THE MASTERTON TRAGEDY.

Wairarapa Daily Times, Volume XVI, Issue 5046, 8 June 1895, Page 2

THE MASTERTON TRAGEDY.

THE ADJOURNED INQUEST « a VEEDICT OF WILFUL T MURDER, I o Tho adjourned inquest into the circumstances connected with the i death of Arthur Herbert, was held t yesterday afternoon before Mr T. • Hutchison. Alfred Bradford gave evidence | that he sold the revolver produced I to a man on Thursday. Je6SO Herbert, sheep-farmer, gave evidence that the body now lying at i the Morgue was that of his brother, ' Arthur Herbert. Deceased was '• about 37 years of age, Last saw his brother alive about ten months ' ago. Deceased resided at Herbert- ' villo, Hawlce's Bay, and was a married man withafamily, Alex. McHutchon, sheep-farmer, ' residing at Whakataki, gave evidence that he was in company with deceased Arthur Herbert —on Thursday afternoon standing on the pavement near the Club Hotel ' verandah, A man mimed Andrew Sommerville came up and said to deceased," Will you have a drink ?" Soranierville's hands were in his trousers pockets at this time, Herbert replied he would have a drink, Sommerville then said " You should not go against me, Herbert." Deceased replied that lie had not gone against him. Sominervillothon asked if he had not worked for Herbert like a man. Herbert said " Yes, and didn't I treat you like a gentleman?" Sommerville said "Windid you not pay me my money ?" Herbert said there was no money in the job. Somraervillo immediately on this pulled his right hand out of his trousers pocket with a pistol in it, and saying " Take that you b -" lircd at Herbert. Tho two men were between three and four feetapart, and the pistol almost touched Herbert, Asecond shot was lireddircctly afterwards. Herbert and witness wore leaning against the Club Hotel wall at the time. After tho first shot, witness stepped back dazed with the noise in his ear. Herbert took a step after the first shot, towards witness, when the'second shot was lircd. Herbert said "Oh my God !" and put his left hand above his head and ran about half-way across the street,whon a third shot wenloff, fired by Sommerville, who at each shot said " Take that!" Herbert reeled and fell just by the gutter on the opposite side of the street. Sommerville followed Herbert up and was walking when the third shot was fired. Constables Collerton and Nestor came up and caught Sommerville, wresting the weapon from him. Witness went over to Herbert, and looking at him saw ho was a dead man. To the jury: 1 know' of no animosity between tho men, other than the late dispute about wages, To the Coroner: I cannot say whether the first or second shot took effect, but after the second shot I saw what appeared (o be smoko on Herbert's waistcoat. The conversation between Herbert and Sommerville was carried on in a quiet and rational manner, and there was nothing to lead witness to believe that anything serious was about to happen. I thought Sommerville had had a few whiskies, but he was not drunk, Herbert never moved until tho shot was lircd. I infer that Sommerville had the revolver grasped in his hand when he came up. By Sergeant McArdlo: In mv opinion not more than a minute elapsed after the first shot, before the man was in custody. Constable Nestor gave evidence that at about 20 minutes to five o'clock, he was standing in company with Constable Collerton and Mr Savage in front of the right-of-way leading to the Police Station, when hearing a shot ho looked up towards the Club Hotel, and saw a man who ran into the street. The man said "Oh my God " as he moved across tho street to the other side, thootlier man who lired the two shots, followed up and firing a third shot, He caught hold of the man who fired the shots, throw him down, and Conslablo Collerlon caught bold of the hand holding the revolver and wrenched it away. Witness said, " Yon scoundrel, you have shot the man." Tho wounded man fell just as witness caught his assailant, The man ho held (Sommerville) said "Thob —deserved it. I worked two years for him for nothing, and I meant to do it." In company with Constable Collerton thoy brought : Sommerville to the lock-up, Witness identified the revolver as the one taken by Constable Collerlon from Sommerville. All the chambers ' [were full, three cartridges being ' emptied, showing that three shots > had been fired, The man arrested gave the nanio of Androw Sommer- ! villo. i Constable Collerton gave corro- ' borative evidence, and stated he had knownSominervilleforsonie months, * Ho had been working for deceased, Considered Sommerville a quiet man. Ho was quite cool when witness caught hold of him, He seemed to have had a few whiskies, hut was sober. Sommerville kept his eye on tho deceased, with tho pistol pointed at him till the weapon was taken away. q Dv Butement deposed to being L called and on examining the ? wounded man he found life extinct. ? There was a considerable quantity c of blood on the chest, and fur- t ther examination showed a perfora- ii tion on the front of tho chest, to the tright of the breast-bone about the ? junction of the second rib. He found " that there were perforations in the jj man's shirts corresponding with (hat t j on the chest, Thore were no other p wounds on the body. Ho concluded n that the bullet or whatever had il jutered the puncture on the chest, « injured tho-large vein leading to the lienrt and had probably passed " ihrough the inner edge of tho'right ?' nng. As there was no outlet for the j Juliet, ho concluded that it had j odgedinoneof the bones of tho G ipinal column. Death he attributed a: :o hemmorhage and shook, one of * ho man's nerves loading to tho leart being probably injured, which f if itself would cause death, " ( By tho foreman: Mado a super- jj icial post mortem and found only one p vound, which of itself was sufficient ff o cause death, 1V This was all the evidence and the a kroner said if thoy believed.the r < ividencoof Constables Nestor and r( Jollerton their duty was plain, After, a short retirement the jury j; ound a verdict of wilful murder tc gainst Andrew John Sommerville. tl

SOMMERVILLE BEFORE THE S.M. COURT. The Masterton S.M. Court was closely paoked this morning, when , Andrew J. Sommerville was brought up on remand before Mr T. Hutcbi- W'-' son, S.M.. Mr W. H. Beetham, J.P., also occupying a seat on tho Bench, Sommerville was formally charged with the wilful murder of Arthur Herbort, by shooting him on the afternoon of June 6th. Mr 0. A. Pownall appeared for Sommerville. Alfred Bradford, gunsmith, of ' Masterton, gavo evidence similar to that given at tho inquest, and identified the prisoner a 8 the mnn to whom he sold tho revolver on Thursday last. At the prisoner's request he had loaded the revolver and showed him how to use it. By Mr Pownall: Thorevolver was brokeu when he got it and he repaired it, He knew the revolver although it had no distinguishing V mark, but would swear to it. Alox. McHutchon repoated his ovidonce as givon at the inquest j» -. and which appears elsewhere. By Mr Pownall: As far as he ** knew Sommeryille's disposition was quiet and peaceable, and he had not known him to be quarrelsome Did not know personally of any disputes between Herbert and his men. Remembered a man named Burling suing Herbert for work done at Aohonga. This was for cartage of timber on tho same coutraot. He did not knovr of any dispute between the men till Sommerville came inDecember or January, to give notice to stop certain monies comiug to Herbert from the Board. Prisoner did not show any passion when he came to give the notice. Tho accused stood still when. he asked Herbert to have a drink; neither moved towards the hotel. Ho did not remember having sem Herbert in the afternoon. Had soeift Sommeryillc having a drink at thW" Occidental Hotel shortly after leavtho Court. Herbert was a quiotmau, not given to much talk. He did not seem annoyed at tho accused speaking to him in the manner be did. , The accused spoko to Herbert in a complaining tone when talking to him, especially when saying " You should not go against me Herbert," . Herbert was bctweeu witness and accused when the second shot was p fired, both first and second shots took place when all three were on tho . footpath. There was a clear peri ceptable pause between the first and second shots, but a little longer 1 between the second and third. Accused had walked to about the middle i of the street when captured. Ho | appeared to walk loisurely along . looking at Herbert, Accused did not | address witness during the inter- . view. His whole trouble was with i Herbert. . Re-examined: In the opinion of , witness, the first shot was aimod at • Herbert's body, , Constable Nestor repeated, in siib-jßij. stance, the evidenco given at , inquest. Witness had spoken to the l accused, at the Post Office corner, about 3.30 p.m., on tho same day, he . being then in company with a man i known to witness. Sommerville was then sober, When arrested, drink ■ could be smelt on prisoner. , By Mr Pownall: Accused was not , excited when taken to the lock-Up, Saw him again lialf-au-bour afterwards. He was not thon talking . very much, Constable Collerton gave ovidonce : which was a corroboration of, and similar to that given by Constable Nestor. By Mr Pownall: Knew both men. i Always found the accused a quiet man, not quarrelsome or revengeful, Had known Herbert about ■ twelve years, Did not know, of his own knowledge, that he was in the habit of having disputes with his, men. Had heard of such caseslL Herbert was a decent, respectablin > man, and had very little to say. In tho cell the accused was not talking rapidly, or to himself, in a somewhat excited manner, but was communicative, till Mr Pownall advised him to keep his mouth closed. This was all the evidence, and Mr Pownall said that ho would reserve his defence Accused was then committed to fake his trial, at tho next sitting of the Supreme Court, at Wellington. THE PRISONER'S CONDUCT Sommerville, since his arrest, has continued quite calm and unmoyed. He has referred very little to tho affair or to his position since yester- j day. Ho passed a quiet night and was quite choorful this morning, audv spoke pleasantly to the constableJt and his solicitor. During the ovideuco he leant against the dock with his arms folded most of the time, taking an evident interest in the proceedings, Kach witness was keenly watched by the prisoner, while giving eyidence, particularly Mr McHutchon, who has known both Sommeryille and Herbort for a Ion? time. Somraervillo signed tho charge sheet, after his committal to-day in a clear hand, without tho slightest tremor. He will be taken to Wellington this afternoon.