MADMAN OR MURDERER?

NZ Truth, Issue 101, 25 May 1907, Page 5

MADMAN OR MURDERER?

CLAUDE PAGET STANDS HIS TRIAL FOR : SHOOTING 1 HIS SWEETHEART.

A Plea of Insanity is Set Up as a Defence,

The Most Remarkable Murder Trial m the Annals of the Wellington Court.

Mr. Wilford Urges that the Murder was Committed whilst Accused's Brain was m aDorniant State.

Tito trial of Claude Pafiet for the murder, on the morning of Feb. 12 last; of 17-year-old Eleanor Pearl Axtip commended at the Supreme Court ou; Monday last before Mi, (Justice Cooper amd. a jufyi. Murder trials always proVe attractive for idlers arid 'those with plenty 6f time oil hind. . Paget's trial- pipped no exception. Day after day, to use a common threatiiical expression, there was • 'standing room only," and more than one mere,, but morbidminded, male person stormed the ladies' gallery, which was fairly Well "patronised" by the fair sex, only to be warned that such accommoda^-tic-n was for ladies only, and the ladies, it must l b | c meotawied, were highly seized oif their rights, and darted severe and reproving} glances at any intrepid invader m trousers, who ventured to poach on their elevated preserves; Indeed, the interest; the deep interest; that the" ladies manifested m the murderer or madman m the dock was marked, so much so that even' a gentle hint from Mr Wilford that he was about t6 esk some delicate questions of a police witness did not cause them

any _ discomfort, a-nd it was only wtieS His Honor practtcally oi'fljferod the gallery to be cleared that they left, and as it ,was late lit the afternoon' (being Monday) th^y retired for the day, tout were m as. t4ft a force afc ever on the subsequent days. A fresh jury panel had been Brawn, and it was ( after il o'clock On Monday morning that the wibole arf ay was drawn up by the sheriff and swore anid diatected <fco resume tJbeiiJ seats till further called upon. .This being done, a sexuaf offender vfis -dealt with, and Sheriff Cooper's mandate went forth, "Place Claude . Pa'get at the ■ fear." Faget . was soon m the dock, . bavins emerged from the subterranean vaups below. Mr Watford 1 stepped towards Mm, and. whispered something m answer to the charge, Paget clearly Haiti ftuieity refeipcwiideid "Noft^ltyv" after which came the selection 61 the twelve good men and true, on. • whose aye it was to rest whether Paget was to be branded murderer, 6r madman. As the selection of the jurors followed, the faces of each of the 48 citizens were a study. Mr Wilford did the cfoalien£in.a fdf the prisoner, andi was careful and deliberate as he scanned the features of earh man called. Mr Myers Was not so ihethodiail, thougli drawn up behind him were * A FOSSE OF DETECTIVES, who were, ct were presumed to be, j acquainted i*jittj: the life, history,firccd, polities', Sympathies, or anything else of , every sworn juror NthKh .irii*i'ti : .njtrt insure the Ciown <yi setl-iftft a lair deaLl. One ot 1 the jurors • called wafi attited m the .uniform of a SsUvaiioii Army Officer, arift evidently Mr. V7difold was iiot prepared x fo£ Irini. Hastily; seeking permission, out ofVa side door rush*d Counsel, the juror m question r« maiiiio^ stationary between the dock and the juiy. benches. A few Seconds elapsed, and m returned Mr. \Wlford, ..whose "challenge" , released the "Army" g&ntlema<n from ■ what must have been: a trying position, being as he was the "star" of the moment, Pa-get hdinself being for/rotton. v Mf. Wilford challenged six of the gentlemen called, and Mr. Myers for* the Crown aSked a simitar number to stand aside. With an air of don't-care . each unchallenged juror passed to his seat, all the while knowing that as the . charge was a capital one, he should not be allowed to separate from his,fellows until m accordance With their consciences they had delivered their .verdict. \ All ttie preliminaries having 1/een settled the judg* informed the jury that they should be strangers from home trill the conclusion of the Case, -and further , that the sheriff and the police officers would do, everything, possible to ensure "their comfort, Which assurance the foreman (Mr. 6-. Petherick) adknowlfd'ged with a gracious smile, though smiles were, strangers to the features of some of his colleagues. The Judge having indicafa'd to to Mr Myers that he might proceed with his openiwg address, the Crown Prosecutor very concisely and clearly told the jury the circumstances of the case. He told them that murder was the most serious crime k-nown to the Law, after which he dealt at some time on the fact,, ©r afi i% seemed to bam, that josios

[appeared m cases of murder to unnecessarily require an extraordinary degree of. proof. "A man's liberty," the Crown Prosecutor prqpetely observed, "is as sacred as his lift!. ■■ In all criminal cases, where the onus of proof was on the Crown; the Law ifequifed the same decree of p(roo£^- : 'fflfe- : s^e'-ldnd : -6f i v-prbrtf"''{ii!at it required dn a ,case of theft was no less necessary m a case of murder. In a word, tie Crown must ■ prove its case ibpyond reasonable dou'fct. If there were distinctions drawn between the different classes of of-* fences, df a hifiher decree of proof was required for a serious offence I need hardly point out to you that THE CRIME OF MURDER might almost 'invariably go unpunished." — .; In this way Mr Myers 'gave the history of Paget 's offence : "If a man "has a ' grievance against a woman* whether on the ground of unrequited affection or any other ground"; if he goes deliberately to an ifonmonf^r-s; shop, buys a re-, volver, makes probably a false statement as to th-e reason h» requiired th.q revolver, purchas«fe oart.ridges, taking care that the cart-rid-.ces are those that will fit: tlfe revolver. If he then m the e^eninig a few hours later, fioes to' the house where the girl is living with her parents, seeks the edfl,. does not find her, but meets her mother arid others, tells them he i is? going away the next morning to iSan Franoisco, and there is no vessel leaving New Zealand for /San Francisco for some tiMe after that date,- he Jeaves all his effect at his lodgings, therefore -bis statements are untrue. If early the next morning he again oalls at the girl's house, sees the mother and one of the-do-mestic servants about the place, 'arid says, tßsoGd4bye to thiem, a significant thing, froiri whdeb ytm (the jury) may, draw a peculiar inference m the light of an c.vent that happened af lierwards. If that man enteced the. room the girl was m, if imiiiediateiy afterwards three; shots were' fifed m rapid succession. If after the room is entered by others . two bodies are found lying 'dn the Sobr a/fe* r*sikt angles to e^ch 4 othef v ~tteer girl "; §K6t through tlie Mcic of the head, the man: utitcoriscious from. a shock or Some other cause, if ydu fiid a revolver tiowhere hear the ffitl, but within two inches of the outstretohed hand of the man, what conclusion under such circumstances could you come to, but that tWe mam had billed the girl . What inference could you 'draw but that inasmuch! as he had purchased the revolver", had looked fotr the cirl, the act was one he had premeditated, and) that is the only difference I submit you can draw." The Crown Prosecutor further conteiidfed that no inference could he drawn that the girl" hud shot herself, the idea was so improbable as to be unreasonable. It was a va^ue and visionary theory that could not commend itself to any reason-able-minded man. The Crown submitted that the fiirl was shot by "Hie man, and that ttie act was premeditated. Not wishing to anticipate/ the defence, the Crown Prosecutor dealt at length -with the defence of insanity. Every person commitoDE a • crime was assumed to he sane, and the onus of provinE ' insanity rested with the person: making the plea. Mr Myers' outline of the facts followed, and they were that the girl ELEANOR PEARL AXUP lived with, her parents m AbelSmith Street. She bad been out a godd deal with Paget who, no doubt,' was very fond of her. She was quite a youn-s ga'iil, just turned 17 years of ajej md about Christmas last Pa-get bad spoken to her father with reference to their becoming, emgaged, tot the father thought she was too vourig, and would be prepared to talk tue ■ matter over later on. Then followed all about the purchase of the revolver and cartridges by a man like Paget at De-nton's iroiimorißery store on Feb. 11. His visit to the girl's house on the .'night. His peculiar conduct as though under the influence of liquor, lias complaint of the g-irl not treating him rightly, the mother's admonition, that he was a bad-tempered, strong-headed, jealous yoUnsr man, and an expression of. pity for the young woman who would marry him. Paget told the mother arid the cqok of his departure the next morning for 'Frisco, and it seems on his own statement that he slept that* night m the front warden. Early the next morning he was astir. He was m the kitchen before ' the cook, the mother came m, and the unfortunate ill-fated maiden Eleanor oarne #idinj| through with a. cheery "Good mornine, Claude," into the diniinigr^oom, where she set about to lay the breakfast table. She walked to 'hat room to meet her fate. Paget soon after followed her, threo shots were heard,- the distracted' mother rushed m to find heir daughter and 'Papet stretched out on the floor. Doctor and police were sent for. A butch-er-boy summoned Dr. Pigeon, and Rupert Paget, brother of the accused, Sounded the alarm at Mount Cook, and Constable Carmody was soon on the- scene, followed by others shortly afterwards. The poor innocent girl lingered an hour, and went to meet her Mokeir. Paget soon afterwards regained consciousness, and wanted to know where foe was. And wiien alter being ohatrgod

with the ' murder, he expressed a wish that he ought to. have shot himself, as it would have been better, for ham.,. He of course, immediately taken into custody, and kept m close confinement. A&^&ei~spiq»#&h~ .atWie^PoHce-^UouTt "Rear inp;, Paget^,. with the blood of Ms victim not yet dried on his hands, was the picture of abigct misery, The two months that; had elapsed since the morning of ■•s£&.. 12, have ha'dh the effect of brdgli^enLniK him vp r*sqmewhat. In fact,[ Ti he seemed to have THRIVED IN THE PRISON YARD, m the dock on Monday, and up till Tuesday 'af'teshjooh, his attention arid interest were lieen, though if his restless, dancing padr of small dark eyes indicated aything, it must have been a thorough realisation of the horror of his deed, as it was slowly wound out. 1 ' Perhaps; it was that the tension was too great, 'anyhow, when on Tuesday afternoon! Mr Wilford was m the 'middle of his openiimig (address a/nd involving a truly remarkable plea of insanity. Paget dropped m the dock. It was a fainting fit, and a doctor suggested that he should have a seat, amd all that af tei?nsooai! Paget sat completely out of sight, except tof that of the ladies m the gallery above. ' • With the witnesses for the prosecution Pa/get did not much trouble, excepting, perhaps, the medical witnesses and .Tihos. Wto. Collier, a wool-olasser residi'n^ at Berhampore, i with whom Paget had resided. ' . Drs; Pigeon 'and Boyd gave evidence J of having examined the girl' 'and Pa- j get when they were lying on the floor ! of the dinamg-a:obm on • I Hio morniaag m, ijiuesiJioin. Paget ,w&s Unconscious, and that state w<as attributed to shock, but '''-sboick" was ooti•explained. "It's a condition," said Mr Wilf ond, amd the staitjement was agreed on, though' later, Dr. Henry, whio had e&tracteid a ftmllet ;* from the girl's toradm, declared, it to <he ''a corisidera'biiß'diimiaDutioh of function." The witness GoUier was called by the Cnowm to tyroye 1 that Paget had said nothing to him about goihg to 'Frisco, nor hati he packed up his : her longings. Mr ' Wil*ord, however, 'by Ms indicated {ho nature ' of the defence lie. wouM probafoly raise. Chi February il he saw Paget, ; and he hod a wild looto m his eyC, ahVi Ms appearance , was strange. /Titoo witness had. seen Pag- [ et m a^similar state on many occasions. He would eat nothing, and a j civil answer could hardly ibe obtained from hum v;fo&a he was m that state. The man chamged altogether. The Witness )a't length told of some curious conduct on Pagers part of ban>ging windows up and down and dropping candlesticks, and keeping the witness awake all-, night, and when he said, . "Ain't you well Claude?" Paget repl ed, ''Oil, my head's jb&d." In the state mentioned by witness, Paget' twitched his mouth a lot. He would work his head from side to side and work his eyes about. No sense coulri foe obtained from him. The witness did not attribute any 'of it to drink, and to Mr Myers he said /that he knew Miss f Axup was walking out with Paget, who said that he expected to marry her m a fortnight's "time. , This witness seemed bo be AN EXTRAORDINARY INDIVIDUAL, as ihe^ has never had the blues, amd oou*d '*hot say if Paget had them. Dr. Henry was the last witness called by the Crown, excepting that the deceased girl's father was recalled to prove that his daughter was taller than iPaget. Her height, it tf«ould , seem,\ was about sft •S'Jan. Dr. Henry's evidence was relative to tlve : direction- the bullet had taken. It had entered behind ''the lfcfft oar^nid' its courso to the rife-ht Bide of the top of the head was all lacerated. ■ After the luncheon adjournment on Tuesday, Mr Wilford' opened his defence wflth a lowguaddress. It wks evident that counsel had taken great pains iii preparing the defence, as he bad Ibtefore him numerous medical volumes, and his frequent references to those volumes, and his acquaintance with medical terms, indicated that, he had certainly mastered the 1 1 many intricacies of what he described, and what , certaijnly was, a remarkable one. He (did riot, at that stage, he assured the jury, propose to dissect the evidence for the prosecution, and he promised to propouhid his theory of the shootihg at another stage of the proceedings. He proposed then tb lead the jury til rough unfamiliar walks, into paths which were Iquite foreign to them, as 'they were to him before he undertook the defence he was setting up. Having dealt with the Law on the question of insanity, he said he proposed to prove that Paget suffered from- epileptic insanity. 'He would prove before he finished, anid, without, doubt, that for years past Paget had suffered'from epileptic . insanity. There were three directions m Taylor's Medical Jurisprudence m which evidence of insanity should b|e sought. They were (I) m family history, (2) m the personal history at the tme of, amd previous to, the offence, and (3) m the surroundings of the offence itself, In speaking of the family history, he spoke of hereditary of something transmitted from father to son and to the third and fourth generations. He vvould show, as he subsequently did, that Robert Wright died m the Sunnyside Asylum at Chrjstchurch m 1873, suffering from CONGENITAL IMBECILITY. Wiigiht wasP&get's mother/a father t

jyid later on an aut&ority was quoted showing, that the epileptic insane received that inheritance more on tihe mother's side. The evidence on the other point woulid 'be one of the mosti miserable stories possible to imagine. By Paget's own family, and by men who had worked with, him, he proposed to give Paget's personal history, and no doubt could remain that the prisoner,- at t*he time of the commission of the act, neither realised the ' consequences or the qUal'ity\or miature of the deed 'he had done, that he kaiew no difference between right and wrong. • He w wld show tihiarfc Paget had 'been epileptic froih (birth. He would show how Paget Would go unconscious, and that he had' on several occasions attempted to take (his own» life. His mental (Walamce had been unnerved thrbugih receiving injuries, once while working 'at Tinokori Road, and another, ntoe years ago, while working at tfeh'eWheatre 'Royal, ChTistohoirch. He would ' prove that the prisoner sufferdd from obsessious brain storing or dream states. Mr Wilfoitd instanced various acts on the part of Paget, tending to prove hds insanity. He had without reason/ thrown, a cat at a favourite sister. He had 1 thrown himself from a windows InhisWoric he was, spasmodic and Btutom'atic, aiud^ icpoting froth fth authority 'having referenco ftp epi.Kptics> iv& went to- show that , JfeM£«ifcJo^^v^itM-%«r-hr-ar Ttaze/l cbtP" ditioh; m att unconsdious state, that he was violent and committed brutal acts, aitei' Which the subject returned to consciousness. After that he might remember something that occurred, perhaps an hour, a day or a. week previously, ''and," said Mr Wiiiord,' "I 'shall show you that wifrein; he said, 'I 'bought the revolver after J*he shooting, The had passed oUt of -tlie 'aura of epilep-., sy. Hie wpuW sihow that after the seizures P^get h'aicl FRIG-HTFUL PAINS IN HIS , HDAD, ; and iwouid be despondent for hours. Moreover, Mr W|if ord went on to say, that apart from tihe fact that Baget was sufferiaigi flrohi! epileptic insajnity , hie had also the beginning of what was called optic atrophy. He would call evidence toj Jshbw that hie Was the subject, not only' of mental decay a&vd epileptic insaniJty, 'but that he would be stone blind m five years ; When a man suffered from optic atrophy, he was also suffering fr.om mental decay, which might be' 'congenital or might fee produced by . external violence. ' > Mr Wdlford then called evidence. The mother,' Pamela Paget, an elderly womah, deposed to" the death of her . fatlrer, Robert Wright, . m. the Surimysiide 'Asyltim. Herje.vidfeihce was lehgthiy and detailed the story of Paget's ■ life from chikjiboo'd. His conduct Was always straoig©. But tine strange part was that though her son wia^" sujb'jeibt, to all :these sed^tises, a doctor Wasi never ca/lled m: Paget, it seems; is a widower. His wSife and children are- dead;- and 'he was very fond of thpm. The wiWss never told anybody of heir son's strange conduct and said that she expected those he lived with to look after him. She knew of his friemlshjiib wi'tfr Miss Axup, but she had never told her of his conduct. Evidence of Piaget's . ATTEkPTS AT SUICiDE wefo ' jgiiven by a young ' 'mail naMlcd Arthur Joiwn Crum and Samuel Stanley Paget detailed. a story, of Paget ha^Ufsc jumped from a window to the ground';, wheh> Dr. Mackin attewied him. When picked Up, Paget was unconscious. ■ Another brother, named Oliver Edward Cyril Pagiet r gave a story of Claude's cu-rioius cotaduct' a>nd> lapses while at 'work, a sdnniiAar' story , also being told by a carpenter named Horace Chishblm. A Miss Ellen Lawyer, who knew the wife of the accused, told that six or seven years ago she lived m the same house as the Pagefcs m Taranaki-st.., On one (iccasion f^a^et sat 'on "the stair-case weeping, and frightened to go to his room, because he vfas afraid Ms wife was going to thrashhim. At the .conclusion of the, Tuesday's prbceeidiings, Paget was removed to the looms of 'Dr.* Borgheitti, for the purpose of a final optical examination, this being the third examinatiqn held by that* doctor on the prisdoier.; Oh Wednesday morning an early and /punctual start was. made at 10 o'clock. The first, witness^ that mprning was the accused's sister-ih-iaw, Ada Paget, , with whom he had lived for four months m 1906. One Wednesday mornittg he disappeared till the following Saturday,' 1 and 'when asked where he had been, he replied, "It's not where I have been, but where I'm going.'' On another, case he threw a cat at his favorite sister. Another witness as to Pa/get's curious conduct was Thos. S,exton, a carpenter. Paget worked with him at Waiouru m 1906:. /This was on the Main Trunk line. According to Sexton, Paget was; impulsive. He was f|uicr< m his movements. "Not like, the ordinary Government stroke" quoth Mr Wilford. There was nothing remarkable about Paget, said the witness. In January of this year witness met Paget m Wdllisstreet. Paget was. changed. He was brooding;': . Witness ■ tried to talk with him, but failed, and walked away. Paget was a changed man then to what he was before .v ■ > This witness told Mr Myers that Paset was brooding; ; that he did not say anything about a girl. • > Another witness was Peter Ingoklsby. Who has only been 12 months out from Ireland, and said h£ worked on the Main Trunk line and Paget was . the foreman of the gang m which he worked. He found Paget to be a DECENT, STRAIGHTFORWARD FELLOW. He had a shake m his head. S^ome.times a question would be asked of Paget and no reply would be made He would perhaps smoke and work like a doll and then, ten minutes afterwards he would reply, "What is that you asked me." When Mr Myers < wanted to know more about it the witness said Paget always seemed Mkj be studying something, or thinking things over like a man m trovble. Witness did not know how ihe came to be m the case. Paget jknew that he had worked with him. though when Mr Wilford further wanted to clear the matter up, it came out that Paget's conduct was the talk of the camp. Another Main Trunk laborer who spoke of Paget's peculiar head-arhinc;, was Jas. Bohan. | John Kuch, : a poils butcher said

that tea years ago he employed Paget as a general hand. Sometimes he would not get up to work, and the ■witness could get nothing out of ham. He was m a state of simply did nvh not care. In the afternooo Paget would turn' to and work will" ingly. Witaess used to think it a lazy fit. Sometimes he would start staring .and witness would call his name and Paget would resume whatever he was doing. Alfred Lawler, a sailor, who . had resided with the Paget's, also save evidence of the accused's conduct— his eyes and mouth twitchings. Rupert Leslie Pa/Ret, a brother of the accused, who resided at Axup's house m Abel-Smith-street, told Mr Wilford that he saw his brother on the morning of the tragedy. He was sitting with his hand to his head. He looked dazed, and said "What am I here for, I don't remember anything;." Witness gave .him a cigarette. His appearance was . similar io that presented by him on the previous evening, an appearance that could be taken as being under the, influence of liquor. The witness further told of the accused having a fit at a house m Ohiro tload about three years ago. , Witness had never seen him m such a. lit before. He had seen him 1 peculiar several times, especially at work. He had a strange expression, he stood as, i,f . If called he. sometimes resumed his work. On the night before the tragedy he saw his brother m the Axup's garden. He was lying down. He afterwards went iinto the street and witness did not ''see him go back to the garden. He did not speak t o him. Witness slept on the balcony, and had been sleeping there for three months. The balcony was immediately over the porch. While m .bed oh i he balcony during the night he heard sounds right through the night. He had no sleep, he suspected that his brother was below. He hdard talking and mumbling. He did not go to see N who it Was. He heard the three shots m the morning. In the porch there was a wooden seat. "•Were you on friendly terms with your brother?" asked Mr Myers. "Yes," was the reply. ''Why didn't you speak to your brother and do what -you could for him," queried Mr Myers, after having got the witness to .reiterate his statement of seeing his brother lying m the garden.'—'''l dent ? know," replied the« witness. From the deposition taken m 'tire lower court Mr M*yers showed that the witness had said tie saw his brother going towards the back of the house and he ;did nothing to warn the people m the house of his conduct. The witness saw him gibing up Abel-Smlth-street and thought he was all right. Moreover the witness admitted that his toother looked as if he was' under the influence of drink, though His brother drank very/little. The witness' answers were peculiar, as the next was Ih'at be was always under the impression that his brother drank more when the turns came on. In these turns he seemed high-spirited. He was not low-spirited m these turns, but was three' or four days afterwards he would be low-spirited for three' or four days. There was no one else sleeping o-nf thoi : balcony on the, night instanced "by the Witness- :• ' \yiiy didn't you ro down to 'your brother ?— I felt frightened. Of what ?— Because ' he might do me any injury. I fait that something was going; to h'appeh. Did you warn anybody ?— No. Why did you feel that something was going to happen f^-l don't know ; I HAD, A PRESENTIMENT.' Continuing, the witness said he knew of the relations between bis brother 1 and miss Axup, He had never hftown his I>r other to do anybody any injury. It was a presentiment only that hp thought something was going rto happen. He was very nervous that night though there was nothing to prevent him Waking other people up. The next morning he, remembered all the goings on m the porch, and never at the inquest," 6r at the Police Court did' he mention that Occurrence, though he did make a statement to a He refused to give Detective Broberg information, because' his 'brother-in-law, McCuilum, called him away. He could not swear that it was his brother who Was below { m the porch. At a later stage the witness told his Honor that he had seen his brother have an occasional drink, and further to Mr Myers he said the reason why he did not speak to anybody about has brother's bad turns was because he did not want them to know that he had theni. Another reason advanced by him for not doing anything for his brother was because he wouM soon be all right 'again. Violb Cimini,,a young woman, testified to the fact that about six months ago Paget was brought -'to her house suffering from a cut m the head. Percy Gerald Paget also save general evidence of his brother's Peculiar conduct. John McCuilum, brother-in-law of the accused gave { evidence. This witness' evidence was directed to Paget's strange conduct at different periods. When m these fits he seemed possessed of -wholly unnatural spirits. He seemed to de Iscend to the lowest depths of despair. 0n : the Saturday afternoon ' prior to the date of the tragedy lie j was m unusually' high spirits. - On Monday mornina: witness saw Paget. who complained of pain m his I head. He was sitting m a low chair holding his hands. On the morning of the tragedy Witness saw him m the smoking-room and he was apnarently unconscious. Witness saw him \vhen he came to. Paget had a stupid atid dazed appearance, ' and witness had seen a similar appearance m the accused 18 months before at his mother's home. Witness met Paget -m Willis-street and tonic him home, and near i/\\e house ho co^apsed into an unconscious state PHd had to he carried m, the witness (Crum^ assisting. Paatet Generally wnfred sharp and short, and held himself up well. On the occasion witness assisted him he walked with his head forward, and m an aimless manner. No sensible answer could be obtained from him. He might have bpen mis-taken by others as a drunken man.. -In Ms ordinary state Pawt was a stratrfi't-frfrward, jovial fellow, and as ohliHn>r ohap as could be met m a day's walk. Mr. Wilford then announced that he had concluded the evidence so | far as it ron^rnerl Paper's personal history, The medical evidence was

then entered on, and the first witness was, Dr. Emil Borghetti, an ■eye • specialist, who . haid three times examined ithe prisoner m. gaol, and once (lajst Tuesday evening) atf his surgery. He toad examined, him for optic atrophy, which meant a degeneration ot the optic nerve.. The result of his investigations was to," suggest the beginning of optic atrophy, due to spinal disorder. His field of vision was shrunk. There was an abnormal dilitation of the pupil consistent with spinal disorder, and suggestive of the early stages of locomotor ataxia'. Tha knee-jerk system for locomotor ataxia had been applied, and the reflex wad remarkably faint. He displayed the Rombera! symptoms, another indication of locomotor ataxia. By the Ar-pyie-Rbbettaon no symptoms were displayed. It was possible optic atrophy could be caused fry a blow. This doctor did' not examine Paget to see whether his sight was weak or strong. ' To Mr. Myers the eye specialist said he first examined Paget about three weeks ago. He did hot ask for a further examination because Drs. James and Kendall was present at one examination. Only after the fourth (eixamination he ■ came to the conclusion that Paget was suffertoa; from optic atrophy. He ifeiM-J^'^'J?^ s^^^ lo^ r; inatiorir There were some symptoms of optic atrophy he expected to find which were not present. The result of his examination pointed to A DISEASE OF THE SPINE and he did not suggest brain troubles. Dr. Arthur Crosbie, a duly qualified medical practitioner m- charge of MoUnt View Asylum told the Court that he had a considerable number of patients m his care. He had heard all the evidence, and be^lieving it authentic he considered Paget am epileptic. "I an satisfied," said the Doctor, "he is an epileptic. I have no doubt about it." A man could commit murder during the seizure, and not know anything about it. Said the Doctor .—"Chisden says : 'Murder m the epileptic is just as much a symptom of the disorder as petty larceny is m cases of paralysis of the insane.'" The doctor went on to say that the epileptic did not . discriminate 'between friend or foe. The one nearest to him would suffer. Had he known instances of epileptics acting during the 'seizure c r- oryin'g on routine work, askedi Mr. Wilford, and the Dr. responded that he had seen 'them undress and fold up their clothes. Paget he considered to have been an epileptic for about ten years. The act of throwing himsfclf from the bathroom window was consistent with 1 epilepsy. The conditions of head-shaking: andtwitohings. were suggestive .of epilepsy. The act of throwing a ca/ti at his aister was consistent with epilepsy. To Mr. Myers, Dr. Crosbie said Paget suffered from mixed epilepsy, "petit mal and grand mal/' The stages of unconsciousness began with the seizures. The pre-par-oxysmal stage, varied from half-anr hbur to -three days. "Petit-mal " was ,a stage of . TRANSITORy caNSCIOtJSN&SS. '■" "'■'"' with, mental accompaniments.. In oases 08 epilepsy injuries if done were- done either * m the. pre-parqxys-mal stage, or. affeer the convulsions. "I ihave been assaulted by patients m the pre-paroxysmal stages," said 'the Doctor, "the patient did not' know wbait he was doing;. I was a great fnieaud of hde when free from epilepsy. He had no knowledge of it afterwards when I taxed him with it." He did not find design a characteristic of epilepsy. It was generally an impulse./ Acts committed by epileptics are acts to which they have been igenierally accustomed. In this case a design was shown by the purchase of the revolver, asked Mr Myers. "It might be construed as design," said the Doctor ; \ M Jfchere might have been another motive for the purchase." His opinion was that the purchase of the revolver might be taken as a design. The purchase of a revolver and a false statement made at the tim© he Would also consider as a design, taking it that the man's condition continued. In the case of a man purchasing a revolver and making a false statement, and soon afterwards shoots Someone, would show purpose. He would say that the girl was shot m THE PRE4PAROXSYMAL" STAGE, before he became unconscious. The effect of his evidence came' to this :: That am epileptic may purchase a revolver with the intention to shoot A or B, and although he did not shoot that person his condition of mind might have changed when he did the shooting, and was therefore not responsible. Epileptics were intolerant of alcohol, and. a very little seemed to upset them. The twi'tebings did not indicate epilepsy, but merely a nervous condition. ■ Dr. t (-Sow, m charge of the Sunnyside Asylum, also ftave lengthy evidence. He deemed Paget to be ' suffering, from epilepsy. He considered him to have been insane for three or four years, and was insane enough to have been locked up m those years. Dr. Collins, of Wellington, also gave evidence, and said that an epileptic could be apparently conscious to others. That was the case for the defence, and Mr, Myers intimated, that he would call evidence, rebuttal, and the first was Dr. M. Kendall, who is an eye specialist who said he found nothing m his examination of Paget to indicate locomotor ataxia^ He did not consider there was any abnormal dilitation m Paget's eye. He found) no atrophy of the' optic nerve. Mr Wilford 's orbss-examination of Dr. -Kendall was brief. He wanted the Doctor to read with his right eye, which the doctor said he could not. This led \to the suggestion that he could not therefore back his opinion I against that of Dr. Borghetti, who use* no glass. In this Mr. Wilford made use of the expression, "Your blind right eye." Dr. Kendall : I'll shoot a cock pheasant against you with my right eye. ■Mr. Wilford :, I sh oo t with a gun. Dr. Henry, the gaol surgeon, said he had seen the accused three or fou£ times at intervals during the

time he has teen m gaoVHg tia<i ! not noticed ANYTHING- STRIKINGLY PECULIAR about Pageti ■ - His DeKaviour- jfawf been good.a&d quiet... "Even m a epileptic' there are times m "which he appears perfectly sane," saidi Mr,, Wilford.— "Yes,'^ was "the reply. The regularity of the life m gaol lessens the ohances of a recurrence of the attacks ?— Yes. Alexamdlar Armstrong, Gaoler at the Wellington Gaol, gave evidence that the accused had been m bis custody sinoe Feb. 12. He* had seen him almost every day. He has berhaved very well indeed, and witness: had noticed no peculiarities . about him. The second day after his reception he complaline;d of a headache. After that he seemed to get better. He was a tit melancholy, he improved every day. No complaints had been made by him. By Thursday everybody connected . with 1 the case wore a tired, if mot exactly bored, appearance, the jury particularly looking very home sick. His Honior was fairly amiable, 'though Mr Myers amd Mr Wilford displayed -a I tendency to arritaibility. The ''@efrieral public" admitted, to the Court for the purpose • pf , /seeing that Paget "present' in ''shoals'* Ion?; 1 before the Court was opened, though it is problematical what would happen if any free and enlightened member of the community did presume to suggest that Paget or any prisoner was not getting a fair deal. The ladies, too, were absentees early m the day, fart they gradually put ma n appearance as the day wore. on. < Medical / examination' was the order <X the <day.. The Crown proceeded) tc call evidence rebUttinKf the suggestion of Vinsanity , mßide by itihe doctors for the defence, and the first that morning was Dr. Philip James," who is an eye .specialist, and his evidence, was similar to ■•that given by. Dr. Kendall on the previous day, but Dr. James went a lot further,' iand said he had talks with Paget, and examined Mm on several occasions. Rfiferrinig to the incident which happened duning Mr. Wilford's evidence, When Page* diropped m the dock, Dr. James said Paget did not lose consciousness!.; it was merely, an emotipmal breakdown, he was -crying, j and said >he would try and stehid up. The evidence he had heard throughout the case suggested epilepsy, but epilepsy did not necessarily involve or connote insanity. / . ONE EPILEPTIC IN TE& was insane. The aylum doctors saw ten per cent, that were insanfe. There was no . ' evidence, of Iflie cause of the death of the accused's grand-father m Sunnyside Asylunv There were various causes of insanity. The accused had told this doctor that he was not aware that any member of his family buffered from any kind 61 insanity. On the prisoner's memory of events.- Dr. James saitt Paget rem©iftbiered the purdbase of the reVolver", and gave ibis reason, that he intended either ■pjoing up the Gountry or to Australia. He gave the name of th© , irohinoniger's shop as Deanon's. He remembered the events of thenight before the tragedy^He'rreinemlered tilie events "of the ihomros of the tragedy, such as saying good-bye to Mrs. Axup awl) i th© cook. He remembered walking along the passage to- the diningroom. Ms memory on that was faint, but there his memory stopped. AH this "knowledge was .co^istetit withi the* fact .that he .-. knew -what he was d'odtnig;. Not as a matter of exspeirience, 'bait from what he read, the stuibjjiect of^ epilepsy often freigped forgetfulness. ; The doctor pladttved as to whether 'P&'get knew what .fts was doim© or not the "Doctor, said, assumios that Paa;fi't had committed the 1 a'c4; his opinion was that Paget did Mow what <he was doing, and kjneW the nature of the act. Th© s^ate m which Paget was found) was either a faint or a mild epileptic attack., Whteto Mr. Wiltford pu*^ the; 'question blunt tire witness safd jbft would not say that Paget knew what was done m the dining-room. Grey Hassall, medical superintendent of the Porirua Asylum stoid he had a long experience m mental diseases. He had) been m charge of insane hosflitads for 19 years,' and there were over 600 cases at Porirua. This ftoctor Jheud examined Paget. He had formejl the opinion with regard tp the evidence 'Riven that Paget knew that . HE MRED THE SHOTS m the dining-room assominss thai he dnd fire them. The .purchase off the revolver indicated that Paget did it with a purpose. The state described 'by Drs. Pigeon and Boyd m which Paget was found was consistent with epilepsy. It was possible that epilepsy coujd 'be inditced by emotion or horror. He agTeed with Dr. James m a general way that epdl'eptics feigned forgetfalnesK. The prisoner had told the same story to the witness, as he had told Dr. James. t When cross-examined by Mr. Wilford, the witness said that the attack of epilepsy might have come". on just as Paget entered the dintagroom door. But, he told Mr. Myersy it was not the conduct . ol an epileptic to draw a revolver unless he hajd been m the habit of doing s|o. If he had the revolver m his hand he would not expect accused to use the revolver unless he had been 1 accustomed to the act. That concluded the case for the Crown, and Counsel procceeded to address the jury. The- jury -had not givien their verdict when this 'edition went to press. The aati-swdpers of Otaistohurbh', who comprise the Prohibition League, are about to raise a huge fighting fund ' against next election, when they intend giving' the long-beer crowd rats. Mr Public&ouse will be quite prepared for the battle, no doubt, and will put up a bob or two himself. There are a lot of old and impecunious ohinldes m Otago, and the Benevolent Trustees are sick ,of keeping | them, so it is proposed to ship the whole cargo of them off to China. Their own countrymen won't have anything to do with them ; if they figured as corpses their bones would be sent 'back, but as live folk they are rut worth consideration/and have to live on the oharity of 'white people. It's a . great pi+.y that every yellow face m the colony wasn't deported, elsewhere*