Trial for Murder.

Oamaru Mail, Volume XX, Issue 6330, 10 August 1895, Page 1

Trial for Murder.

(BY TELEGRAPH.) Wellington, August 9.

At the murder trial Garvey, the gaoler, said, that Somerville was under supervision night and day because he noticed something about the man that he thought justified him in adopting this extreme course. He had not observed any attempt on the part _of the accused to feign insanity, butfhe had a strange manner. He had not shown any violence or misconduct. Prisoner when first in gaol paused before answering questions, looked about him, and stared around. He placed him under supervision because he feared he would attempt his own life. The Chief Justice said that this evidence showed that the man was in his right mind. If a person realised his position it showed that he was not insane.

Mr Jellicoe said that he could quote authority to show that suicidal propensity was a symptom of insanity. His Honor thought that there was no use discussing the question just then. Mary Carland, of Palmerston North, gave evidence as to the queer manner of accused and the drunken habits of his parents. His elder brother was an idiot. Somerville was very reserved and had a delusion that people did not care for him. Other members of the family were not altogether right in their mind.

One of the witnesses for the defence said Somerville lost a portion of his hand 'through the bursting of a gun, and had brooded over it a good deal since. Dr Chappie, who had examined the prisoner, considered the circumstances of the crime strongly indicative of insanity at the time the shot was fired. He had found Somer-" ville dull of apprehension, very slow in mental processes, and suspicious in his manner. In cross-examination the witness said it would not be safe in all cases to say absence of motive was proof of insanity. Mr Gully quoted the Criminal Code, and asked whether the prisoner was laboring under natural imbecility or disease of the mind to such an extent as to make him capable of understanding the nature of the act. The witness did not think so, but a consciousness that the act was wrong was not inconsistent with the loss of self control. The Court adjourned at 5 o'cleck. There are still several medical witnesses for the defence, so that probably the case will occupy the most of to-morrow.