PRISONER COLLAPSES IN COURT.

Auckland Star, Volume XXXIX, Issue 66, 17 March 1908, Page 5

PRISONER COLLAPSES IN COURT.

d The trial of Smith, Bloomer, and Pot-1 i. ter, charged with the murder of Wm.: I Jolm Clinton, at Day Dawn on January s 5, was continued at the Criminal Ses- s sions, Geraldton. When the Attorney- fi General was reading the statement made ii by the accused Bloomer, Smith startled a everyone in Court by giving vent to a b wild cry, and clutching in a spasmodic, ii manner at the side of the box. Three' p policemen walked over and stood for a I ii few minutes by Smith, who stared va-! b cantly about the Court. i o Later on, when a solicitor read the' m phrase, "I have settled him," Smith t sprang up from his seat and shouted, c "No." Immediately afterwards he sank ji back in his chair, looking pitifully weak, a The case for the prosecution was con- j .4 eluded. The defending counsel asked t\ that the charge against Potter be with- c drawn, as there was no evidence to in- p criminate him. His Honor decided to j __. let the case go to the jurr. a

The Court sat from 7.30 Thursday night till 12.30 next morning. Mr. Justice M'Millan, summing up, said it was for the jury to say whether Smith was sane or insane. They could not return a verdict of not guilty against Smith, who must leave the Court for the gallows or the lunatic asylum. If Bloomer and Potter were not guilty of murder they were accomplices after the fact, and the question whether Bloomer was in the room at the time of the murder had to be decided by the jury. There was an impressive silence in the Court as the jury filed in with a verdict of guilty against Smith on the major charge, and the others as accessories after the fact. Smith was thereupon sentenced to death. Potter and Bloomer, whom the jury recommended to mercy, because they had been under the influence of Smith, were sent to prison for six months. Smith, on hearing the verdict, articulated, "I am innocent." When the sentence of death was passed Smith collapsed, and was carried from the Court insensible.