John Kewish - Trials

Trials

Kewish was tried twice before a jury. At his first trial his only defence was that he had not committed the crime. After 14 hours of deliberation the jury was unable to reach a verdict. A new trial was ordered when the jury foreman became ill and deliberations were unable to continue. There is evidence that a majority of this first jury believed Kewish to be either innocent of the crime, or so simple minded as to not be responsible for the act. (According to one of the jurors, seven of the twelve believed he was not guilty.) At Kewish's second trial his advocates added the additional plea of not guilty by reason of insanity submitting that either he had not committed the crime or if he had, his mental disability freed him of responsibility. Insanity was later supported by an examining physician’s statement that Kewish's mind was unable to comprehend the moral “turpitude” of such a criminal act. After an hour's deliberation the jury convicted him of patricide. The presiding deemster, William Drinkwater, sentenced Kewish to the mandatory punishment of death by hanging.