THE MASTERTON MURDER.

Hawke's Bay Herald, Volume XXX, Issue 10071, 12 August 1895, Page 3

THE MASTERTON MURDER.

Wellington, Saturday, At the trial of Somervllle for murder

to day Dr. Pollen declared that accused spoke very Blowly, and it took him some

time to comprehend the drift of a question. Hia memory was defective, and he would remember things wliioli occntrod years ago while forgetting recent events. Witness would aay that he was a man of very feeble intellect, and his nppearance pointed to congenital Imbecility. Considering the general history of accused and the whole facts of

the cace he should say ib whs Ihe record of a typical case of Insanity, find he could nob reconcile with id the idea that the prisoner had a complete knowledge of right or wrong at the time of committing the act. Cross-examined : Ho was assuming that the prisoner had no adequate motive for the act. He hud taken into account the abatements made by the prisoner at Ibe time of commission of the net, but

it did no^ follow that the paroxysm of insanity was completely over when the prisoner made tbe statement that he had deliberately shot the man and would hang for it, end that all the solicitors in New Zenland would not save him. Taking all the circumstances into consideration he

)id not think the prisoner was responsible for what he did or said.

Dr.Teore, gaol surgeon, said he had concluded the prisoner to be a man of detective uieutal organism. A person who had B'iQored disappointment or fiuanclnl loss or was weak from illness or other cause was linb'e todevelop hereditary disease of mind. Absence of i=elf-coutrol was n marked featnre of impulsive insanity and a person liable to hereditary dheaso of mind was liable to show irritability. Homicidal and suicidal tendencies were, generally speaking, symptoms of insanity. Witness thought accuseu's intelltct to be defective. His manner appeared natural and he did cot eeem to be feigning. Taking into account) prisoner's family and the result of examination he formed the opinion that prit-oner was not of sound mind. The man's own history up to May list helped materially in confirming thab opinion. Sunday, Dr, Teare, continuing bis evidence yesterday, said on the facts proved he thought Somerville insane when he committed the act. This opinion was founded on the apparent abence of motive. The Judge remarked that the business claim against the man he shot was so real that he had spent all his money in prosecuting it. Witness admitted that Somerville killed Herbert for a real or fancied gtlev ance. Prisoner's family history went to show that something was wroDg with him. Dr. Fookes, of bhe lunatic asylum, called as a specialist of meutal science, corroborated the other medical evidence as to the peculiarity of accused. He believed the nvm to be insane. At 6 o'clock the case for the defence concluded, and the Court adjourned till 7. On resuming Mr Jelllcoe addressed the jury, urging that the prisoner was not iv a right condition of mind when the act was committed If the jury believed Dr. Fookea there was tin end to the case. His Honor : " Why should they necessarily believe him ?" Mr Jellicoe : " Well, the jury if they like may disbelieve him." The Judge said tho jury could disbelieve Dr. Fookes' opinion to be right. Mr Jellicoe, continuing, urged that tUe prisoner was laboring under a delusion that bis employpr a&d mates had been treating him uifiirly. and wbs in his infirmity unable to resist the dictates of insane Impulse. The Jndge said there was no evidence to justify a verdict of manslaughter. It was either marder or insanity. At 9 o'clock Mr Jelllcofi finished his address, and Mr Gnlly, on behalf of the Crown, followed, contending that he could not conceive an absence of intention for the crime. The murder was a cruel and ti deliberate one, and the facts adduced proved the action of Somerville before its commission, such that he believed the i lry conld not do otherwise than find a verdict of euUty. As to acensed'a mental condition tbe test was whether thn man was so deraDged as to be ltc»pab'e of knowing what he was doing. Ao to the man's demeanor in gaol, bis stolidity was consistent) with tbe fact thab he knew he had no chance of etcspe on 1 had made np his mind for the worst. Mr Gnlly, in conclndlnp; an bout's addie?s, contended that) the plea of insaricy wes erroneous. At 10 o'clock the Judge summed up. speaking for an hour, and pointed out that the question the jnry had to determine W:»9 not whether Somerville was insane at ; d not therefore responsiblefor his crime, but whether so insane as not to be responsible and not understand the nature and penalty of the not he was committinp. If tbe jury found that the prisoner did cot mean to kill Herbert they must acquit him, and most be satis Bed If going to convict that he intended to cause death or bodily harm likely to lead to death ? fn forming tbelr opinions the medical witnesses had assumed tbe evidence as to accused's history true, and tnab he had committed the crime under an uncontrollable impulse. The Chief Justice then quoted authorities to show it wa» more than necessary to justify a criminal by the plea of insanity, but be must prove at the time that be was nob aware of the quility oi the acb. Atter reviewing tho evidence his Honor referred to tbe fact that

the crime wos committed in view of a number of spectators, mid the prisoner apparently did not recognise the enormity of his pffencß, as he moat have known he woa'd be immediately taken into custody. It the man was merely' In a violent piseion the question of inasDlty fell to the ground, bat If the jury believed him to be JDCi>pnble of realising what he wbb doing tbey must acquit him on the grouDd nl insanity, The jury retired at 11 o'clock, and after an hour and a- half's deliberation, returned with a verdict of " not guilty " on the grounds of insanity. The jay were then discharged, and the Chief Justice ordered that the prisoner be kept in strict confinement in the Terrace , gaol during the pleasure of tiio Colonial Secretary. Notwithstanding the late hour at which the trial concluded the Court) was crowded and scarcely standing loom was available on the Uoor of the Court. A large number of women attended the Coart daring the proceedings, and fully 20, most of them young women, waited until the verdict) was delivered.