles Stone, a painter and decorator, of Wiiitarn, gave evidence of the Methods adopted by Constables llclvor and Price, 'with l assistance from others, for the arrest of the accused. Three parties attacked the house at three different ipoints, the witness accompanying Constable Jlclvor in the onslaught on the surgery door. The door was struck mid the lock damaged. Then witness pulled the door open, and they went in. The accused \v*as standing in the room, *and demanded to know "What in the \I is all this about?" Constable 'llt'lvor dosed with the accused and ibore him to the sofa. Witness saw accused's 4irm raised, and he was lowering it, with something in his hand, when witness Struck up his arm and seized him by the legs. Whatever was in his hand dropped.' The accused' was tlien taken outside, 'handcuffed, and removed to the police station, witness being placed in charge of the house to prevent iuterierence. Subsequently a revolver (produced) wis found on the writing-table in the surgery, and -he handed it to Constable Jlclvor the same evening. The revolver produced was the one. He, with the constable, saw four cartridges ia it, and

•the hummer was down. Outside the * bouse, accused said to Constable tl'ricc, "Ib that you Price! You —, I ought to have shot you." He was very excited. Cross-examined: They, antieipted danger in making the arrest, and for 'that reason Constable Mclvor was armed With a revolver. The others of the party were armed with substantial sticks. They were all more or less excited. The door wouldn't open except (>y use of force, and an axe was brought into requisition. He could not say what dropped in the room during the assault. It might have been Constable Mclvor'g Tevolver; he could not say. He .would

i&wear that something droipped from the '-accused's hand, and to lrim it looked very much like a revolver. It might have drop : ped on the table. The couch in the surgery was on Dr. (ioode's right, and tlie writing-table on bU left. It would be possible for accused to liave dropped something from liis hand on to the writing-table, for the constable ftlevftd him Tound. He knew that Confitd/ble iMclvor's revolver was picked up from the floor. The other pistol was found on the writing-table, near its middle. He struck accused twice on the bead with a stick. When the revolver was found on the table the hammer was down, lie was quite certain ot that. Constable Mclvor, of New Plymouth, deposed that, acting upo;i instructions, he had gone to Waitara on 14th December last. He described the attack on Dr. Goode's house. When he entered

the room Dr. Goode was standing with A REVOLVER IN HIS RIGHT HAND, hh ahn being raised. Rushed the accused and took & body hold with his Tight arm, so 1 that accused's right hand ifell on witness' left shoulder. Something fell -from accused's hand to the floor. While this was being done acused said, ''What in the name of God does all this mean?" Witness replied,

'•You're my prisoner/' and threw tha man 0:1 the sofa. Accused was taken outside, hhndtuffed, and conveyed to the police station on a. dray. Witness remained at the station only a few minutes, and then returned to the surgery, where he took possession of a-re-volver (produced), noting its number,

23801. It was loaded. He examined it ; by the light of a lamp, and took it to Constable Price, who handed it to Detective 3oddam, who took five cartridges from it. At the station the prisoner Was very excited, though he recognised the people in the room, calling several of them by name. If Constable Price spoke to 1 him or approached him he became very violent. On the way to New Plymouth in the cab, accused asked to have the cab stopped as it passed his 'house, so that he could get a bottle of whisky. Witness, however, told the cabman to drive on. The accused conversed aboivt various doctors, and about his work, saying that in all bis practice lie had never lost a woman. He recognised different houses en route, complained of cold feet, and that his throat was sore. To his Honor; He did not explain the cause of the soreness, but borrowed two handkerchiefs from MoLeod, for his chki was bleeding. Examination resinned: In the cab Mr. Wilkes addressed wituess as "Mac," and accused wanted to know what "Mac " he was. 1 He said, "My name is Mclvor, doctor." Accused replied, "'Then you're the b that did me an injury at the Red House Hotel eighteen mouths ago/' Witness replied. "It couldn't have been me, doctor, for I haven't been here »o long." That was said to keep liiin quiet. As a .matter of fact, he had had some trouble with accused at that hotel at the time mentioned, the accused having been drunk there and made a disturbonce. On the journey • : ACCUSED WAS QUITE RATIONAL. A.t the police 'station a parcel was opened containing, amongst other things, a pair of cye-gkuabes. Dr. Goode said, ''Give me uiusti gbifcsue; they're miae." forcible persuasion had to be used to get the acused into* the (back yard and iaito the

ceil. In the police oilice at .New PiyjpjinnLth that night accused recognibed yrSergeant JJLaddrefl, and uecaine very vwlent when iic miw Constable Price. )u the mornug witno** supplied hini with his rations, au<i iuiu a> towel. \\ hen he had iinished with' the towel it wm> covered "with blood." la opening the cross-examination .Mr. tikcrrett produced a rough sketch of the arrangement of the surgery, and the witness stated that accused was standing t>y a comer of the writing-table. There Hvas certainly an elemcut of danger in effecting this arrest. There was no doubt of the accused having a revolver dn his hand. He could say nothing of the position of the revolver when found. He was not there then. After the arrest was effected fully a. dozen men rushed into the room. He was sure the revolver fell to the floor. ' • His Honor: Anyone kicking a revolver on thu floor would stoop, pick it up. and r jdace it on the table, i Cross-examination resumed: The accused asked Detective Boddam, "Why am I here?" The detective said, "For shooting a woman." Dr. Goode replied, "1 never shot anybody, 1 wouldn't do anybody any harm." He couldn't remember the accused answering, "It's a d lie." All that he could say ulwut the accused at the police station was that he was very excited and very violent. Pressed for an opinion, the witlives aaid the accused seemed at a loss to understand what all tlty commotion Hra* about. He did not mention the Hxagedv tliat had just occurred, and upon seeing his blood-stained glasses he at once claimed them ae his own. They coaxed accused into the cab at Waitara *by telling him he -was to be taken to see Mr. Fitzherbert. When passing his own house, and when mentioning his detire "for -some whisk}*, he said, "Poor !Mts. Goode." Not once during the journey did he refer to the tragedy. He put upon Constable Price the whole blame 'of his arrest, and instructed Mr. Wilkes to "take an action agaiust him for £IOOO for injury .to my practice." He said nothing to indicate either directly or indirectly that he had been wounded in the neck, merely that his neck was sore. He could not say that Dr. Goode •peered into his face by the light of a match ■when witness was lighting hi* pipe, and said, "No, you're not tin' num.'' referring to the Ked House Hotel inc<denf. Be appeared to he in his proper feenses. lie could not remember tliit

I-accused said at the police station th ; at I -he 'wanted to wee tire magistrate at once, •so that he could get back home with his solicitor, but he made that remark jji the cab. In the morning he

Al'l'KAHKl) A BIT DEPKESSED. ill' muck' 110 rt-fciuiice to the wound in neck. \\ noticed him looking ;il 1 lir Wood on Hii- towel alter drying lii.i (ace. AT Til!' HOSPITAL. Dr. U-at ham. inediwil superintendent uf the Now I', >. mouth Hospital, gave evidence of l lie .uluiis-iori of Mrs. lvlenncr to tlie lio!t|iiul, of lu'v treatment in the 'institution, ami of lier deatli on ldtli 'December. 1 lu* ease u.ts hopeles-s from the start. She vv;u quite e.on-seious until ■within a very short c.me of her death. The witness, also dest-rihed the mature of lier injuries, and disposed that death was due to exhaustion consequent upon shock, hemorrhage, interference with breathing and swallowing, and injury to important nerves, and to septic infection of the system caused l>v dirt 011 tlie bullets, and leakage from the gullet anil 'wiml|i>i[)e, all of which was caused by I'wo bullet wound*. lie produced the 'two bullets extracted by him iroi£the ''oody after death. It was almost im•possible for the upper wound to have . 'been iself-inflicted.

ACCUSED'S MENTAL I'OXMTIOX. To .Mr. Skerrett: Witness saw iJr. Goode soon after bis admission to the hospital on 21st December, lie was in "the hospital for a month. A bullet \va> 'removed from an oavi I\' undei his jaw. Hi; saw accused at the hospital hju the 11101,' ling after his arreni, when Airs. lvlcnner's depositions were taken.' He looked dishevelled, harassed, and ■wild, and seemed very ill. I| u had decided manifestations of chronic alcoholism. Witness made ho reference to the tragedy to the accused. It struck witness. from 'the accused's position, that he diil not realise his position. After his immediate illness accused ate well, smoked, and read. He was very quiet, and said very little. Witness had seen a guod deal of insanity, and had a- good acquaintance with it from bis praetice and reading. Mr. Skerrett: Is family history of importance in file deteiniination 01 whether a person is insane or siot'; Witness: Yes. Family history is fit the greatest importance 111 estimating whether or not a person i's insane. A ■'family, taint begets an instability of Mid which predisposes to an attack of insanity that may lie excited by other causes.

: air. Skerrett: is alcohol one of the most common -causes of exciting insanity 'in cases of this type? 1 Witness: Yes. Approximately thirty "per icent. of these cases are due to alcoholism. He explained at length how alcofool produced this effect. Alcohol affected all the nervous organisation. Chronic alcoli<olism upon a subject of a •family with a neurotic or insane taint •was apt to produce consequences. These consequences were gradual encroachment of mental weakness, a gradual weakening. of the memory, powers 0/ perception, will-power, business capacity, decision, aad judgment. Those were the symptoms to be exacted from nervous degeneration as a. result of chronic alcoholism, -leading l to mental disorder. Alcoholics frequently were very susceptible, and unnaturally suspicious. They became untruthful, (unnaturally quarrelsome—particularly so with their best friends, those >vhi tried .to assist t'hem. Delusions off persecution were very common fn these cases. The delusion in such a case might take the form that tire peTson felt he was being watched. • Mr. Skerrett: When a person suffers from chronic alcoholism, with a history of hereditary iusanity, and with delusions of persecution and of being watered, would you expect r,uch a person to develop hprauoidal impulses? • Witness: 1 may say it is recognised that sudden homicidal impulses may 00--our, or are likely to occur in a person ■suffering from delusions of persecution. 1 In answer to another question, Dr. •Leathain said, "It is recognised that sudden attacks of homicidal impulse may 'oolilt and the (person may siot afterWardSti be aware of any violent act which lie may have committed during this im-i *l«ilsive attack. It is recognised t'hat Jsutih is the case. He added that an Impulsive act performed by a person suffering in the way described was somewhat similar to tile homicidal impulse; Vhich. sometimes followed an epileptic 'seizue. Such a thing was recognised in 'tlic case of a subject of alcoholic de'generation. He (knew of Sir Victor llorsley, fi'oni whose work ion "Alcohol 'and the Human Body" Mr. »Skerrett; quoted to the effect tluit curious lapses j of memory and brain effects were due 'to alcoholic degeneracy.

• His Honor: Every one of us Ims hud experience of a man who gels drunk and does something violent QiiUide hi* own 'nature, and remember* nothing of it next day. Dr. ljeat'liam further stated that there 'were people igoing about their everyday 'life suffering from alcoholic mental 'degeneracy and having delusions. There \vas no tiling inconsistent with insanity that the iiuane person recognised persoiis and placid. Jie 'had made 110 examination -of accused regarding his mental condition. To the foreman of the jury: Chronic alcoholism might result from >pasniodic intoxication. When the depositions "were behig taken, although he had a wild and 'haggard look, he stood quietly, a* 'though he knew what was going on. 'His appearance was quite consistent Villi that of <1 man who lhad had much liquor. ! To iMr. Skerrelt: Chronic alcoholism may be produced by constant and continuous drinking or by drinking in bouts. Jir. i). Wv lie, of New Plymouth, gave evidence of 'haviug iseeu the accused in the gaol aud attended hiui after lii> removal to the hospital, touching u-pon the operation for the removal of the (bullet from his jaw. That injury Wight Jhavc been seif-i'nliicted.

To Mr. Skerrutt: He had made examinations of Dr. Goode with a view of I ■iiocertaining his sanity, his observation I extending from lJJth December last to , Viic connnenceineiit of this trial. • He ; examined him on the'l9th December and on many times subse([ueutly during his in the hospital, where he had many | opportunities of talking to him and asi certaiiriug t!he condition of diis rniind. ! Upon his leaving the uospital he had 1 turther opiwrtuuities. In reply to questions, witness stated ■tliut chronic alcoholism was a con- | dit-ion produced by the more or less con- ! tinuous ingestion >of alcohol in quanti- | ties exceeding that which is known a* the physiological Jiniit—more than the •body could de,al 'with, without harm accruing, ■although at the time t'he dose of ali'oltol might produce 110 apparent effect. Delirium tremens was a form of , disease caused hi sonic people by a •heavy bout of drinking, and was characterised 'by the occurrence of acute delirium accompanied by severe bodily prostration. ♦ ■ » Continuing, willies stated that on 'lOth DecemWr he examined Dr. (!i>odo a>s to tho coiidit-ioii of Jiis circulatory system—'his heart and Idood-vessels. The heart was dilated, i.e., enlarged, and ; the (heart sounds were such as to indi- 1 irate that 'the elliciency of ithe heart 'muscle had been seriously interfered j 'with. The arteries of his body showed j a 'widespread change known technically | as arterial scerosis. characterised liv the j t'h'ckriiing (if the Vails of the blood ) ve.M»elr-. wlnk'li had the effect of dimini.-dl-] ing il- nain-ral elasticity «nd thereby impairing the -way hi which the vessel ciMild'lN'-harge its duties.. In addition 'the pul-e was irregular and intennit•tent. Accused had the facial aspect •wliieli they associated clinically with the coiidilinn known as chnMiie alcoholism. His itongue was ilabby and tremuloiH. and he liad distinct tremor of the hands. The icondition of the skin of his body wa* that which was associated with th<*j condition which he had described. I

The I'nurt adjourned •for JuncheOii. On resuming, 'witness asiid accused's ap-pearam-e indicated chronic alcoholism. Having examined 'him as regards, his physical condition, -the \vit".ic«« examined him as ito his mental condition. He asked accused to describe what took place on tlie <lay of the tragedy, ami hi' said he had no recollection of tin* events of that day. He did not -remember gettiiig up that morning, nor did lie reinemher {(Oing to- bed the night before. The la&t event on the preceding day that he remembered \vas seeing a patient, a man. in his surgery, abo«it mid-dav. As regards the events of the day itself accused told him that the finst clear m*>lleetion he had was of the people 'breaking into has house. '"After that he lines "not seem to xcmember

much until be found himself in the police station at Waiftaui, when, as he said, he looked uj> and saw l his old enemy, CUiridgc, at the other end of the room. On questioning him as regards the events which lwd happened during the days 'preceding the urime, he was only able to give n, very hazy account ol them, Having gone thus far with him, I did siot pursue my investigations further that day, us he is a 'man who bore no goodwill U> ,!»«, and 1 did not wish to arouse life antagonism. During my I conversation with hi in he spoke in what may be described as> a generally confused manner, Hiis cerebration was decidedly ; sluggich, cind the reaction time, as far as one could judge, was prolonged. His pupil* and "eyes showed no signs of gross organic; brain disea.se. That concluded my examination on IDt'h Decanter. On 20th Deceinlber, nvheu 1. saw him with mental confusion 'was about the same, 1 did not conduct a further examination I into his mental state, as tlie man was too ill. Subsequent to life admission to the hospital, and particularly after the performance of the second operation, on the 80, til December, I had daily opportunities of seeing and of talking to him. During this time, from his conversation, and from the things lie said to me, one gathered tire impression that lie regarded himseli as an ill-used man. He looked forward to the trial, or rather to the proceeding* in the .Magistrate's Court, and seemed to have 510 doubt that at that time everything \vould be desired up satisfactorily, and t'hat he would be able again to practice in Waitara. During his stay in the hospital, particularly during the later weeks of hid stay there, he behaved, to outward appearance, very much a* an ordinary convalescent would. His appetite was unimpaired, he slept well, he read during the daytime, smoked at intervals, and to all outward manifestations gave one the impression that he did <not realise the gravity of his ipositioci. During my conversations with Ihini lie manifested definite delusions of persecution. He said that Ogle and hits clique had conspired to ruin him. He further asserted tluil Ogle himself was a hard drinker, and, despite argument, maintained his <|K>*ition. As a further example of how far tlie«e delusions of 'persecution pervaded him I may say that on the Ja«rt occasion but one ujxm which. I saw Ihim—on Tuesday evening last—iru the course of conversation with him, he still maintained his position with reference to Ogle and his ga.ng, and said, 'I know why Claridge came to Waitara. lie "was sent there by Valicitine.' I said, 'What do you mean? What lias Valintine got to do with it?' and his reply was that Dr. Ydijutine eeait Claridge there to get even •with him (Goode) aver some occurrence or difference between- them which, had taken place some years ago. There is sio doubt that, comparing tlie man's condition 011. l!)th December with his condition last Tuesday, he has during those three months (improved in every way. His pulse k [more regular now, and the state 01 litis ciivulation as better. The condition of the heart also denotes an imp'roved wtate of nutrition, in addition to which the man's intellectual processes iseein to 'be going 011 more alertly. There Juive been at jio' time si govs of manifest organic nervoais disease affecting the dower centres of the brain and final cord." In answer to a question, witness said his examination never Jed liim to doubt that hi»s statement of the events of the 14th Decemlbcr was any tilling else Imt true. There was no isuggestion of feigning or pretence. the whole period he manifested no remorse, and dW not seem to realise his (position.

Mr. Skerrett: Has lie ever recently *po'ken of going lhick to practice '<it Waitara t Dr. Wylie: Xol sinve lie left tlic liOspitnl. | .Mr. Ske-rrett: To what ennolusioai does your cxiiinin.it.ion .alone lead you as ten Dr. (tootle's sanity on the Nth December' liist'! l)r. AVylie: My only ieoiu-lusion is that I -regarded -the wan as insane on that date. ]le was not capable on that day of 'knowing the nature and quality of bis ad, or of knowing tlmt the act\vas wirong. Mr. Skerrett: "Would you he assisted in your opinion hy -the knowledge that Dr. (ioode's brother died in a mental hospital? Dr. "Wylie: Yes. -because "we know that hereditary unstablenoss or tairt of the nervous svfstejn was a powerful predisposing 'factor in the causation' of ins Unity. Mr. AVestou: ft is r.ot in evidence that accused's brother

Mr. Skerrett: I'm going to prove it. Mr. -Skerrett: Is alcoholism such an exciting icansei? Witness: Undoubtedly. 31 r. Skerrett: Wihat functions doss alcohol iHi'.st attack, as a rule? 'Dr. Wvlie: It is an a&iom that alcohol attack* tirst ot' all t'he highest and most specialised functions of thy brain. I'.l other words, alcoho.l is one of those poisons which lias what we call u highly selective action, affecting the higher functions lirst and the lower functions afterwards. AYitm".s, .in answer to .1 further question, said that as regards the action of'alcohol, and especially til;)L o-f spirits, npon« the higher senses of the. brain, we know tlhat people who are accustomed to taking large quantities 01 alvnlio'l have been subject to cwious ltoiin conditions similar to those met wiitli in (Epilepsy. AvdiH-ll resulted in .1 lui vi'ctim doing tilings, even committing crimes, 'without having any recollection of lliem afterwards.

\ His opinion as to tha sanity of t ; man would V coidinned by a delusion. ! that lie wias lieiug watched. The doc- ! tor's kindly nature, and the impulsive- ! uess of Wife act, would tend to confirm "hi* opinion. Degeneracy of the brain: caused ,I>y alcohol was a, &low and pro- ! gressive. disease, tho progress dilYeriug' | au-ording to the stair Oi the person' i allVcted. ; Such degeneracy would undoubtedly go on for sonic tunc without I being moted -by outsiders, so. long sis ho I kept hife ideas to Ihiiuself and so long as I his 'actions did not fall in line with his ideas, lie would be able to perform hta work, but in an impaired and imperfect maimer so far as his own Natural abilities were concerned. Persons a fleeted by .brain degeneracy from alcohol were especially liable to homicidal impulses more ipuriivularly when they ihad delusions of persecution; such persons were <if the -most da.ngerous class oi jr.Kane. 'L'he accused's alleged abusive remark* 'to the deceased woman, and his alleged request of her, were hightly consistent with disease of Uie Traill. He-examined: lie did not contend that Dr. (Joode bid epileptic Jits. Drink would cause a certain form of epilepsy km.Win as "masked epilejksy." It 'was nolt necessary for drink to cause epilepsy "before it "would entail absolute Loss of ! memory. At first he thought tilio accused 'was malingering when he said ho litul no knowledge of the events of 14th December, but i*ubsoipient investigations 'pro'ved !his first imprer*ion was incorrect. lie had aiot referred to Mr. Ogle at Wartara. as to accused's allegations, for he kid known.Mr. Ogle well for some years past. It was « matter of common knowledge in 'Waitara that Dr. (Joode went about declaring that people were endeavouring to ruin iiim and mist him from Waitara. ile knew ttail- J)v tloode bore him (witness) no goodwill on account oi his ifDr Wylie) starting to visit Waitara and I'renui. Undoubtedly it was 'human nature for a man charged, with isuch i\ crime to keep his own coun- i isel and to mislead others as to his condition. but in Dr (loode's condition of mind such course of action was impossible. He was quite positive that i\e- ! viised had no recollections of the jmpprn- j ings at Waitara on tile day of the crime. I Mr Weston quoiled from MercierV j "Textbook on 'Jiii-anity.'' I

The witness said flu; bad sio doubt I whatever Unit ])r flooded conduct was ! <li*ov<lm'd , evidencing, a disordered . mind. To His Honor: 1 never speciiieally referred to the sliootof Mr* Klenaer. 'Neither did he audition. it. Re-e.va mi nation conX inucil; Ait-used liad never meiitioaied Mrs Klenner to 'him. Witness's opinion oE uecusedo menial condition was 'based on his -observations. lie; i\v*w undoubtedly suffering iron) chronic alcoholic insanity. There wwv number* of clir-onte I alcoholics about our towns and cities ! but they luul stofc ii*ro**cd {he lime vh'u-\\ | divided the sane from the insane. If a | man l fjot drunk and committed a crime, ho must he held ,responsible fo.r it. At- ■ Reused never ■manifested to him any hal- } Inclinations. If -accused Jiad not had had that last Lou I of drinking the crime imight never imve been connmUod. * Mr Weston asked if it -were not ihe •boujiden duty vf a mau tu gua-rd against

"dieCjl* io w/hick he knew he was jjrc•disposcd. f Witness: That is un ideal, of course, "but an inipobsi'ble one. Mr (Weston: (Jin, no. Perhaps among dotoU»vs, but not among lawyers. • Mr fckeiTiitt: u\ly friend should bay uuiomg .some lawyers. Dr U'ylie agreed witli Mr Weston that alcoholism had the effect of increasing tllio «eiißual passions, or lessoning the voit.trol of them. ' Witness Te-iterutcd thai a drunken , main must- accept Uie full responsibility j of hi« crime. Mir. ykerrett: i don't know that that is the law, your Honor. His iionoiv: I'm goiffg to direct the jury tlui't it Mr Skerrett. 'Uie matter was further discussed by Mr -Sker.rett and llis Honor.

Mr Wuaton: >So: you say, Dr Wylie, that this man was in i ;io way re«poinwible 4oa* his act in killing this wwauuiV Dr \AVylie: 1 do. Sydney dohn. Tisdall, giuusmith, witll) over 20 yeans' manufacturing and other experience, was (called to identify the revolver foiwul in Dr (ioode's surgery, lie .sai<l it was an old .put-tern .442 cal- \ ibre bull-dog revolver, made fully 15 years ago. The rilling Was not modern, and the ejector, would not be found in a revolver of this high grade at the pre* sent day. The bullets which had been,' extracted from ilhc body of the deceased (•produced), had been lired from *uch a revolver, and the undischarged cartridge would lit it. The revolver could be lired without raising; tie;* hammer. The 'cartridges were old. and not commonly stocked 'itow. The bill-let found ill accused's neck had al.sO' 'been lired t'romi such a revolver. Had the cartridge been new 1 it-lie)" would have caused more damage. Mr iSkerrett asked no i|uestions. Detective flloddam, stationed at New» Plymouth, repeated the testimony given. i'U the b.nvor court. . Cross-examined: lie did say at the inquest, iin reply to a question by a juror, that Dr (.ioode had asked why he was .arrested, and that witness -reI plied "Von shot a woman.'' The accused, upon that, had -become very c\-> cited, li was ijiiite evident to him that accused's mind was ueranged then, and it would be wrong to formally charge him with the offence, i To His llouov. Accused talked all

sorts uf rubbish at random. He was in a very excited state. ]]e did not remember accused saying the accusation of shooting was "a lie." liaddreli, in charge of tile New Plymouth poilce district also repeated his former testimony, saying that when accused arrived at New Plymouth oil the night of the crime he was very excited, and lie had iu be carried from the yard into the cell. Mr tikerrett: No questions. Constable Kcardon, in charge of the Eastown police station, and lormerly of Now Plymouth, deposed that 011 the night of 14th December accused was locked in a padded cell, and witness had charge of him. He 'paid a visit to the outside of the coll, to satisfy himself of the prisoner's safety, every ten or /i'fteen minutes. To Mr ftkerrett: The padded cell was reserved for women, principally, and lunatics. He gave the prisoner a d:iuk of water by poking a bottle through the bars of the cell and allowing liiin to put his Jips to it. Constable Whitehouse deposed that he took charge of the accused, in his cell, from 5 a.m. to !) a.m. on loth December. hi the cell the accused seemed to be perfectly rational, lie asked witness, "What aiu 1 here for?" and witrtpss replied, "Youv'e been already told." Accused said, f 'l don't know what I'm. here for. Yesterday a lot of lellows came to the house, i thought it was a bad case from the freezing works, so i went out, ami they took to me and knocked me about. * l don't know what they did it for." Witness asked, "Are you hurt?" and the reply was, ''My head is very sore."

Cross-examined: J!u made no other reference to his injuries, Alfred Krnest Juelvson deposed iliat lie- had been engaged to wutcJi the accused in his cell at the goal ou the nights of December L">, li> } ami 17. lie passed three comparatively quiet nights. To Mr iSkerrett: Accused appeared to have a bandage round his head. He did not know that up to this time no attention had been paid to accused's' wounds, aml he could not say if he was still wearing his blood-stained shirt. Dr 11! A. .McClelland, of ,\ew Plymouth, goal surgeon, deposed that at the time of his lirst examination ot accused at the goal on December 10, accused appeared fairly rational, but was suffering from the efteecs of excessive alcoholism. Though answering questions rationally he seemed to be in semi-stupid condition. There were wounds 011 his head and throat, and accused explained "that is the way those d—policemen have knocked me about. They tried to murder me. !J Jle improved daily, 'both mentally and physically. In answer to a question by witness, Dr (Joode said lie could not remember anything prior to his capture, but he could remember most things after that, lie complained of the lo>* ol' part or a tooUi to which he said his false teeth had been attached, lie supposed the tooth had been knocked out in the struggle when lie was captured. it was me lirst left lower bicuspid tooth. In tin; hospital accused told him he believed the wound in liis throat was a ; bulletwound, but he did not know how it got there. Accused's jicck and his physical L-omlition glowing worse, be called in Dr Wylie, and Coode was removed to the hospital. To .Mr ttkerrett: Did not visit accused at the police station. The wound on the neck looked as though it had been caused by a thumb-nail jit grasping the man by the throat. Accused was placed in the condemned cell, which was the most comfortable cell in the goal. There was no hospital ward there. To ilia Honor: There were no false teeth in accused's mouth. Mr Skenett: 1 believe you attended Dr (loode seven years ago? Dr McClelland: Yes, What was his condition then? lie was mad drunk, lie was cursing and swearing, yelling, and threatening to shoot me and everybody else. AlU'i' some persuasion and the use of some force, I. injected morphia into his arm, and quietened him. •Sidney George Millington, goaler Jit the New Plymouth goal, said that when accused was brought to the prison he appeared to have been drinking heavily. He was very quiet then and during the whole time of his stay there. One morning accused asked hiin to see the police with a view of getting a. revolver that '"that woman" had in her house. Witness replied that he should mention the matter to his solicitor for he, as goaler, had nothing to do with the case. His mental condition seemed to be all right. <'ros-.-rxauiincd: He seemed to be fairly comfortable in goal. ' This closed the case for the prosecution. In intimating this fact Air Weston said that if Mr iSkerrett intended to call scientitio testimony as to accused's mental state , lie wished to reserve the right to call rebutting evidence.

.Mi' Kkerrott announced llmt lip wmi'lil load such evidence.

The adjournment wii- taken iH live o'clock, and tile courl. ro-se. to resume at ten o'clock tl.ii morning.