The Masterton Murder Case.

Feilding Star, Volume XVII, Issue 37, 12 August 1895, Page 2

The Masterton Murder Case.

VERDICT OF " NOT GUILTY." (Per Pjjess Association;) ' Wellington, August 10. At the trial of Sommcrvillc for murder, Dr Pollen declare. 1 the accused was a man of very feeble iut'Hect aud his appearance pointed to congenital imbecility. Cross-examined — 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 on the facts proved he thought SotnerviHo insane when he committed the act. Dr Fookcs, of the Asylum, called as specialist of mental science, corroborated the other medical evidence as to tho peculiarity of accused. He believed the man to be insane. On the Court resuming at 7 o'clock, Mr Jcllicoc addressed the jury, urging that the prisoner was not in a right condition of mind when the act was committed. If the jury believed Dr Fookcs then there was an end to the case. His Honor — Why should thi-y necessarily believe him "? Mr Jellicoe— Well, the jury if they like may disbelieve him ; that is what it comes to. The Judge said the jury could disbelieve that Dr Fooke":i opinion was the right one. Mr .lellicoo, continuing, urged that the prisoner, laboring under the dictates that his employers and mates were treating him unfairly, was an infirmity, and was unable to resist the dictates ol' an insane impulse. The Judge .s.aid there was no evidence to justify a verdict of manslaughter. It was cither murder or insanity. At 9 o'clock Mr Jellicoe finished his address, and Mr Gully, on behalf of tho Crown, followed, contending that the pica of insanity was erroneous. At 10 o'clock the Judge summed up. speaking for one hour, and pointed out the question the jury had to determine was not whether Somerville was insane, anl not therefore responsible for his crime, but whether lie was so insane as uot to be responsible aud not to understand the nature and penally of the act he was committing. Jf thr man was merely in a violent passion tho qnoxtion of insanity fell to tho ground, hut if the jury believed him incapable of realising what he was doing they must acquit him on tho ground of insanity. The jury retired at 11 o'clock, an I after an hour aud a-half's deliberation returned with a verdict of Not Guilty on the ground of insanity. The jury "were then discharged aud the Chief Justice ordered thr, prisoner to be kept in strict confinement in Terrace gaol during the pleasure of tho Colonial Secretary. A large number of women attended the Court during the proceedings, and fully twenty — most of them young womcu - waited until the verdict was cleliyercd.