THE MASTERTON MURDER CASE.

Hawke's Bay Herald, Volume XXX, Issue 10069, 9 August 1895, Page 3

THE MASTERTON MURDER CASE.

Wellington, Thursday.

The charge against Somnrville, tor tho murder of Herbert at Masterton on Juno 16th, Is proceeding, and is likely to occupy two days. Mr Jellicoe defends tbe prisoner, who did not plead when charged, and it was only when Mr Jelllcoe asked the Chief Justice to accept a plea of not gnllty, and tbe latter stating that he must h(\ve the accused's own plea, that Somervllle, in reply to a gaol warder, said iv an undertone "Not Guilty."

Later,

The evidence for the prosecution ia the ohurge ot murder against Somervil'.e wns similar to the details of the bragedy already published. Cross- examination was directed principally to eliciting whether the prisoner was drunk or sober, and some of the evidence was to the effect that Somervllle showed slants of drink. For tho defence Mr Jelllcoe argued that it drunkenness caused the prisoner to form an Intention to ranrder Herbert, the prisoner could only be fonnd guilty of manslaughter. They had to ! consider whether tbe Crown had proved a positive intention to murder Connsel then went on to argue that Somervllle was really not responsible for bis action, and had committed tbe crime in a fit of temporary Insanity. Ho laid great stress on tbe fact that prisoner had never been left) alone slncn arrest, but bad always had a warder with him, and concluded by intimating that he should call a number of witnesses, including medical evidence to prove want he had advanced. Two witnesses named M'Causland, residents of Canterbury, who had been at school with Somorville, deposed that he was known as the Idiot, and was of a very vicious temper. Their evidence generally was that be and other members of the family were of weak intellect. It is understood there ore a dozen more witnesses to call.