The Daily Dews MONDAY, MARCH 22. THE CASE OF DR. GOODE.

Taranaki Daily News, Volume LII, Issue 48, 22 March 1909, Page 2

The Daily Dews MONDAY, MARCH 22. THE CASE OF DR. GOODE.

"Acquitted? Never!" We can almost imagine that such an expression might be almost universally typical of file incredulity with which the general public received the news of the finding of the

jury in the trial for murder of Dr. E, J. Goode, which came to a unique, abrupl

and dramatic conclusion on Saturday 1 afternoon/' Basing one's knowledge on the progress of the case up till the time Dr. I''. Truly King entered the witnessbox, the expression, we candidly adj mil, would have been the first we would I have given, utterance to. But the evidence of Dr. King—clearly, explicitly, sincerely and convincingly placed before the Court, so absolutely and irrefutably upset the whole aspect of the case that the charge literally fell to piccesy There are many aspects which are unique and peculiar to the case. We have never heard of a case in which what purported to be rebutting evidence for the prosecution resulted in establishing the case for the defence; in other words, that the Crown established the ease for the defence. The case u important in that it is practically tin Inst in which this particular defend has been successfully raised under the

Criminal Code. There was also the unique spectacle of an expert witness, deeply conscious of the correctness of his diagnosis, which introduced features quite new to the case, completely taking charge of the Court, in order that he might demonstrate, in his own way, his conclusions. Then again the case was iiVtable ill that it practically, in the abruptness of its termination, seemed to be irregular. In a. few minutes the whole aspect of the trial, proceeding with

nil the legal decorum and seriousness inseparable from proceedings of so grave a nature, was changed. The hu»u of the courtroom that spoke eloquently during •three and a half day- of the struggle for life that was being emu-led within its walls, underwent 'nil electrical change that could lie fell-a realisation, with dramatic suddenness, that the trial was unexpectedly over while it yet proceeded. So complete was the debacle, so apparent was it that a transl formation scene had been enacted in the jury-box, coincident with the breakdown of 'the case for the Crown, that with one accord counsel oil bom sides and the presiding Judge dispensed with all established precedent, perceiving the futility of addressing the jury, summing up, or giving directions. _,- Wy do not feel called upon, even were

we competent to do so, lu make a ilisipiisition on the expert evidence which completely changed the complexion oi the proceedings, in tiie manner of presenting that evidence the Crown Prose- . cutor, who, no doubt, oaly did his obvious duty, is still to lie complimented. The position iu which he was placed was certainly a peculiar one. At the I last moment he was made acquainted with the fact that thx-aTiucircci'upun which l'x >vas relying to rebut the expert evidence of the defence, was to be i such as to entirely suppuiL, and only I more conclusively prove, the contention I of the defence that accused was insane. Had this evidence not been brought forward, it is easy to imagine that a. ' verdict of a totally different nature might have been returned. /The case & affords, therefore, a splendid illustration it of the absolute fairness anil justice ol |f British legal procedure The manner in |f which the expert opinion of the Crown |$ witness was formed was, further, a |j noteworthy feature of the ease. Agreed, «J as all the' medical opinion was, tl at ac- £ eused was suffering from oirojiic alco- & holie insanity (a form of insanity, we s understand, that would not absolve an * accused person from complete responsiJ bility for a crime), at the last moment J one of the highest authorities on mental £ disease and lunacy in the Dominion lias U impressed upon him, from a study of the |f evidence, that lie is confronted with all if example of one of the rarest forms of |f insanity, apart and distinct altogether £ from that form of mental derangement It consequent on extensive alcoholic indul|f ence. Singular as this may seem, it is £ still perfectly obvious that it could only t he by having such a knowledge of ac- % euscd's condition over a long period of jj; time, as brought out hi evidence, that a | disease, the growth of which is gradual J and the symptoms not outstandingly I irrational viewed individually, could be E accurately diagnosed. Those who were privileged to listen 'lo the unfolding ol |f Dr. Ring's interesting thesis could not £ but be impressed with the difficulties in £ the way of recognising, oll'-iimid as it | j were, the multifarious forms of insanity. £ Some light was thrown on Dr. Goodc's * form of insanity by the likeniag to that f of Lionel Terry, whose delusions also' $ prompted him to slay. There is also an * analogous case in that of Hairy Thaw, * now undergoing detention iu the Tombs l Prison at New York. f We have heard the opinion expressed f that the (Jrowu Prosecutor, knowing tuat fr Dr. King's and Dr. llascli's evidence was ' to he in the direction of proving tile $ insanity of accused, should have made ; the fact known at an earlier stage of ' Saturday's proceedings. To our mind, and as his Honor admitted, the correct course, was adopted. There was possibly a doubt as to whether the medical insanity to which Dr. King uas („, ~,„! did, testify, was legal insanity within the meaning of the Criminal (/ode. Dr. King, on his own volition, endeavoured to establish to the satisfaction of the Court the connection between the two, on the ground that the delusions caused accused to believe in the existence of a state of tilings justifying the commission of the crime. We confess our inability to say whether he did conclusively establish his contention, (in the other hand, however, the requirements of the law were satisfied, and (he defence clearly established, on his evidence that accused was suffering from such a disease of mind as to render h'rm incapable of knowing the nature of the act, and of knowing it was wrong. The verdict of the jury, which acquitted the accused, but ensured his detention during (he pleasure of the Crown, will undoubtedly mean committal to a lunatic . asylum. The pity of the whole sad ' case is that Dr. Goode's mental condition had not been ascertained ere his disease had reached the stage that < prompted his hand to murder. Nothing ' can atone for the sacrifice of a life, of ' a wife and mother: but the ends of ius- " tice do not call for "a life for :l life" a in the ease of the mental irresponsible. }'