LOVER CHARGED WITH MURDER.

Gisborne Times, Volume XXV, Issue 2087, 23 May 1907, Page 2

LOVER CHARGED WITH MURDER.

AN extraordinary APPLIGA-

i TION

Fross Association. WELLINGTON, yesterday Arrangements were completed in the Supreme Court to have an examination made of the eyes of the prisoner Claude Paget. The application was made 'by Mr. Wilford, counsel for accused, who said that Dr. Borghetti had been unable to make a satisfactory examination at the gaol owing to tile insufficiency ol light, though ho had made two attempts. He now desired to have the examination completed in his sui gory. After hearing Dr. Borghetti in support of counsel’s statement, his Honor said the application was an extraordinary one. Such an one had never before been made to a Court in a murder case. He was disinclined to do anything that would prejudice accused in any , possible defence to the serious charge he was being tried upon, and though it was es a j lishing a precedent ho would accede to the request, conditional upon the gaoler and two doctors appointed by the Crown (Drs. Kendall and James) being present throughout the proceedings. , , Further evidence for the defence was called. The brother of the prisoner stated that on the morning of the tragedy he saw Claude, who appeared very dazed. He said ‘ V hat am I here for? I don’t remember anything.” ' Witness also gave evidence as to accused’s peculiar conduct on the night before the tragedy. Several other witnesses also made statements as to the eccentric behavior of prisoner at intervals. Dr.Borghetti, eye specialist, called by counsel for the accused, said lie found Paget was suffering from optic atrophy which meant degeneration of the optic nerve. Their was an abnoimal dilation of the pupil which was consistent with spinal disorder and which accompanies the early stages of locomotor ataxia. Optic atrophy was a sign of degeneration of the nervous system. It was possible for atrophy of the optic nerve to be caused by extravasation of blood due to a blow. He did not,.suggest that accused had optic atrophy to an extent to suggest any brain disease. Accused had spinal trouble, incipient locomotor ataxia. He also had astigmatism of the eyes, but not myopic, astigmatism. Dr. Crosbie, medical superintendent at Mount View Asylum, said he was satisfied accused was an epileptic. Counsel i Do you believe a man in a state of epilepsy might even commit an act without knowing what was taking place? ,

Witness: I do. Ho would have no knowledge and no recollection. Mr. Clouston, an authority, said that murder in an epilej)tic is just as much a symptom of disease as petty larceny was in the case of general paralysis of the insane. Dr. Gow, medical superintendent of Sunnyside Asylum, said he thought accused was suffering from epilepsy. The man was insane and should have been locked up three or four years ago.

Dr. Collins said he had come to the conclusion that accused was an epileptic.

This concluded the evidence for the defence.

Dr. Kendall, an eye specialist, called by the crown, said lie had examined accused’s eyes and found no trace of optic atrophy. The dilation of liis eves was not abnormal. It wa.s due to an error of refraction.

Dr. Henry, the gaol surgeon, said he had not noticed anything strikingly peculiar about accused. The court was at this stage adjourned until to-morrow.