AFTER 15 YEARS'

Dominion, Volume 4, Issue 1002, 17 December 1910, Page 5

AFTER 15 YEARS'

detention; .- ■ . t -— A MASTERTON MURIOER. PERPETRATOR ENDS HIS LIFE AT PORIRUA.

The enactment of a sensational murder at Mastcrton in June, 1895, arid also a vigorous controversy which raged at the time on the question of criminal insanity, are recalled by the death ty suicide of Andrew J. Somerville at Porirua Asylum la'st week.

It happened.that a Mr. Herbert, of Herbertville, secured a contract from the Akitio Road Board for road' formation. Part of the work ho sub-let to Somervillo and two mates. As a result disagreement, however, Somervillo lett the job on the understanding that he was to'Teceivo'the sum'of £I<J,"but tms was not to be paid until the completion of tho contract. There was subsequently some dispute as to who should pay Somervillo the money. In the end lie brought an action against the Road Board, which had moneys in hand due upon the contract. When the case had been heard, but not decided,. Somerville made his: way -ii e . M r - A- Bradford, gunsmith, where hp concluded the purchaso of a revolver, which ho had spoken in previously. Somerville had told Bradford that he contemplated leaving for Coolgardie, and wanted something in tho shape of prop ic n 'j , this occasion ho. asked Bradford how to load tho. weapon, and . 0 latter showed him, charging.it with six cartridges. . After the revolver : had neen paid for Somerville was about to take it way when Bradford asked him it ne wanted any more cartridges, but he replied in the negative. An attempt by Bradford to persuade Somerville to withdraw the cartridges was also unsuccessful.

. Du ™g the afternoon (it was stated in evidence) Somerville treated somo of bis friends to liquor with, more than one declared,' undue liberaliU. Qo then went down towards the Club Hotel, where _Herhert and the clerk to the Koatl Board were engaged in conversation on the footpath. Somorville stood m front of them with both hands in his trousors pockets. Asked bv Somer- ■ i ..-J?® w S uld havc a drink," Herbert ?? > ,* es i I. don't mind." There and then, however, Somerville went on to refer to the case. "You should'not go me, * remarked Somerville. Herbert replied that ha had not done t°i'i y ?. s J - you did '" Somerville, but didn t I work for you like ST?? t * Yes ' was tho reply, "and , trcat . you libe a gentleman ?" then why didn't you pay mo rev monoy?. retorted Somorville. In reply Herbert said, "Because there was no money m tho job." Hardly liad Herbert made reply when bomemlle drew from his pocket the reJ? i» r v ll l w remark: "Take Mat discharged one barrel right into tho breast of Herbert. Staggering towards the edgo of tho footpath Herbert at onco threw up his hands. Somerville again exclaiming: "Take that," fired a, second'shot,;. Herbert, then rin "n? JJ 10 ,' mi the street "crying: Oh God! Oh, God." Here Somerville hred-a . third shot i&nd after Herberthad staggered to the side of the road and fallen in the gutter,- ho stood watching him as if to ascertain if lie were really dead. Immediately Constables Coilerton and Nestor appeared and did not hesitate to grapple with the murdci er, who . went quietly to the. police station, followed by . a large crowd of es . c "lpd r . s Herbert Jived, only, a fow immites. . WMii irifomrf'tkat his was dead Somerville, who was ?mr 11 1 find collected, merely said: Well, ho .deserved it."' Somo time later he again asked if "Herbert were dead and on being told that such was, the case, ho burst out crying -and saidtnat he would nofc be robbed bv aii'vman. * " ' v"; ■. • • • • - i

[ The trial of Somerville), which . took place at Wellington in Augrist, '1895, excited widespread interest. Mr. JelliC< i e 'ii 0 a PP? arec ' for tie defence, raised the question as to whether Somerwas at the time capable. of appreciating the nature of his orime. If tho jury were, satisfied that the crimo was committed; when - the. prisoner . was m such a condition—whether drunken or not was immaterial—as was tho out-' come of natural imbecility they wore Che contended) bound to acquit -him. On tho othtc&and, Mr. Gully (tho Crown Prosecutor) argued that the circumstances, apart from' the evidence, pointed to the fact that.Somerville knew at the time what 110 was owng- Summing, up the Chief Justice (Sir Jas. Prondergast) held that there did not seem to. be any other conclusion open but, murder,- so far ast-lie question of drunkenness was-concefped. 'As to tho question of insanity-tliere 'must bo proved to exist .such -insanity as rendered the prisoner 'incapable of knowing what ho was doing'. 'The.jury, after a retirement of one hour and a half, fomid Somervillo "not guilty" on the ground of insanity,- and'ho-was ordered to bo confined in gaol until tho Colonial Secretary's pleasure was,known. • Soniervi]le,./,whq,-_was va-bont 40 'years of ago at the tiipo of tlionorimcj' origin- 1 ally came to Aew ...Zealand .from, Jre--, land and had tlicu been.in tho colony ! about 20 years. Ho was transferred t > Wellington Terrace prison to the Isapier Prison in .Januarv 1900. but 18 months later was removed to Porirua Asylum, where ho'had been detained up to tho time of. his death.