THE TRIAL OF CAPT. JARVEY.

Evening Post, Issue 35, 20 March 1865, Page 2

THE TRIAL OF CAP T. JARVEY.

The Supreme Court mras filled: the mbraent it was operied on Monday last by a crowd of persons Anxious to hear the trial of W. A. Jarvey, for ¦ the 'murder '6f nig wife. Hid Honour Mr. JuetfeeGhapmatt took his seat at ten o'clock' anjl the jurymen summoned for the case were called. The prisoner, on being plated in the do6k, pleaded Not Guilty to the indictment charging him with' murder.' [ Mr. Smith, the counsel for the prisoner; then row, and said he had an application to make >to x the Court for a postponement of the trial, the reasons for which were set forth in. an affidavit which he read as folio w,s;;— • i I, James, Smith. of tCargill street* Dunedin, in' the province of Otago, Barrister'and Solicitor, make oatli'and say. •' •¦>}'' 1. That I am counsel for the prisoher/" 2. Tfrtit I *m informed; Bnd believe' that Dr. Macadam^ a- 'witness' -in thi* case on behalf of the Crown; arrived in Duoedin 'aforesaid, front the' colony df Victoria, 36n3 6n Tuesday last, ttie 7th day of Vlarc^i insti, . 3. That it been previously ,ar r ranged between the Crown Frpsecutoxiand myself that as soon as possible after the arrival of the said witness I*hould-be supplied with a detailed statement of a certain chemical analyses , alleged jto haye-been made by 1 the .said w,%ess for the purpo^sfs of evidence against' the prisoner. 4. That ne\»Vtheless did not reenive any su< h, Btatem§i|t as aforesaid, ( until fiv& minUtes Vo "three, o'clock on .the afternoonj|

of Friday lost, the 9th day of March inst. being thus JefW only ope clear working day between that time and Monday, the thirteenth, day of March instant, the time appointed by this Honourable Court for the trial of the prisoner. 5. That on several occasions after the arrival of the said witness I applied to Mr. Henry Hbigprth, a solicitor of this Honourable Court, and the son aud professional partner of the Crown Prosecutor, to furnish me with a full statement of the evidence to be given in chief by the said witness ; at the same time pointing our to Mr. Howorth the very briet interval then remaining before the time appointed for the trial, and the very difficult position in which the prisoner's counsel was being placed by delaying the information required ; and ' upon such occasion the said Henry Howorth promised to send me such a. statement as soon as he had procured the same from the said witness. * 8. That the evidence to be given bj' the said witness, has so important a bearing *upon the trial of this case, and his said statement gives such vague generalities as the results of the said analysis, and opens such a wide and difficult field of scientific investigation, that further time is needed to enable me to prepare the prisoner's defence. Jambs Smith. After a conversation, in which the Judge reminded Mr. Smith that it was competent for the crown to insist on the case proceeding, and that it was only out of courtesy to him that a postponement would be granted, his Honour Raid he would' postpone the hearing of the case till Wednesday morning next, at ten o'clock, at which time the jury were Teqnested to attend. His Honor Bflid the Court would sit in Banco on Friday, if this trial should be over by that time. The Court th^n adjourned till Wednesday.— Otago Mail.