THE MASTERTON MURDER.

New Zealand Times, Volume LVII, Issue 2584, 9 August 1895, Page 2

THE MASTERTON MURDER.

I’RiAl or* SOMbHYILLU.

THE CASE FOR THE PROSECUTION.

THE DEFENCE,

.I.THo, crortfib'cl. ybbf ,terc^y v ,WCen. the trial o’f Audvpw John Somerville, i for the , murder, of. Arthur Herbert, at Masterton on the 6th June last, was begun. Mr Sully prosecuted on behalf of the Crown. .. ..

The prisoner pleaded not guilty. Ho was.defended.by.Mr Jollioee. , The following were sworn in as a jury : r-Jbhn Ridge (foreman), R. Wity, IV. J. Phillips, J. Prostidgo, F. G. Hind, M, L, Feist, J. Spectman, D. Logan, W. 1 J. Churchill, T, Watson, W. Js’eazer and C. H. Dry don- ~, , .... - Alfred Bradford, gunsmith,..deposed that between l aud 2 o’clock on the day of the murder ..the, 1 accused . purchased; a . sixohanibOred revolver. . The accused had been in ithe shop previously and selected another revolver,which,, he, stated he wanted as he was going to Coolgardie. Cross-examined: Did not notice tlmt the accused was in any, way, excited,,, He did • not appear.to bo deaf- From .the, way, he handled the i revolver, witness should say .. he knew something of its use. Alexander McHutobou,. clerk , to the Akiteo Road Board, deposed ..that oh the day of the murder n case was,hoard pi, the . Magistrate's Court, in which,, the sued, thedeceased. and .the . Board, for. : balance .of .wages?- About .4,,o’clock’ that , aftorrioeiii.. wliHo. witness .was., talking, to. , Herbert, Somerville came up... and ..said* “ Well,.' Herbert;. ..will ... yoa . /hayd ;a drink ,aleng'with liioP” Herbert .said;ha.; Ivotild: The accused then said, “Ton should . ndt go against me.” Herbert replied;,“'l _difi ... not go’ against yoii,”- “db,.,yes; yoii. did/’,.... was Somerville’s to. j which. Herbert •; responded: VDidn’t I. treat*, you like, a, , gentleman ?!’ The accused then said, “Why didn’t you pay. me. my, money i.’J Herbert , paused a little,.and answered tbatithero was .no money on the; job. .Accused then placed his. hand in .his., trousers . .poohet,. pulled out a revolver and .fired fit 1 Herbert,. ■ who was not more than Jf tor -Ift away. : Herbert staggerod.a tew steps, and Somcr. ville than fired a , second shot.; Herbert cried s out, “ Ohj my God,”, and: staggered . across the street.[. iThe accused then firedanother shot, and Herbert fell in the; road.;. •- Cross-examined: Had.known belli men,? well—the accused since IbtKl and Herbert’, since lie was a boy.. Somerville, was a good- . roadman, and so far as . witness knew,-lie had- a kindly disposition. ; iHad never ... heard anything against him, , and ■ho was v hardly the kind of,man ...witness., would ... expect.to commit a murder. i Sqipuiyillo , had told witness, that Herbert’, oned, him .. JEI9 for work ho bad dene for him, but ho v nover expressed any. opinion? us tq,,what he--., thought of Herbert.,: He 'kaew, nothing,,of jy the soundness,,or unsouudness.-of. Senior- fj ville’s claim, Saw'.Somerville .frequently, „ before the ease was.lioardia’nd he could not, ~ say that. he. was. on,,the drink., i It was , witness’ opinion, that.hSoimirvillp ’ .vas j a.., very ; hard man .to convince -A,he - was. * stubborn. Had never, observed Somerville, show (any slowness or dullness in under- , standing. what .was. said to.-liim. 1 ..When,. Somerville.came up' to witness audHorhprt , ho could see that ho .was undep. the. in-p, fluenoe of drink.’- When bo first caino. upho „■ appeared disposed to, he friendly with Herbert.; There was no appearance of any illfeeling between,tliemou.iNeithdr,wo? angry, i They; talked in the usual way.- Somcr,,,. ville’s tone, was one- of. complaint. ~ The shot was fired immediately., alter-Herbert. ,| said there’was ,no money on., the job. ~ Somerville ■ did not. exhibit (bo. slightest, , fear when the police seized him ;; he said , they ineed , not ,-bo/rough, .be , would;;, go, ■■■;■ quietly.' . ~,* i-’ , , Eo-examined,: ,Did hpt nolle,e Spmervjllo de anything peculiar or strange during the two-days before the ease w % as heard. ; Henry ()010, coach proprietor, Masterton, ; deposed that the .accused was in temper ■when he came.out of the Court.,, i; ~r - i? Cross-examined,: i Somerville could drihk a good deal. Ho would /‘.liavo a whisky barrel inside of-him . before you , woulcl,, notice if,” Had not uoticoda, tendency jjo ■ fight or be .destructive, on thp pprt ,pf- rj Somurvillo -yliun lio wus und:3c tho iuiiaoiioo ' of liquor. .Somerville was,;,a. very ; fellow, and the (jvouid;,. think would commit’a.^nw‘der-.;,i,jOid.not r, think Somerville was a little deaf. o HOjwaa a'sociable sort of was easy to.’got pn'iwith-;; |lad npt.hpafd; him speak of Herbert. - , - , William Beard, solicitor,' stated ithat. up ~ appeared for the. deceased,,and the Akiteo - Road Beard in i the,casoi.-broiight against ~ • them by Somerville,- ißy l aiTangemout..t}>o t case was adjourned for; a fortnight after the case for the plaintiff bad-'olosed. t, ; ■ . Dr William ■ Butoment, residing , 'at, 'Masterton, stated ,that» hp;’examined, the body of I Herbert,.'vybile- i lt;waß,lying in. the gutter oh the'6th June. There, was a wound in the chest ,which,w,as sufficient to. cause dpath, ■ , o John!,;Savage, farmer,"residing on the.. East, Coastl ’about 20 miles , from;.Tenm, . stated, that, ho ..was. talkjng, to,. Constables,: Collertoh and Nestor in trout of; thp. Post,, ' Offiofe, when ho heard a shot Credby a man > in front of the CluljHoten ’Tlio’"hian w!io was arrested was the.rai),n # wlip f;i ißfod. The two constables ran laixbS’laiceotion of the Club Hotel. Nestor threw-the-accused down, and the accused said] ■“;Dpn't. be frightened; I am notr/goiiigwtopJOSißt." > Collerton saidj;*" iVou .sooundrebs yon,have ~ shotia man,” to which SoroerviUa. Joplied, ; “He deserved it;.he. robbed ,we;rot-two,-i ■ years’wages." ii'.’-'j,. 1 . i; ■ ' - Cross-examined: Had seen Somerville about the town for e, week biforo, the day of the tragedy.-./.Spmci'v/U'!'was.under,.the ; i influence of driuk..when,ho fiixjd.ftbei shots., i;Did not think Somerville; wasaware of n the, ■ approach.of ; thp oODßtableß.rnHe'seemed to ; take no notice of anything that was,going on. around him.' He, stood with tlio revolver in his hand .looking'at,the man. ho. had .. shot; He showed, no ; regret ppirßiaorsev. Witness thought the mau -firiug -jivas mad oriu the horrors of driuk,rfi - K & 1 .'William Cullen,-commissionagent,Masr ; tortdn, stated that lie saw-the accused; fire at Herbert. *wt>f trv.t ; ;?'Cross-examined:; Had scon>Somerville about the town. two or three, .days before? the shooting took, place, but had net .paid * : any ‘ attention to his demeanour. -From what ho saw;;he should say, tliatshe.was 1 , mot on the drink. ,-:\i w, ot in Alexander Reside, istorekeeparji Masterton, stated that he saw the last two shots fired by Somerville at Herbert.;-; * aitiU be

Constable;}jNestor -gq-vo evidence -as-.to , seeing a man, fire at-another ,outside the:.* Club; Hotel on the 6th Jane-O rtVith'Constable Collerton ho ran up to the spot,- and ";; ; he* threw jdown.-the .man ■. >vhp had .'fired,. -' . Constable Collerton. took the revolver from • him.; ,P(itness .said, .‘Ofa n - £ °9hudrol, you.have shot the man.” Prisoner replied, 'Mb: . wad jvhat the -—— deserved.-I-have worked for him for tworyears.for.nothing, •I,moaAt?ri -to-do it. Leave me up, and I-willgo with-* - you There were- three undis- -;' charged partridges in dho revolver.. • Cross-examined: The raecased, smelt; of.-* -liquor when arrested. He was.calm when' arrested, and.did; not.,exhibit the least ; regret or remorse. , ' Constable Collerton - corroborated the statement of .last witness ns ..to, the shoot--ing. | Ho. considered- Somerville was i per- - 1footly sober! When in the look-up Somor- . ; viUe*said that he would not let any man inthe world have him, - Somerville was-quite calin| Had-always.vfound. the accused.an; unusually, quiet man..; Did-not* think he was revengeful. He - spoke; intelligently ;. - enough about his case. .He appeared.to.be v bothered about the. case. - Had not observed ■- that he was-slow.in understanding, what - was said.to him.. Had .noticed that Some.r-. viile had a habit of walking about with"-y his hands in his packets... -Believed-him to- , be a kind-hearted man, and.not the.kind of v; man who would commit a murder.

" tConstabte Stewaii deposed. the. night of the ocouVrence he 1 fold-Somerville'''' to go to sleep, as - jiisi solicitor would see _ jhim an -thb morning:'' 1 P deliberately shot-the mani-'TWII-bangfor ~ it.;, What-’-will have me 9 ’'Nothing.'‘.All ■ the. solid tore iit Ne w'-Zealand-wfU hot.save; me" -oiqje^ht/d^n- -. :This" | olbße’d i the' case for /the'proaocu/tion.-, .IM&r.&u.t' ./Mr JelliooS; in opening the - case for the,'',;' -defence; r -sflid -.the ;j ary r had' first- -to', con- *;. sider -'whether' r - ther Crown 'quite;' indei - 'peudently WE. anyJ-considerations/.derived "■y 'from'the nature of the act-had shbwnthat the prisoner, had in- his-mind the'horrible. • intention ! bf- murdering fhe 'deceased./j'.lt might bo said' that 1 tub intention left no doubt. If tlie prisoner’s intention was affected by .his drunkcuncssor inebriety they could only find him guilty of manslanghter arid not murder. His Honor was not aware of the auth’o-' rity.; '/"■'■ ' : Mr Jellicoe quoted the charge of-'Mr Justice Stephens in the case of-Dooherty inXB77. r He submitted that the.effect of the prisoner’s drunkeuness upon'his ,'intention'would have to bo considered;*' ’

His Honor said they had always been; told that voluntary -drunkenness, was no; excuse* ho-defence. ' ‘ - After,further argument Mr JeUicoe said; that he would admit- that‘-if thb prisoner/ took the-life of'Herbert by a pistol shot with: intent to do grievous'bodily-harm ' then- The/ was- guilty ;oP murder,- -but ;■ if they/were satisfied that hia- drunkenness - -caused him- to form 'the intent to mufderi - Herbert then he was only guilty-of man- - slaughter. Had the Crown-proved^positiye' - intention on the ’part of : - Somerville fbmurder Herbert. ■ If a man was born With a predisposition to drunkenness, as : sdon-'iis he tasted intoxicants his organisiitioiiW-as: ■aet on fire, a physical confiagwitibn was lit, and in many cases it was only quenched' by another act of intoxication; .The crime bf murder ■ involved - felonious intent, but that had not been established in this case. They would also have to consider whether Somerville wasW'responsible agent: Was he capable bf- appreoiating his crimed -. - -The prisoner-here arose .fitom his-seat in ■

the dock and naidhe diet not wish Mr di>llicoe to say anything as to liis lliaAnity. Mr .lelliCdC, contimiiiig, cohtoAdotl that Soniorvilld was sllupriiig froni sdeh a.for'm of insanity As id drive hiiil ill Spite of fdAsdh Id Soffid ddapefAte Aot -bf hlmlcide, for which iii his rkSrnhU oohditlori its Would llhvo the utmost dread or horror. Ito would show that in this case a spiteful impulse had sprung up in an imbecile mind and driven the individual' to deeds of. Violence. He would endeavour to satisfy f ( h'oni thdt the soeda u pt natural 'imbecility , were laid in- tile. man’s pilijliooi}. Iflhp sane criminal whb murdered h triatt did not do it in the dyeS Of the police. ' That was the act of a hlonomanaio. Prom the moment he Wad sent to the Terraco Gaol he had boon Watched by the warders night And day. 7 Mr Gully t Why? Mr Jellicoe said there could be only one answer. The officers feared that ho would either commit suicide, or they feared he was a person irresponsible fdr his aotiohs. No motive bad ’been 'established tof ilia crime. - In conclusion, nbtxnsel for the ‘fitsfence said bo would call evidence to show that thd’ prisoner was in suoh'a sfcith df mind as not to fee responsible for bis actions.. • <, The tot witness oafibd by Mr •Jellicoe was Thomas McCausland,' fArmer, residing at Malvern, 'Canterbury, who.wentto school with the aecnsod in IrcAarta. lie WaS no relation, of SomotVillo'h. Somerville, ho said, did n'ot get along Well with his lessons. The accused was stupid, and witness used td call hfih an idiot. Ito {accused} did not get along'well with his schoolmates, hotfmiSe he had a'ich a Viciol'is temper. If the least thing WM/dphe to him lie Would throw 1 stones’ ‘6r 'Anything v/lso. Ho neter got beyoAd the. second, standard. Ho was iot Used to keep by'' himself. He did hot take Utiy fn’torOSt in anything, Tho hriittsetPa father Was a very cross-tempered mAh, and Witness Was always frightened of him. Accused’s mother drank heavily, and his eldest brother, who was- deaf and dumb, was a born idiot. This boy used to fire stones, and try to kill witness and other boys if he coaid. The prisoner'Was the companion of his doaf and dumb brother. : There was another brother, Sam, who was similar in disposition to the prisoner. All' the neighbourhood knew that the boys Wore weak-minded. The prisoner was always' a little doaf, and there was 1 always some difficulty In making-him uhdersfcattd, what was said -to ' him. He had Ad inMWOty at alb ■ The prisoner had ’ An" undo (Sarn) oa the father’s side,- who had an idiotic’ son. Another uncle "(William) came to Canterbury; and went out of his mind. "I'lio prisoner Was no good at arithmetic at school. Iheprisoher came to'see" witness when lie came to New Zealand 17 years age, and ho 'was ' just thd Barrie' as when he (Witness) left him at Home. As a boy the prisoner was very suspicious of his mates. Cross-examined ; WitnefiS had hot soon the prisoner for the last 14" years Until, ho «aw him in Court. Ho only;-saw hteVouco when ho called on him at ’ Malvern. All the boys at the school were 1 good at‘their, lessons except the ‘ prisoner; He was not prepared to deny what had been said by the witnesses as to the prisoner being a man of ordinary intelligence ahd good temper. 1 : ' 'Charles MoCahSland, of Courtenay, Canterbury,'etatod that he I 'went''to'A'night school With Somerville in Icbland'.’, Soraerwillo’s 'father'’ Was hdt' a Very intelligent man, and had W'vary quick temper. Witness 'did not carp to’ he ‘in ‘company with him. "'Hehad Sfeoiihiin r t.rbo' l Ah' feak stick to one of his boys (or aothing’at all. The prisoner’s mother Was An 'hahitual drunkard.,: The prisoner Was a stupid-boy, and witness believed he!was stibjeot to delusions that ether boys, wetd always talking about him. Ho used "to throw " stones at the other boys for no reason at all. The prisoner had a passionate temper,, and his brbthor—tho' deaf injure anyone' if fib could take' them aha wares. On one occasion, when 'Coming' from the ■night * school, 1 ' the prisoner had .jumped into & farmer’s cant ‘and : out open A lot of bags.containing oatmeal, which ran •out on’, the road. On another occasion, when b(S hind a'dispute with his brother, bo suddenly ; got. up and Vent ■ outside, and when witness 1 Came out fd him hd was looking up- at 'the. sky. Ho sawno improvement m the 1 prisoner’s 'demeanour When "lie saw him- in Canterbury. 'Hd'.Comd have got him’A! job. there ploughing, but he did not do ‘ 80 '|)ecauao ho'considered Somerville had no flense. The daughter of thd prisoner’s cousin was living in the suburbs of Christchurch, and the last time witness aaw her she was quite silly. ’ The prisoner at school- was called 1 ‘‘a kind of a fool.” He’was ■ rather hard,of 1 hearing. 1 Witness' 1 experience of - him was that ha had no memory, and he put him down as very weak-minded - and ho did not see that he had improved einco ho came: to New Zealand.

Cross-examined : Did not know whosuggested that hojyhould be brought up to give evidence. '■* • ■ Ee-examinod: ,Ho understood when-ho received tho aubpeena that a man named Campbell, living in ’Wellington, whom he knew, was tho cause of it. • ' Tho Court at 6.30 p.m. adjourned until 1C next morning. l, ■'■ ■•■ •(■ ■ • -. • 1 •