THE MASTERTON MURDER.

Wairarapa Daily Times, Volume XVI, Issue 5099, 9 August 1895, Page 2

THE MASTERTON MURDER.

♦ THE TRIAL. THE SCENE IN COURT. AN ONLOOKER'S IMPRESSION.

By Telegraph—Special Correspondent. WEi,HXGTON,Tliursday.

After we wont to press yestorday, tho case was continued as follows:

Referring to the utterances of the prisoner when ho was arrosted, Mr McHutchon said he was very much surprised that Somerviile exhibited not the slightest fear when the constables took him (o tho police station.

We now get a glimpse of Coolgardie, from the nmi.itions asked, but Mr McHulchon knows nothing about it.

Somerville Ins sat through the cross-examination gazing intently at Mr McHutchon, but occasionally glancing at the counsel. Mr Jellicoe his done with Mr McHutchon, and the Crown Prosecutor takes him in hand. Again ho revolves round the revolver, The sentence " Tako that, you b —," when the first shot was fired, is examined very closely by Mr Gully. The details are again given very fully, and it is noticeable that the prisoner is now sitting upright on Ins seat, apparently taking a greater interest in what is going on. It is a momentary intorest, howovor, and he lowers his head again, taking up his old position of peering at tho witness,

The question of tho prisoner's intelligence conies under discussion. "A man of average intelligence," thinks Mr McHutchon, "requires to know something about business."

This witness has been over an hour in the box, but is presently releasod, to bo succeeded by Mr Henry Cole, who gives us the sceno outside the Court-houso, immediately after the adjournment. "The state of mind of the prisoner at the time," says Mr Cole, " was that of a cross man," but Mr Cole cannot swear to the exact words that passed between them. " Finished" seems to have played an important part in tho conversation, but its bearing could not be given by Mr Cole. His examination -in - chief was short, and then Mr Jellicoe handles him,

Here again crops up tho question of drinks. Colo sajs Somerville would get a barrel of whisky into him before he know it. The crowd smiles audibly. It is the only break we had all the "morning. Colo thinks Somerville, as a mate, good and kind, and easy to get on with. With the conclusion of Cole's evidence we reach one o'clock, and the Court adjourned for lunch. We moot again at two o'clock. How long will tho case take ? We can only surmise. The Crown Prosecutor has about thirteen witnesses to call, while for the defence a similiar number will give evidence, TVonty-six witnesses in all! and so far only three have boon called. Immediately the Court resumes, wo get from Mr Beard, a clear account of the lawsuit, Somerville v. Herbert; the details of tho action; and the cause for adjournment. Mr Jellicoe, in cross-examination, brings out that little incidont of Somerville going into tho dook instead of the witness-box.

The prisoner now takes a keener interest, and when Dr. Butement is called in succession to Mr Beard, lie shows no change. From the doctor we get the particulars of wounds; the course of tbe first bullet is given; its deadly work is described with professional calmness. The doctor's stay in the box is short, and the defending counsel does notquestion bisovidenco. John Savage is the next witness called, He tells us that lie saw prisoner fi re t-hrceshots, and described tho arrest by the two constables. " Don't be frightened, 1 am not going to resist" came from Soraerville as he fell to the ground, Cross-examined; We get Mr Savage's opinion as to whether prisoner was drinking, and he gave it as his opinion that on the day of the murder Somerville was under the influonco of liquor. William Cullen follows, and gives the story of tbo shooting, as it appeared to him. It who lie who saw the last gasp of poor Herbert, wbo.ie body ho turned over soon after be fell.

The eighth witness is Alexander Beside, who witnessed the second and third shots fired. Tolls the Court that be holped tho last witness tp turn the body over, Ho saw tbo wounds and described their locality, He fixed tho lodgment of a bullet in a tailor's shop, but this was not'till the day aftor the murder. Reside giyos place to Constable Nestor, whose responses to the Crown Prosecutor, aro monosyllabic at first, but presently be becomes descriptive, and we get a graphic account of what he saw. The mode of arrest—bow lie throw Somervillo, how Collerton wrenched the revolver out of tbe prisoner's band—"You scoundrel, you have shot the man!" "It is only what the b— deserved: I worked for him for two years for nothing: I meant to do it I pot me up and I will'go with you." ' Tho prisoner' was Ifjtiged' ju the' lock-up and was subsequently charged with murder. The cross-examination of Nestor' shows that Somorvillo whon arrested smolled of liquor, exhibited uo fear, and expressed no reijiorse.

Constable Collorton stops into tho witness box in succession to Nestor and confirms his evidence. Collertou tells us thai the urisonor smqlled strongly of drink, but in' the Constable'is opiuion he was sober enough. After Sqmerville was in tlje Iqck-'up he stated that be would upt let any uiau iii New '/wh]\& or in the wprl<} have him.

The constable gives us his! opinion of Soraerville's habits, disposition and reputation. Generally looked upon him as a quiot man, not particularly talkative, and the last one likely to commit murder.

It is twenty-five minutes to four, when Constable Stewart, tbeeleyenth witiiesß is called.'''""'' '"'"'' : ' " Tbgqrowd'bwvisiblyincreasedin the ladies' ga)]ery t]iere are a score or pro pf bpnnets.; the jurymen are sittjng jn every conceivable attitude ljkely to give comfort, Tho prisoner has soaroely vai'iedJiU: [posture all day; his eyes are on a level with the top_ of the dook, and look in the direotion of the witnessbox, which is, as I have said, occuI pied by Constable Stewart,

We get a glimpse of what occurred in the Lock-up; Witness searched —l7s 6d in his possession. A sorap * of conversation—Sotnerville's remark,." I deliberately shot tho man: I'll hang for it. What will save me ? -Nothing! All the solicitors in New Zealand won't sayo me!" v . The Constable's ovidenoe nlosW' the case for the Crown. 'JA': Mr Jellicoe pleads for a adjournment—" I did not oxpect my friend to close 60 early." But Mr Jellicoe does .not press the matter—"lll go on Your Honor" —and forthwith sots up his plea for the prisoner. " Unfortunately it is that the prisonor at the bar killod Her- *• bert." Turning to the jury he says impressively, "You have to be satisfied that the Crown has established quite independently of anything else that the prisonor had in his mind a positive intention to murder the deceased."

Early in his speech MrJellicoW gets into a skirmish with the Judge, and copious quotations from a case decided by Mr Justice Stophonsiu 1887, do not move His Honor, but subject to His Honor's direction, Mr Jellicoe puts his case in his own way to the Jury: "There are many people born into this world with a predisposition for drunkenness "; and ho works round this point deftly, finely. "The sins of the fathers visited on the childrejw says Mr Jellicoe, and he elaborate* the theory. "A person so afflicted does not know his own weakness aftor ho has once tasted liquor," Ho hammers tho drink effect thread-bare, and Blides into another position-" Was the prisoner responsible for his act of appreciating his crime ?"; and wo get a loarned disquisition on insanity, tho responsibilities of the insane, the degrees of insanity, and 60 forth.

Mr Jellicoe's voico rings clear and his style is impassioned and impressive, his client seated in the dock, gazing fiercely at the pleader. Suddenly Somerville rises, and protests to his solicitor—"l am quito sane!" " The interruption is unexpected. Mr Jellicoe soon gets ovor it, but clings to his theory of insanity. He says to the jury: " I suggest to you an inherited tasto for drink; and if drunkenness is the cause of insanity, and by insanity I mean disease of tho mind or natural imbecility, and a crime is committed by a person of that condition, the criminal acfciL such a person is the act of an \wT sponsible agent." Ho labours with insanity, churns it in every possiblo ( way. The jury is interested, is listening intently, the listless attitude has given way.' Mr Jellicoo ploughs along. He gives us the story of the ordor from Harkness to Somerville, on Herbert —the stupid interpretatio* of that order by Somerville. " The prisoner had this settled on his mind that Herbort was indebted to him, and nursed it as a grievance. For eightcon or twenty years this man has been in Noir '' Zealand; has been in constant employment, and was looked upon as a decent fellow, with no one to look after. He is in possession of £29 when he conies into Masterton, and when arrested, he has 17s Gd in his pocket! What lias become of the rest P"

Mr Jellicoe intends, evidently, that no one could doubt that the money was spent mainly in driuLii He leads up to tho tragic dajW ' describes the probable feelings of the prisoner, the impulse: his hand was in his pocket, feeling the weapon, the conversation was on tho supposed claim, tho pistol was out, and "the deed was -done!" He paints the scene, he suggests the cause—the work of a monomaniac. The pianissimo of his yoice is penetrating and impressive, We get a glimpse of tho lock-up, tho anxiety of the police, their watchfulness, their treatment of the prisoner—their fears' of suicide, This last word suggests temporary insanity, and Mr Jellicoo points it out.

It is ten minutes to five o'clock before Mr Jellicoe speaks about concluding his address, aud he begins by thanking the Crown Prosecutor for putting the case fairly beforo the jury and winds up with an earnest appeal. At seven minutes to 5 p.m., Mr Thomas McCausland, a farmer of Marlborough, enters the box as the first witness for the dofence. Ha knew the prisoner in bis thoy went to school together 'fof Ireland and were chums.

We get the early history of Somerville. He was looked upon by his schoolmates as an idiot; easily put out of temper and very vicious when put out. Generally of a retiring disposition. Somerville jwrc was an old soldier, who also owned a vigor- ■ ous temper ; and Mrs Somervillo used to drink heavily—not the kind of parents to make one proud! Prisoner's eldest brother was bqrn an idiot-doaf and dumb-neyer. able to earn his living. In hjs youth Somerville and his. brqtl|er Were looked upon as. idiots in the neighbourhood in which tbuy lived, His uncles and their children , were idiotio, aud altogether, McCausland gives you the idea by his evidence that the prisoner not only bad imbecile relatives, but is also something more than a bit of a fool himself. Charles McCausland also furnishes us with early history, and raises a laugh when he describes the mother of Somerville as" sometimes sober." Prom this witness we learn that prisoner, was subjeqt to delusjcwf when a boy, and" he (the could then form an opihion-at'any rate he ought'to be able to —at 24 yeac6of a'gi|; ''" '• " A little incident at school, when Somorvillo took a ink bottle out of tho dosk and shot it at the shoolmaster, causes tho listeners to laugh, but the sharp " Silence I Silence!" of the Court orderly stops the hilarity, We get other little stories from the wituess toillustratethe stupidity of Soineryille in the days of bis <" boyhood, When returning frqm, fc night-school, prispner, witness, and ' their mates met a farmpr driving a, cart lqaded with bags qf qalmea], anil tbo prisoner slipping in behind, cut the bags so that the contents slowly escaped, Watching Somerville in the dock, thero is no doubt that he is interested in tbe evidence of the McCauslands: it takes back the memory to schooldays, always pleasant to most of nJH Someryille is very attentive, his is tbrpwh On'gne sitje, and hg'ig steady observing dharlos McCausland. It is 6 p.m. as I write ibis line, and we have been listening to tbe case without a breakfrom Bp,m, Since the MoOauslands have given evidence we begin to understand the liuo of defence to be taken: Counsel preparod us for it. The ovidence of 0, McCausland takes us over six o'clock, and the day's proceedings £ are brought to a close,