WELLINGTON SUPREME COURT.

Auckland Star, Volume XXVI, Issue 190, 10 August 1895, Page 5

WELLINGTON SUPREME COURT.

THE MASTERTON TRAGEDY. '

THE DEFENCE.

(BY TELEGRAPH.—PRESS ASSOCIATION. J ''""'-'' :* Wellington, Friday. At the Supreme Court, Draper, for breaking and entering, was released on probation in his own recognisances. The charge against Somerville for the murder of Herbert; ab Masberbon, on June 6bh, is proceeding, and is likely bo occupy bwodays. Mr Jeilicoe defends the prisoner, who did not plead when charged. Ib was only when Mr Jeilicoe asked the Chief Justice to accept a plea of nob guilty and bhe latter stating thab he must hove the accused's own plea, that Somerville, in reply to the gaol warder, said in an undertone "not guilty." The evidence for the prosecution was similar to the details of the tragedy already published. The cross - examination was directed principally to eliciting whether bhe prisoner was drunk or sober, and some of bhe evidence was to the effecb that Somerville showed signs of drink. For bhe defence, Mr Jeilicoe argued bhat if drunkenness caused him to form the intention" of murdering Herbert, tho prisoner could only be found guilty of manslaughter. They had bo consider whether bheCrownhad proved ppsitive i intention to murder. Counsel'then v?edfrVt_to'iirgue bhab SohlertfiUd' was really nob responsible for his action and had committeed the crime in a fib of temporary insanity. He laid greab stress on the facb bhab bhe prisoner had never been lefb alone since the arrest, bub always had a warder tvith him. He concluded by inbimating bhab he should call a number of wibnesses, including medical evidence, to prove whab he had advanced. Two witnesses named McCausland, residents of Canterbury, who had been ab school with Somerville, deposed that he was known as " Tho Idiot," and was of a very vicious temper. Their evidence generally was thab he was of weak intellect. Garvey (gaoler) said Somerville was under sbricb supervision nighb and day because he noticed something aboub the man that he bhoughb justified him in adopting this extreme course. He had not observed any attempt on the part of the accused to feign insanity, bub the accused had a strange manner. He had nob shown any violence or misconduct. The prisoner when first in gaol paused before answering questions, looked aboub him and stared. The accused was placed under supervision because wibness feared he would attempt his own life. The Chief Justice said this evidence showed the man was in his right mind. If a person realises his position thab shows he is not insane. Mr Jeilicoe said ho could quote authorises to show thab bhe suicidal propensity was a symptom of insanity. The Chief Justice : Suicidal propensity for a reason is nob suicidal propensity without cause. Mr Jeilicoe: I can satisfy Your Honor bhat the authorities are all tho other way. His Honor thought ib no use discussing tbe question now. Mary Farland, of Palmerston North, gave evidence as to the queer manner of the accused, and the drunken habits of his parents. His elder brother was an idiot. ' Somerville was very reserved, and had a i delusion that people did nob care for him. Other members of the family were nob altogether rigbb in bhe mind. Wellington, bhis day. The trial of Somerville on the charge of murder still occupies the Supreme Court;. It is not likely to finish for some hours. The evidence called to-day was to much the same effect as yesterday as to the peculiarity of tbe accused.