THE MASTERTON MURDER

Thames Advertiser, Volume XXVII, Issue 8199, 12 August 1895, Page 3

THE MASTERTON MURDER

• VERDICT OF "NOT GUILTY" 0! THE GROUNDS OP INSANITY. (Per Press Association.) Wellington, August 10. At the trial of Somei ville for murderD Pollen declared the accusid spoke ver; slowly, and it took him some time t comprehend the drift of the question* His memory was defective, and he wouli remember things ffhich occurred vonr a (t o while forgetting recent events. Wit ness would say he was a man of ver; feeble intellect, and his appearanc pointed to congenital imbecility. Con sidering the general history of th accused and the wholo facts of the cas he should say it was the record of i typical ease of insanity, and he conlt not reconcile with it the id?a that tin prisoner had complete knowledge o right or wrong at the time of the com mission of the net. Cross-examined : He. was assumiiu that the prisoner had no adequate reasor for the act. He had taken into ncconni the statements by tho prisonor about thi time of the commission of tho act. Il did not follow that tho paroxysm of in sanity Was completely over when tin prisoner made a statement that he deliberately shot the man and would hang for it, and that all the solicitors in Now Zealand would not save him. Taking the whole circumstances into consideration he did not think the prisoner was responsible for what he did or said. Dr. Teare, gaol surgeon, said he had - concluded that the prisoner was a man of defective mental organism, A person who had 'suffered disappointment or financial loss or was weak front*illness pr other cause was likely to develop hereditary disease of mind, Abseuce of selfcontrol was a marked feature of impulsive insanity, and a person liable to hereditary disease of mind was liable to show irritability. Homicidal and suicidal tendencies were _ generally speaking symptoms .of insanity. Witness thought accused's intellect defective. His'manner appeared natural, and he did not be feigning. Takingunto occouut prisoner's family history, and as a result_ of the examination, he formed the opinion that the prisoner was not of "sound mind. The man's own history up till May last helped materially in confirming that opinion. , Later. Dr Teara said that on tho facts proved he thought Sommerville was insane when he committed the act This opinion he formed on the apparent absence of motive. The Judge remarked that the business claim against the man he shot was so real that he had spent all his money in prosecuting it. The witness admitted that Some'rville killed' Herbert for a real or a faucied grievance. Tho prisoner's family history was that something was wrong with him. Dr Fookes, of the Asylum,'was called as a specialist of mental science, and corroborate;} the other medical evidence as to the peculiarity; of Ho believed the man to be insane. „ At six o'clock on Saturday the case for the defence was concluded and the Court adjourned 3 till seven. On resuming Mr Jellicoe addressed the jury, urgingthat the prisoner was not in a right condition of miild when the act.was committed. If the jury believed Dr Fookes then there was an end to the case.

Bis Honor: Why should thoy necessarily believe him ? Mr Jellicoe: Wall, the jury if they like may .disbelieve him. That is what it cornea to,

The Judge said the jury could disbelieve Dr Fookc's opinion if they liked; On Mr Jellioos continuing he urged that the prisoner wbb labouring under the idea that his employers and mates were treating him unfairly. He was in his infirmity unable to.resist ths dictates of an insane impulse. The Judge said there was no evidence to justify a verdict of manslaughter. It was either murder or insanity, At nine o'clock Mr .Tellicoe finished the address, arid Mr Gully, on behalf of the Grown, followed, contending that ho could not conceive any absonco of intention for the crime, as' the murder was a cruel and deliberate one, and the facts adduced proved the action of Somer* ville .before .the the act as such that ho believed the jury could not do otherwise than find a verdict of guilty. As to accused's mental condition the test was whether a man was so deranged as to be incapable of knowing what he was doing. As to the man's demeanour in gaol, his stolidity was consistent with the fact that he knew ho had no chance of eseape, and he had made up his mind for the worst. Mr Gully, in concluding an hour's address, contended the plead of insanity was erroneous.

At 10 o'clock the Judge summed up, .peaking for' one hour, and pointed out hat the question the jury had to deermine was not whether Somerville was insane, and not therefore responsible for liis crime, but whether ho was so insane is not to be responsible and not under, stand the nature and penalty of the act he was committing. If the jury found that the prisoner did not mean to kill Herbert; they must acquit.. To convict they must be satisfied that he intended to cause death, or bodily harm likely to lead to death, In forming their opinions the medical witnesses had assumed evidence as to the accused's history lino, and that he had committed the crime under an uncontrollable impulse. The Chief Justice quoted authorities to show that more thon I hat was necessary to justify a criminal }u his plea of insanity. He must prove at the time lie was not aware of the gravity of the [act. After renewing the evidence. His Honor referred to the fact that the crime was committed in view of a number of spectators, and the prisoner apparently did not recognise the enormity of the offence, as he must have known he wonld be immediately I a'<en'nfco custody. Jf the' man was merely in a violent pasBion, the question of insanity fell lo the ground, but if the jury believed him incapable of realising what he wus doing, they must acquit him on the ground of insanity. The jury retired at 11 o'clock, and after an hour aud a half's deliberation returned a verdict of "not guilty, on the ground of insanity.'' The jury vvere then discharged. The Chief Justice ordered the prisoner to be kept in strict confinement in the Terrace Gaol during the pleasure of the Colonial Secretary, Notwithstanding the late hour at which the trial concluded the court was crowded; aud there was scarcely standing room on the floor of the Jourt, A forge number of wpraw ft fc.

tnudtd the court. dui'iiiK Uioproccedinrs and fully twenty, mostly young women waited until the verdict was delivered.