Trial for Murder.

Oamaru Mail, Volume XX, Issue 6331, 12 August 1895, Page 4

Trial for Murder.

| BY TWtSGUA Pit. J August 10.

At the trial of Somervitle (or murdsr Dv Pollen declared that accused spoke very slowly, and it took him wms time to comprehend the drift of questions. Hi* memory was defective, and he would remember things which occurred years ago* while forgetting recent events. The witness would say ho was a man of very feeble intellect, and his appearance pointed to congenital imbecility. Considering the general history of the accused, and the whole facts of the ease, he should say it was a record of a typical case of insanity, and he could not reconcile it with th# idea that the prisoner had a complete knowledge of right and wrong at the time of the commission of the act. Cross-examined: He wt assuming that the prisoner had no adequate motive for the act. He had taken into account the statements made by prisoner about the time' of the commission of the act. It did not follow that the paroxvtsm of insanity was. completely over when the prisoner made the statement that he had deliberately shot the man. and would hang Jor it. and that all the solicitors in New Zealand would not save him. Taktng the whole circumstances into consideration he did not think the prisoner was responsible for what he did or said. Dr Teacev staot surgeon, said he had coi eluded the prisoner to he a man of defective mental organisation. A person who. had suffered disappointment or financial loss or was weak from titties* or other cause was liabte to develop hereditary diseases of the mind. The absence of self control whs a marked fearure of impulsive insanity, and a person liable to hereditary disease of the mind was liable to shi>w irritability. Honticidtl and suicidal tendencies were, generally speaking, symptom* of insanity. The witness thought the accused's- infeltect defective. His nn&Mer appeared natural, and he did s.oe appear to be feign tog. Taking into account the prisoner's family history and th* mutt of the examination, he formed th« opinion that the prisoner was not of sound mind. The man's own history up till May last helped materially in confirming that. Or Pease said on the facts proved he thought Sooterville- insane wbea he committfd the act. His opinion wait formed ob the apparent absence of motive. The judge remarked that the prisoner's ctawn agairwtt the- man he shot was so real that he bvd spent all his money in prosecuting it. The witness admitted that Somerville killed Herbert for a reat*o* fancied griavance. The pris©aer r » family history wm that something w»« wtoaf with Iwbi. D* Foofcw,. of the Asylum, was caued a» » tpecaaftaii of mental adence. He contobonted the ether mtdkel evidence

mto the peculiarity of accused. He believed the man to be insane. At six o'clock on Saturday night the Court adjourned till 7. On resuming. Mr Jellicoe addressed the jury, urging that the prisoner was not in a right condition of mind when the act was committed. If the jury believed Dr Fookea, then there was an end to the ewe.

Hi* Honor: Why should they necessarily believe him 1 Mr Jellicoe: Well, the jury if they like may diaUlieve him. That is what it cornea to. The Judge satd to the jury that they could disbelieve I>r Fooke'a opinion. Mr Jellicoe, continuing, urged that the prisoner was laboring under the delusion that his employers and mates were treatins hiro unfairly, and it w»s in consequence of bis infirmity that he was unable to resist the dictates of an insane impulse. The Judge said there was no evidence to justify a verdict of manslaughter. It was cither murder or insanity. At nine o'clock Mr Jellicoe finished his address, and Mr Gully, on behalf of the Crown, followed, contending that be could not conceive the absence of intention for the crime. The murder was a cruel and deliberate one, and the facts adduced proved the conviction of Sommerville before the commission of the act, tr> be soch that he believed the jury could not do otherwise "lhan find a veftdict of guilty. As to the accused's mental condition, the test was whether the man was so deranged a3 to be incapable of knowing what he was doing. As to the man's demeanor in gaol, his stolidity was consistent with the fact that he knew he had no chance of escape, and he had made his mind up for the worst. Mr Gully, in concluding an hour's address, contended that the plea of insanity was erroneous. At 10 o'clock the judge summed up, speaking for an hour, and pointed out that the question the jury had to determine was not whether Sommerville was insane, and not, therefore, responsible for his crime, but whether he was so insane as not to be responsible, and did not understand the nature and quality of the act he was committing. If the jury found that the prisoner did not mean to kill Herbert they must acquit, and they must be satisfied he intended to cause the death or bodily harm likely to lead to death. In fanning their opinions, the medical witnesses had assumed the evidence as to the accused's history, and that he had committed the crime under an uncontrolable impulse. The Chief Justice quoted authorities to show that more than that was necessary to justify a plea of insanity. He most prove that at the time he was not aware of the gravity of the act. After reviewing the evidence, his Honor referred to the fact that the crime committed was in view of a number of spectators, and the prisoner apparently did not recognise the enormity of the offence, aa he must have known that he would be immediately taken into custoiy. If the man was merely in a violent passion the question of insanity fell to the ground ; but if the jury believed him incapable of realising what he was doine they must acquit him on the ground of 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 ground of insanity. The jury were then discharged, and the Chief Justice ordered the prisoner to be kept in strict confinement in Terrace Gaol during the pleasure of the Colonial Secretary. .Notwithstanding the late hour at which the trial was concluded, the Court was crowded, and there was scarcely standing room available on the floor of the Court A targe number of women attended the . Court" during the proceedings, and fully SO (mostly young wrmen) waited until the verdict was delivered.