The Second Day's Proceedings

Wairarapa Daily Times, Volume XVI, Issue 5099, 9 August 1895, Page 3

The Second Day's Proceedings

By Telegraph-Special Correspondent. Wellington, Friday, The second day of the famous mnvdor trial! Tho same crowd is flocking to the Supreme Court. { the weather is chilly, and w[sido a fow minutes ago I saw Domerville alight from a cab that has brought him from the Terrace Gaol.

He looked doubled up with cold as he stood waiting for the gate to opon, Tho jurymen havo justtakentheir ► Beats, and counsel nro in their places' , The hour is ten; prisoner is in the dock, and looks paler than he did yesterday. His Honor is seated, Charles McCausland is in tho witness box, and is relating what opportunities. 1 tie had of observing the prisoner's days of childhood in Ireland, Mr Gamy, gaoler, relieves McCausland in the box. MrJellicoe asks him if any difference in treatment has boon shown tho prisoner, as compared with other prisoners. This brought protest from the Crown Prosecutor. Mr Jollicoe varies the question and Mr Garvey informs us that prisoner has been kopt in strict surAijllancQ day and night; an unusual KJso of proceduro Mr Garvey admits, and accounts for it by saying that be noticed something in prisoner's demeanour. His manner scorned strange. Mr. Garvey thinks his peculiar , manner is natural nml not an effort or feigning of insanity. But Somervillo does not suffer from delusions. Prisoner has shown no violence or misconduct since incarceration, On being admitted, ho was very strange in manner; declined to answer questions, and remained dejected for about a fortnight. The gaoler leaves us to understand that prisoner's manner was peculiar, even allowing for the natural * depression under the circumstances. There is a skirmish between Bench and Bar, Mr Jollicoe wants to put to Mr Garvey, a question which does not meet with the approval of His Honor. Mr Jellicoo lights on, parrying and thrusting, and finally gets from Mr Garvey, that Somerville's appearJrco and manner were strange, ''frhe skirmish is not yet over. Mr' Jellicoo wants to know why social treatment was given to the man for fear of suicide? but ends without being of advantage to counsel Mr Garvey retires, and is succeeded by the first fair witness in the case. It is Mrs Mary Farland, of Palmersfon North. Her grandfather and prisoner's father were brothers. From the lady we gather history, but unlike the McCauslands she speaks as a relative of the ] risoncr's. From her closer observation wo k get the drunken habits of prisoner's ; father and mother; the mother was ; looked upon as a worse boozer than the father ; the children of this i sodden couple are described; three j sons—William, Sam, and Andiew j John. i Tho first wns born an idiot; Sam ]

to not smart, and Andrew was fond of his idiot brother, but was odd in his manner. »Tlio nickname of prisoner, amongst ' nffilubors of his family, was "The Giggler," for when asked questions, instead of answering, he would laugh. At this stage it can be noticed that Somerville is interested in tho proceedings. He watches closely the witness, His eyes do not blink ns much as usual, His head is more erect.

The lady tells us that prisoner, in ' bis youth, bad a delusion that people did not think as much of him as they should have done, and that a cousin was confined iu a lunatic asylum.

According tu Mrs Farland's evidence wo get an impression that there was never a family-tree like the prisoner's j so crippled with drink and imbecility! Tho lady is a second cousin to Somervillo, and her younger sister ■was subject to fits, so that all round ' their appears' a screw loose, In cross-examination the lady mnilingly agrees with the Crown Prosecutor, that she herself possesses a sound mind, and adds Mat it is a good job somo of family l&u 60und, Mrs Farland is a pleasant witness and speaks out. Shegivss her evidence without hesitation, and oxprcsses herself intelligently. She thinks Somervillo a fair workman, ► able to do a good day's work. i [Left Sittiko.l

Mr. JELLICOE'S DEFENCE, INSANITY ALLEGED. SOMMERYILLE'S PAMIL.Y HISTORY. HIS SCHOOLDAYS INIRELAND ' 2ty Telegraph.—Press Awriation. Wem.mitox, Thursday. While Herbert was retreating across the road, Somerville fired anothersbot, and Herbert fell shortly after. Cross-examined: Had known both men well, accused since 1894 and Herbert since ho was a boy. Somerville, after leaving Herbert's con-1 Jract, worked for the Akitio Road THpard until May last. Somerville , fjadbprno a gqod character during all this period! Was a gqod road iijan and his disposition—so far as witness knew—was fairly good. Ilaunoypr beard anything agiunst ■ liim. He was hardly tho kind of man witness would expect to commit murder. He told witness once that Herbert owed him £l9 for work he had done for him, but ho never expressed any opinion as to what he thought of Herbert. Somerville had never , appeared anxious to gp for Herbert in Court, Accused bad served notice qn the Board impounding money duo to Herbert under the Turkmen's Lien Act. Witness had told Somerville that he must either, withdraw this nqticc qr substantiate his claim, and principally in consequonce of this, Somervillo took proceedings, Witness know nothing of the sonndness or unsoundness of Soinerville's claims, Witness was <i itoraoned as the representative of mi Board to give evidence in the qase," Saw apposed'' frequently jiefqre tbqsase"\yai heard, ' Son]inervillo appeared all right and wit, new could not say that he was " on the drunk," Somerville bad remarked to witness that his money was nearly exhausted, and oil tho morning of the caßcSomorville said he had sold his horse for £lO. It was witness' opinion that Somervillo was a vory hard man to convinco, t for he was stubborn. Had nover ■ observed Somerville show any dull-.

ness or slowness in understanding what was said to him, When Somer-' ville dime up, just before the shooting took place, witness could see that ho was under the inlluence of drink. When he first came up he appeared to bo disposed to bo friendly with Herbert, Did not know what Somervillo- moant by his remarks (o Horbert, "You should not go against me." There was no appearance of any ill-feoling between the men; they were talking in the usual way, and neither of them was angry. Somcrville was standing still with his hands in his pockets. When the deceased replied that there was no money in the job, he did not notice anything particular about Somervillu. then the shot was fired, immediately Herbert said that there was no money in tho job. Somcrville did not exhibit the slightest fear when the police seized him. Ho said they need not bo rough, be would go quietly. Re-examined, witness said he did not notice accused do anything peculiar or strange during the two days before (he case was heard, Henry Cole, coach proprietor, living at Masterton, said that

Swnemile was in a temper when he came out of the Qonrt on the day of the murder. 'Somcrville said something lo the effect that it would he "fixed up" or "finished," but he could not make out what it was. Somcrville was referring to his case. Cross-examined: Somcrville could drink a good deal; ho would have "a whisky barrel inside of him, before you could notice it." Had not noticed any tendency to fight 01 dispute, on (lie part of Sonierrille, when be was under the influence of drink. He was a very nice follow, and the hist man witness would think would commit a murder. Did not think Somcrville was a little deaf. Thought ho was a sociable sort of fellow and easy to get on with, ami had never heard that he was not.

The luncheon adjournment was :hen taken.

On resuming W. G. Beard, solicitor, was called, who deposed that the case Somervillo v. Herbert had been adjourned by consent after the plaintiff's case closed.

Dr Biitcment said he had examined Herbeit's body on June (ith, when it was lying in the gutter. The wound in the chest was sufficient to cause death.

John .Savage deposed (lull, lie was talking lo Constables Collerton and Nestor when Herbert was shot. The man arrested was the man who fired the shot. The Constables ran to the scene and Nestor threw aroused down, The hitler said " Don't be frightened. I'm not going to resist," Collerton said " You scoundrel yon have shot the man," to which Somerville replied "He deserved it. He robbed me of two year's wages." Accused was under the inllueuce of drink when he lired the shot. Bid not think Soraerville noticed the approach of the constables nor seeirted to take notice of anything going on. Accused stood with the revolver in his hand, looking at the man he had shot. iSomerville showed neither regret nor remorse. Witness thought the man liring was mad or in the horrors. Had not seen accused worse for liquor before the day on which the shooting took place. William Cullon, commission agent, Jlasterton, stated that ho saw accused fire at Herbert. Cross-examined: Had seen accused about town two or three days before tho shooting took place. Uid notpay any attention to Somerville's demeanor. From what he saw he should say that he was not" on the drink." To His Honor: Somerviile was still pointing tho revolver at Herbert when he was arrested. Alexander Reside, Jlasterton, saw the last two shots fired by Somerviile at Herbert. Constable Nestor stated that while talking with Constable Collerton and Jlr Savage in front of the post office between 4.30 and 5 p.m. on the 6th June be heard a shot lired. On turning round he saw three men whom be did not know. Then, standing in front- of the Club Hotel, one of the men went into the road and another of the men, on the footpath, lired a revolver at him. The man shot cried, Ob, my God," and staggared across the street. As Witness ran up to tho spot, tho man with tho revolver fired a third shot at the man who was staggering across the road. Witness then threw the accused down and Constable Collerton took the revolver from him. " Witness said," You scoundrel, you have shot the man." Prisoner leplicd, "It was what the b— -deserved. I have worked for him for two years for nothing. I meant to do it. Let me up, and I will go with you quicty." Accused was them arrested. All accused . said was" Is he dead." There were three undischarged cartridges in the revolver.

Cross-examined; Accused smelt of liquor when arrested and djd not exhibit the least regret or remorse. Did not know whether Somervillo had sold his horse that day, Did not know how much money was found on Somerville.

Constable Collerton corroborated the statement of last witness as to the shooting. Heconsidered Somerville was perfectly sobor when in the lock-up. Somoryillo said that he would not letan'y man in the world have him. Did not warn him on his arrest that anything he said would be used in evidence against him. Somervillo was quite sober. Had always found accused an unusually quiet man. Did not think ho was revengeful. }[e spoke intelligently onough about the case. Had not observed thst he was slow in understanding what was said to him. Had noticed that Somervillo had a habit of walking about with his hands in his pockets, Believed him to bo a kind-hearted man, and not the kind of man who would commit murder.

Constable Stewart deposed that qn the night of the occurrence he told Somerville to gq to sleep as his solici : tpr would see liim in the morning. Sqmerville said ! ' \ deliberately shot the man. I wil| hang for it, What will save me ? Nothing at all, All tho solicitors in Now Zealand will uot save me," THE DEFENCE. This closed tho case for the prosefiutio'i). " • " [u opening the case fqc the dofencq Mr Jcllieoe'said it was unfortunately too true that tho prisoner killed Herbert. They had first to consider whether, from the nature of the act, that tho prisoner had in liis mind the horrible intention to murder the deceased. It might be said that prisoner's intention left no doubt. The prisoner's intention was affected by his drpnkonn'ess or inebrity, They could only find him guilty of manslaughter a«d not OHi'der, '

His Honor said ho was not aware of Mr Jellicoe's authority, Mr Jollicoe quoted a case and contended that the effectof the prisoner's drunkenness upon his intention, would have'to be considered, His Honor said if the man was so drunk, he must have lost his mind, altogether; he was deranged. They had always been told that voluntary drankeniieiis was not aii excuse or defence. After further argument, Mr Jellicoo said that he would leave the subject (o His Honor's direction, He would admit that if prisoner took the life of Herbert by a pistol shot, with intent to do grievous bodily harm, then he was guilty of murder, but if they were satisfied that his drunkenness caused him to form

the intent to murder Herbert, then

he was'only guilty of slaughtering. They had to consider whether the Crown had proved the positive intention on the part of Somcrville to murder Herbert.

Mr Jellicoe continuing his speech said; If a man was born with a predisposition to drunkenness, as soon as ho tasted intoxicants, his organisation was set on lire; a physical conflagration wns lit, and as in many cases it was only .quenched by an net of intoxication, such persons had no control over their natal proclivities, The crime of murder involved an intent. How in justice and fairness could an intoxicated man, or an inebriate, be guilty of a felonious design ? The next point they would have fo. consider was whether Somervillo was a responsible agent ? Was ho capable of appreciating his crimo ?

The prisoner here arose in (he dock and said he did not wish Mr Jellicoe to say anything as to his insanity.

Mr Jellicoe said he was a man with natural imbecility or a diseased mind, to such an extent as to be irresponsible for his acts. He would show that according to medical men theic were nine forms of insan-

His Honor; "Theie is only one form of insanity recognised here."

Mr Jellicoe went on to contend that Somcrville was suffering from a form of insanity as to drive him out of his reason to some desperate act of homicide, for which in his normal condition he would havo the utmost dread or horror. He would show that in this caso a spiteful impulso had sprung up in an imbecile mind, and driven the accused to deeds of violence, Ho would endeavour to satisfy them that tho seeds of natural imbecility were laid in the man's childhood. Thesano criminal who murdered amandiduotdoitunder (he eyes of the police ; that was the act of a monomaniac. The sane criminal did not admit his guilt afterwards. From the moment ho was lent to the Terrace Gaol he had been watched by the warders night and day. Why had he been watched night and day 'i Mr Gully: "Why?"

Mr Jellicoe snicl there could he only one answer ; it was feared that he would eillier commit suicide, as he was a person irresponsible for his acts. Scientific knowledge showed that the most dangerous lunatics were those who thought tliey were persecuted. No motive had been established for the crime. In conclusion ho would call evidence to show that the prisoner was in such a stale of mind as not to be responsible for liisiiciion,

Mr Jellicoe then proceeded (ocall evidence. Thomas JlcCausland, farmer, residing at Malvern, Canter-

bury, said lie had known the accused since lie was about threo years old. He went to school with him. He was no relation of Soniei'ville's. Somerville did not get along well with his lessons. The accused was stupid, and witness used to call him an idiot. Ho (accused) did not get along well with liis schoolmates, because he had such a vicious temper, If the least thing was done to liim he would throw stones or anything else. Ho never got beyond the second standard. He was not a sociable hoy, but used to keep by himself. Hedidnottakeanyinterest in anything. The accused's father was a very cross-tempered man, and witness was always frightened of him. His mother drank heavily, and his eldest brother-who was deaf and dumb—was a born idiot, This boy used to fire stones and try to kill witness and other boys, if he could. The prisoner was the companion of his deaf and dumbbrotbor. There was another brother (Sam), who was similar in disposition to tho prisoner. All tho neighbourhood knew that the boys were weakminded. Tho prisoner was always a little deaf, and thero was always some difficulty in making him understand what was said to him. He had no memory at all. The prisoner was just the same as he grew older. The prisoner had an uncle (Sam), on the father's side, whohad an idiotic son. Another uncle (William) came to Canterbury, and went out of his mind. The prisoner was no good at arithmetic in school. The prisoner came to see witness when lie came to New Zealand, seventeen yjars ago, and he was just the same as when he left him at Home as a boy. Tho prisoner was vory suspicious of his mates,

Cross-examined: Had not seon tho prisoner for the last 17 years until lie saw him in Court. Only saw him once when he called on him at Malvern. All the boys at the school were clever except the prisoner. He was not prepared to deny what had been said by tho witnesses as to the prisoner being a man of ordinary intelligence and good temper. Charles McCausland,of Courtney, Canterbury, stated that he went to a night school with Somervillo in Ireland. Somervillo's father was not an intelligent man, but very quicktempered. He did not care to be in company with him. Had seen him tako an oak stick to one of his boys for nothing at all. The prisoner's mother was an habitual drunkard, The prisoner was a stupid boy and witness bolioved ho was subject to delusions that other boys were always talking about him, He used to'throw stones at (lie other boys for no reason at all. tho prisoner had a passionate temper and his brother (the deaf mute) Would injure anyone if he could take thorn unawares. On one qccasion when coming from the night school the prisomer had jumped into a farmer's cart and cut open a lot of bags containing oatmeal which ran out on tho road. He saw no improvement in- tho prisoner's demeanour. When he saw h in \ JB he could have, got him a job there at ploughing, but be did "not do bo because hehad no sense. Thodaughtor of tho prisoner's cousin, lived in the suburbs of Christchurch, and the last time witness saw her she was quite silly. Tho prisoner at Hchool was called a kind of a fool j he was rather bard of hearing, Witness' experience of him was that he had no memory, and he put him down as very weak-minded, and be did not see that he bad improved since he came tQ Hew Zealand,'

Cross-examined; Did not know who suggested that he should be brought up to give evidence. Re-examined : He understood when he received the subpoena that a man named Campbell living in Wellington, whom he knew, was the cause of it. The Court at 6,30, adjourned until ten next morning, APOLOGY. ' Dear Sir—Wo have recently made a statement regardiag our Oavour Cigars, (which nre now sold everywhere at eight for Is 3d) to which objection has been taken, Wo said that the smoker received at. Bay, 2d each, a cigar equal in quality to the bes 3d smoto. We now retract, as the o» pressed opinion of good judges has satisfied ua that favours compare favourably with nuny cigars sold at lid, and tlioy are certainly better than any 3d article obtainable.— Youre, Ac., J. FsossiSD & Co.^-Advt,