THE WEATHER TRAGEDY

Gisborne Times, Volume XXVII, Issue 2455, 20 March 1909, Page 5

THE WEATHER TRAGEDY

TRIAL OF Dll. GOODE. (Press Association.) -NEW PLYMOUTH., March 19. The Court resumed at 10 o’clock this morning'. ' \V'yV .■ V. - '/ ' In opening the case for the- defence, Air. Skerrett, K.C., remarked that both his learned friend and himself had found it impossible to deny that the hand that shot Mts. Klenner was the •hand of the prisoner at the- bar., .but this did not end the matter. It was necessary for all crime that there should be a culpable and rvicked intent, a wicked and competent mind. There must be an intent to kill, there must be malice aforethought.' If the act- was due to physical or mental defect, whether the | defect be hereditary, congenital, or acquired; whether it be permanent or temporary, in the eye-of the law* it . absolved the prisoner from responsibility-. It did not foifew becgt-use the prisoner was acquitted ‘c'£ the ■ Crime on the ground of insainity, that he -was sot free, the alternative fee-fore the prisoner was either the gallows '-or detention nityuer conditions that,however humane,, would protect society-. There was a distinction between mere drunkenness and that form of mental dogenerancy froni alcohol that would .prevent the subject from j reasoning whether, his acts were wroilg > or not. -If delirium tremens set up such a aaent'al disturbance that the.prisoner was unable to distinguish tight from wrong, lie was irresponsible-for ins acts. Mr-. uSkerret referred 'to English decisions, where it was held that -madness ‘caused -by delirium tremens \fthe secondary effects of drunkenness) made a prisoner, "irresponsible for his-acts. s i ■ Weston had -suggested that it-a man fennel that --drink ; excited . his -mental focdlifes. it was his duty to abstain from it. Mr.'Skerrett said that-this was a ' counsel -of,perfection addressed to the perfect. -If "drunkenness were dike cause : of -insanity, it was also a-fact _that mI vanity caused drunkenness. -He asked lithe,jury -to consider the case dor themi selves. The first consideration natur- ' ally -that struck the mind;about a case S 01 thisVbiad was to examine. Hie nature !■ -and : circumstances of the itse.f. li ; L ; there was to bo found mOhe crime no t adequate motive ,if there was no • at- : j 'tempt--to hide the crime; or to disguise ; the man’s connection with the cume*., • did. nofethe question occur to one, wliet-j her the man was sane, whether he wa&f•responsible for it? was one •; which -pointed directly -to- the irrespon- ; sibilitv and insanity-of Hie unfortunate.man who did it. Mr. cut.that the accused went to the house, when ire must have been ai\ are from is knowledge of the household arrange.mefes. that the little .girl was at home .e must have heard Mrs. Klennei tell the child to go and play. Yet as soon -as.the unfortunate woman returned to tlip-room he made suggestions to her, tr.ll when refused, without any pause, two shots into her. There was reason in the world to suggest that too, had been any 'famihanty between Ho accused and the deceased, to sugges. . any tisingeto the confer would, be dour a great wrong to the woman, whouwas a ®ood wife, and a chaste woman V\ as the deed one of a young, hot, inflame: man, or was it the deed of a maniac tortured by homicidial impulse. The prisoner was an old man, 61 years,, fai beyond that the time ot life "hen Th* nassibns were uncontrolled. All. oker S then reviewed the circumstances -that. immediately followed the Immediately after shorn nig .Aim J ve m ner vtbe prisoner threw down the clmir ol m<Sx she was. sitting, leaned ovei •her,'.and said, “Arey.ou dead.- Could ; there be Testimony more emphatic that; these acts .were-, the. .acts, of an ms-no.antf j : "irrational .man? Accused went.out mt ■ the house into.the surgery, and did not, ! l eyen lock the door. There was -no., Tiemning -or pretence .about the man. When; Cogitable; Price, entered .the room , i-he kept-the revolver with which he had -committed The deed, and iuadeno^avteropt to conceal it between the -hauls,, of : .4 and .5 pmu The jury could not help but notice that accused was treated by ; a Ti as a wild beast, as a man bereft ot all reason. When he was approach'll r« was with a well-ordered plan or com- : naiirn. When he was arrested he was : treated a« a maniac. Mr. Skerrett-then ; detailed the-circumstances following the. capture to show that they were only consistent with insanity, lhe P ns P" el had lost all remembrance, all consciousness of the terrible act. The suggestion had been made that all tins was cunning and feigned. Was there- any evidence to show this:? Was there a witness tor the Crown that could put his finger on a solitary circumstance -to show this? There were two other circumstances counsel wished to point out. First, there was the fact- that twice the accused claimed his blood-stained glasses. d this., indicate cunning ? J hie was one of the circumstances that must have connected the prisoner With the tragedy. Then there was the fact that the accuserß lost a tooth.', in the room in rom in which he shot- Mrs. Klener. The accused was the person who first called the medical advisers’ attention to the ; fact. While in hospital and in gaol the accused was under the most complete surveillance. Yet the Crown was unable to produce a solitary instance to show that the accused was feigning or conscious of what he- had done. Ilis conduct on the whole was inexplicable unless on the assumption that the man was hopelessly mad, quite incapable of judging hi« acts. Walter Frederick Jenkins, Mayor of. Waitara, stated that he had known Dr. Goode ldr twelve years, and knew him intimately. Accused was a morose sort of man, very reserved when sober. He had very few friends, and used to think pcpole who did not agree with him weiu enemies. Latterly this idea had increased. Ho had mentioned people who, he thought, had tried injure him professionally, and had told witness he was. being watched by Mr. Fraser, storekeeper,Vat Waitara. He had-asked witness to be allowed to put up a hoarding around the vacant section in front of witness’ auction mart to prevent Mr. Fraser from looking on, his verandah-. Dr, -Goode went “on the' spree” sometimes, He did not think continually, but in -bouts. The delusions of persecution -increased during the linking bout's. He had attended witness’ family professionally, and. was, nice and sympathetic man'. - ;; To Air, AVeston-; On accu'sed said to witness, “Do-yon'ke'eyfhat fellow watching; me ?” when:.there, was ho. one .else about: . V ;V ■ : To Air. Skerrett: Dr. Goode seemed to think every second man was trying to do him injury. AVhen witnessTsaid there was no one there on the occasion on which he complained that .someone was watching him,:-he said to witness, ‘ -V m ’re ' just like- lie rent/’ _ : , : . An acquaintance, of accused, Herman M. -Lund, -commission agent, AYaitata, said that ,-Dr.. Goode had' occasional drinking bouts...,-AVhen sober . the. accused- was unsociable ;aiid morose. rii drink lie was somewhat- boisterous, . He: had many people

around him, of their trying to injure him, especially profession ally. George Herbert Stubbs, Waitara, had known accused about ten years. DrGoode was not a temperate man.VVitness w<is not very fri ©nelly with him. I was impossible to be so, because accused had very bitter feelings towards men whom witness looked upon as friends. Cecil M. Townsend, solicitor, taro, had known Dr. Gobclo ior three years. Accused was very morose, and dissatisfied with his non-success. He blamed people for Ins non success,- and thought they were persecuting him. duess was y socrefary of the Forester*’ Lodge at Waitara. About 12 months aero Dr. Cl a ridge came to Waitaia. A number of members of the lodge were disappointed with Dr. Goode, and wanted an additional doctor. Dr. Claud go was appointed, giving members the choice of both seemed to iliink witness had joined what lie termed “the ring” against him.; Accused closed his account with witiiess after telling- witness' that he thought lie (wit- - ness) 'was going over to the enemy. ; Accused also said there-was some trouble in store for witness that he could have saved him, but would not do so, as he , was going over to Ins enemies. Dr. Goode also said frequently that the section of the Foresters opposed to him ■employed spies to watch him. To Mr Skevfett : Witness had come To the*conclusion that Dr. Gopde’s complaints about people were purely imagination. ” . . , „ Other evidence was given, and at ■o.-io p.m. the Court- adjourned to 10 -a.m. ' next daw. -