SENTENCED TO DEATH

Wairarapa Age, Volume XXXII, Issue 10176, 28 February 1911, Page 5

SENTENCED TO DEATH

THE NORTHERN MURDER CASE

STRONG RECOMMENDATION TO MERCY.

[By Telegraph—Press Association.]

AUCKLAND, Last Night. The trial of Albert Cash, who was charged with the murder of his wife, Charlotte Sarah Cash, at Parakae, near Heleusville, on December 25th last, was continued to-day. The defence, as already stated, was on the grounds of insanity. Several medical practicioners gave evidence to-day. but their views did not altogether coincide on the subject of the prisoner's mental condition: His Honor occupied a few minutes over an hour in summing up. He told the jury that their verdict must be one of guilty of murder or not guilty on the ground on insanity. The law deemed everyone to be sane at the time of the commission of an act, and the question here was whether or not the prisoner was insane when he killed his wife. If the jury found the defence established, they were entitled to acquit the orisoner on the ■ ground of lunacy. Tliey had to determine whether the degree of mental ovealmess j which, according .to. the/evidence of! some of the witnesses and in the opinion of some of the medical men, commenced some time ago with the prisoner, had advanced to such a degree that on December 25th there suddenly ' irose a mental condition which re--11 "Med in this act. If so, the prisoner was not responsible for that act; but a man charged with such a crime had to establish to the satisfaction of the,jury that lie was incapable of under-' standing the nature and, quality of, his act, and that he committed it in' a paroxysm of homicidal mania which deprived him of any mental power to appreciate tl>e nature of his act. His Honor trustedthe verdict the jury gave would satisfy their consciences, i In reply to Mr-Tale, His Honor said that if the jury was satisfied that the prisoner was of sound mind, .the crime could not bo reduced to manslaughter. The jury retired at 6.5 p.m., and at--9.00 p.m. returned to the Court with a verdict of "guilty, with a Strong recommendation to mercy. The recommendation to mercy was given on the ground tl\at thw prisoner had received provocation. When galled upon, to steue whether . 'lie had anything. to 'say why sentence ? of- death should . not be passed upon him, the prisoner made no answer. His Honor: "Prisoner at the bar, the jury ,have found you guilty of the crime of murder, with a strong recommendation, to mercy. that recommendation I entirely agree. I shall see that it is sent to the, proper authorities. In the meantime (assuming the* black cap) I order that you be taken to the place of execution and (there to bo hanged by the neck till you are dead." Cash turned round in a dazed kind of way, and assisted by the warders walked slowly down the stairs. His sobs could be heard in the Court for some minutes a-flter he had passed out of sight. !