PAGET MURDER TRIAL

Gisborne Times, Volume XXV, Issue 2088, 24 May 1907, Page 2

PAGET MURDER TRIAL

Press Association. WELLINGTON, yesterday*

At the trial to-day of Paget on a charge of murder, the Crown called further medical evidcnco to rebut the testimony of the expert witnesses called by the del once as to accused s state of mind. MENTAL STATE OF ACCUSED. Hr. James deposed that ho had examined the prisoner and found nothing that suggested brain disease or mental decay. Witness questioned Fagot vory closely regarding Ins Ifamily history, and the latter said that so far as he knew none ott Dus | (accused's) relatives suffered -from I epilepsy. Witness also tested his • memory in regard to the shooting. I He said he remembered events that I occurred the previous morning. He said ho had a confused recollection of walking through the hall at Mis. Axup’s on the morning of the tragedy. Ho told witness he bought the revolver because ho was going away next day to Australia. He also said, in answer to another question, that lie spent the greater part of the night before the tragedy walking about the streets. His last recollection was of wishing Mrsf Axup good morning. He had a hazy recollection of walking across the hall, and then all was dark. DEFENDING COUNSEL’S ADDRESS. Counsel for the prisoner in his address to the jury suggested fihat accused, when the girl was speaking to him in the room, took out his revolver to • kill himself. Seeing thisj l , the girl closed with him, and gripped his wrist. .Three shots were fired, and the third, which accused meant for himself, was received by the girl, who dropped dead just after accused had fallen in the paroxysm of his opilepsy. FAGET’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 history. He was undoubtedly an epileptic. He put to the jury that it was reasonable to suppose that Pearl Axup met her death while trying to prevent Faget 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 she pulled his wrist, but the bullet struck the lloorr- He tried again, raising his hand, and the next bullet struck the wall. Then the revolver was poised again, and, with her head turned to one side to avoid the concussion and struggling too hard to be able to cry for help, the GIRL RECEIVED THE THIRD - BULLET, . which accused meant for himself, and dropped dead, just as accused fell in the paroxysm of epilepsy. ADDRESS FOR THE PROSECUTION.

The Crown Prosecutor said the strongest features of epilepsy were that any acts of violence committed during unconsciousness or sub-con-sciousness 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. THE JUDGE’S SUMMING-UP.

His Honor Mr. Justice Cooper, in summing up, said tliero were two verdicts that could- be given either guilty, or not guilty on the ground of insanity. If Paget was acquitted it could only be on the ground that ho was a lunatic. The jury -returned to the court after an hour’s deliberation with A VERDICT OP GUILTY,

adding that they were of opinion that accused was in one. of the stages of epilepsy at the time he committed the deed.* Therefore they strongly recommended him to mercy. When asked if he had anything to say why sentence should not be passed upon him, Paget made no reply, but stood staring .vacantly about. His Honor said the jury’s recommendation 'to mercy would be forwarded to the proper quarters. As his Honor assumed the Black Cap there was A MUFFLED SCREAM

from the gallery and the sound of a falling body—a woman had fainted. SENTENCE OE DEATH

was passed, and prisoner was removed by two policemen from the dock to the cells.