THE VIEW HILL MURDER.

Taranaki Daily News, 19 May 1917, Page 4

THE VIEW HILL MURDER.

VERDICT OF GUILTY.

RECOMMENDATION TO MERCY.

ON GROUND OP LOW MENTALIT?.

By Telegraph.—Press Association. Cliristchureh, Last Night. The trial of Charles Butler, for the murder of Henrietta Louisa Foster, at Oxford on April 8, was concluded to-day after lasting three days), accused being found guilty, with a strong recommendation to mercy owing to his low natality. The defence aid not dispute the fact that the accuse'd paused the death of the girl, but contended this act was that of an irresponsible being. Accused hud been an inmate of a mental hospital for thirteen months some years ago, and his mother and sister hod also been in the asylum. He had special delusions on sexual matters, and would not believe half a dtan doctors that he had not venereal disease, The defence led evidence to establish the fact that accused suffered from epileptic mania, and that lie committed the crime while in the paroxysms of epilepsy, and knew nothing of his action till afterward*. Evidence adduced for the Crown wa» to the effect that the accused understood t'ho nature of the act and the quality of the act. The Crown Prosecutor, referring to _tlio law upon the question of insanity as excuse for crime, said that legally there had to be a disease of tiie mind to such an extent as to render the person incapable of understanding the nature or quality of the act, and of knowing that such aet was wrong. He contended that accused's mind was not such as to bring liim within the scope of the legal definition.' In summing up, in traversing the medical evidence, Justice Sir J. E, Deftniqtoii said that he could not accept one statement to the effect that at the time accused was doing the deed he did not know lie was doing It. A man must know he was cutting a woman's throat in order to know how to use the raior, and in that senses therefore, the statement was nonsense. In conclusion the Judge said to the jury: "The facta are clear. It is a case of homicide, and it will lie one of murder unless accused has satisfied you that he was insane at the time he committed the act, and did not know its nature or quality, and did riot know the act was wrong. That is the standard, however harsh and severe, which wo have to adopt." In passing sentence of death, Sir J. E. Denniston said: "You 'have been convicted after' a trial in which every consideration has been given to you. With the verdict of the jury I think it right, looking at the nature of the case and its responsibilities upon the jury, to express my entire concurrence. I do not think it was possible in the circumstances for any other decision than- that which the jury have come to, with a strong recommendation to mercy-owing to your low mentality. That recommendation will be "forwarded -to th« proper authorities.''