MURDER CHARGE.

Taranaki Daily News, 8 November 1919, Page 5

MURDER CHARGE.

RETURNED SOLDIER ON TRIAL. HIS MENTAL CONDITION. ' By Teleeraph—Pross Assn—Copyright. ' Wellington, Nov. 7. In the Supreme Court the trial commenced of James Reside, a returned sol4ic*r, on a charge of murdering Christopher Carr at Stronvar, Wairarapa, on September 6. Mr. Justice Chapman was on the bench, Mr. Macassey was for the Crown and Messrs. Wilford and Pragnall for the defence. Mr. Macassey, in opening the case, said the defence vroa\i be that accused was of unsound mind when ho committed the murder. Evidence was given' on similar lines to that in the lower court and at the inquest. Alexander Beside, father of accused, askart by the Judge if his son was queer before he went to the front, said: "Yes, your Honor, he went the same way as his mother." Mr. Wilford said it would be proved that the mother was in a mental hospital.

SUFFERBCG FROM DELUSIONS. Witness, cross-examined, said his son had the idea that Carr was in league with someone outside with a bomb to blow them up. The bomb idea was continually in his mind. Accused, prior to going to the war, had a despondent tendency and on one occasion gave himself Up to the police at Masterton to prevent himself from committing suicide. • An aunt of accused's mother was'mentally affected. Accused left with the 40th Reinforcements and went through the terrible epidemic experiences on the Tahiti after the vessel left Sierra Leone. Mr. Wilford said the defence was that under Section 43 of the Crimes Act prisoner was free from responsibility for hi» -ac/tion. Accused was suffering from specific delusions. Doctors had talked >rith him in gnol and had all come separately to the same conclusion, that accused was not accountable for what he had done. He was suffering from the mental disease known as paranoia. Drs. Fyffe, Cow. Prins and Litchfield gave evidence that tbcv found accused to be a man who did not annear to realise his position. Tic suffered from delusions and laughed at his offence.

INSANITY PLEA SUCCEEDS. Mr. Wilford, addressing the jury, pointed to the importance of the medical evidence and asked if the accused was so much to blame. Was he not more to be pitied, as his mental capacity' was below normal 1 The regret was his mental trouble was not discovered earlier, and action taken to place him in a mental hospital. His Honor, summing up, put to the jury two questions- First, was the accused James Reside insane at the time he committed the offence. with which ho was charged? Second, do you acquit him on the ground of insanity f There was no dispute as to the facts in the case. The accused admitted turn lie had killed CaTr nnd at no time made any secret of it, and were it not for the question of insanity raised he would simply say to them that a prima facie case of murder had been. established, but they were free of that, for they had a distinct defence of insanity set up. Without retiring the jury answered the two questions submitted to them in the affirmative. ITis Honor ordered that the prisoner be kept in custody in the public prison in Wellington until the pleasure of the "Minister for Justice was known.