SON KILLS MOTHER.

Taranaki Daily News, 15 February 1921, Page 5

SON KILLS MOTHER.

FATAL BLOW DURING QUARREL. ACCUSED WEEPS IN COURT. GUILTY OF MANSLAUGHTER. By Telegraph.—Press Association. Auckland. Last* Night. A case of alleged matricide (murder of a mother by her- son) at Henderson came before Mr. Justice Stringer and a jury at the criminal sessions at the Supreme Court this morning, when Frederick Spearpoint, aged 23 years, was tried on a charge of having, about November 3, at Avondale, murdered Nora Blanche Spearpoint by striking her with an axe. Mr. Meredith (Crown Prosecutor) conducted the case for the Crown, and Mr. Prendergast appeared for accused. In reply to the charge Spearpoint pleaded not guilty. On the application of his counsel, who stated that accused suffered from hip disease, Spearpoint was allowed to be seated. Mr. Meredith said accused, who was a natural son, was charged with the murder of his mother. The facts of the case were practically not disputed, so that the question whether or not Spearpoint killed his mother would cause the jury no difficulty. His statements to a blacksmith at Henderson practically settled the question .beyond doubt. After his arrest accused, in reply to Constable McGhone, said he never had a father and that his mother had said she wished she had killed him when he was a child. There was no support for that assertion beyond the statement made to the police after the occurrence. A VIOLENT TEMPER. During the Crown Prosecutor’s address to the jury accused occasionally wept, but became composed later, and listened to tjie evidence. James Spearpoint, laborer, said he was accused’s stepfather. Cross-examin-ed by Mr. Prendergast, witness declared that he never heard his wife “nag” accused. Counsel: Was she a little bit inclined to “nag.”—Not to my knowledge. Dr. Fullerton stated that the last witness said to him that he supposed the boy had lost his temper and the mother had probably been “nagging” him, as she was given to “nagging,” and the boy was of a violent temper. Dr. Murray described head and body injuries, the result of which, he said, had caused death six days afterwards. Cross-examined witness sold he had attended accused in prison and had found he was suffering from extensive tubercular disease. There were several operation sears. Accused’s condition would cause irritability. Counsel: Would you describe accused as being of very strong mentality? —He seems a little below the average general condition. Re-examined, witness said Spearpoint was not particularly bright. In reply to His Honour, witness said that provocation which a normal person might think slight might be resented more readily by a person like accused. QUESTION OF PROVOCATION. Mr. Prendergast said there was no dispute that deceased died in consequence of a blow delivered by accused. Th.e question was whether, on the evidence, accused did not receive such provocation as to excuse the blow he struck. Counsel contended that as a result of angry words between accused and his mother, the former lost his temper and also complete control of himself. He struck her with an axe, but had he had a piece of wood in his hand he would have struck her with wood, and if he had had nothing m his hands he would have struck her with his fist. The accused, Frederick Spearpoint, was then called to the witness-box. His evidence occupied half an hour, during which he gave a very clear account of the incidents leading up to the altercation with his mother. Accused, who had given his evidence with a far away look in his eyes, as if picturing the scene, broke down when uttering the words: “Then I raised my hand and struck her.” Spearpoint then buried his head in his hands, and his counsel sat down. In summing up, His Honour said he thought it was a reasonable inference for the jury to draw that accused inflicted the blow in passion and upon provocation, and if they so found they would return a verdict of guilty of manslaughter. The jury, after eighteen minutes deliberation, found Speaipoint guilty of manslaughter, adding a strong recommendation for mercy. Sentence will be passed on Saturday.