THE SUB-CONSCIOUS MIND.

Taranaki Daily News, 8 June 1920, Page 5

THE SUB-CONSCIOUS MIND.

PRISONER'S NOVEL PLEA. A' REMARKABLE CASE. By Tdegraph.—Press Association. Auckland, Last Night. "The uncontrollable action of tlie subconscious mind" was pleaded as a defence by Alfred Hill (Mr. Hampton', who was charged in the Supreme Court, before Mr. Justice Chapman and a jury, with having, at Te Puke, on May 1, indecently assaulted a boy of nine years. The Hon. J. A. Tole, K.C., for the Crown, in the course of the proceedings, pointed out that in that case in America the "brain storm" and the "unwritten law" were pleaded. Now there was thisnew defence, with special application to returned soldiers. The jury had to be guarded agrinst the introduction of ne-.F theories with regard to these men. They had everybody's gratitude, but they could not have special privileges in thu administration of the criminal law. The accused gave evidence of his war service, and of his having suffered pains in the head after an operation for wounds in the neck. He recollected speaking to a boy at Te Puke, but he did not remember committing the alleged offence. Medical evidence in support of the prisoner's contention was given by Br. Peter Lindsay, of Auckland, who stated that he had examined the accused and felt that the Court should give him ererv consideration. He considered that Hill did not have a clear mental idea of whit he was doing, because his mental control had failed to function, and he was suffering from phychp-neurosis. Dr. Cyril H. Tewsley, who also examined the accused, said he believed that the accused did not know what he was doing, or the nature of his act. Witness would not have certified him as insane three or four hours after the offence, but he would certify that he had lost his self-control, and that he had no power to distinguish when he did the alleged act whether ho was doing right or wrong. Medical «f|ridenee in rebuttal was brought forward by the Crown. Br. Beattie, superintendent of the mental hospital, Br. Thomas Pettit; with five years' experience of military hospitals, and Dr. Murray, gaol surgeon, who had also examined the accused, expressed the opinion that the prisoner knew the nature and the quality of the act alleged, and that he knew it'was wrong.

Dr. Beattie further expressed the typinion that Hill had never suffered from phycho-neurosis at any time. Mr. T'ole pointed out to the jury that the defence set up was not known in law. The prisoner could be acquitted only if he were found insane. They would bear in mind, however, that not one medical man would say Hill was insane. His Honor, summing up, said that the legal terminology of the defence was that the accused was insane. In law, where a crime was committed, only imbecility or "disease of the mind" of such an extent as to render the accused incapable of understanding the nature and quality of his act would excuse him. The'jury, after an hour's deliberation, found the prisoner guilty. Sentence was deferred.