SUPREME COURT.

Globe, Volume III, Issue 258, 9 April 1875, Page 2

SUPREME COURT.

CRIMINAL SITTINGS. This Day. (Before His Honor Mr Justice Williams.) The Court re-opened at 10 a.m. As it was known that the Lyttelton murder case would be taken, there was a very large attendance of the public, the gallery being crowded to excess at the opening of the Court. THE LYTTELTON MURDER. John Mercer was indicted for having on the 9th day of January last feloniously and of malice aforethought killed and murdered one Isabella Thompson at Lyttelton. The prisoner pleaded “ Not Guilty” in a firm tone of voice, and was defended by Mr Joynt.' Mr Duncan appeared to prosecute on behalf of the Crown. The following gentlemen were sworn as the jury Messrs F, De Ridder, W. Travis, J. Leaf Wilson, George Dalton, Wm. Dale, C. Young, Wm. Dunlop, J. Baker, T. Appleyard, H. Casbolt, J. Lamb, C. Payne. Messrs Mulcock, Herman, Oswald, J. Bergh, Thos. Kennedy, and C. Gaffin were called, but ordered to stand aside by the Crown. Messrs T. M ‘Clatchie, R. Cameron, and L. Newton were challenged by Mr Joynt on behalf of the prisoner. Mr John Leaf Wilson vas elected foreman of the jury. The facts of the case are fresh in the memory of our readers, but we may briefly recapitulate the heads of the evidence. It appears that on the day in question the murdered girl, who resided in Dampier’s Bay with her parents, came into town to get a ticket at the Colonists’ Hall for the school pic-nic. Shortly after five p.m. in the evening the prisoner was seen with the girl by two persons standing at the Canterbury Hotel. He then spoke to a person standing there, leaving the girl to go on by herself. He was afterwards seen to overtake the girl and proceed with her towards Oxford street. The prisoner was next seen by a woman coining from the place where the body was afterwards found, with marks of blood on him, and he was seen brushing his clothes, apparently to get rid of some dust. The next trace found of him was just before the starting of the train, when he was noticed to have blood on him, and also in the train, where those in the carriage remarked about his getting into the carriage in that state, when he said he Lad been killing a sheep. This was about six p.m., and after the train had gone the body of the girl was found, murdered, by two boys in|a hole in a gorse fence, in tlie locality towards which the prisoner and the girl were seen to be going. The blood on the prisoner’s clothes was microscopically examined, and found to be human blood. Mr Duncan having briefly addressed the jury, recapitulating the above facts, proceeded to call the following evidence . Francis Pavitt deposed to having made a survey of the spot where the body of the girl was found, and produced a plan of the same. The distance between the Albion Hotel and the portion of the parsonage grounds in which the body was found would be 491 yards, and from Scott’s accommodation house to the same point 31‘2 yards. The witness proceeded to give the distances from, various other points. Cross-examined by Mr Joynt—The mark I made as the spot where the body was found was made by me from information received from the police. John Blair Thompson, the father of the girl—l am a shipwright living in Dampier’s Bay, Lyttelton, I am the father of Isabella Thompson deceased. I remember Saturday, 9th January last. I last saw my daughter alive about five o’clock that evening. She was then in good health and excellent spirits, I don’t remember how she was dressed, but I could identify her clothes if I saw them. The clothes she had on then were clean and tidy and not torn in any way. [Clothes produced.] I recognise the clothes produced as those worn by my daughter. She went towards the Colonist’s Hall when I saw her. I next saw her at the police station. She was then dead. She would have been thirteen years of age on the 12th January last. I did not know the prisoner at that time. It would take my daughter about a quarter of an hour or twenty minutes to Avalk from my house to the Colonist’s Hall. I identify the handkerchief produced as belonging to my daughter. Cross-examined by Mr Joynt—My house ie in Voela’s road, Dampier’s Bay, up a little

way from the main road. I cannot swear to the minute of the time I saw my daughter first. I believe it was about five o’clock, but I am not positive. I could not say whether it was after five o’clock. I was at work that day at the tunnel wharf. I left off at four o’clock, which was the usual time. My daughter had to go to the railway station as well as to the Colonist’s Hall on that day. I don’t think she need have stopped at the railway station long. She need only stay there until the train from Christchurch arrived. After she went to the Colonist’s Hall she would have to go to the railway station. The last train from Christchurch usually arrives in Lyttelton at a quarter to six. James Allan—l am a seaman in Lyttelton. I remember the 9th January last. I was then connected with the schooner Canterbury lying in Lyttelton. I know the prisoner. He was cook and steward of the Canterbury. I saw him on the afternoon of the 9th January. I was with Captain John Russell when I saw him. We were standing at the corner, near Webb’s grocery store, when I first saw prisoner. This would be about two o’clock. I afterwards saw prisoner when I was in company with Captain Russell. We were standing at the corner of the street, by the Albion Hotel. This was about ten minutes past five o’clock in the afternoon. Prisoner was coming up Canterbury street from the Mitre Hotel. There was a little girl with him. They were walking side by side. They came across the road to where we were standing. Prisoner came up and spoke to Captain Russell, the little girl standing at the corner. Prisoner said something about shipping in the Cleopatra, and he then left. The little girl had gone away up the street, and he went after her. She went further up Canterbury street in the direction of Scott’s publichouse. The prisoner overtook her before she got to the skittle-alley, which is close to Scott’s hotel. When he overtook the little girl they went as far as I saw them together side by side. I did not see them long. I saw the prisoner come up to the girl and walk along with her. I then went down another street. The clothes of the little girl were not torn as far as I could see. She looked clean, as if she had come from home. I saw no blood on Mercer. I did not notice any on his clothes. Next saw the little girl that I saw with the prisoner in the dead house in Lyttelton on Monday, the 11th January. I recognised her as the same child with whom the prisoner was in company on the preceding Saturday, When 1 last saw her she was dead. I had known Mercer for about six weeks before this. They never killed sheep on board the Canterbury. Prisoner had a knife belonging to him. It was one of these Pampas knives, with a brown handle and one blade [knife produced]. The knife belonging to the prisoner was exactly like this one, I could recognise the clothes the prisoner wore that day. He wore light grey clothes and a French peak cap, one they call a cheesecutter. I identify the trousers produced, also the cap, waistcoat, and coat, as those worn by the prisoner on that Saturday afternoon. Cross-examined by Mr Joynt—He had been to Wellington, from thence to Makapawa [Mahakipawa], and thence to Lyttelton in the Canterbury, while prisoner and I were mates in the vessel. On the Saturday when I saw the prisoner he had been paid off from the Canterbury ; I was also paid off, but joined her again the same day. All hands were paid off—six altogether. One of them was named Matthew Percy. We went to the captain’s house to get paid off about eleven or twelve o’clock in the day. I did not see any drinking going on in the captain’s house, and all who were there were quite sober so far as I could see, including the captain. Matthew Percy was not what you might call drunk ; he had had two or three nooblers, but he was not drunk. He was not what you might call sober. I did not hear any altercation in the captain’s house, nor did I see any drink sent out for when I was there. I was not there the whole of the time while the men were getting paid off. The name of the cook was John Mercer ; he was paid off with the others, and went off about four o’clock in the boat with the others on board the Canterbury, 1 saw him drinking two or three times during the day. At five o’clock when 1 saw the prisoner both Captain Russell and myself were quite sober; I swear this positively. The prisoner stopped between two and three minutes speaking to Captain Russell at the Albion corner. The conversation was about his shipping in another vessel, and getting less wages than he had had before. During the time the girl walked backwards and forwards from the lamp-post to the corner and back again, and then she stood a while and made a run up the street. I did not speak to the girl. 1 recollect her having lightish clothes on, but I could not swear to the clothes ; I could to the hat—she had a straw hat on, trimmed with dark and light ribbon. I have seen the clothes she wore since that evening, I saw them in the Magistrate’s Court. I am quite sure Mercer left the shore to go on board the Canterbury, but I cannot say whether it was four o’clock ; it might have been before or after. The Canterbury lay out in the stream, off the end of No 3 wharf, beyond the buoy. The Cleopatra lay S.W. of the 'Canterbury towards the reef. There was nothing very remarkable about the girl that struck me when I saw her. Chief Detective Feast was with me when I went to the dead house on the Monday. Some of the clothes were on the body and some off, and it was covered with a cloth. I recognised the girl after I had a ■look at her; I looked at her for about two ■ seconds. I recognised her again because I looked very hard at her as she went up the .street. If I had seen the girl living on the Monday in the streets, I should have recognised her; I could swear to her without any hesitation, and should have spoken to her. About 2 p.m, I saw prisoner passing Webb’s greengrocer’s shop. I am perfectly sure it was about ten minutes past five when I saw Mercer last; I saw this by the clock hanging up in the hotel. I saw Mercer join the girl after he had spoken to Captain Russell. I was not close enough to hear him speak to her, but he had his head down as if he was speaking to her. I did not take much notice of her clothes; I did not take that notice of her clothes that I could swear to them. I am prepared to swear to the clothes that Mercer wore; I have no doubt of it at all. I can swear that he wore that waistcoat when he came ashore with me in the morning. When I identified the clothes 1 meant those he wore in the evening. He had his coat buttoned so that I could not see his waistcoat. Some sailors make their own clothes; some buy them ready made. 1 can swear that I saw Mercer with the coat and trousers pro-

duced on that daj. I cannot swear whether Mercer had that scarf on or not. I know he had a scarf on, or a handkerchief ; but I cannot swear to what it was. The knife produced is like one the prisonerused. That description of knife is very common ; there is any amount of them about. I would not swear to any particular one, unless it had a mark on it. The meat for the vessel was supplied by the butchers everywhere we went ready for cooking. We got some meat on board at Makapawa. We took half a bullock on board, and sent a quarter of it away. I saw the beef come on board ; it was not bloody ; it was quite dry, and I think it had been hanging up on shore. It was not warm, it was quite dry. I saw no blood on the deck; I did not look into the boat, I don’t know whether the captain or the cook cut it up. I never went by the name of Tom Woods, nor do I know any one by that name. No one ever called me by that name. I saw the prisoner at the railway station on that Saturday evening. The five minutes to six bell had just rung. I was about six feet off of him. I believe he had been drinking that day a little. I did not speak to him at the railway station. There were too much of a crowd to enable me to see whether there was any blood on him. There were people going between me and him. I saw no blood on him. The prisoner was at the captain’s house between twelve and one in the day being paid off. Re-examined by the Crown Prosecutor— When I saw Mercer at the railway station at six o’c’ock, I had no opportunity of seeing whether he had blood on his clothes or person, He might have had blood without my seeing it. 1 paid particular attention to the features and look of the little girl I saw with prisoner on the Saturday. By the Foreman—lt was quite possible for blood to be on the prisoner’s face without my seeing it when I saw him at the railway. There was a few words between me and prisoner on the ship, but nothing particular. The beef came on board either the day before or day after Christmas, and we got to Lyttelton the last day of the old year. John Russell master of the schooner Canterbury lying at Lyttelton. I know the prisoner. He was cook and steward on board my vessel. He shipped on board the vessel in Wellington. Neither the cook nor myself had any occasion to kill sheep on board the Canterbury. I remember the afternoon of Saturday 9th January. About five o’clock that afternoon I was in company with James Allen and the prisoner Mercer. I was standing at the corner by the Albion Hotel in London street. I first saw the prisoner at the corner of the Albion Hotel. I did not see any one with him before he spoke to me. After he spoke to me I saw a little girl with him standing at the corner. The prisoner spoke rationally enough to me. After he spoke to me he followed the little girl up Canterbury street. The little girl was running up the street. The prisoner ran up the street after he left me to overtake the little girl. He was about five or six yards behind the little girl when he started. I did not notice whether he overtook her or not. I did not notice any blood on prisoner’s face, hands, or clothes when he spoke to me. The little girl was nicely dressed. I did not notice her clothes to be torn. I think I should know the clothes the prisoner had on. I cannot swear to the clothes produced. The prisoner wore a dark grey suit at the pay table when I paid him otf. This was between ten and twelve in the morning. I do not know whether the prisoner had a knife or not. The prisonerhad a cap similar to the one produced. I cannot say whether he had the same clothes on when he met me at five o’clock as those worn by him at the pay table, I should be able to identify the little girl’s hat if I saw it. I do not recognise the one produced. Cross-examined by Mr Joynt—l paid Mercer otf at my house between ten and twelve o’clock. I cannot fix the time nearer than this: I said before the coroner that it was about eleven o’clock. I say so now, about eleven o’clock. I paid off five men that morning. I believe they were all quite sober. There was no drink sent for or brought into the house when I paid them otf. I was perfectly sober when I paid them off; as sober as I am now. I know a sailor named Matthew Percy; I believe he was sober when he was paid off. I do not remember any altercation with him, I remember fifteen or sixteen shillings laying on the table, which Percy did not take away with him; I thought he was not in a condition to take it, and I did not give it to him until the Tuesday. He was not on the drink; but I thought when he got his money he would soon go on the drink. He got thi whole lot due to him except the few shillings; 1 gave him seven pounds; but because I thought he could not take care of his money 1 kept back the few shillings. 1 never saw Percy again that day. Percy did not know whether he had two months due to him or three. He did not ship at the same time as prisoner. I knew how much was coming to Percy; be was due three months and some odd days. I mean that he thought he had to get three months, and I thought he had to get two. You are on the port tack, and I am on the starboard tack. We both referred to prisoner. I was quite sober that day, I had not had any drink at all that morning ; not a drop. You and I can take two or three nips in the morning as well as any other man. I do not recognise the waistcoat produced. I have not one like it. On looking closer I see that the waistcoat produced is mine, I cannot say what waistcoat Mercer wore when I saw him near the Albion. I believe he had on the same suit that he v ore when I paid him off—a dark grey suit. I did not notice whether Mercer had on a scarf or comforter when I saw him near the Albion. The last port we were at was Makapawa, in Pelorus Sound. I remember our taking a full side of a bullock on board there—a half carcase. 1 was not present when we took it on board. I saw it the next day. I know when the bullock was slaughtered; it was slaughtered in the morning, and sent on board. It was sent back to the shore because it was too much, and I took the quarter on board after it had been cut up on 'shore. The prisoner lent a hand to take the beef on shore. It was freshly killed; I did not notice that it was bloody; it might have been so. The prisoner cut up the beef and corned it. It must have been very little after five o’clock when I saw Mercer near the Albion Hotel; it must have been, I should say it was about five o’clock. I judged it was that time by the clock in the bar of the Albion Hotel. The girl was standing at the corner of the Albion when I saw her; I was standing in the roadway in London street. Mercer was standing in the roadway; he did not remain speaking to me more than a minute. I noticed the girl while she was standing

there; I took particular notice of her; I had seen her as a baby in arms; I bad never seen her between this time and the evening of Saturday, 9th Janui-y; I did not recognise her as . the girl I ha I seen as a baby. The reason why I took particular notice of her was that the prisoner was with the little girl. You ask at the Buller ar.d they will soon tell you why I asked my mate if he knew the little girl. Mr Joynt—l will not press this examination further. Mr Duncan—l hope I shall be allowed to ask the question in re examination. Mr Joynt—of course, subject to any proper objection. His Honor—l think the question may be asked by the Crown Prosecutor in re-exami-nation. If it is not asked by the Crown Prosecutor I shall ask it, orput it through the jury. Mr Joynt—l may say that I believe the evidence will be found unadraissable. Mr Duncan —I contend that my learned friend having asked the witness what his reasons were for taking notice of the girl, the witness is bound to answer it, and my learned friend is bound by the question, Mr Joynt—l withdraw the question, and my learned friend has no right to get up and ask that this question shall be put down. I contend that I have a perfect right to stop the witness. His Honor—l think Mr Joynt has a perfect right to withdraw the question When the Crown Prosecutor comes to re-examine he can then argue this point out. At present I am disposed to allow the question to be withdrawn. Mr Duncan—May T ask your Honor if you have in your notes the witness’s statement as to the remark made to his mate. Mr Joynt—l obj ct to that being done. It was no answer to my question, being perfectly irrelevant. Mr Duncan —I contend that the answer to my learned friend’s question. “ What made you take notice of the girl,” was 11 1 asked my mate if he knew the girl,” and I have a right to get it on your Honor’s notes. His Honor—l think, Mr Duncan, that this was not the witness’s answer to Mr Joynt’s question. Mr Durcan—l respectfully submit that it is so. Mr Joynt—l cannot be bound by every word the witness may choose to say. I withdrew the question, and the witness went on to say something about his mate, which was not an answer to my question. His Honor — On further consideration Mr Joynt, I shall admit the answer to my notes. Cross-examination continued I believe Mercer wore the same suit that I saw him have on at the pay-table. I saw Mercer during the day. I met him with Captain O’Brien on Norwich Quay in the afternoon. I did not see him go off to to the vessel. Mercer and Allen were not good friends. They fought on board the vessel. Re-examined by Mr Duncan —The prisoner was present when I asked my mate who the little girl was. He was within heating —quite within hearing. The reason why I asked my mate if he knew who the girl was was because the prisoner had attempted the very same thing upon a little girl at Westport, a little girl about nine years of age. The log book will show when it was. Mr Joynt objected to the Crown Prosecutor taking this line of examination. He was setting before the jury a case which was supposed to have occurred at the Buller, and of which there was no evidence. It was getting in by a side wind what almost amounted to a previous conviction. His learned friend had no right to do this. Mr Duncan contended that he was not going into the particulars of the case. He wanted only to know how long it was before Mercer came on board. His Honor ruled that the Crown Piosecutor could not go into the particulars of the case at all. The answer should be limited to the reason of the witness asking his mate. Mr Duncan quoted from authorities to show that his view of the case was correct. His Honor upheld his ruling. The reexamination ought to stop where it was. Mr Joynt asked his Honor to ask the witness whether the statement he had made was from hearsay. His Honor granted the request. Witness— l saw the child, and I heard about it. Mr Joynt submitted that the answer could not be admitted. Witness—l heard from the child’s mother that the offence had been committed. I accused the prisoner of it. He denied it. Matthew Percy—l am a seaman, residing in Lytteiton. In January last I was em ployed on board the schooner Canterbury, The prisoner was on board with me at that time. I remember Saturday, 9th January. I saw the prisoner on shore at three o’clock that afternoon. I could recognise some of the clothes he wore. I recognise the coat and cap; I cannot recognise anything else. I spoke to him then. I met him on Norwich Quay, near the Canterbury Hotel. He had no Wood on his clothes or face at this time, so far as I could see; I saw none. He was walking down the hill when I stopped him. I spoke to him, and asked him if he was going to Christchurch. He said “ No, he was going to get a girl down there; he could get her, and if he did not get her he would cut either her throat or her weasand.” He had a knife on board. The one produced is the one he had. I was two days in the galley in his place, and used the knife. The vessel was in Makapawa roadstead at the time. Had there been any blood on the prisoner’s face I should have observed it, I never saw the prisoner after three o’clock that day. Cross-examined by Mr Joynt—We were paid off that morning at the captain’s house, I was perfectly sober during the day. The very words Mercer used to me when I asked him if he was going to Christchurch, were “No, he was going to get a girl over there; and if he did not, he would cut her throat or her weasand.” He said no more, and I was going to hit him, but a policeman was close by, and I did not do it. I had my hand up to do it. When I first spoke to him, he said he didn’t want anything to do with me; it was that I was going to hit him for. I was going to hit him because he vexed me by using such an expression to me. I felt much offended at this because wo were on very fair terms on board the ship. I should have hit prisoner if it had not been for the policeman. I considered myself best man, and do now. I have seen him shaping at the Buller with Mr Allen the mate, when he got the worst of it. There is a particular mark that I can swear to the knife produced. It is the shape of it that I can swear to. I never saw one like it; in the way it has been worn and ground down. I have no doubt, whatever that this is the knife belonging to the prisoner, I cannot ’- whether the pri-

soner had a comforter on at the time I saw him on Saturday afternoon. I remember half a bullock coming to the ship while we were in Pelorns Sound; Prisoner was then at work as cook. I was in two public-houses in Lyttelton on the Saturday when I saw the prisoner. I was in the Mitre and Mr Maxwell’s. I was in Burnip’s Canterbury hotel. I do not recollect being in Parson’s Hotel. I was standing at the corner talking when prisoner came down the hill towards the wharf. It was before he said that he didn’t want anything to do with me that he spoke about getting a girl down there. The prisoner did not use the words “ If I cannot get a girl here, I will get one in Christchurch.” I did not say this before the coroner. Mr Duncan —If my learned friend wants to use the depositions he must put them in. He cannot ask these questions without putting in the depositions. Mr Joynt—l must lay the foundation for discrediting the witness by asking him first whether he did or did not say so and so before the coroner. If he denies it then I shall put in the depositions to contradict him, but I cannot do so until I have laid the foundation. I ask your Honor’s ruling on the point. His Honor—l think Mr Joynt is perfectly correct under the Criminal Law Procedure Act 1866. He must lay the foundation for the purpose of contradicting the witness. I think Mr Joynt is perfectly regular in asking the questions he is. Cross-examination continued—l cannot recollect using those words before the coroner. I swore before the coroner that the knife produced was the same knife I had used. I said at first it was one of the same sort, but I afterwards overhauled the matter, and said it was the same knife. At this stage the Court adjourned for half an hour. Oa reassembling the following evidence was taken ; Alfred George Simmons, a lad of some thirteen years of age—l reside in Lyttelton ; I remember Saturday, 9th January. I was in Ripon street that evening about six o’clock. I know the corner of the parsonage where (here is a gorse fence. I was there at six o’clock on that evening. I saw a girl inside the fence, I was passing by when 1 saw her. I was outside the fence. I could see into the inside through a little gap. The girl was lying on her right side ; her feet up bill, her head down the lull. She was about a yard inside the gap. She appeared to be dead to me. She had no bat on. I didn’t notice how her underclothing were disposed ; I did not notice if any part of her body was exposed. I saw blood on her cheek, and some on her teeth. Cross-examined by Mr Joynt I was driving cows along Ripon street. I had been in the immediate neighbourhood about five minutes before I saw the girl’s body. I am quite sure it was about six, on account of the time 1 started to drive the cows. I looked at the body through the gap ; I stopped to look in. I was nearer to the head of the body when I stopped to look in. There was nothing to prevent me seeing the whole of her body. I cannot say whether the body was uncovered as regarded the limbs ; I did not notice it. 1 went towards Ripon street. No one remained near the body when I went away. Richard Rouse—l am a labourer, residing in Lyttelton. I remember 9th January last —a Saturday. From information I received I went to the corner of the parsonage grounds in Ripon street. This was between five and six. I cannot say which hour it was nearest to. I went up there and saw the body of a little girl lying within the gorse fence. She was dead. Her legs were naked from the knees, her clothes being turned back. Her dress covered the left side of her neck. I sent for the police. The police sent for Dr Rouse and took possession of the body. Cross-examined by Mr Joynt—lt was in the evening when I saw the body between the hours of five and six but I had just come home and had my tea after leaving work at five o’clock when I heard the news, and went up to see. My mother and a boy named Nolan went with me. There was no one near the body when we arrived there. The body was bare up to the waist. There was no hat on the head. I saw no one iu the immediate neighborhood when I went there. The feet of the body were laying down hill and the head upwards. 1 looked at the body from Ripon street. The feet were lying towards Oxford street, and the head towards Ripon street. I did not go inside the fence until the police came. The fence was of wire and gorse. I remained alone until the police came. By the Foreman —I had about ten minutes walk to go from my house after my tea. I had not finished my tea when I beard the news. I bad teadirect'y I came home. John Skeet —1 am a mariner residing in Oxford street, Lyttelton. I remember 9th January last, a Saturday. I know Baker’s stables in Oxford street. I wnstherethat evening, 1 was leaning on Mr Baker’s rails. It was between twenty minutes and a quarter to six when I came out of the house. I was looking up towards the parsonage house when I was leaning on the rails. I saw the prisoner shaking his coat about nine feet from the spot where the body was found. I saw her found. When I first saw him I noticed him unbutton and shake his coat. I took notice of him because I thought he had been laying down. I saw him come down past Rouse’s house down Ripon street to Oxford street, over the tramway. He passed me wnile I was leaning on the rails. He was about four yards from me when he passed me. He was going towards the railway station. I observed blood on his right cheek. He had his hands in his pockets, and was walking in a hurry as if he wanted to catch the train. I saw him walk past the corner of the next street to Ripon street— Exeter street. 1 left the house about a quarter to six, and the train had come in before I looked up to the parsonage and saw the prisoner. The doors of the train had been opened and closed again. Cross-examined by Mr Joynt—l looked up towards the parsonage by accident as I was leaning on the rails. The man I saw had on a light-colored tweed suit and a cheesecutter cap. I couldn’t say whether he had anything on his neck or not. I didn’t see his features when I first saw him, but I did when he passed me ; I recognised him by his clothes. I should have known him had he been in different clothes. I identify him by the features and the whiskers. I saw the prisoner about a week after this at the second inquest at the Mitre Hotel. I do not remember the date, but it was on the Tuesday week after the Saturday. I never saw him between this time and the Saturday evening when he passed me. He had the same clothes on at the inquest that he had when I first saw him.

I know Sergeant-Major O’Qrady. I never saw the prisoner in the company of Sergea,ut Major O’Grady. The only twice I saw him was on the Saturday evening and at the inquest. The blood I saw on the right cheek was near the eye, I did not speak to him; he was a stranger to me. He did not look tipsy when he passed me ; he seemed to be in a hurry, but walked quite straight. Tnis would be close on six o’clock; about five minutes to six o’clock. [Left sitting."]