THE MASTERTON MURDER.

Wairarapa Daily Times, Volume XVI, Issue 5100, 10 August 1895, Page 2

THE MASTERTON MURDER.

The Second Day's Proceedings

THE TRIAL,

THE SCENE IN COURT.

AN ONLOOKER'S IMPRESSION.

By Tclajmph— Special Correspondent. "Wem.ikc.ton, Friday.

After wo went to press yesterday, the case was continued as follows:

Mr Jellicoe is very much on tho alert, and loses no point favorable to his client. Ho notes the crossexamination, and is ready to object —and does protest whenever a question is put in a lopsided manner, but the Crown Prosecutor is exceptionally fair. It is half-past eleven when the lady leaves the box. She has given us a full history of Somorville's early years, and very interesting it has been. The fifth witness for tho defence— John James Forsyth—is now nuder examination.

He had known prisoner for the last seven years, and has employed him on several occasions. Somerville had always to bo shewn bis work, Ho seemed a bit slow; was slow in forming ideas; a dull intellect, and was not easy to get on with. Sometimes he would fancy bis employer had a down on him, without reasons.

He relates an instance: Somervillc bad his first finger and thumb shot off by a gun explosion, and because of tho accident, ho interested himself in getting him a job under the County Council in Hawko's Bay. But after being employed some time be was dismissed, and led people to believe witness got him sacked. There is a diversion at this pointSoinerville stands up by direction and holds up the injured hand. He seem pleased to exhibit it, and holds it up a few seconds. Tho paleness of the morning has worn off; his cheeks are ruddy and lie looks livelier. Forsyth gives us Somervillo's habits. He is addicted to drink and when drunk he thought him a dangerous man. On one occasion, when Somerville was intoxicated, lie went for a brick chimney with bis bare knuckles. Thecamp lifeof a road contractor is described, and Somerville's habits while at work are recounted. The prisoner is shown as a dull, phlegmatic individual; not interested in life beyong working, eating, drinking and sleeping. His general conduct was quiet and peaceful, but. when drunk ho was rowdy. The Crown Prosecutor beats into the drunkenness. "No more than is noticeable in the average drunk." Forsyth knew the dead man, and in his opinion prisoner thought a lot of Herbert—more than he did of witness. At ten minutes past mid-day, Bond Contractor Forsyth gives way to William. Hales, publican, of Herbertville, and Somerville's style of drinking. Ho spent all lie earned knocking about from one pub to another. Sometimes very little would intoxicate him; other times he could stand a lot,

"Quarrelsome man when in driiilc," the publican thinks. The gnu accident, in Hales' opinion, affected prisoner, for after its occurrence,his mind seemed troubled, and his manner nioro reseryed. Prisoner always bore a good name, and was straightforward in his dealings. He was suspicious, For instance, when sitting in a room with others, lie would—without causo—assume thattlioso sitting in the room were talking about him. This, tho publican thinks, was due to partial deafness.

Mr William Harkness, the seventh witness, faces Judge and Jury, He has known prisoner for five years, and was partner with him in the sub-contract of which we heard so much yesterday.

Harkncss has "been in bed for the past tliiee days, and is offered the option of being seated, but lie elects to stand, and gives us his impressions of his quondam partner. "Dull man, quiet; capable of working, eating;, slooping, and drinking, only," The prisoner looks attentively at his mate. His broivs pucker a little. We can only guess at bis feelings. Harknessgives thestory of a blackeye, which Somerville owned. " Blamed me for it," says witness, " but there was no reason." During the live or six months they were mates never saw prisoner the worse for liquor. Harkness explains Lloyd's connection with the snb-eontract; the amount he was paid; who paid him ; the time spent by witness and prisoner after Lloyd left; about the eight weeks when there was reference as to amount of work being done by others on the job, and Somerville arranged to leave, He gets an order on Herbert for £l9; Lloyd completes tho work and settlement with Herbert disclosed that there was nothing to pay Somerville. No £l9 nor yet was there; sufficient to have paid Lloyd's £22. With the conclusion of Harkness' ovidencewe reach one o'clock and the adjournment. On resuming at two the Court was more crowded. The case is developing in interest and besides there is an expectation of the case concluding to-day. Vain hope! lam afraid, for we havomedical testimony togetthrough and there are several of the experts to be examined. J. Anderson steps into the box as eighth witness for tho defence, and as soon as we hear his voice, it is evident he is a foreigner—a Swede. He, however, speaks clearly enough, and wcjleani he worked with prisoner for live or six months. He is questioned as toSomerville's habits, which ho details, and which corresponds in the main with the evidence of others. He characterises the prisoner as very childish and very stubborn, and a bit'suspicious." Somerville is watching witness, gazing at him keenly. Probably he is nnablo to distinguish tho foreigner's uttorances. Anderson tells us that Somerville was very great friends,with tlio murdered man, but complained he was a bad payer.

The witness shows how this tlebti of £l9 played upon prisoner's mind; talking about it to everyone—it was his great grievance. I Mr Jellicoe hammers away at the claim and the grievance; he kneads jit one way and then the' other; it is

an important point evidently, and skilfully handled by prisoner's counsel,

We get from Anderson tho kind of literature affected by prisoner, who generally reds tho Weekly Star, J _ Mr Jellicoe suggests this asasurojfc sign of lunacy, " star-gazing," ati#H we smile at counsel's attempt. 1 Howover, Anderson partly backs this up, by stating that, he thought him childish. He did stupid things m camp. A now feature in prisoner's character, we learn from witness, and that is that Somervillo is very fond of dogs and horses, and animals in general.

Dr. Chappie mounts the witnessbox as tho first medical expert. He has seen prisoner on two occasions for special examination. He found hint dull of apprehension; very slow in mental processes j suspiciousin his manner; carried his head forward and looked under his eyebrows in an eagor suspicious manner; " did not 6eom to appreciate the object of my visit." Ho made no attempt to feign insanity. Found him deaf. Obtained from him the histoiy of a kick, on tho head from a horse, which probably caused tho deafness. On tho wholo I judged him a man of low order, but not vicious. Mf The doctor educates us as to the effects of alcohol on men injured in tho head—as Somervillo—how they becomo maniacs. We are now being led into tho regions of insanity. Irresistible homicidal impulse is associated with one form of insanity, says Dr. Chappie. Impulsive insanity crops up, Sudden loss of self-control to tho detrimont of complaisant and rational conduct; its motive is violent action, explains the medical expert. Total disregard for surroundings ; total disregard for life and property, are effects. We are told that mental science recognises heredity of alcohol, and that habitual drunkenness in a father and mothor predisposes tho off-spring to insanity. " What would the doctor thiuk after hearing tho history of his family, and knowing prisoner's mental condition ?" asks Mr Jellicoe. The doctor thinks it all tends to insanity in tho prisoner, and woulA be taken into account by a medicflp man if examining the prisoner. Tho insanity question is kept well in the foreground by prisoner's counsel. " Assume this set of facts, Doctor, and what is your opinion." Again, yet other facts aro trotted out, and the view it presents from that sido is elicited. Dry, technical jargon, interesting, no doubt, to experts, necessary evidence to bring forward on prisoner's behalf, but dry for all I that.

The sparring which takes place ' between the opposing lawyers and the Judge affords some diversion. These learned gentlemen know all about what is being said, but to tho rest of us it is slow business. Mr Jellicoe asks Doctor Chappie to assume, but tho assumption caso is long-winded—takes many minutes to recite. His Honor trips up counsel, but he, ready: "I am doing this on the authority of—nnjl he quotes a case decided some tinw ' ago somewhere else. This assumption problem hangs us up for a time. The Crown Prosecutor objects, and fchero is n crossing of swords between Counsel and Judge. They split straws to the finest threads, and take up some time in doing it. It is a relief to tho rest of us as we cot a moment to yawn, sneeze, cough and shift our positions. The point is settled '' against the Crown Prosecutor. The doctor assumes from the case that there was an absence of motivo on the part of prisoner for enmity ae;ainst deceased, and the absence of such motive in tlio face of such violent action of shooting, indicated a, kind of insauity which in mental science is called Impulsive Insanity. Tho Doctor was of opinion that Somerville's conduct, beforo and after tho tragedy was consistent with the action of both a sane and * an-insano individual. Confirmed criminals, sane in mind, with strong motives, often act with similar violence. J The Crown Prosecutor fakes thA Doctor in hand; he too, worries tllof theory of impulsive insanity, but in a different manner to Mr Jellicoe. This is very apparent. He and the Doctor are fencing: tho Doctor raises his voico; annoyed, perhaps, for they are splitting fine hairs. v The Doctor fights. We are still with impulsive insanity, and it is tho Crown Prosecutor's turn to show ire : "The definition of impulsive insanity, liko a good many other medical terms, is not complete," observes Mr Gully. "It is!" says Dr. Chttpplo; and wo smile.

The proceedings do not interest the prisoner; lie is looking down iu his pit. Yesterday whoa insanity r cropped up he protested, but to-day the word has no effect upon him. The Crown Prosecutor evidently thinks the oxpert testimony is the strongest plea of the defence, and he i therefore heckles Dr Chappie with pointed questions. They all lead up to the samo thing, and the Doctor gives us vory much the samo information in answer to each. However, the matter ~jk■- ■ thrashed out; but impulsive insanitV is still in our minds. * .' _ Now we go to the Doctor's examination of the prisoner about ten days ago. Indifferent to his fato and surroundings, his whole demeanour suggested dull intellect, apathetic, slow to appreciate matters. Prisoner did not seem incapable of understanding what he had done: he was conscious of having committed murder ; so says Dr Chappie. And, again, the Doctor informs us that be does not think prisoner was * labouring under disease of tho mind * to such an extent as to render him incapable of understanding the nature and quality of his act, or that such act was wrong, when ho committed the crime, but oxplains that consciousness that thoact was wrong, is not inconsistent with the loss of self-control. Mr Jellicoe is worrying over the points, "natural imbecility," and "mental disease," two terms by Act. He and the Doctor akP, wrestling with the tonne, and endeavouring to define thorn to apply in tho present case. Dr. Chappie has had a tang turn and is not sot freo until 5 His Honor intimates that he will adjourn the case at 5.30 p.m. - - Air Jellicoe advises the Judge that ;,tho evidonce of the witness,, Dr. (Pollen, who is already in the box, will cany us over the half horn's V: with the result that the Court rise, immediately, and the case is pro. longed into the third d&y,