PAGET'S CONVICTION.

Feilding Star, Volume I, Issue 274, 24 May 1907, Page 4

PAGET'S CONVICTION.

[PBB PEBB6 ASSOCIATION.] Wellington. May 24. The Crown called further medical evidence to rebut the testimony of expert witnesses called by the defence as to accused's state of mind. Dr. James deposed that he had examined prisoner and found nothing that suggested brain disease or mental decay. Witness questioned Paget very closely regarding his family history and the latter said that so far as he knew none of his (accused's) relatives suffered from epilepsy. Witness also tested his memory in regard to the shooting and he said he remembered events that had occurred on the previous day, also events that had occurred the previous morning; he said he had confused recollection of walking through the hall at Mrs Axup's on the morning of the tragedy. He told witness he bought a revolver because he was going away the next day to Australia, and also said in answer to another question that he had spent the greter part of the night before the tragedy in walking about the streets and his last clear recollection was of wishing Mrs Axup good, morning. He had a hazy recollection of walking across the hall and then all was dark. Counsel for accused urged that Paget's irresponsibility for his acj tions had been established by the evidence of medical witnesses and the information given with regard to his habits and family history. He was undoubtedly an epileptic. He put it to the jury that it \ras reasonable to suppose that Pearl Axup met her death while trying to prevent Paget shooting himself. He suggested that accused when the girl was speaking to him in the room took out his revolver to kill himself with. Seeing this the girl closed with him and gripped his wrist. He fired once as she pulled his wrist and the bullet was in the floor. He tried again raising his hand and the next bullet was in the wall. Then the revolver was poised again and the girl with her head turned to one side to avoid the concussions and struggling too hard to be able to cry for help, received the third bullet which accused meant for himself, and she dropped dead, just as accused fell in the paroxym of his epilepsy. The Crown Prosecutor said the strongest features of epilepsy were that any acts of violence committed during unconsciousness or sub-con-sciousness were known nothing of when the epileptic returned to consciousness. In this case prisoner remembered all about the purchase of the revolver, what happened that night and what happened next morning when he went to the girl's house. The purchase of the revolver was evidently an act of premeditation of something. He premeditated shooting Pearl Axup and probably himself as well, but when he found what he had done the shock of it brought on a fit which was probably epileptic. His Honor, Mr Justice Cooper, in summing up, said there were only two verdicts that could be given, — either guilty, or not guilty on the ground of insanity. If Paget was acquitted it could only be on the grounds that he was a lunatic. The jury returned to Court after an hour's deliberation with a verdict of guilty, adding that they were of opinion accused was in one of the stages of epilepsy at the time he committed the act, therefore they strongly recommended him to mercy. When asked if he had anything to say why sentence should not be passed, Paget made no reply, but stood staring vacantly about. His Honor said the jury's recommendation to mercy would be forwarded to the proper quarter. Then, as he assumed the black cap, there was a muffled scream from the gallery and the sound of a falling body — a woman had fainted. Sentence of death was passed and prisoner was removed. , m