NOT GUILTY.
I ; i mJm.rt9 eldiSc of good ;j bi3gmJoY 8 THE CRIME Of A LUNATK DEFENCE ESTABLISHED ON CROWN EVIDENCE. DR. TRUBY KING'S EXPERT TESTIMONY.
'•pramatic"-.but mildly expresses the course of the proceedings on the last day of the trial of Dr. Uoode for the murder of Mrs. Klennur, ia.the Supreme Court on Saturday. His ilonor Mr. Justice Chapman presided over the Court, crammed to the door with spectators. Mr. T. S. Weston, Crown Prosecutor, conducted the prosecution, having associated with him Mr. C. H. Weston. Accused was represented by Mr. C. P. Skerrct, li.C, with him Mr. A. H. Johnstone. ■further witness.es for the defence were called.
-Sergeant Henry Beattie,. formerly stationed at Waitara, deposed that prior to three years ago he had known Dr. Uoode for live years. He had seen Dr. Uoode under the influence of liquor on a few occasions, but never in sucn a suite as to warrant his arrest, lie had had frequent conversations with accused, and on several occasions, both sober and inebriated, he had told witness that different people in Waitara, and particularlytwo persons, entertained a. bad feeling towards hlni. Those two people were Mr Ogle, a chemist, and Mr iiuehanan, town clerk. Accused's feelings were irTational, and he had thought so at the time, there being no reason to believe that these people were unfavourably disposed towards him at «u. lned to argue him out of the idea, but he persisted. He had a sullen, reserved nature. On one occasion witness went to sec accused at his surgery. Accused closed the door and invited him to take a seat. Then he began talking about his enemies as usual, and worked himself into an excited state,, saying that if he had them aboard ship he would treat them as he (as SMgepn) used to treat the crew of a ship when the captain and mate could not manage them. He would draw his revolver, he said, and put them in their place. He was violent, striking the table and striking his chest. He worked himself into such an excited pitch that witness could not say whether the man was mad or not. Since the commencement of this case he had, reported these circumstances to the Inspector of Police. James McDeod, journalist, residing at New Plymouth, remembered going to Waitara on the evening of December 14th last, arriving there between half past seven and' twenty minutes to eight o'clock. Went to the police station not
later than 8.15. When he arrived Dr. Claridge was in the police ollice. Tlie work of treating the accused's injuries was finished by that time. When witness got there Detective Boddain and Mr • Wilkes were just coming out'of the cell. Dr. Goode was in the cell. Accused .was talking at that particular time about his manacles, his hands having been tied with.rope. He was taunting tnc. police with the ease with which he had bamboozled them, boasting that he himself hud shown thc.ui how to tie them up. All through the evening he was making ' a genejrtil comjlaiftt about his place -Jiaiigiig been broken Into. Up. made repeated enquiries as to the reason <f-hjs being locked up. Witness formed the opinion that accused did not know why he was there. In reply to one of accused's questions Detective Boddam asked him if he did not know he had shot a woman. Accused replied that it was a d d lie; that he had never hurt a child, and he had never lost a woman. When left alone in the cell, accused became violent, but Jlr Wilkes, going in with the police, generally wanaged to pacify him. About ten o'clock a cab was brought up. Accused's main desire all the evening was to get more whisky, and he was led to believe that it would be necessary to see Jlr fitzherbert. He complained that he wasn't
dressed in. a fit state to see the Magistrate, but subsequently be went into the cab. Constable Mcivor, Mr Wilkes, witness and accused were in the cab. ,Wncn opposite accused's house accused made a great noise, wanting the cabman to stop whilst he got some whisky. On several occasions When he was, in a way, soliloquising, accused said. "Poor Jlrs (ioode, poor Mrs, Goode." He put the whole blame of his arrest upon Constable Price and Sergeant Haddrell. People, he said, had been trving for years to get him out of Waitara, but this was the last outrage of all, and' he instructed Mr Wilkes to take proceedings against them in the morning for £IOOO damages. He seemed to bear the greater animosity to Constable Price. When witness got to Waitara he . was' told that accused was "mad drunk," and his subsequent observaltions of the man confirmed that. Practically all the way to Sew Plymouth they successfully practised deception on accused in order to pacify him. He remembered accused saying that Constable Mcivor had done him an injury at one time, and that later on he peered into Jlclvor's face and said '''So, I'm satisfied your'e not the man." At the mention of Alcivov's name he became momentarily abusive.
To Mr Weston: The accused's complaint was that his bouse had been broken into "by the police Mid a lot of hoodlums without warrant." Hi' also complained of the way in which he had been knocked about, and also about heiug handcuffed. He was making a raving complaint during the whole evening. He would say that accused knew what he was saying in his answer to Detective Boddam. Almost all the way into Xew Plymouth accused bewailed the fact that Mrs Goode was being left in the house nlone. He made no particular complaint agarast Sergeant Haddrell. but said he ''was no good." aud that he wouldn't live long. In addition to telling Melvor "You're not tile man." he said ""flic man that abused me was a dark man,'' complaining also either that he had been turned out of the lied House Hotel or that he had not been allowed to go in. Accused wanted the cab pulled up at the Rod House Hotel so that die could get a drink. I>n the journey accused grew reminiscent. Re-examiued: Apart from the momentary annoyance the accused bore no. animosity towards Constable, Jlelvor, but said he was "a good sort.' This closed the case for the defence. "REBUTTING " EVIDENTM!
Mr. Weston said he would, with his Honor's permission, call testimony, in rebuttal of Dr. Beattie's evidence. His Honor thought it was a case' : n which rebutting evidence could be called.
DR fi TRCBY KING'S EVIDENCE. DRAMATIC EFFECT OX THE COLRT ACCUSED PROVED A PARANOIAC BARE FORM OF INSANITY. The Crown called, and Mr. *'. 11. Weston examined, - Frederick Trubv Kin?, medical' supcr- • interident of .the" Seaeliff Menial Huspitali;ijrho stated that he had charge bf flic Inebriates' Home at Waitati. and of the special dcpanmmt for epileptics at that nlace. He had been lecturer on mental dUeaiscs at tJie Otago University for the last Jwenty yeare, and was also ex aimifcer m medical jurisprudence. Hi' had ißldv special experience at Horn".. and'wSlS'member of the Psyi-liolnjjic-jl Association. After very careful study of the case he had come to the conclusion that at the tunc of the committing oTThTs act, Dr. Cood was' medically. attUwiiJy insane. ■' W. Weston: At th-.- time of committing! {he act, ia your opinion was Dr. Gooje'ii train structure impaired?— •Yesi The essential impairment of the brain that may foe interred with practical certainty .is a process of degrncra■tionjin the areas of the lirnin specially pjiraejclted with the fund inna of control, what is known as tt3B|^S - r r<l!m ' ljr hiyoN of the ibTai&SWnßKbvliilp the infm-grami'iir |ay«i,«Bmppieerned in instincts, apnfVifnHMjiflffP'''''' necesWties. animal desifeHßßßw forth, rema > n3 intact " T com|a((»tii'eig:iiltapt. This. condition ' 's e WTt£BB&Sk a <r™need chronic alcohoPSmpmnition of the lira in. nml is «<*n in its extreme form in alcoholic «em#ntfaflf|W,ih'e proper controllin;; ttie «gisn may he m a state of BHj^B.jlefflsnetotion, and this area to half its normal
, largely of tire packing tissue in place 01 tlic proper brain elements. 1 put in a diagram shutting thi*. uu the latest | mill highest authority .-flowing also the thinness uf this keyer iu a new-born child, its thinness ia the lower animals, iis ium|.Vt,. development in nu ordinary huniau -adult, ami it-, jotuinknyo to one-' ''ij' ■'" -li. >:i uu examination under lite iiiiiri)>i-ii|,i. in the case of the dedicated druiisard. These diagrams and lUMiiiliiui-. are in consonance with what i> shown a Sir Jlursluy. aud -tinge's lute, and" thee arc in cblisui-.ince with cases of the same disease in whu'h I lave myself cut the brain, made brain sections and examined mk-r0,,-o]>.eally. and exhibited as such at the Imcr-colonial Medical Conference at Dun. dm some twelve years ago, where there were thirty microscopes showing the state of the braiu in alcoholic paralysis and general paralysis'. The highest goes first -when the brain is attacked. A* Mercicr says, "It is a process of denudation, wiping out the highest, leaving the lowest." With a brain in that state it would be impossible to have an unimpaired mind. Disease of the mind is a product of disease of the brain.
Mr. Weston: At the time of committing the act, in your opinion did Dr. I Goode have any knowledge of what he 1 was doing';—He had a knowledge, but not a knowledge tliat would enable | him to make a rational choice. People talk afoout the motive of the insane. They talk about imagining things, imagining that they hear voices, the insane man doesn't imagine it, he hears it. He liears voices just as he hears when he says he hears a band playing' "Coil Save The King." Cerebral processes corresponding to the tune arc going on in the man's brain, the only organ that man can hear with, for we dont hear with our ears, but with our, brain.' Is it any wonder that the man I becomes annoyed when we laugh at him, and say he is only imaimiiii"? I went to" I>cd last night. °1 slept. I dreamt. 1 had knowledge oi what 1 dreamt, but in that oilier existence there is a dual consciousness however limited. We lead two existences, night and day, but 1 have no proper knowledge of what! Idoin my sleep. I'm not responsible for what I may do then. Even in nightmare 1 have a knowledge, but not the knowledge that makes me responsible. ■ Mr. Weston thought the question admitted of a direct answer, "yes'' or '•no," but the witness said that wa* impossible. Mr. Weston': Then I take it that your answer really is, "1 cannot say." Dr. King: It ,i s not. Permit me "to explain, and reineiuber. Mr. Weston, that "words are the coins of fools, the counters of wise men." The witness qudted at length from one of the greatest known authorities .on the subject, Sir Fitzjames Stephen, the author of our New Zealand criminal code, and reasoned from this quotation that the licensed would not have a proper knowledge, a real knowledge, even according to the very -words of the highest legal authority. If a man were dominated absolutely at the time he shot the woman by ideas of injustice, unfairness, the delusion that the world and its inhabitants were all against him, then he had not a proper knowledge, the standarils to which he rcierrcd things being ; utterly erroneous.
Jlr. Weston: 1 refer you specially to [ the fact of the 'accused pointing the revolver and pulling the trigger. Would J lie have acknowledge of those act-? Yes, if "any knowledge'' embraces sucli a knowledge as a man might have in his sleep, he must be. said to have had that knowledge at least. Jlr. Weston: At the time of committing the act did Dr. (.ioode know that what he was doing was wrong? Did Ice know he mas committing »■".. Unlawful act?—l think that>«.,'did know Ihal shooting' a was an illegal at., h'-ai" that knowledge was .tile knowledge of a man whose brain was wasted Avith chronic alcoholism, and who was under the immediate inliiieuce of that poison at the time, and wher wscs also 'suffering from a form of insanity capable of existing, without alcohol, and that his state of conscious-, ness may even have 'been, as suggested,! one of epileptic form, dream conscious-. ness, though I am not of opinion that | the last-named "was tlie case. i Crests-examined by Jlr. iSkerrctt: r' take it that Dr. Ooodc knew that shooting a fellow-being in that way was not a meritorious 1 act. Once having had -a mind, if he had a vestige of his mind left, he knows that such nn act in a human being is wrong. Jlt. Skerrett: Do you think that Dr. Goode, having regard to his mental condition, was at the time of the commission of the crime capable of calmly or rationally considering the different reasons which affected the Tightness or w.rongness of his act?—l have no doubt that he was quite incapable of so considering. ■ ■Jlr. Skerrett: You are of the ■that the. brain functions which control the ■functions- of desire were in the case of Dr. (ioode diseased at the time of the commission of the crime?—! have no doubt of it. " .
"Mr. Skerrett: Clearly i>non«rti that impairs his function nf judgment?—Y&-. '.Mr. iSkorrett: The symptoms of alcoholic insanity arc delusions of pcisedition and injustice, sometimes accompanied by hallucinations?—l may toll yoit that my diagnosis does not showthat Dr. Coode is simply suffering from chronic alcoholic insanity. His is a complex case. Dr. King then gave his account of his connection with the case. He hid been summoned by telegram. At that time he knew nothing of the case except what he had seen in the papers, and the tittle more that ho heard easiialfy from people. He came to New Plymouth with a general recollection ] of'the. effect of wliat he had read in the newspapers at the time ot the original trial, supplemented by casual remark* of people from Taranaki who happened to visit the South. He thought over' the matter and arrived at a provisional conclusion—as we all do under such circumstances—a judgment based essentially on the ordinary relattonships of nine and women to sexual offences and crimes of violence. There was a man endowed with all the feelings, passions, and desires of man. a man who through reckless living and drinking to excess had robbed himself of some of the best attributes of manhood, robbed himself of his po'wcr of choice and of self-con-trol. Witness had pictured an atrophied disordered brain, the power of control gravely inrpairod and conduct dominated by' the. more primary passions and desires. People talked.of no motive, but carnal desire was the strongest mot'ive. of all in such matters. Then, lie continued, this man had carelessly shot and threatened to shoot. Before coming to Taranaki he .had heard of an incident of this kind-in connection wi-ih Dr. Yalintmc. The facts witli regard to what took place in connection with alcoholic insanity were mo-t clearly «••■. out by Dr. Sullivan, the leading authority, who-had made special inee-digi tion's regarding alcohol a-nd crime. l)i Sullivan shows that more than "ifl per cent, of the crimes of violence and all per' cent. o.f the crimes of lu»l tale' place in alcoholics, and particularly in cases of chronic alcoholism where tic person was a.l-o under the direct influence of drink. Thus everything in Dr. lioode'r-ease seemed to coincide with (he general picture he had formed. This man. it appeared from the evi deuce, had felt lustful with regard I" his next-door neighbor, he had coveled his neighlKir's wife, she had resented hiroverturos. and he, in a state of drunken, maudlin exasperation at being refused, had shot her. This was the. simple and natural explanation of- the case, hut was it all? Was there anything else dominating the situation? the dillicult part was that the shooting,.did not Miber hiui." In the virtual presence of death it was a remarkable fact that the man further insulted, the -woman and asked if she were dead. That was certainly beyond the ordinary for a chronic alcoholic, but still it was not an, iinpossi'ble position. He assumed thai the man had been carried away by sexual lust, then baffled, exasperated, and without staying to 'reflect, went on ill-1 sensibly to the other act. his priman pi'ssions and anger-as of a primitive beast, carrying him beyo-ml all limits. The m-::t tiling was that witness examined the witness at New Plymouth n« few days ago. He foiind the man as lie! had expected to lind him. Physically! lie was an ordinary chronic alcoholic.' He had the ordinary eoars'oncd audi somewhat congested face, the ordinaryl diniunition of the play lit the c.xpros-l
sion and in the face, diminished alertness, comparative slowness a:nl I torpor of the 'menial processes, a dihu i cd heart, thickened blood vessels; and altogether he had the whole aspect pf a. chronic alcoholic. When visiting the accused the dirsl time in eumpanv'willi Dr. Ikls'cll, wituoss had -,iot -aid ,mu(li but had let Dr. (joode tell his inv.il slofy with little questioning or prompting. He showed a little reserve. Huftalkad aliout himself in a somewhat detached manner, and gave answers to questions asked. Of course, they did not question hi in about the immediate, surroundings of the crime, hut they tested his memory, knowing that memory -was specially affected in alcoholic insanity. He would not say that accused's memory was bad in regard to such facts as ho could verify. For instance, Dr. Ouodo could remember when Dr. Lealhaiu had bought Jlis iirst and also his second motor car; -when Star Hose won tiic cup; when Mr. Matthews left the bank at Waitara; and so on, witness having since verified the dates and times quo" ed. His memory seemed fairly good. They were naturally anxious in regard to one point, the question of his Iniviiig ideas of persecution. There hail teen I a certain delicacy aootil introducing this ymatter, but the accused himself entered into complaints about the way his fellow-practitioners had treated him. He alleged that the New Plymouth doctors had poached on his preserves, that the doctor at Waitara was a bad lot, having worked him out of his practice and interfered 'between him and his lodge work. This latter feeling was strong, but it could be accounted 1 for, 'because in small places medieil men. were apt not to be pleased when other doctors came in opposition to them and where there was not room for two. In this he was rational, but excessive. As to his more recent memory, it was significant that while according to tile depositions the first event that he recollected alter the tragedy was the people rushing into his room, he had told witness that he first remembered being hit on the head with a ipieee of scantling. 'J'liev had tried to get at the other <md of the story, to find what he remembered before the tragedy, and here.it had struck him that accused was evasive and inconsistent. This strengthened the view of responsibility. It was apparent that the accused was acting u part, to some extent. It should be borne in mind, however, that an insane man was not a. bit different) from a' sane person in that he would play for his life with all his might. Those were some of the leading tilings that had come out at his first interview with the accused.
J)r. Trilby King then passed on to a second interview which lie Had obtaincd, '(or the purpose of asking liini expressly about the question of delusions and hallucinations. Introduced llic subject as an incident of conversation in n jocular way by referring to the "blues," and the accused smiled and said he had never had hallucinations or delusions or any irrational ideas at all. He seemed to l>e perfect)}' clear about that. Asked if he had 'suffered at all from loss of consciousness, the accused rcJal- | ed ho\v on one occasion he had been overcome by a sort of fainlness when going up the Wairau hill, but he did not wholly lose consciousness and was able to go on his journey. The accusal admitted having indulged the alcoholic habit to excess in the past five years. Witness then fully satisfied 'himself that there was nothing in connection with his kidneys or other organs to account for a certain heaviness and tor,por in the accused. His net conclusion was most strongly in the direction "'•' tlie opinion he liad fore-.:, 1 ,, orginallv. that it was a c ; v ..,„ chnniic alcoholism. tJo\\j:vi»',,'the later evidence, especially regarding the series of delusions mentioned by witnesses on the previous day, convinced him that accused »-,i> -offering from something more complex, than simple chronic alcoholism, viz... from a rare disease, alcoholic paranoia. Paranoia is the. one ■form of insanity in which above all others a man who may superficially appear sane enough cannot escape from the dictates and leadings- of his delusions. He would now describe paranoia, not chronic alcoholism, for paranoia could exist without alcohol at all, as in the case of Lionel Terry. His was a different class of paranoia, but lie was a paraI noiae all the same. He quoted from Dr. Mercier, the highest English authority upon the subject: "Paranoia is a form of insanity which runs a. definite course not seen in any other variety. The systematise)! delusion found in eases of this kind is a delusion Which, to use tlie language of modern psychologists, constituted an aperceptive system, k is an organised body of false knowledge." A paradox, certainly; liut so far as the patient „s concerned lie had no doubt that he knows tilings (though in reality they are delusions); and he knows that lie denows them in the same sense that a of hallucinations may know that he hears voices when no one is speaking.' Until one grasps this it is impossible to understand or- interpret the motives and conduct of the insane.
Dr. Trul>y Kinp: continued:—"TinI d-lusions of paranoia. ililTcr from oilier delusions in the fact that it colors the whole life of (lie patient; it regnlutes his daily conduct; it provides him with an explanation of all his experieiK'os Hint are. otherwise inexplicable; it it* his theory of the eosmos. Through every systematic delusion there runs the thread of persecution which connects them; the influence acting upon the patient in such a slate is ahvays an iullucnce adverse to him. This disease i« associated closely and conspicuously with confusion of thought, and more often than any other form of insanity with hallucinations. The character' of the delusions varied, hut 'tire, idea of -persecution rims through them all. The persecutor may he a real individual. One man alleged persecution by a man lie had never seen. Sometimes the persecutor was specified: in other cases they were alleged to pervade Hie community. Thus the following passage occurs in the text honk: "flic persecutor may he a specific individunj and in that case may have a_ rcal existence or he wholly imaginary. In a certain case the patient was annoyed by u man 'he hail never seen who liair.itcd' the. lanes and fields about the patient's resilience. Again the persecutor and his emissaries mnv be actual individuals, who he imagines to haunt the nciirhhorhood. Tliev are under 111" floor or in the. cellars; they lie in rooms above or on the roof; they are i;i adjoining rooms. Every .mishap, every inconvenience, every disappointment that happens to the patient is ordered hv them, or the persecutors are not specifically identified, hut pervade the community. The people i:i the streets talk to each other about him: they look at him in meaning ways: if the'v smile or lansrh it is in contempt of 'him: if he catches wraps of their conversation this also has reference In him. ITe see- two men meet "who arc total strangers to him: tliev -hake hands] thev smile and ask each other how thev do. The shake of (he handis a Masonic arip hv which each recognises that (lie. other is in Hie plot. The -mile is an cxprc-ion o'f triumph that thev hn-ve slice led in their nefarious' design again-f him. The ipiestion ,and answer, while seemingly innocent really refer in some way to him and means that he is a blasphemer, a murderer, an adulterer, or what not. Verv often the delusion is. of being followed about ami watched; it. may be by the police, hut move often by unoflicial watchers. Sometimes the viirilalil enemy, is a single specific inilividua': sometimes two or more: sometime- a number of unspecified individual-." lie i|Ui)tcd from Mcrcier: ."The conduct of the paranoiac is dominated hv the delusion. Tu this is the marked ami conspicuous difference hetwecn paranoia | and mere fixed delusion. In the latter the patient goes about his „o,k like an ordinary mortal, hut the delusions.-of the paranoiac clnniiiin! - hi- whole life. , They arc with him evcrv hour and every minute of flic day: they keep him from his work;- they, interfere with ( whatever lie Iries to do. lint the mo : f . important characteristic of. the conduct ] in persecutory delusion is the tendency . to violence and to homicide .that so .
often exists. The continuance of Hi persecution, the futility of all inensur" I a ken against it, the refusal of 111 authorities to interfere. I he- goneri .neglect of and dislielief h bis trouble a
last generate a degree of exaspcralio which prompts, it niav be to violent-' it may be t„ murder. 'When the perse cutor is identllled with any specific pel son the violence is lialuiallv diroctc
against that person but ,w'hen.,as so «l!en"Wppcus; nf acWiiulc' ,T'i-.4«»n 'or ii» -peeihc individual is identified ;1S til" tiivu.lilui .vivlimon/iiiay be directed again,! anyone. ■ „
they prompted him to dp violence aid murder. "lie"(teed"of"restraint in an' institution is more imperative in .paranoia than in any other form of insanity, and the rule is stringent that no paranoia should ibe at huge. If |, c is allowed, hi s perpetration of a murder is only a matter of time, and is certain to lake place if time is allowed. Scarce ly a week, and never a month, passes m which newspapers do not report a murder committed by a person sulieriu" from this form of insanity, and one who ought to have 'been placed in an asylum years before."
faking a copy of the ''Daily News" of that morning and reading from Waitara people's evidence of delusions given the day before, Dr. King said the evidence was so clear and so closely in accord, with the text-book, that he almost had a difficulty in deciding when he was reading from the newspaper and when from Mercier's text-book on the disease. As parallel instances in the case of the accused, Dr. King, scanning the newspaper, drew attention to the evidence ot some half-dozen witnesses as to people being in league to injure the accused professionally, the conspirators, the 'sines, the w'atchings, the hidings 'behind hedges, the haunting of a street, the avoidance uf this by the accused, the threats to shoot, the hoarding incident, etc. The. voting paper incident he rcleiTcd to as such a remarkable action on the part of a man of education as to show conclusively that Dr. Coode was an irrational person, and that h.' was insanely suspicious. The witness then showed to what extent these suspicions and delusions would affect the mind. A man whose mind was pervaded with these altogether irrational ideas became more and more suspicious, morose, and reserved. Apparently, in this case, Dr. Coude had these 'delusions both drunk and sober, and suspicion dominated his every' movement. For live months, they were told, one witness had observed him, and during that time the accused used a round-about si reel. Then again, immediately before the crime, he had had the hallucination uf siring a man on the windmill, which might or might not be associated with drinking. They had, too, the evidence of Dr. Beattie that recently, since the crime, he had observed the" manifestations of at least om: hallucination present during complete sobriety. The fact that Dr. JScaltie had not found such manifestations at the second interview or examination, some time later, was of no significance- whatever, because such patients often conceal delusions or hallucinations if they thinlc fit.
Dr. King quoted Dr. Kruepcliu, the must eminent Herman authority; Dr. .Ucrcier, the highest English authuritv; Dr. Cloiiston, the highest authority 'in Scotland, on this aspect of jnental disease, explaining tlmt a quarter of a century ago Dr. Cloiiston was disinclineil to accept the views of Professor Kraepelin and the lii'rniiin sehool as t" paranoia, liut that lie had afterwards become mueh of the same opinion. Any .slight difference of opinion was only .1 matter of ekujsilication. Dr. Clouston gave it that paranoia often had the effect of perverting the sexual and caused affection to laJiifc-TS-aSraiTge turn, so that tkftrmliure of the suivjeet !»«•"••: .-j-raliier disruptive and not lend-j I lug towards social cohesion.
Alcoholic paranoia is described an a distinct form of menial disease in a book liv Dr. Stoddart. of JScthclelirm .Hospital, London, which has just appeared. He say,: "Tliis is a rare disease. .It usually I>egiiiri about iniddh:age and occurs more frequently in niti\ than in women." Il'arl of the diilicullv in this case wis that although it was admitted that Dr. (ioodo had had delusions, could they have so ail'eeted him ars to cause the shooting of this womanV lie thought the connection could be satisfactorily
established in this case. The law required, indeed, that it .should be established in order to validate, the ,plca of insanity, but as a medical mail he felt that the legal requirement was too exact nig in this respect because (he connection might exist without it being possible for anyone to' trace it. Merrier, on "Criminal Responsibility," was then quoted as follows:
"It is quite exceptional for a person wdio suffers from delusions to reason logically from those delusions as a person might from a sane belief. The delusion is not an isolated disorder, it is merely the superficial indication ot
a deep-seated-and widespread disorder. As a small island is but the summit of an immense mountain rising from the lloor of the sea, the portion of the mountain in sight bearing but an insignificant ratio to the mass whose summit
it is, so a delusion is merely the conspicuous jiart of a menial disorder, extending, it may lie, to tile very inundations of the mind, Inil the greater porlion of which is not apparent without eiireful sounding. Precisely how far this disorder extends, beyond Hie region of iiiind occupied liy the delusion, it is never possible to say; hut it is eertain that the delusion 'itself is tlie least part of the disorder, and, for this reason, no deluded person ought ever lo be regarded as fully responsible for jiny act tiutt he may do. The eonneetion .between the act and the delusion niav be wholly indiscernible, as the shallow between two neighbouring islands may lie entirely hidden by the intervening sea. Buf nevertheless, if the .sea stood a hundred fathoms lower, the two islands would be two mountain peaks connected by a stretch of low country; and, if the hidden springs of conduct were laid bare, the delusion and Lite act might be found to have a common basis."
I In Dr. Goode's case the idea of unfairness, injury, and injustice per.vaded "lie man', every thought. One fact that made him liable to such delusions was that lie was an Irishman. They all knew the rooted idea of the Irish found expression in the words, "another injustice to Ireland"—another injustice lo another irishman. His Celtic temperament made him very suseeptibl ', very prone to suspicion, very liable to shoot. In support of this lie .mentioned that here in this Dominion there was twice as high a percentage of Irish insane as English. Scotch or German. At every I urn in his life Dr. Goode scoinwr lu feel that he met with some injustice. 11l his medical practice, in his goings-nut and cniningw-in. and finally in his lore affairs, he felt he had never had a show. lie felt that in.his neighbor'.: house, and his feelings found expression in words, that he was being denied the. favors extended lo other men—a delusion, of course—and in his feelings of intense resentment, and dominated by a sense of injustice, he shot this woman. There was this feasible connection between the delusions of which they had bail evidence and the actual committing of murder.
His Honor intimated (hat he would A-V Dr. King three questions-, staling that (hey were almost issue's to put '.o a jury.
His Honor: Dr. King, did the accused in your opinion, when ne shot Mrs Klcuncr, possess the power of forming lii> raliiuiil judgment, substantially unbiassed by mental disease, as to the Hue nature and quality, including Hie moral and legal nature and quality of the acl \
Dr. King: I am absolutely satislied thai he did not. Was his inability to form such a judgment'due to mental disease? Yes.
Was bis act an act of bis own imUipendeut violitkm in a true sense, or was it an act dictated or dominated by some influ'eneu arising from neiiuil mental disease, which influence he was' unable by his will to control? IL was certainly of the latter kind.
Using the terms as you wouid n->' thi'in, or as they arc popularly used, and treating.the question as a question of act, do you consider that, a man who is to that extent wanting in control, is responsible for his acts?
Tie is absolutely irresponsible. Can you affirm that a man in having the condition of (he brain, as the organ of the mind, such as you find here, is
from any point of view responsible for his'lnci? " '' "■■■ ' '" *■ ■*'■■' ' 1
Certainly not. ■'Thii"Cruivh ihi'li' iiiiiiualed that, l)r -Grey Hascll, suueriiiTcuddut" of the i'vnitua.Alwital, .nu.-pitul, was to j>e Vil'leil, and that, hi,-, evidence .would) lie on similar lines, when His Honor asked 'Mi-" Weston, whether, in the light of Dr. King's evidence, he felt justified in proceeding further. Mr iV'eslon replied that he had been pondering whether it was really necessary to call Dr. Hasell. Hut he had the evidence, and it would be a substantiation of Dr. King's, and he wished to do the proper tiling as Crown Prosecutor. He had intended at the close of Dr. Hasell's evidence to make a statement to the effect that under the peculiar circumstances he did "not feel justified on belf of the Crown to further combat the defence of insanity raised by counsel for the accused.
His Honor replied that lie thought counsel for the Crown had taken in every respect a proper course in regard to this ease. No doubt the Crown Prosecutor had had a final report from Dr King indicating that his evidence would be substantially what he had given in the box that morning! In those circumstances it was quite proper for couiisel to put hint in the box, ascertain his views, and to treat him as an expert witness, whose special investigation was part of the judicial system of the country. Both counsel for the Crown and counsel for the defence, he could see, were relying on the evidence of Dr. King. His testimony was iu accord witn that of Dr Wylio and Dr Beattie, and it went further, going more into technical mnttur but in such a clear manner that every member of the jury must have been able to follow him. In the circumstances it appeared to His Honor that tins case should go no further. The law provided a special course in such a case, and he proposed to put to the jury certain questions, which he thought they would be able to answer ia the affirmative without quitting the box. It was perfectly hopeless to ask a jury to convict the accused ol wilful murder, and no one would think.'of asking them to do so. He put tlie questions to them, (11. Whether accused was a lunatic at the time of the commission ol the crime ? , (:>). Whether if the jury acquitted the accused, such acquittal was on the ground that the accused was a lunatic J ,
His Honor added that there was absolutely no other ground for acquitting the .accused, for that he did the act was .manifest.
The foreman consulted his colleagues, and in a few moments returned an affirmative answer to both questions. Almost immediately., however, Mr jMily informed Jlis Honor that he had been mistaken,-and that ;ome of the .jurymen wished to retire to consider their answer.
"His Honor: There can be no other ground for acquitting the accused. Do any of yon, gentlemen, think it necessary to retire ? If you do, then you may do so.
The. jury filed out, and returned in seven minutes.
The Registrar put' the usual formal asking if the jury .tad agreed ui>n» their verdict. ~~
The foreman said he /lad first to ask a question., Jhn Wu 'jurymen who hud rcMjwesled a retirement, lie explained, ■wished to be assured that in the event, of their acquitting the. accused, the detention for life was assured. His 1 Honor said that didn't, concern the jury. As jurors they had taken the oath to bring a verdict'upon the facts. As a matter of fact, such a verdict would ensure the accused's detention.. The foreman: Then, your Honor, we do find tluil the accused was lunatic at tin: lime lie committed the crime, and we acquit liim on that ground. The jury added a rider that the means of arrest employed by Constables Price and Mclvor, in the jury's opinion, probably prevented a further tragedy or tragedies. Mr. Weston then formally asked for tin order of detention.
'His Honor replied that in accordance with the Statute he would make nil order that accused be kept in R tricl custody in the New Plymouth gaol unlil the Minister's pleasure is known. Mis Honor agreed that the mode of arrest was a perfectly proper one. and probably prevented further mischief. T.he conduct by the police of the proceedings throughout ha'd been just what it should lie. His Honor alfio congrntula led the police On the admirable order preserved in and about the Court during the trial.
At 1.10 p.m. the Court adjourned till !) this morning, ■when the civil busi-ness-will lie taken.
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Taranaki Daily News, Volume LII, Issue 48, 22 March 1909, Page 4
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6,427NOT GUILTY. Taranaki Daily News, Volume LII, Issue 48, 22 March 1909, Page 4
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