A Murder Trial.

Star (Christchurch), Issue 5334, 12 August 1895, Page 2

A Murder Trial.

THE SOMEBVILLE CASE. VERDICT OF NOT GUILTY. [PSB PBKSS ABBOOIATION.] WELLINGTON, August 11. At the trial of Somerville for murder, Dr Pollen declared that accused Bpoke very slowly, and it took him some time to comprehend the drift of a question. Hia memory was defective, and he would remember things whiuh ocourred years ago while forgetting recent events. Witness would Bay that he was a man of vary feeble intellect, and his appeaxancs painted to congenital imbecility. Considering the i general history of the accused and the whole facts of the case, he should say that it was a record of a typical case of inB&nity, and he could not reconcile with ifi the idea that the prisoner had complete knowledge of right or wrong at the time of the commission of the aot. Crossexamined : He was assuming that the prisoner had no adequate motive for the act. He had taken into account the statements mado by the prisoner about the time of the commissioner of the aot. It did not follow that the paroxysm of insanity was completely over when the prisoner made the statement that he had deliberately shot the man and would hang for it, and that all the solicitors in New Zealand would notaave him. Taking the whole of the circumstances into consideration, he di<* not think that the prisoner was responaib* for what he did or said. Dr Teare, gaol surgeon, Baid that he^ad conclnded that the prisoner was e m *B of defective mental organisation A person who had Buffered dieappo^tment or financial loan, or was weak fron illness or other cause, was liable t' develop hereditary dißeaee of the mind Absence of self-control web a marled feature of impulsive insanity, an* a person liable to hereditary disease o-' the mind waa liable to show irritability Homicidal and suicidal tendencies were, generally speaking, symptoms of iisanity. Witness thought the accused's .ntelleot was defective. His manner appeared natural, and he did not seem to to feigning. Taking into aocount the pneoner'a family history . and the result of tie examination, he had formed the opinion tha*; the prisoner waa not of sound mind. The man's own history up till Ma/ * aßt helped materially in confirming thao. On the facts proved he thought that Somerville was insane when he committed the aot. Hie opinion VM formed on the appnrent absence of motive* The Judge remarked that the prisoner** claim agaimt the man he shot was so real that be had Bpent all his money in prosecuting it. Witness admitted that Somerville killed Herbert for a real or fanoied grievance* Prisoner's family history showed that aomeibin? was wrong with hiai, Dr Fooke, of the Asylum, called as a gpvsialiat of mental scienoe, corroborated the other medical evidence as to the peculiarity of accused. He believed the nun to be insane. At six o'clock on Saturday night the caße foi the defence conoluded and the court adjourned till seven. On resuming, Mr Jelliooe addressed the jury, urging that the prisoner was not in a right condition of mind when the aot wan committed. If the jury believed Dr Fooks, then there was an end to the oase. His Honor: Why should they neoessarily believe him? Mr Jelliooe : Well, the jury, if they like* may disbelieve him. That is what it cornea to. The Judge said that the jury could disbelieve that Dr Fooka's opinion was the right one. Mr Jelliooe, continuing, urged that the prisoner was labouring under a delusion that his employers and mates were treating him unfairly, and was, in consequence of his infirmity, unable to resist the dictates of an insane impulse. The Judge said that there was no evidence to justify the verdict of manslaughter. It was either murder or in* sanity. At nine o'clock Mr Jelliooe finished hfo address, and Mr Gully, on behalf of the Crown, followed, contending that he could not conceive the absence of intention to commit the crime. The murder was a cruel and deliberate one, and the facts adduced proved that the action of Somerville before the commission of the act was such that he believed the jury could not do otherwise than find a verdict of guilty. As to the accused's mental condition, the test wbb whether the man was so deranged as to be incapable of knowing what he was doing. As to the man'B demeanour in gaol, hia stolidity was consistent with the faot that he knew he had no chance of escape and had made uphis mind for the worst. Mr Gully, in concluding an hour's address, contended that the plea of insanity was erroneous. At ten o'clock the Judge summed up, speaking for an hour, and pointed out that the question the jury had to determine was not merely whether Somerville was insane, but whether he was so insane as not to be responsible and not understand the nature and quality of the aob he was committing. If the jury found that the prisoner did not mean to kill Herbert they must acquit, and 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 accused's history, and that he had committed the crime under an uncontrollable impulse. The Chief Justice quoted authorities to Bhow that it was necessary to justify a criminal in a plea of insanity that he must Drove that at the time he was not aware of the quality of the aot* After reviewing 1 the evidence, his Honor referred to the fact that the crime had been committed 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 token into custody. 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 doing they must acquit him on the ground of insanity. The jury retired at eleven 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 waa then discharged, and 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, and scarcely standing room waß available on the floor of the Court. A large number of women attended the Court during the proceedings, and fully twenty, mostly young women, waited until the verdict was delivered.