THE WELLINGTON MURDER.

New Zealand Herald, Volume XLIV, Issue 13496, 24 May 1907, Page 5

THE WELLINGTON MURDER.

PRISONER FOUND GUILTY.

SENTENCE OF DEATH PASSED. A RECOMMENDATION TO MERCY. [by telegraph^— PRESS ASSOCIATION'.] Wellington, Thursday. At the trial of Paget to-day on the charge of murder th© Crown Prosecutor called further medical evidence to rebut the testi mony of the oxpert witnesses called by th© defence as to the accused's state of mind. Dr. James deposed that he examined the prisoner, and found nothing that suggested brain disease or mental decay. He had questioned (Paget very closely with regard to his family . history, and the latter had said that, so far as he knew, none of his (accused's) relatives had suffered from epilepsy. The witness also tested his memory in regard to the shooting. He said he remembered the events that had occurred tho previous day, and also events > that had oc j curred the previous' morning. He said he had a confused recollection of walking through a hall at Mrs. Axup's on the morning of the tragedy. He told the witness ho bought a revolver because be was , v going away next day to Australia. Bo also said> in answer to another question, that he spent the greater part of the night before the tragedy in walking about the streets. His last clear recollection was cf wishing Mrs. Axup " good morning." He had a hazy recollection of walking across the hall, and then all was dark.

Counsel for the defence urged that Pagefj's irresponsibility for his • actions had been established by the evidence of the medical i* witnesses, and the •; information given with regard-to his habits and - family history. He- was undoubtedly an epileptic. Counsel put it to the jury that it was reasonable to suppose that Pearl . Axup met her death while trying to prevent Paget shooting himself. He suggested that the accused when the girl was speaking' to him in th© room, took out .his revolver to kill himself with; seeing this the girl closed witl~ him and gripped his wrist, and 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 th© concussions and struggling too hard to be able to cry for help, received the . third bullet, which accused meant for himself,. and dropped dead just as accused fell in the paroxysm of his epileps.. Tib© Crown Prosecutor said the strongest features of epilepsy were that any acts of violence committed during unconsciousness or subconsciousness 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 houw. The purchase of the revolver was evidently an act of premeditation of something; ho premeditated shooting Pearl J 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 ground 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 the accused was in one of the stages of epilepsy at the time he committed the deed; there : fore, 'they • strongly recommended him to mercy. \ ,' f ■ • When asked if he had anything to say why sentence should not be passed, Paget mad© -no- reply,, -but stood staring vacantly about., - *■ ' • " '• /' ' ' His Honor said th© 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 lady —a woman had fainted. Sentence of death was passed, and the prisoner was rei moved.