THE AXUP MURDER CASE.

Timaru Herald, Volume XC, Issue 13294, 24 May 1907, Page 5

THE AXUP MURDER CASE.

SENTENCED TO DEATH. Per Press Association. WELLINGTON, May 23. Counsel for the accused urged that Paget's irresponsibility-for his actions had been established by the evidence of medical witnesses, and the information given with regard to his habits and family historv. He was undoubtedly an epileptic. Counsel put it to the jury that it was reasonable to suppose that Pearl Axup met her death while trying to prevent Paget shooting himself. He suggested that accused, when the girl was speaking to him in the room, took out his revolver to kill himself with; seeing this the girl closed with him and gripped his wrist; , he fired once as die pulled his wrist and (he bullet was in the floor; he.tried again, raising his hand, and ,the next bullet was in the wall; then the ; revolver was poised again and the girl with her head turned •to one side to avoid the concussions and struggling too hard to be able to cry for * help received the third bullet which accused meant for and dropped dead just as accused fell in the paroxysm oi his epilepsy. The Crown Prosecutor said the strongest features of epilepsy were that any acts-of violence committed during unconsciousness or subconsciousness were known nothing of when the epileptic returned to consciousness.' In this case the prisoner remembered all about the purchase of the revolver, what happened that night,, and what happened next morning when he went to the girl's house. The purchase of the revolver was evidently an act of premeditation of something—he premeditated shooting Pearl Axup and probably himself as well—but when he found what he had done, the shock of it brought on a fit'which was probably epileptic. His Honour, Mr Justice Cooper, in summing up said that there were only two verdicts that could be given—either guilty, or not guiltv on the ground of insanity. If Paget was acquitted, it Could only be on the ground that he was a lunatic. The jury returned to Court after an hours deliberation with a verdict of Guiltv, adding that they were of opinion that 'accused was in one of the stages of epilepsy at the time he committed the dee; and therefore, they strongly recommended him to mercy. When asked if he had anything to sav why sentence should not be passed, Paget made no reply but stood storing vaeantlv about. His Honour said the jury's recommendation to mercy would be forwarded to the proper quarter. Then as His Honour assumed the black cap there was a muffled scream from the gallery and the sound of ■a falliiw bodv— it woman had fainted. Sentence of death was passed and the prisoner was removed.