Verdict of insanity
The trial of Ellen Hart, charged with the murder of her three children, was continued at the Supreme Court yesterday.
After further reviewing the evidence his Honor said that it seemed reasonably clear that the woman was suffering from mental disease and that she was far below normal. The question was whether
she was so far normal as to make her criminally responsible. Throughout the whole of her period under observation she had seemed to have no anxiety so far as her own position was concerned and
her grief was of the most transient kind. So far as the law regarding “uncontrollable impulse” was concerned that was not an excuse unless there existed a condition laid down under section 43 of
the Crimes Act. Unless the impulse could be brought under the terms of the Act a person convicted of killing must be convicted of murder. The jury had to ask themselves whether the accused knew
the nature and quality of the act, and that she knew that what she was doing was wrong.
If they were satisfied that the defence of insanity was established he wanted to ask them the following:
1. Was the accused insane at the time she killed her children?
2. If she were insane, is she acquitted of the charge on account of insanity?
The jury retired at a quarter to one and returned 10 minutes later, and the foreman handed up their answers to the questions.
His Honor to the jury: "You find her not guilty, on account of insanity. You answer both questions ‘yes’. The prisoner is discharged."
Mr Adams asked if his Honor would make an order of committal.
His Honor: "Yes, she should be committed. She is to be kept in strict custody in the mental hospital at Seacliff until the pleasure of the Minister of Justice is known."
Healthy interest ...
During the course of yesterday's proceedings of the Sanitary Inspectors’ Conference, which is at present sitting in Dunedin, an inquiry was made of the president as to the probable time of the
conclusion of the conference. On the president stating that with luck all the business should be finished by 5 o’clock this afternoon, the sportsman retorted, “I might remind you, Mr President, that
some of us may be interested in seeing the Dunedin Cup race and thought perhaps that the conference might not sit in the afternoon.”
The president, however, was adamant and ruled as a particularly interesting address was to be given, proceedings would have to go on.
... in Dunedin Cup race
Horse-racing is an institution for which respect may be claimed by reason of its age even if there were not other grounds for the recommendation of it. The day on which the Dunedin Cup, the principal
event in racing in Otago, is to be decided is one that is of great interest and importance to a large number of people. The expectation may be entertained that the Dunedin Cup meeting will result
as satisfactorily to the sporting authorities as was the experience in connection with the other racing meetings, at Wingatui and at Forbury Park alike, that have been held during the carnival period
in this city. — editorial — ODT, 11.2.1926
