CHARGE OF MURDER.

Wairarapa Age, Volume XXX, Issue 8448, 24 May 1907, Page 5

CHARGE OF MURDER.

TRIAL OF CLAUDE PAGET.

By Telegraph—Press Association

WELLINGTON. May 23

The Crown called further medical evidence to rebut the testimony of the expert witnesses called by the defence as to accused's state of mind.

Dr. James deposed that he had examined the prisoner and found nothing that suggested brain disaase, or mental decay. The witness questioned Paget very closely regarding his family history, and the latter said as far as he knew none of his (accused) relatives suffered from epilepsy. Witness also tested accused's memory in regard to the shooting. He said he remembered the events that had occurred on the previous day, and also events that had occurred on the previous morning. He said he had confused recollection of walking through the hall at Mrs Axup's on the morning of the tragedy. He told witness he had bought a revolver, because he was going away next day to Australia. He also said, in answer to another question, that he spent the greater part of the night before the tragedy , walking about the streets. His last clear recollection wa3 of wishing Mrs Axup good morning. He had a hazy recollection of walking across the hall, and then all was dark.

Counsel for prisoner, in an address to the jury, suggested that accused, when the girl was speaking to him in the room had taken out his revol- | ver to kill, himself. Seeing this 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 paroxsym of his epilepsy. ACCUSED SENTENCED TO DEATH. By Telegraph—Press Association. WELLINGTON, May 23. Counsel for the accused urged that Paget'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 it to the Jury that it was reasonable to suppose that Pearl Axup met her death while trying to prevent Page 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, and the bullet was in the floor. He tried again, raising his hand, and the next Dullet 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 hard to be able to cry for help, received the third bullet which accused meant for himself, and dropped dead, just as accused fell in the paroxysm of his epilepsy.

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 a revolver was evidently an act of premeditation of something. He premeditated shooting Pearl Axup, and prjbably himself as well, but when he found what he had done the shock of it brought on a fit which was probably epileptic. His Honour (Mr Justice Cooper), in summing up, said there were only 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 he was a lunatic. The Jury returned to the Court, after an hour's deliberation, with the 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; therefore they strongly recommended •him to mercy. When asked if he had anything to say why sentence should not "be passed Paget made no reply, but stood staring vacantly about! His Honour said the Jury's recommendation to mercy would be forwarded to the proper quarter. Then as he assumed the black cap there was a muffled scream from the; gallery,, and the sound of a falling body. A woman had'fainted.

The sentence of death was passed, and the prisoner removed.