THE MASTERTON MURDER.

Wairarapa Daily Times, Volume XVI, Issue 5101, 12 August 1895, Page 2

THE MASTERTON MURDER.

The Third Day's Proceedings, THE TRIAL CONCLUDED.-, If Verdict of" NOT GUILTY." By Telegraph.—Special Correspondent, Wellington, Saturday

After we went to press on Saturday afternoon the case was continued < as follows: And 60 the doctor Bums him up. These symptoms, Bays the doctor, all going to point to congenital insanity, and gives the impression that he was a man subject to melancholia. L " What offect would alcohol have* on a man with tendencies to congenital insanity," asks Mr Jellicoe. There is a crossing of swords as to the'jdifference between a drunkard and inebriate. Mr Jollicoe wishes to use the lattor word, and suggests that the man who goes for a brick chimney is an inebriate. Tho Doctor lets hs understand, in answer to the question, that nuch a person would be liablo to an acijtiti attack of congenital insanity. Now wo get th'.j family history tacked on to the Doctor's examination of the prisoner, and taking the two together, would strengthen his opinion that the prisoner wns liablo to acute attacks of insanity. ' Mr Jellicoe next associates the history of tho prisoner's childhood with his prcsont condition, and flops it down before Dr. Pollon for examination, with "Whalt do you think of that." " They all point to insanity,with a tendency to acute attacks." Mr Gully is driving away in every direction. Tho consistency and inconsistency of tho symptoms and we still hear of impulsive insanity and impulsive suicide. "Is not this deliberate act of tho ' prisoner's against the assumption of insanity p" asks Mr Gully. " It is both consistent aud inconsistent with insanity " is tho reply, and the Crown Prosucutor cannot understand it. Dr. Chappie gave him the same answer yesterday. It is mid-day before the Crown Prosecutor finishes with Dr Pollcjt who again comes under the care"Bl defending counsel. " I think you told my friend, says » Jollicoe, that prisoner was a good specimen of an imbecile." " Yes," roplies tho Doctor, " ho shows all the symptoms laid down in text books." The Doctor's evidence has been most important. His Honor, too, questions the doctor more than he has done other witnesses. The evidenco is weighty and we all feel it is to be so, We get a change. Medical evidence gives way, and we havo James McCausland, of Hastings, a doctor's coachman. He know prisoner in tho Old Country; went to school with him for about live years. This McCausland, liko tho other McCauslands who were up yesterday—gives us the early history of prisoner. We havo heard it all before, but o, little incident, not beforo related, iijL , that 011 one occasion when prisomr was about sixteen, ho attacked his idiot brother, threw him down and was choking him when witness and some other boys separated them, James McCausland gives us another incident illustrating a peculiar temperamout of the prisoner. At tho age of eighteen, on ono occasion Soinerville was helping McCauslaud's father to make a boundary fence. Somerville was late to work one morning and McCausland, senior remarked on the fact, When tho prisoner seized an axe and was about to assault the old man, when witness and his brother rushed in and managed to sayo their father, who was at the of the incident,sixty years of age, Somerville gazes at McCausland in the same way as he did at the other McCauslands yesterday. It is noticeable that ho does not , blink his eyes so much, and altogether he seems more settled. At ten minutes to one Dr Teate displaces McCausland and opens with a request to bo sworn according the Oaths Act, 1894. This ties vM up for a few seconds, as Dr TeareX thinks the oath must bo administered by the Judge, The Statute is requisitioned and tho clause read, aud the Doctor is sworn according to tho Act. Insanity is soon to tho front and is kept prominent by Mr Jollicoo's questions. We have tho degrees, typos and forms of insanity. Delusions, natural imbocility,congenital imbecility disease of tho mind. A repititiou of what we hud front Doctors

Chappie and Pollen, Wo adjourn for lunch, however, before Dr Teare tells us much. Dr Teare resumes his position in the box w hon we meet at two and llr Jollicoe fires latent tendencies of insanity into him. _" Can they exist without being disclosed ?" " Yes," replied tho doctor. We are informed suicidal propensity is a symptom of insanity. He found prisoner very tactitura and it was with some difficulty that he could get answers from him. His memory was very defective; he didjt not seem to appreciate his soriouS position ; seemed a good deal selfabsorbed and appeared to take little interest in things going on around . him. Witness thought his intellect very defective. This is the Doctor's summing up of tho prisoner, (is the result of personal examinations, Furthermore, the Doctor tolls us that after hearing the family story, ho is of opinion that prisoner is of unsound mind. Tho personal history of prisoner confirms the Doctor's opinion. Mr Jellicoe focuses certain sets of facts, and holds them up to the Doctor's view; then another set of circumstances is plumped before him. lbey all lead up to the samo j thing—insanity— and the Doctor says so. Grand defensive tactics Mr Jelli. coe displays; cool, collected and wary. It is wonderful the number of different ways hocanputthesama. question. Just as ono fancies somjji/ thing new is coming, the answer fronTr witness leaves noroom fordoubt that wo hayo had the same old question in ; a new dress. Dr. Teare thinks with Dr, Pollen, ! that prisoner was insane when he. committed the act. Tho cross-examination by the. Crown Prosecutor only serves to ■ transfix in the mind the opinion. The fencing between Mr GuljPT and Dr. Tearo is good and lively, ap - lasia Borne time,

Thoy cut, thrast, and parry, but tho Doctor sticks to his points; and flings mental science and toxt books at counsel. Tho lawyer teases tho doctor with some sharp questions, and by split hairs, This subject of insanity has many «ivsoß, and wo get glimpses of it in many sides. It is wearisome, but wo havo to endure it. Mr Jollicoo handles tho Doctor again. He puts tho question which tho Crown Prosecutor has been hammering at, but Mr Jellicoe rounds thorn off in a seductive stylo and Dr Tearo-after two hours battling—is let out just before four o'clock to be succeeded by Dr.Fookes. Tho Medical Superintendent of Mount View Asylum is an important

witness, and his appearance in the box renews public interest in tho dfaso. Mr Jellicoe sails into him with the samo questions put to the other medical gentlemen, and this specialist's confirmation of their opinions is groat evidence for the defence. We get some peculiarities of luuatics; what mad people do sometimes. Dr Fookes has examined prisoner on four occasious, and sums him up thus:—"His manner during the

interview was characterised by a tout of power of sustained attention. "jPtvas difficult to make him understand questions. Ho was obviously deaf during examination, and had the babit of looking round in fear ; in tho same manner as though expecting some harm. His demeanour varied considerably, comparing ono interview with anothor. One day ho was particularly dull; another fairly reasonable. His memory was most erratic; that is to say when asked the questions if his father, or mother, brother, or sister suffered from any illness or were afflicted, to the general questions he said " No." Ho also replied in the negative to a separate question about each person. Yet, subsequently, when specially questioned on the point, he admitted having a deaf and dumb brother.

In the matter of accidents—particularly of any about the head—he spoke of one only ; that of a dray passing over his head," The Doctor details some conversation he had with prisoner and wo learn that Someryillo was under the belief that Harkness. and Lloyd down upon him, because he 110 good at blasting. " There, do your own b— blasting," is what Somerville said to his mate ; so wo learn from the Doctor Also that prisoner was under the impression that Harkness had joined Herbert to keep him out of his money, and he presumed that Herbert paid Harkness to do so. We are informed by Dr. Fookes that he examined Somervillo since the trial began, and questioned him why he interrupted the proceedings on the first day. "I thought someone said I was < mad, I'm not mad," was prisoner's reply. Somo further conversation is I related. The Doctor told Somervillo it was a case of hanging or going to the asylum. "Is that it," rejoins Somerville, and being pressed for his opinion, remarked, " I thought I should get off." The Doctor informs us that SoinerJllo attributes his memory of events ' tragedy, to questions asked by the police after the inquest, and at the proceedings in the Lower Court, As a result of his examination purely, the Doctor tells us that ho I thinks the prisoner is insane; from evidence, the Doctor says, Somervillo has always been a congenital imbecile, and was insane at the time

of the commission of his crime.

Speaking deliberately, he would, > on his examination, unhesitatingly a sign a certificate of lunacy. Dr. Fookea' testimony is power- 11 fully cleauand conclusive. Summing a up ho characterises Somerville as a c congenital imbecile, with a tendency K to melancholia and impulsive insan- s ity. rr Mr Jellicoo twists and turns J insanity about, and plays it every way, so that the jury caunot fail to appreciate it. Tho Crown Prosecutor recognises J ' tlie export in Dr. Fookes, consequently ho tackles him with care, j' "Why doctor?" wo hear from Mr ' Gaily every other moment, and Dr. ® Fookes explains. They spar, skirmish, fence, and Williantly they do it; but it is diffi- ° cult to get on the blind side of the medical evidence. 3lr Gully, however, pegs away, s and presently the doctor trips him c up. ' ■i " Well I can't see that," says Mr Gaily. " Well, I can't help that" ' says the doctor, and the crowd 1 laughs. Tlio doctor states it as his opinion 1 tbat at the moment Somerville committed the crime, ho was unconscious < of the gravity of the offence and its punishment, and was incapablo of s forming any judgment of tlio act. ] At a quarter to six the doctor 1 desconds, and Mr Jellicoe announces t ibat the defence is closed. I Wo then adjourn till 7 p.m. I Wellington, 8.32 p.m. We assomble again at sevon o'clock j and enter upon the final stage of the , trial. There is a full muster of men, women and children, and there is not a little speculation as to probable duration of the case—and the verdict ! VA few Louis will settle Somer- - 'lie's fate. At ten past seven Mr Jellicoe rises and begins by assuring ub that he will be brief. The Jury is attentive and counsel adjuros the gentlemen that he has substantiated tho main points he said he would, tbat tho prisoner was irresponsible when he committed the crime. Now he swings the pendulum to prisoner's boyhood; speaks of bis parentage—a drunken father and mother and imbecilo children. Wo start upon tk» consideration the case with this fact, that prisoner inherited mental disease. Ho dangles tbispointwell before tho jury, He turns it round and round and gives the twolve men views of it from all sides. He repudiates that a suspicious temperament which prisoner displays is duo to deafness; he points out the medical evidence which holdß that the suspicious phase is one of the principal symp- ' tons of imbecility. Mb Jellicoe speaks fluently; he Wcis case at his fingers' ends, and ploughs along with tho air of a man playing a winning game. His voice is now lowered as he drives borne a special point; he pauses, and then comes a rush of eloquence, to give way suddenly to that deliberate style, of speech counsel affect on occasioniTßncli as this. Plenty of dramatic business j hiß body sways; his right hanleiittoded with the index finger pointed towards the prisoner; lie beucb towavo3 the

Judge impressively; ho swings round and faces His Honor or looks scornfully at opposing Counsel. I have just glanced at Somorville. Ho is seated; his head cocked on ono side. He looks sleepy, and lam sure does not appreciate tho seriousness involved in his counsel's gestures. Mr Jellicoe bangs away at tho inanimate tomes lying 011 the table to emphasiso his romarks. 110 Ims got to tho kimo of that well-known contract. Ho refers to the unfortuuato order on Herbert in subdued tones. He wades through it again in a highpitched voice and throws tho evidence of Cole, Harkncss, Hales, and others at the jury to ponder over. He plays upon Cole. Ho says Cole told us prisoner could carry a cask of whisky but failed to tell us how much lie can carry now. Ho churns Dr Fookes' evidonco and turns it over and oyer. " Insane, gentlemen of tho Jury, that is what this medical export told us!" So he works it. If this man was insano before the act was committed, wo need not trouble ourselves about the impulse, since that impulse was the impulse of insanity. His Honor chimes in "Why should the jury believe Dr Fookes' opinion P" This gives Jellicoe a lino peg and he drives it home with much dramatic force.

Mr Jellicoe's speech is brilliant; vcrv forcible and complete embracing every point worth noting. \Ve all fed that the prisoner has received the benefit of the best efforts of his counsel. The Crown Prosecutor argues cogently and fairly ; he wrestles with insanity; discounts the value of the early history of insanity in the family does not prove that the prisoner is insane. He elaborates the point, tilts at the medical evidence. Dr. Fookes looks at the matter in a scientific aspect, hut you cannot consider it from that point suggests Mr Gully. He rattles through at a fine pace, ami compresses a lot of matter ir.to the space of slightly more than one hour.

THE JUDGE'S BUMMING UP Ilis Honor takes his turn now; he dives at once into the question of innuiity. He explains its hearings as recognised by the law. The responsibilities of the insane are made clear. The delusions are passed under review, and we come to the murder. It is defined and applied to the prisoner's position. The case for the Crown is touched upon, and His Honor leitenta his view that there is 110 question of manslaughter involved, It is either murder or insanity. We are drawn back again to insanity. The Crown presumes that every man is sane. It therefore rests with the defence to piove insanity. He rakes over the medical evidence | holds up its meaning for the jury to gaze at; explains its bearing; lie quotes the opinion of English Judges in similar cases, and takes a vast deal of trouble with this phase of the defence. Impulsive insanity and its symptoms are dwelt upon, and His Honor leaves the theory of Insanity blunted, when he has finished with it. Ho views the crime is not motiveless ; it was revengeful; the result of a fancied wrong; ami cannot be called motiveless.

Tlic summing up is slightly j against the prisoner, and His Honor concludes his remarks as the hands of the clock point to eleven. We heave a sighof relief when the jury retire to consider their verdict. It is a breathing spell which all appreciate The Court is crowded, the interest in the caso is great, and wo see amongst thoso present, all sorts and conditions of men. The ladies' gallery, too, is occupied by quite a score of youngish women. The minutes fly, it is midnight! The buzz of conversation is lessening. A sudden hush; the jury is coming • Falso alarm! Quarter past twelve, Sunday morning. No sign of the jury yet. Half-past twelve, and still they remain out. At twenty-live minutes to one they file in; the Registrar is standing; there is a solemn, deathlike stillness.

All eyes are fixed on the Foreman of the Jury. All necks craned to hear his words,

The Registrar reads upon the stillness: " How say you, gentlemen of the jury." 11 Do you find the prisoner" Guilty" or "Not Guilty." It is the supreme moment; the next utterance will seal the fate of Somerville—life or death.

The foreman responds in a cloar voice;

" SOT GCII.TV,"

on the grounds of .insanity. _ a The Judge puts the question j and the foreman replies that the t prisoner was a lunatic at the time of \ tho commission of the crime, 1 The sea of faces is turned towards j tho prisoner, who stands between c two warders. | His Honor's voice is heard to order . prisoner to be kept in strict custody, at the TeraceGaol, Wellington,until the pleasure of the Colonial Secretary's pleasure is known. It is over I The Foreman signs the register; His Honor leaves the Court; the prisoner vanishes into the cell below; the audienco rises; ] the suspense has passed; there is no restiiction, and we converse freely and comment on the verdict! The parson who has been present throughout the proceedings shakes hands with the prisoner's counsel and offers his thanks for tho able defence. We hurry from thescenc, glad to bo once more homoward bound. Tho trial has occupied 25-i- hours and is without doubt the most singular case that has ever been heard in the Colony. The peculiarity of the caso arose out of the eyideuce of the medical experts. Somerville presents a puzzling personality interesting eyen to lay minds. Born of drunken parents, he is 1 thus predisposed to insanity or imbecility. Latent imbecility is there and is alleged to liavo manifested 1 itself to a certain extent when ho ' was eighteen years old, in tho inci- ' dent related by one of tho witnesses, of his attacking old McCauslaud 1 with an axe. It remains dormant for nearly twenty years, and explodes in tho homicidal act, which put an end to the unfortunate man Herbert, ! Furthermore, Someryille's conscious- • ness of the Tightness, or wrongnes.B of 1 his act is not inconsistent with his 1 insano condition. ' Thus at tho moment ho fired the shots tho latent imbecility had j matured into insanity, and although , ho Was conscious of his action he 3 was incapablo of appreciating it, _ 5 It was therefore an irresponsible

! agonfc, and it is upon this view apparently that tho jury based, thoir verdict.