THE WAITARA MURDER.

Wairarapa Age, Volume XXXII, Issue 3143, 22 March 1909, Page 5

THE WAITARA MURDER.

TRIAL OF DR. GOODE.

AN ABRUPT TERMINATION.

ACCUSED DEEMED TO BE INSANE. Telegraph—Press Association

NEW PLYMOUTH, March 21

The trial of Dr. Goode for the murder of Mrs Klenner came to an abrupt termination shortly after noon to-day, after what was intended to ba rebutting expert evidence called by the Crown, had been given by Dr. Truby King, Superintendent of the Seacliff Mental Hospital. His Honour and the Crown Prosecutor at once admitted that it was no use going on any further. His Honor added that no one now thought of convicting accused of the wilful murder.

Evidence was given for the defence to-day by Sergeant Beattie, of Taihape. as to accused's general condition three years ago, and by Jas. McLeod, journalist, respecting accused's condition at the time ot his arrest, and subsequently in the cell and during the journey to New Plymouth.

:Dr. Frederick Truby King, called by the Crown Prosecutor, said that after a long and careful consideration he had come to the conclusion that at the time accused committed the act he was mentally and legally insane. In witness'opinion accused at the time had no knowledge which enabled him to make a. rational choice. He quoted authorities to show that it was possible that any knowledge accused had at the time was oniy such knowledge as that in a dream state. At great length he detailed the symptoms to show that Dr. Goode was suffering not from simple alcoholic insanity, but from complex insanity. Accused was sutt'ering from a rare and complicated form of insanity known as alcoholic paranoia. \< itness dealt with the case as if it .vere not alcoholic paranoia, but timple paranoia, and described the disease at length. Another paranoiac suffering from a different and simpler form of paranoia was Lionel Terry. Dr. King quoted at length from the textbooks cases in which subjects suffered from paranoia. ,In answer to a series of questions from His Honor witness said that accused was absolutely irresponsible. His Honor deemed it unnecessary to call Dr. Gray Hassel), superintendent of the Porirua Mental Hospital. Neither counsel addressed the jury. The Judge made no summing up. He submitted the following questions to the jury:—-(1) Whether accused was a lunatic at the time of committing the crime; (2) whether, if the jury acquitted accused, such acquittal was on the ground that accused

was insane. The jury almost immediately replied in the affirmative to both questions.

His Honor then ordered that accused be kept in strict custody in the New Plymouth Gaol until the Minister's pleasure is known. His Honor had previously assured the jury that the verdict ensured detention. The jury added a ride, which the Judge endorsed, that the means of arrest employed by Constables Mclvor and Price probably prevented a further tragedy.

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