MURDER IN MASTERTON.

Wairarapa Daily Times, Volume XVI, Issue 5045, 7 June 1895, Page 2

MURDER IN MASTERTON.

A MAN SHOT DEAD IN < QUEEN-STREET. ] ARREST of the MURDERER, : i TREMENDOUS EXCITE- ' M£NT. Certainly never before in tlio history of Mnsterton lias such a shocking tragedy been enacted, as that which took place in Queen Street . yesterday afternoon, and although it has been our duty to record, at times.dreadful occurrences, Mnsterton itself has never before been the scene of actual murder; at anyrate as far back as i the knowledge of its European settlers can go. This crime Las now been committed in our very midst, and yesterday afternoon a man was deliberately shot dead in Queen Street, within sight of dozens-of peoplo. The dreadful deed was committed by Andrew James Sommervillo, laborer, tlio victim being Arthur Herbert, a well-known contractor, who for many years has worked in tlio Whareama district. It appears that there was a dispute between the two men regarding a sum of £1!), which Sommcrville alleged to be due to him from Herbert, for certain work done in June last yeaiymdycsterday the case occupied the S.M. Court, finally being adjourned for a fortnight. THE SCENE IN COURT. The case in Court, out of which the tragedy arose, was one brought under the Workmen's Lien Act, Mr Pownall appearing for tlio plaintiff (Sommervillo), and Mr Beard for the defondent (Herbert.) From the evidence it appealed that Herbert took a contract from the' Akitio Road Board, and Sommcvvillc, with three others, took a sub-contract for ! forty-one chains of formation at £3 per chain from Herbert. On tlio completion of the work, it was stated that Herbert declined to pay, and Sommervillo accordingly served notice upon the Board to withhold the money pending legal proceedings. Sommervillo in the box stated that the agreement was made in May last • and the work commenced in June, ■' witness working on the sub-contracl > with two others, from the Gth of I June until tlio 14th October, al ' which date he retired from the worli with the consent, of tlio chief eontractor (Herbert) on condition thai the £l9 owing should be paid wlior the Board settled for the whole cou tract. He had never received aiy money for the three months worl done at that time, Had an ordei for the money from his (Soinmcr villo's) mate, on Herbert, who sail , he would see if the money could hi j got from the Board at the next meet . ing. Herbert was not present al j. the Board's meeting, and some tiim Ij afterwards, when asking about hii „ money, Souuucrvillc was told to as! , his mute (Harkness) for the monej I as this man was in as good a posi tiontopay as he (Herbert) was s He then (old Herbeit that ho lookci , to him for the money, and after 1 wards applied to the Board, throng! j Mr Mclliitohon, the Clerk, to hav B the amount of claim stopped out o j the contract. This was somewher in January, but lie was not awan j tlio contract was linislici at that time. Cross-examined by M Beard the witness said the sub-con tract was taken by Lloyd, Harknesf and himself. Witness undorstoo that the contract was completed i December. Could not say whethc the contract payed the sub-contrac tors or not, but tlio money comiii] " to himself at the time of leaving 0 according to the time-book kept b c ' Harkness, was supposed to bo con l " ing from Herbert, according to ai rangoments made between the chic contractors anil tlio two renminbi sub-contractors. Herbert told wii ness that Harkness had stopped tli order for the £l9, and would pay tli money himself. Since then witnef had acted as surfaceman for tli Akitio Road Board. Believe Herbert settled up with Lloyd, hi Harkness was the one who kept th books. ,' Alex. McHutchon, Clerk to th Road Board, said that a nolico ha , been served, as stated by Sommoi ) ville, Tlio Board had money i hand, on Herbert's contract, whic they wore prevented from paying o ' account of the notice given. Holm acquainted Mr Herbert with thoclaii made, anil received a reply to reque. l | Sominorvillo to cither summons o withdraw. Thero was more in ban than would pay tlio £l9. This wa the case for plaintiff. Mr Bean . raised tlio point, that proceeding j wcro not commenced within th sixty days allowed by the Act, an , His Worship said, if this wa proved, it would be fatal to tlio cast but tlio statement so far wasver j vague, and a week would save th plaintiff's case. After further argu '' meat, it was decided to adjourn th 8 case. Y HOW SOMMERVILLE BEf HAVED IN COURT, y During the proceedings Sommei i, ville gavo his ovidence clearly an n without any apparent animu o' toward Herbert, A singular tliiii| e is that when called he entered th r prisoner's dock instead of the wil d ness box, and Hie motley crow it assembled, as they laughed at th d mistake, little thought how soon th man's turn would como to stand i ,r that veiy dock, charged with th ', blackest of crimes, After leavin, s- tlio witness box Sommervillo satnea ,s the dock, which, somehow seemed t o have an attraction for him, and dui ing tlio remainder of tlio cas i- appeared nioroso aud despohdenl ■- but at the same timo keenly intei ested in the argument of counse a The man ho was so soon to send o d his long journey, appeared quiet air indifferent, as if ho did not particu y lady mind how the case wenl j, On leaving the Court, Sqminervill n turned to Herbert and remarket :e "I'll fix you," but little heed wa e taken of the words and tho dreai 1, significance of the threat was neve e dreamt of.** '• WHERE THE WEAPON 3 CAME FROM. e At about 1 o'clock in the afternooi n balf-an-hour after leaving the Coriri Sommcrville proceeded to tho sho s of Mr Bradford, gunsmith of Quee s Street. He had previously visite ;e tlio shop somo three or four day t, ago, when ho asked to be allowei a to choose a revolver, as he wa shortly going to Coolgardie. Look o ing over soveral of the weapons, h is found one to his liking, and said li ;• wouldleavo it at tho shop,as ho won! not be wanting it for a few days

id after several remarks regarding oolgardie and the present dull mes, in which he expressed the union that he might do something n- himself, over there, he left the iop, having been in a jovial mood ji iring his conversation and lere. Nothing more was seen of ie man, by Mr Bradford, until he died t.t the shop about one o'clock Gsterday, as above stated; at which me Mr Bradford was very busy jpairing a gun for one of the memers of the Gun Club, whom he xpected in at any moment, as a mtcli was to bo hold that afternoon, Ie therefore told the man to pick ufc his revolver from among the thers, in a case in the shop window. Iv Bradford, being busy, did not ielp him to identify the weapon boson on the first occasion, and redaced among the rest, but left the nan to do so himself, After a little electing, Sommerville said ho had be one be wanted, whereupon Mr 3radford looked up from his work, tnd handling the weapon, said, "I lon't think this is tho one you.., 'aneicd before; I think yoiKselecteiffiUa ,be little revolver with the landle," Sommerville said, naps so,but this one will do just as ivell." Mr Bradford replied that it ivas a larger one than the other, but might suit him better in Coolgardio for shooting pigs, or for protection Erom wild animals, but the ono with the ivory handle was a capital ono for personal protection. This second choice seemed uptohisrequiroments, however, and ho asked Mr Bradford how to load it. Mr Bradford explained the method, at the same time filling tho six chambers. Sommerville then took up the weapon, which he had paid 30s for, and laid it on the counter, still loaded, at the same time enquiring how much the cartridges were a hundred. On being told, ho said he would only tako a few rounds as he did not think he would many, Mr Bradford said Somnrifip villo might as well take a box or them, but the purchaser thought this unnecessary, so Mr Bradford gavo the man a, few rounds and being asked what he would charge, said, " Oh, nothing; they will he thrown in with tho revolver you have just purchased." Tho man took the cartridges, and picking up tho weapon was going lo leave the shop when Mr liradfcr.'d remarked that he surely was not going out with his revolver loaded, as it might be placed where some person could take it up and not knowing it was charged, cause an accidont. Sommerville replied that such a thing would not ho likely to happen, as he was just going to lay it by in his box. Under these circumstances he was permitted to leave the shop, though Mr Bradford . thought it was a somewhat unusual thing to do. However, as his customer appearod sober and cheerful while in tho shop, the gunsmith • thought nothing further of tho mattor until the tragedy had tak». place. %> HOW THE AFTERNOON WASSrENT. After purchasing tho revolver, Sommerville went to the Occidental Hotel and had a liquor. Ho then walked up and down the street, talking with several people in his usual manner. Those who saw and spoke to the man say he was quite sober. Herbert went to the Park Oval to witness tho football match. Sommerville took his dinner as usual at tho Railway Boarding House, where he has been slaying for the past fortnight. IN QUEEN-STREET. Thursday afternoon in Mastorton is usually deadly dull. Being tho day set apart for the statutory halfholiday, the shops are closed a? 4 nearly ovcryhodyis away. YesiW day, however, there seemed tpo mora people about than usual, and at 4.30 p.m., a crowd of footballers were returning from the Park Oval, and many school : children wore wending their way homewards. On the verandah of the Club Hotel several men were , standing, while a group of ladies ] stood conversing together at Wickcns' comer. Littlo did any suppose they were about to witness a scene so full of horror, tho memory of which will he indeed hard to ' efface, and one which, let us hope, may never bo repeated in our town. SHOT IN COLD BLOOD. Amongst those standing on tho footpath, just between the private entrance to the Club Hotel, and tho verandah, wcro Mr A. Mcllutcbon and Mr Herbert, talking together. Sommerville camo along tho stajß'' stopping when he reached tl>H r Just then, Mr A. A. Elkins came to tho edge of the vcipdah, and Mr. McHntchon tuihied to shake hands with him. Sommerville, at this moment, said to Herbert, "Como and havo a drink," Herbert replying ,: Yes, I'll have a drink—or anything," Sommerville paused, looking straight at Herbert. "Ho then said, "You shouldn't go against mo like this, Herbert, Haven't I always worked for you liko a man?" Herbert replied, " Didn't I treat yon as a gentleman while yon were working for me, and since?" Sommervillo seemed to loso control of himself, and drawing his hand from his trousers pocket, brought out a six-clmmbered revolver, and levelling it point-blank at his victim's breast said" Tako that yon b—," and pulled the trigger, Herbertstnggered into the gutter, throw up his arms and cried out" Oh God!" Ho half, turned and took a few paces towards the middle of tho street, when Sett* morvillo fired a second shot. HerbM then made a detour towards tho corner of Perry Street, nearly crossing the road when a third shot was fired. Tho injured man' did not reach the footpath, but fell heavily to the ground, Sommerville following up and exclaiming; "Isthe b— dead," The words were hardly uttered, when Constables Nestor and Collerton-who were standing by Woodroofie's fountain— woro upon him and by a smart movement Sommerville was thrown down and .■ disarmed, Tho action was prompt v and plucky, as there is no telling what tho consequences maybe, when a reckless man commences to shoot and has still three chambers of his weapon loaded, Constable Collerton took the revolver, Sommerville sub mitting quietly to the handcuffs, and before tho frightened spectators—who had scattered in all direc turns' at the first shot - had itgamed their wits, the man had been safely lodged in the lockup. On the way to the lock-up ' bommemllesaul ■'That's whatihi br—deserves. I have him for two years for Constable Stewart cautioned the pnsoner who then said,«l deliberatelysho him. -I will.be Wfait, what can save me P Nothing i" Tho pnsoner vucetiainly deepen^' r

and admitted when in tho cell that ho had not intended to bo taken so easily, and " it was well for the constables that they had boon in plain clothes!"

4t HERBERT'S END. When Horbort fell ho struck his face on tho ground, unci slightly grazed his nose. Constable Stewart and Mr A. Reside-wore first atlm side, Mr Resido turning him over and holding tho poor fellow's head up from tho ground. Several people ran off for medical assistance, but nearly twenty minutes elapsed ' boforo a doctor was found, Dr Bute- ; being tho first one, and Dr Douglas ' next. Examination showed the man ' to bo lifeless, and he was removed ' to the morgue, where it was found that a shot probably ' tho first had passed through ] tho right lung and struck the heart. Only ono bullet was found, tho ' haying told. Herbert, although not ' dead when Mr Reside first went to Jn'said, was toofargono to utter n M, and passed away without a ' or effort, his end being awfully ' -an, hut apparently painless, ' death claiming him within live ' minutes of tho time the fatal shot ! was fired, ' THE PRISONER, Sommerville is a single man, and states that he bolongs to the north of Ireland, Ho has, however, spent a good deal of time in the United States, and has a somewhat peculiar twang in talking. He is well-known j in this district, having worked on . many contracts, including Damgher's contract for the completion of ; the Mastertoii-Eketalmna section of the railway. He is over 40 years of , age; fully six feet in height, and ' stout in proportion; medium com- [ plexion with heavy brown moustache and brown eyes. He has been abAf: Mustcrton for the past two weeks, but not drinking. He frequented Mr Rea's billiard saloon a good deal and sometimes played a game, but is not a good player, an injury to bis left hand interfering with his play. While in town he wore a wide brown slouch bat, with no waistcoat; dark grey shirt and broad waist-belt, His manner usually was retiring, and he - appeared lately to be brooding over something. His manner to those with whom ho came in contact was courteous and not unpleasant, and he has evidently received a fair education, THE VICTIM, Arthur Herbert, the victim, was a man of about forty years of age, and brother to Messrs J, and 0, Herbert (well-known settlors), and to Mrs Charles Dixon, of Masterton. Ho was of a quiet retiring disposition, not particularly strong-built, with dark brown hair and beard, Ho had lost one eye by a kick.from a Aorso some years ago, and was HfijLeable on this account. At the time of his death he was attired in a dark suit of clothes and overcoat, all well-worn, his appearance being that of a man who had just left his work. Mr Jesse Herbert informs ns that deceased was married, his widow and seven children residing at Herbertville. Ho was one of a family of thirteen, and his terrible end comes as a great shock to bis large circle of relatives and friends. SOME NARROW ESCAPES. When Sommerville fired his first '. shot at Herbert, he was facing towards the north end of Queen Street, Mr J. L. Murray was standing at his shop door, unpleasantly close to the scene of operations, while Mr McHutchon had his car singed by the powder, when the pistol was first fired, A lady, with herwihild, was passing along the ]4B opposite the Club Hotel, and as two bullets struck the wall behind her, the danger she was in can be well imagined, IN THE CELL, Sommerville's conduct, since his ! arrest, has been quite cool. He has , taken his food,and talks in an uncon- ( cerned manner to the police ollicials ] who visit him. This m'orniug be i told Constable Collerton that what ho had done wonld "be a 1) — ' warning to all contractors who robbed their men." Last night Mr C. A. Pownall, who had been acting for the man previously, visited him, but, of course, the interview has not heen divulged. At about nine o'clock this morning Sommerville asked for a drink, and on being supplied by Sergeant McArdle, took the pannikin - and remarking " Here's luck," tossed off the contents. 4|the other shots. One of tho bullets fired by Sommerville, struck the lower part of the front of Mr J. Henderson's shop in Queen Street, opposite the Club Hotel, going fully an inch into the woodwork. The other bullet has not been found, nor yet any mark where it lodged. THE INQUEST. ; The inquest on tho body of Arthur Herbert was commenced at 9.30 a.m. to-day, before Mr T, Hutchison, District Coroner and the following jury;— Messrs W. R, Rone (foreman), Messrs W. C. Cargill, James Wickens, Ernest Mercer, John Savage and Chas. Pinkerton. Mr C, A, Pownall appeared to watcli the proceedings on behalf of Sommerville. After having viewed the body Sergeant McArdle asked for an adjournment till 3 p.m. to-day, which was granted. SOMMERVILLE CHARGED < f WITH THE CRIME. Sommerville was brought up at 10 o'clock this (Friday) morning, beforo Mr T. Hutchison, S,M,, and charged with wilfully shooting Arthur Herbert, on the afternoon of Thursday, Mr Pownall, appearing for accused, offered no objection to the application of the police, who asked for a remand till 10 a.m. to-morrow. Theremandwasgranted. The Court was densely packed, and even many who could not get inside, * waited at the doors and approaches, to obtain a glimpse of the man who had done this dreadful deed. The prisoner was cool and stolid, slightly flushed in the face, but otherwise appearingas unconcerned as possible,