The Masterton Murder

Southland Times, Issue 13284, 10 August 1895, Page 2

The Masterton Murder

(By

Telegraph.)

Wellington, Aug. 8. At the Supreme Court the trial of Sommerville for the murder of Herbert at Masterton on 6th June was commenced to-day. Mr Jellicoo defends prisoner, who did not plead when charged, and it was only on the Chief Justice stating that he must have accused’s own plea, that Summerville, in reply to the gaol warder, said in an undertone, “ Not Guilty.” Cross-examination was directed principally to eliciting whether the prisoner was drunk or sober, and some of the evidence was to the effect that Sommervillo showed signs of drink. For the defence Mr Jellieoe argued that if drunkenness caused him to form the intention to murder Herbert the prisoner could only be found guilty of manslaughter. They had to consider whether the Crown had proved positive intent to murdet, Counsel then went on to argue that Sommerville was really not responsible for his action and had committed it in a fib of temporary insanity. He laid great stress on the fact Vliat prisoner had never been left alone since his arrest, but had always had awarder with him and concluded by intimating that he should call a number of witnesses, including medical nfen, to prove what he had stated. Two witnesses named McCausland, from Canterbury, who had been to school with Sommerville deposed that he was known as “the idiot” and was of very vicious temper then. The evidence generally was that he and other members of the family were of weak intellect. Aug. 9.

Mr Garvey, gaoler, said that Sommerville was under direct supervision night and day because he noticed something about the man that he thought justified him in adopting this extreme course. He bad not observed any attempt on the part of the accused to feign insanity, but he had a strange manner. He had not shown any violence or misconduct. The prisoner, when first in gaol, paused before answering questions, and looked about him and stared. Accused was placed under supervision because witness feared ho would attempt his own life. The Chief Justice said this evidence showed the man to be in his right mind. If a person realised his position it showed he was not insane.

Mr Jellieoe said he would quote an authority to show that suicidal propensity was a symptom of insanity. The Chief Justice: Suicidal propensity for a reason is not so. Suicidal propensity without cause was.

Mr Jellieoe: I can satisfy your Honour that the authorities are all the other way. His Honour said he thought it was no use discussing that question now. Mary Carland, of Palmerston North, gave evidence as to the queer manner of the accused and the drunken habits of his parents. His elder brother was an idiot. Sommei* ville 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 minds.

One of the witnesses said Sommerville lost a portion of a hand through the bursting of a gun and had brooded over it a good deal.

Dr Chappel, 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 Sommerville dull of apprehension, very slow in mental processes, and suspicious in his manner. In cross-examination the doctor said it would not be safe in all cases to say that absence of motive was proof of insanity. —Mr Gully quoted the Criminal Code, and asked whether the prisoner was labouring under natural imbecility or disease of the mind to such an extent as to make him incapable of understanding the nature of his act. Witness did not think so, but consciousness that an act was wrong was not inconsisti nt with loss of self-control.

The court then adjourned. There are still several medical witnesses for the defence, and probably the ■ case will occupy most of to-morrow.