THE DEATH SENTENCE.

Taranaki Daily News, Volume L, Issue 59, 24 May 1907, Page 2

THE DEATH SENTENCE.

JWtil-T \WX\) CI'ILTV. STKOXC Um>MMKNJ)ATION TO iMEIiCY, JJKKI) ('OMMiTTKD WHILST JX KIM LKPTIC S'IATK. j Vcr Press Asocial ion. ( Wellington, .May 2X t U the trial to-day the Crown called i furl her medical evidence lo rebut the ( testimony of tlu» expert". witnesses railed i by the defence as lo accused'* state of ! iniiul. i)i'. dame.-, deposed that be bad examined prisoner and found notthai I suggested hiuiii disease or mental decay. •,Vl(Niv.s <j motioned Paget very closely regarding his family history, and lii" latter said that so t'ar as he knew none of his (accused's) relatives suil'ered from epiJ.-psy. Witness also tested his memory in regard lo the shooting, lie said lie remembered events thai had occurred the previous day. Abo events thai oc- ' carred tiie ]»rovi«uis morning, and Ic s:iid lie had had a confused recollection of welkin;* through the ball at Mis. ! Axup's on the morning of the tragedy, ile tuid witness he bought a revolver be* c.'.u-e be was •_>'>iuu away next day lo Australia, ile also said, in answer to | another ijuestinn, thai he spent the greater part of the night before the tragedy walking about the streets. His last clear recollection was of wishing -Mrs. Axnp good morning. He liad a hazy recollection of walking across the ball, and thou all was dark, i Counsel for the accused urged that I Paget'* irresponsibility for actions had I !•' mi 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 it to the jury that it was reasonable to suppose (hat 'Pearl Axup met her death wdiile trying to prevent Paget shooting himself. He suggested that accused, when the girl was speaking to him in the room, took out bis revolver to kill himself with. Seeing this the girl closed with him and gipped his wrist. He lired once as she pulled his wrist, ami the bullet was m the floor. He tried again, raising his hand, and the next bullet was in the wall. Then the revolver was poised again, and the girl, with her head turned to one side to avoid the concussions and struggling too bird to be able to cry for help, received* the third bullet, which aeeusc< meant * for himself, and dropped deai just as accused fell in the paroxysm oi bis epilepsy.

The Crown Prosecutor said the strongest features of epilepsy were tlmt any acts of violent committed during unconsciousness or s\ilwovi>eiousnesH wen l known in>iliiiirr of when the epileptic returned to consciousness. Tn this ease, prisoner remembered (ill about the purchase ol (lie 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, lie premeditated shooting Peal Axup, and probably himself as 'well, but when he fonud what he had done, the Bhoek of it brought on a fit which was probably epileptic. His lfouor, Mr, Justice Cooper, in summing up, said there were only two verdicts that could he given, either guilty or not guilty on the ground of insanity, ff "Paget was acquitted, it could only be on the ground that lie was a lunatic. The jury returned to Court after an hour's deliberation, witli a verdict of "guilty," adding that they were of opinion that accused was in one of the stages of epilepsy at the time he committed the deed, and therefore tliey strongly recommended him to mercy.

When asked if he had anything to sa; why sentence should not he passer Paget made no reply, \mt stood staviii vavantlv about.

His Honor said the jury's recommendation to mercy would be forwarded to the proper quarter. Then, as lie assumed the black cap, there was a muflled scream from the gallery, and the sound of a falling body. A woman had fainted.

Sentence of death was passed, and the prisoner removed.