THE WAITARA TRAGEDY

Taranaki Daily News, Volume LII, Issue 47, 20 March 1909, Page 6

THE WAITARA TRAGEDY

TRIAL OF DR. E. J. GOODE. THIRD DAY'S PROCEEDINGS. SOME REMAiUKABLE EVTDEMCE. The Court was crowded during the greater patt'of yesterday, when the hearing of the murder charge ugainst Dr. E. J. Goode was resumed. MR. S&EHRETT'S OPENING. Mr. Skcrrett, in opening the case tor I the defence, said tkattdoubtless the jar; had already aunniseof the chief ingudi-' eat of the defend. The momentous consequences to tne accused, however, of the jury's verdict, made it incumbent for him to explain it at greater length. They would have noticed that both his learned friend and himself had found it impossible to deny that the hand which shot Mrs. Klenner was the hand of the prisoner at .the bar. But that did not end the matter. For all crime it was necessary that.there should be a eulp- ( able or wicked intent. A wicked and / competent mind was a necessary ingredient of the offence—there must be malice aforethought. The law recognised that in order to convict a man of a crime lie must We.a rational mind, capable ot considering whether uis act was Tight or wroag. If from any physical or mental defect, whether hereditary, congenital, « acquired, a man was unable to consider the consequences of his act, or if the set were right or wrong, he vas absolved from. the. consequences of his act, and it mattered not to the jury Whetlw the defect were inherited or acquired, »r whether it was the retult of abuse. But it did not follow that because a nun was acquitted of a crime on these grounds he would be set at liberty. There was this terrible alternative before the perpetrator of the crime—and, he would say, before tlic prisoner in' the dock—of the gallows or detention; either an ignominious death or detention under .conditions that would already impaired mind of the so necessary for a cure, which-involved eithev ushering a soul into eternity or 'a just and humane verdict that would usher him into a detention that would protect society. It was unjust and inhumane to punish the criminally irresponsible. That punishment would be no deterrent, so the law satisfied its sense of justice by acquitting the prisoner and detaining him during the pleasure of His Majesty the King. He desired to refer to one aspect of mind disease that would be of assistance to the jury. It had been said during the progress of the trial that mere drunkenness was no justification for crime, but' there was a ciear distinction between mere drunkenness and the mental degeneracy following upon the excessive use of alcohol—a mental degeneracy which made the man irrational and unreasonable. Delirium tremens, too, was distinguishable from drunkenness. He quoted from an English authority to the effect that madness caused by delirium tremens made a man irresponsible for his effects. The law would not punish severely the man whose actioas wero uncontrollable by his faculties. Mr. Weston had suggested that it a man found that drink weakened his mental faculties he should abstain from alcohol. This was counsel of perfection addressed to the imperfect, impossible when addressed to human beings and to a man suffering from mental degeneracy. Whilst it was true that drinking was the cause of a good deal of insanity, the converse was the case that insanity was responsible for a good deal of drinking. It was a monstrous doc- ' trine that a person who was given to chronic alcoholism, who had in years formed a habit of drink so that it liecame part of his nature and a craving that it was impossible for him to resist, should be punished for an indulgence that was beyond the power that God had given him to resist. In examining the nature ami, the circumstances of the case, the jury would i note that there was not the careful planning of the.crime as by a sane criminal, or any adequate motive, no attempt at.the concealment of the crime, or ut himself, no attempt to disguise his connection with the crime; and did not the absence ef these things denote irresponsibility for the acts of the criminal ? What were'tie outstanding facts? This man went from his own house to that of a neighbour in broad daylight, at a time when he must have known the little girl would be at home or about to reach home... Before the commission of his act he must have heard the mother tell the girl to "go out and play. Yet lie abused the woman when she returned v to the room, made a suggestion to her, and when she refused he, without an interval, shot the woman twice and im- ' mediately turned the weapon upon himself. Could anyone reconcile that with the action of a sane man endeavouring to secure the favours of a woman; not even a caress, but abuse? It could not be suggested that there had ever been any familiarity between Dr. Goode and this lady. In her dying statement, she had denied it, and to suggest it wouljd be doing dishonour to the memory of a woman who was a good and chaste woman. And could the jury believe the suggestion that lust had prompted this crime? He pointed out that the accused was a man who had passed that stage of Ufe when his passions were violent. That proposition on.the part of accused had been merely an excuse, which suggested itself to further the irrational impulse of a diseased mind. 'lhe jury would know that the instinct of a medical man was to help, yet they had it in evidence that he kicked over (he chair on which the woman was reclining, ani asked, "Are you dead?" That was the act of an irrational man. Then accused shot himself in an ordinarily vulnerable spot, went out by the front door to his own surgery, not even locking his 'door, and when Constable Price came in -lie found no pretence, no attempt to deny the crime. He kept upon him the blood-stained shirt and exposed to view the revolver, making no attempt to hide his connection with the murder.

Between the hours of i p.m. and 7 p.m., following the murder, the accused was treated by all as a madman, as a wild beast, as a man bereft of all reason, whom it was dangerous to approach. Xo one dared approach him until ( o'clock in tiie evening, and then only by organised campaign. The opinion of the people concerning his state was evidenced by the fact that they drew lots for the positions in the attack. Arrested, lie was treated as a maniac, and knocked on the head with a piece ot wood, thrown into the cart, and conveyed to the police station. The conduit (of tlie accused at the station proved the unbalanced state of his mind. and his subsequent behaviour in the cab and at the Xew Plymouth police office was consistent only with insanity and with irresponsibility. He had completely lost all recollection, all remembrance, all unconsciousness of the terrible act he had committed. It had been like a dream to him, and all consciousness of the dream had passed.

And ao him incapahje ut wceiving any mental impression that he was responsible for the death of this lAdy, It would doubtless l>c said thai all tUi3 was cunning, feigning, and pre tencc. Was tliere a witness for the Crown who would venture to put his linger upon one single aet that »■«■> inconsistent with unconsciousness of the crime?. > Counsel drew attention to the

fact that whilst denying all knowledge of the crime he claimed the bloodstained eye-glasses on each time that' they were produced in his presence. Was that an example of cunning? Again, it was the accused himself who had drawn hi-, medical adviser's attention to tne fact that he had lost a tooth. Roth of these connected him with the crime, and a sane criminal would have eiidcavoiuvd to hide them. Referring to the effect of alcohol on the human system, Mr. Skcrrett pointed out that alcohol would have a rapid effect on, a man such as this whose full brother had been cm.lined in a lunatic asylum and who died there from exhaustion following upon melancholia. There was the hereditary taint, so insidious, so productive, generation after generation, of ill consequences to the minds of the descendants. They knew that for many years Dr. Goodc had been given to alcoholic excesses, though not continuously,! for the "soaker" was the man whose! physical condition withstood more or leas the evil etfects of alcohol. But lie I drank in bouts, and drinking had pro- j duced in o man of this type mental degeneracy. He would call evidence that this excessive alcohol acting upon a hereditary- taint, had produced all tile symptoms of alcoholic insanity. It would be shown that for years' he had fancied that the hand of every man was against him, that he was" being I watched; that he looked at everything through the coloured glasses of suspicion, thus feeding the disease which was insidiously sapping away his brain. Counsel would ask the jury's particular attention to accused's behaviour on the day or two preceding the crime, that he was on the verge of the " horrors,' that he pointed to a windmill and said, "Look at the man on the windmill, and that ''he's watching mc. They'll always watching inc." On the day oi the tragedy he was visited by a -Mr. Taylor, on professional business. Accused threw him down and forced a whisky down his throat, lie sat across a chair and whooped and halloed as though he were fox-hunting. And this was within an hour or two of the commission of the crime. Tin ''tie 1 have ro'i ifter H.

It l :k curt ■S- of sue In s his min m licidal' impulse. ■ Klenner's house to I iiicontrollable desire J His "proposition to the woman nit an excuse for killing her ami then killing himself. There could be no doubt that at that time the accused was hopelessly mad. EVIDENCE OF WAITARA'S MAYOR. Walter Frederick Jenkins, auctioneer, of Waitara, and Mayor of the borough, deposed that he had known the accused intimately for twelve years. He was a morose sort of a man, very reserved when he was* sober, and made very lew friends on account of his manner. He used to think tluit every person 'who differed from him was an enemy, and this phase of his character became more pronounced latterly. He had heard aft-used mention the names of people who he thought were trying to injure, him 'professionally. He had also complained to witness that .Mr. Eraser, a storekeeper in Waitara, wa.watching him, and he asked witness n he would allow him (accused) to creel a hoarding -along th-e frontage of a va cant section opposite the mart to prevent Eraser from looking on to his (accused's.) verandah. The verandah was two blocks away from Eraser's shop. Dr (loode used to "CO ON THE SPREE"

sometimes, hut did not drink continuously. The ideas of persecution r.\ creased during ■the periods of bis drinking. Often heard him muttering In himself and talking to himself when in drink. Dr Goode had attended witness' lainily professionally, and he was a very 'nice. "synipatlKtiic man. Accused had a good many friends amongst his female patients, lie was too reserved ami suspicious to make friends amongst -men. He bad told witness that at one time he was doctor on board a ship running to South America, and that be had always HAD TO CARRY A REVOLVER.

for there was always a great number' of dagos on the ship. To -Mr Westou: The incident of the hoarding happened live or six months ago. On one occasion about a. year ago lie had said to witness, "Do you see that fellow under the hedge watching me?" 'There was no one about at the lime. He was in liquor iit that time. Aiy-iißed carried on his practice continually. Recently lie bad frequently heard Dr Goode complaining that Russell and Eraser were trying to oust Hum from the position of lodge surgeon, and he had been much distressed by the arrival of Dr. Claridge to commence practice there. He had never seen Dr Goode with a revolver. To Mr Skcrrett: Dr Goode used to say that every second man was trying to do him an, injury. ACCUSED WAS MOST UNREASON

ABLE, in resipex-t of most of his complaints. Witness o'ften 'tried to reason with Inni on the point, Imt it was impossible *" reason him out 01 liis notions of perse-' cution. WliL-ii accused spoke of the man icing under the hedge watching him. witness said. "Ymir'c a fool,'' and Goode replied, "Your'e just like the rest." To Tfe Honor: Was on terms of intimacy with the accused. They used to visit each other's houses. Herman M. ' lj ' llu \- commission agent, residing at AVaitara, said he had known tlie accused 'for sonic eight or nine years. They were, not intimate friends, aJthougjh tlicv were on friendly term?. L'seil to see accused daily, and speak to him occasionally. Aw-used had occasional bouts of'drinking. When wiflier he was of an unsociable and morose* dis]Kisitinn. and w'licu in drink somewhat boisterous. Accused seemed ti be suspicious of people trying to do am; an injury, not personally, but profession-; allv. Generally speaking the persons he suspected of unfriendliness were not unfriendlv, although lie was right in one or two instances. Latterly lie has become more reserved than ever. The cross-examination failed to adduce any actual instances in which the accused's suspicious had been noticed. George H- ttubus, colliery proprietor in WaTtara, said lie had been ill the habit of seeing accused frequently. Ac cused was not a temperate man, although sometimes very steady in his habits for months at a time. Then he would have

ISOVTS OF DKIXKING. He used to live near Or. (Sonde's house, but had not become intimate. It was impossible to do that because he had such bitter feelings towards men whom he looked U|K)ii as his (witness - ) friends. Accused had spoken to witness about some of these people, and seemed to have the impression that every man's hand was against him. This witness knew to be absurd. That was .some

vears ago. To .Mr Weston: Dr Gonde had not spoken in this tone lately. To Mr Skerrett: Accused had not had the opportunity of making com-1 plaints reecntlv. for 'witness had avoided| him when possible. A SOLICITOR'S EVIDENCE. (Veil M. Towuseml, solicitor, residing at Waitnra. said he had known Dr Comic fur three years, and was fairly' intimate with hiui. lie was Dr diode's i solicitor and had seen a good deal of the mail, who was of a morose, dissatisfied disposition. He was inclined to Maine people for his non-success, and alleged that they were persecuting him. Witness was secretary of the Forester's Lodge, but did not meet him much in that capacity. When Dr. Claridgc enine to Waitara a number of members ol the lodge who were dissatisfied with Dr Coodc, had Dr Claridgc appointed as an additional doctor. From that accusi-d seemed to have contracted the idea that he (witness) had joined against him. Accused wrote to him asking for a report as to the business between himselfami witness and to close the account between them. Prior to that he hail met witness in the street and accused him of GOIXG OVER TO THE ENEMY. He also ventured the remark that there was some trouble in' store for .him (Townsend), and he could have saved him, but he would not, on account of witness having gone over to the enemy, diode had accused Eraser of spying on him, and that the section of the Foresters opposed to him had employed spies to watch him. He frequently nl-

leged that. Accused drank spasmodically. To Mr Weston: He had not seen Dr Goode under the influence of liquor more than a dozen times. By that lie meant a dozen different bouts. Accused was jealous of the competition of doctors from New Plymouth, and accused them of ••touting." It was natural enough for him to object to outside competition. In his first conversation with Dr (Joode he became convinced that he was suffering from delusions, and that opinion became strengthened by observation. Accused had alleged that men followed him in the dark to see where ho was going. lie-examined: Witness had had exceptional opportunities for noting the state of accused's mind, and had conic to the conclusion taat his grievances were purely imaginary. I A VOTING INCIDENT.

Thomas Buchanan, town clerk at Waitara, had known Dr. Goode for ten or eleven years, but that intimacy broke oil'. Since then he had seen him practically" daily. Accused was a very frequent imbiber, drinking in bouts. He was a morbid, morose man, and very peculiar when in drink. Knew very little of him socially. Witness was some years ago deputy returning officer •or the Taranaki County Council. On one occasion Dr Goodc came in to vote. Witness numbered and initialled the voting paper hi the ordinary way, gummed the edges down, and handed the paper to the doctor. Accused asked to know what he had done, and witness explained. Accused refused to take tiie voting paper and demanded a fresh one without marks on it. Explained that this was the usual practice but Goode persisted that this was merely so tiiat witness could ascertain how he voted, lie said, "All right, I'll make your election void. I'll take the paper away with me." Warned him of the penalties attending such a proceeding, and repeated the warning three times during the argument. Dr. < • took the paper away. Witness iniurinauon, and Mr. Stanfor ised Hi and costs. He I'cmei lg Dr. Cooihy. !»• » ■•; lAui

i.v a gate near surgery. He vas hanging i ite, unable to laud without , and making insuceessful efforts lu it Hie wire oil' he gate so that he could go in. (Someone passing by said, " What's the matter, doctor'/" lie answered, "Some 's playing a joke on me. They've hidden my horse." The man said, "Why, there's your horse there, doctor," positing to a horse 23 or 30 feet away. Goode said, " Yes, look at the s. There are thousands of them." There was only one horse in the paddock. That was some years ago. lie had frequently heard him mumbling. For some years before the voting-paper incident Dr. Goode had not spokea to him. He could assign no reason for that.

To Mr. Weston: Accused was a man of very strong prejudices. He could not say of his own knowledge that accused carried a revolver.

Charles 11. Sampson, mechanical engineer, of Waitara, who had known the accused for twelve years, as his medical .adviser, said he had known Dr.-Goodc intimately. Knew accused was given to drinking bouts, and on one occasion he

SAW HIM FALL OFF HIS HOUSE. Accused had attended a patient in witness' house for about five months, a year ago. In going to and Iroin the house accused chose tile back street, saying that spies were watching him, and that witness knew it, but would not tell him. The front street was the more direct route. Accused was sober on those occasions. Witness had been well satislied with accused as a doctor. He was a kindly man.

Cross-examined: Accused had never attended in an intoxicated state at witness' house To his Honor: Accused always took the back road, and frequently gave the reason that spies were watching him. lie was sober at the time.

Simeon G. Eraser, grocer, of Waitara, had known Dr. Goode for about twelve years. Witness hadjiecn secretary of the Foresters Lodge for U% years, t'p to three years ago he had been on friendly terms witii accused, but since then witness had been classed amongst the SO-CALLED SPIES. ' Accused was irrational in his suspicions. On one occasion at witness' house accused, when alleging that persons were m league against him, became very excited, drew a revolver, and tired a shot into the garden. He told accused to " knock thati game off," and persuaded linn to put the weapon away. Accused then went home. He had never watched Dr. Goode, and had not been antagonistic towards him. Henry Edward Vaugiian, clerk of the Clifton County Council, residing at Waitara, had known Dr. Goode for eight or nine years, but not intimately. Came in contact with him occasionally. Accased had occasional outbursts of drinking, was morose, and unsociable. He avoided accused, because he was constantly running other people down, without reason. As a medical practitioner he was attentive to his duties, and of a kindly nature. John Eraser, clerk, of Waitara., deposed that he had once been very friendly with accused, but owing to a difference they had not spoken to one another in friendly fashion. One evening he addressed accused at the post office. Goode. said, "You say 'good-evening' to me. If this were South America I WOULD SHOOT YOU." He reached towards his hip pocket as 1 hough for a revolver that witness knew he carried, but, he said, " I did not wait for it."

The Court adjourned for luncheon. After lunch, A NEPHEW'S TESTIMONY. 1. M. G. Goode, sou of George Goode, medical practitioner, a full brother to the accused, deposed that his father died ,n Callan Park Mental Ibspital, Sydney. New South Wales. The certificate produced was that of the death of Lis father. The cause of death. wTiich occurred ou February 12. lIIU2, was given as collilis, exhaustion following, on melancholia. The prisoner's age was lil. Witness had never met accused until subpoenaed for the present trial.

To -Mr. Weston: Witness wasssevern r teen vears of age when his father died. His people lived about fortv miles from Sydney, lie could not say 'how long his lather was in the hospital, but he believed it was from four to eight months. Witness' lather was IK) at t'he time of his death. Witness had a brother and ■sifter, both of whom were quite well. He himself was strong, lie did not knciv when his grandfather died, or how inanv of his aunts were alive, Elizabeth Taylor, wife of flerbert Taylor, veterinary surgeon, of Waitaia, deposed that on Sunday. December Jllth, accused came to Jut house and asked if Mr. Taylor was at home. She he was a'wav. bin would be back by dinner-time. Dr. Goode said, " Well, tell him to call at my house on his return. He was outside. '.She stood on* the corner of the verandah. Accused, looked up towards the Camp Reserve. Sin, looked to find if there was anything unusual. She saw some people walking up, and he told her thev were going up to play bowls and whi'sjt. Hi' also said there was a man on the windmill. She looked, .but could see none, and asked, " What would a man be doing up there;" "Oh, lie said, "he's watching." She said, '■ What could he be watching!" and he replied. "Thevrc alwav* watehinir me. There's always someone up in the trees behind my house watching me." Asked the witness huid, "lie seemed all .vJit." No questions were, asked.

llennan Sehultz, farmer, at Waitara. depiwd that he called at Dr. Comic's on lllth December last TO CET A MIXTtTII'. FOII A COLD. That »va.s between (twelve and one o'clock. Accused w«s the worse for drink. lie ■sat down and lalked for a while, and accused ;:,ive liiiu the mixture, telling him U» take that, home and drink it, and thrjt if it didn't cure Ihini he 'was to return, and accused would give him moiik-tliiiiii that would kill liiiu. Was there for about an Ihour. Accused was very talkative and excited. Whenever aecnised left the ■room he would-talk to himself in a griiiulding. tone. 'Mr. Johnstone: What did you do with that medicine'; ' Witness: T didn't drink if. ilr. Johnstone: What would you .salwas his condition as regards liquor'; Witness: ll'relly had. , Cross-examined: Accused was jocular,

He talked a good deal. He said he hud lour bottles of whisky .in him then. His Honor: You didn't believe thai, of course?

•Mr. Wesaon.: J| L . knew what he was about when he made up the mixture? Mr. ,Skerrcii: How does he know? He didn't drink it.

Witness produced the bottle, and handed it io .Mr. iWeston, as though for sampling, but the oiler was declined. Proceeding, witness said that most of the time they discussed novels, and accused gave him a, Wok to take home with him. lie treated witness and ACTKD AS A GENTLEMAN.

He did not think then that the doctor was ill. a lit slate Ao dispense medicine, and that was the rea son why he had not taken, the jiicdioine.

Herbert Taylor, veterinary surgeon at Waitara, said he was at Dr. Goode's house about one o'clock n 'Sunday, lath )l>e,-cinber. i Accused said he wanted witness to. kill a dog for him, and talked principally about fox-liuiiting. Accused warned him that people 'were watching him, and cautioned him to ■beware of them. He left shortly after'wards, having arranged to go and poison 'the dog next day. On .Monday he got there about one o'clock. Mrs. Goode uiine to the door, and asked liini to return in. about 15 or 21) minutes' time, as the doctor had not finished his lunch. Returned about 1.3!) p.m. Thought lie saw Dr. Goode after poisoning the dog. not (before, lie looked venv bad. lie appeared very 'excited. Thev 'went to the .surgery together, a'lid accused asked if had poisoned the dog. He proposed that they should have a drink mid witness sat down. There was a whisky Utile <>n the 'table. A'ccnsed started walking round 'the table, and said: "This is no good to us." He then got hold of the 'whiskv 'bottle, 'waved it round, and threw it on to a side-board, or dresser. lie then, said: "Come into the diningroom, and we'll have a drink in there." Witness "tried to get out, of it," but Goode said: "You'! vc to have a dri.uk with me; " Ami he 'caught witness b r of his "•..'!, shoved ae uniingroom. Accused door and dosed the wrti< poured out two tiiniblerfuls • —just over a gill each. Accuse. nk his neat, 'but 'witness spilled sonn out and put Mida with his. Almost at once accused suggested another drink, and insisted on witness drinking- a tumblerful of whisky, lie drank what he could, and coughed some awav. Accused drank his "right oIV, and then started talking again about fox-hunting, telling tales of different runs, lie sat .straddled on a chair ais if it were a horse, and sugges'ted 'witness should jump over the table and rim. He was whooping and hallooing, as one would when 'hunting. They were there for a. quarter of an hour or twenty minutes. The accused's

stories were rambling, and some 'were repeated over and over again. Accused suggested .4ill another drink, but 'witness refused poiiitblank, saying lie had work to do. Accused tried to force him to drink the wliiskv. and they rolled together on the Hour. Accused seemed very anxious that witness should stay with him. After some bantering, accused lurched, and fell bv the side of the table, and witness unlocked the door :\nd stepped out into the passage. Just as witness. wa.s leaving accused got up and protested agiiiiis't his going. 110 seemed very loth to lie Jeft, and his state was, it seemed to him, 'bordering on delirium tremens. Witness left at about 2.15 or i«0 p.m. Accused endeavored to persuade him to return and "make a night of it." Witness excused himself bv saving he was a beer-drinker, not a ■whisky-drinker. He had seen accused drunk on several udcasions. When slightly under the inllucncc of liquor ■avciised had complained of being watched. Cross-examined: Dr. (loode was quite explicit in his instructions about killing the dog. There wa.s really nothing extraordinary n the accused talking of 'fox-hunting and giving the cries, and

so on. The tales 'were not very interesting, for they were left unfinished. Wit-ill's* had told act-used that lie would probably need to get the poison from Ogle'is, and he said: "If you get it from Ogle's I won't liave the dog poisoned." Knew he didn't gel On well with Ogle. Art-used had a wild appearance, as though lie had been dri.iking heavily. To the foreman: Did not see any (revolver about the place.

" UNDOUBTEDLY INSANE." Hubert Martin lieattie, a duly qualiJicd medical practitioner, superintendent for the .jiast twelve years at the AuX-Mand Mental Hospital and nl the instrluitioti for fifteen years, said lie had had thousands of cases of insanity under his care. On Bth February last he examined Dr. lloode in the New Plyinouth gaol. Examined .his physi'cal condition tirst. Accused gave him the impression that he was a lohronic alcoholic, lie had tremors in the facial muscles and tremors in the hands, his face flabby and showing enlarged bloodvessels, his eyes had lost dhcir lustre to a large extent, his heart had an ,im■purc sound and an accentuated second sound, his blood-vessels generally showed a thickening of their walls, his speech, blurred and thickened; his hands were restless. Up to that time Mr. Wylie was 'with him. Then he asked Mr. Wylie to leave so that he could make 'an independent menial examination. He found accused's whole intelligence 'was imipaired. He seemed simple and childlike in his replies to questions. His power of grasping even simple quest ions was very small, and his power of answering also very small. There was a general mental confusion, and a 'considerable impairment of memory. He found also that he was siifl'cring from delusions of persecution and suspicion,, and that he had at any rate one hallueina.tion. As a result of bin examination be concluded that the man 'was undoubtedly insane. He was suffering from chronic aleoholic. insanity, The seat, of the trouble was of some months', probably some years', duration, lie arrived at that conclusion because some of his delusions concerned people mho had not to witness' knowledge 'practised in the district for some time; and because lie had the same delusions with regard to Dr. Claridgo as with regard to persons who had not been practising in the district for some years past. Judging from the extent of" his d eiilia, it must have been existent for some considerable time. On thr.it day lie would have, certified tile man, as insane and sull'ering from chronic alcoholic insanity. In all case- of alcoholic insanity where i there were delusions of persecution, outbursts of violence were lo be expected, and For that reason patients so sull'ering in asylums were put under eaiici'iii supervision and regarded as dangerous eases. He cited cases which haifcome within the s'eope of his own observation in 'which sufferers from . chronic alcoholic insanity had alisolulcly no recollection, of crimes and nll'enk'es Winiini'tted under a criminal impulse. Knowing that llr. Ooode had had bouts of excessive, drinking, that lis full brother was insane, that he suffered from delusions of persecution and of being waU-hed. and that all impulsive murder ha'd taken place, he would say that Dr. (iooile was insajie at the time, and 'lie would not know the nature and quality of his aot. He. had been iiisj"- for some lime, and the stimulus of ah-ohol would induce an aggravation of his condition, inducing toxaeiuia. There were oilier superadded stimulants, such as chronic constipation, far less than two days' drinking would have induced the condition leading up to the crime. There was no diuilil whatever that the accused was

-ulVering from mental degeneration. Delusions of persecution were commonly associated with, alcoholic insanity and indk-.tted ii ,iikiii. Tin- fact Hunt the accused had .ippearcil rati ii n ft it his arrest, unci that hi' recognised people anil surroundings, were mil inconsistent, with his opinion, for in all forms of ma-.iin t-vcii (lie worst, cases recognised people. People sull'ering from chrome, alcoholic insanity were often quite. <';i|)iihlo of carrying on highly complicated businesses. Alcoholic sliinulati'd tin' sexual desire in wises of this kind. Koxual tlo«irtv in a perverted mind was frequently a symptom of the trouble itself. Witness examined (lie licensed again on March 1511) nnd founil thai he hud improved liol.li mentally ami physically. Unit lie would not lie quite sure whether he was or -was not siifl'ering from delusions, lor the simple reason llir.f he rould not get him to wienie Ilm>nlly enough* lint he was still convinced thai accused had those. delusions. On the first examination, lie would have had no hesitation in certifying him as insane. On the second examination he would have had considerable, hesitation. The change was due to the hygienic life lie had heen living, and his 'jtWeii'tioii from alcohol, ire was even now in the earlv stages of alcoholic dementia. He agreed thai a i person siill'cring from alcoholism should ab'la'm from the use of nlcohol. , But he did wit think tiliat any man who Hail once heen insane from alcohol I could voluntarily abstain form it, for

the lull-in having been weakened t-he ■will-power was lost. Alcoholic habits were frequently the cause of insanity. A ipcrson who was insane was more likely u> become alcoholic than one who was not, and it would take less alcohol in a. case of .that kind to all'ect the nervous system. Alcoholic habits might be the consequence of insanity. There wlis nothing inconsistent with insanity in tho fact -that Dr. (loode reloaded his .revolver after using it. lie was quite certain that Dr. Goode 'was not feigning.

To Mr. Weston: lie would not say that there was «. 'hereditary taint in a family from the mere fact of one member dying' in a mental asylum, as the result of melancholia. There wins no epilepsy in this case. If he found ptirtiul recollection of the crime he would not .be suspicious of feigning. He was quite positive that Dr. Goode had absolutely no recollection of tho crime. He had aio, ncoollcl->t.-oii of anything from the time he prescribed for fc'diullz until the time, 'the 'police came to his surgery. Witness hud never heard of Dr. Goode until this tragedy. Dr. diode's memory was defective even in respect of Tcceint events. Chronic alcoholics had the quality of self-cxciisatioii largely developed. Practically all alcoholics were untruthful and'deceptive. Dr. Goode knew little or nothing of insanity, flc could not admit, that Dr. Goode knew who he. was when introduced. He would not admit that the 'highest instincts *« self-|,rcsci'vatio.i 'would make him endeavor to deceive •him (Dr. lieattie). It might be to his interest, of course, to iprcicnd insanity. Accused's loss of memory could not be •due to (he two blows inflicted upon his head, for the 'blows were not even •sufficient l» cause unconsciousness. Besides, such hiss of .memory would not ■last, lie would be surprised to leant ■that aucused's hiss of memory was onlv partial, but it would not affect his opinion 01 his insanity. He would not admit that that pa-rtir' '"collection was « proof thill the n what lie ■was doing when he - ngs of which he lu|d Mich icollcci lion.

To his Honor: Tin lid probably not have recol aooling ten minutes' after the .. but ho •might have remembered it an hour afterwards. It 'was very hard to sav. His memory ami faculties would doubtless have returned earlier had he been assaulted earlier.

'-Mr. Weston mentioned to the witness that Constable Price went to accused's surgery witlii a few minutes of the shooting, and that when he saw Price three hours .afterwards he regretted that he hail bad an, opportunity of shooting liini ,iiu| neglected to do'so. ' Mr. Weston quoted Mr. Milliiigton's 'evidence: "About the third day after he was brought to the gaol accused said ■to witness, 'I want you to see the poj lice about a revolver that this woman .luul in her house.'" Didn't that suggest that that man knew .a good deal about the offence?—No; 1 put that down to a, delusion. Witness thought the memory might have been revived by suflicieht stimtntix right back to the time of the shoot-

Mr. Westen: lie had the highest of nil stimulants, lie saw Mrs. Klenner lying there on her death-lied, telling how the deed was done, mid her depositions were being taken. Don't you regard that as sufficient stimulus? Should lie not have recollected?—Ho might have done, but he didn't.

Re-examined: The homicidal frenzy in the case of the insane was of brief duration. Dr. Goode's remark Unit "it's the jugular." was either irrationil or ignorant, He had not come down from Auckland specially to make his examination in February. lie was spending a. holiday i'u the district at the time, Tire adjournment, was taken at 5.15 till ten o'ckc.k this morning, the jury being again locked up for the night.