AFTER FIFTEEN YEARS

Taranaki Daily News, Volume LIII, Issue 215, 20 December 1910, Page 7

AFTER FIFTEEN YEARS

A MASTERTOX MURDER. PERPETRATOR ENDS HIS LIFE AT POKIRUA. The enactment of a sensational murder at Masterton in J'une, 1895, and also a vigorous controversy which raged at the time on the question of criminal insanity, are recalled by the death 'by suicide of Andrew J. Somerville at Porirua Asylum last week (says the Dominion). It happened that a Mr. Herbert, of Herbertville, secured a contract from the Akitio Road Board for road formation. Part of the work he sub-let to Somerville and two mates. As a result of a disagreement, however, Somerville left the job on the understanding that lie was to receive the sum of £11), but this was not to be paid until the completion of the contract. There was subsequently some dispute as to who should pay Somerville the money. In the end lie brought an action against the Road Board, which liad moneys in hand due upon the eontract.

When the case had been heard, but not decided, Somerville made his way to the shop of Mr. A. Bradford, gunsmith, where he concluded the purchase of a revolver, which he had spoken about a few days previously. Somerville had told Bradford that he contemplated leaving for Coolgardie, and wanted something in the shape of protection. On this occasion he asked Bradford how to load the 'weapon, and the latter showed liim, charging it with six cartridges. After the revolver had been paid for Somerville was about to take it away, when Bradford asked him if he wanted any more cartridges, but he replied in the negative. An attempt by Bradford to persuade Somerville to witdraw the cartridges was also unsuccessful. During the afternoon (it was stated in evidence) Somerville treated some of his friends to liquor with, more than, one declared, undue liberality. He then went down towards the Club Hotel, where Herbert and the clerk of the Road Board were engaged in conversation on the footpath. Somerville stood in front of them with both hands in his trousers pockets. Asked by Somerville ,if he would have a drink, Herbert said, "Yes, I don't mind." There and then, however, Somerville w-ent on to refer to tlie case. "You should not go against me," remarked Somerville. Herbert. replied that he had not done so. "Oh, yes, you did," said Somerville, "but didn't I work for you like a man?" "Yes," was the reply, "and didn't I treat you like a gentleman?" "Then why didn't you pay me my money?" retorted Somerville. In reply, Herbert said, "Because there was no money in the job." Hardly had Herbert made a reply when Somerville drew from his pocket the revolver, and with the remark, "Take that!" discharged one barrel right into the. breast of Herbert. Staggering towards the edge of the footpath Herbert at once threw up his. hands. Somerville again exclaiming, "Take that!" fired a second shot. Herbert then ran into th« middle of the street, crying: "Oh, God! Oh, God!" Here Somerville fired a third shot, and after Herbert had staggered to the side of the road and fallen in the gutr ter, ihe stood watching him to ascertain if he were really de,ad. Immediately Constables Collerton and Nestor appeared and did not hesitate to grapple with the murderer, who went quietly to the police station, followed by a large crowd of excited spectators. Herbert only lived a few minutes. When informed that his victim was dead Somerville, who was quite calm and collected, merely said: "Well, he deserved it." Some time later he again asked if Herbert were dead, and on being told that such was the case, he burst out crying, and said that he would not be robbed by uny man. The trial of Somerville, which • took place at Wellington in August, 1895, excited widespread interest. Mr. Jellicoe, who appeared for the defence, raised the question as to whether Somerville was at the time capable of appreciating the nature of the crime. If the jury were satisfied that the crime was committed when the prisoner was in such a condition —whether drunken or not was immaterial —as was the outcome of natural imbecility they were (he contended) bound to acquit him. On the other hand, Mr. Gully (the Crown Prosecutor) argued that tlie circumstances, apart from the medical'evidence, pointed to the fact that Somerville knew at the time what he was doing. Summing up, the Chief Justice (Sir James Prendergast) held that there did not seem to be any other conclusion open but murder, so far as the question of drunkenness was concerned. As to the question of insanity there must be proved to exist such insanity as rendered the prisoner incanable of knowing what he was doing. The jury, after a retirement of one hour and a-foalf, found Somerville "not guilty," on the ground of insanity, and he was ordered to be confined in gaol until the Colonial Secretary's pleasure was known. Somerville, who was about 40 years of age at the time of the crime, originally came to New Zealand from Ireland, and had then been in the colony about 20 years. He was transferred from the Wellington Terrace prison to the Napjer Prison in January, 1900, but 18 months later was removed to Porirua Asylum, where.he had been detained up to the time of his death.