SUPREME COURT.

Globe, Volume VIII, Issue 1022, 4 October 1877, Page 3

SUPREME COURT.

CRIMINAL SESSIONS. Wednesday, October 3. MURDER. Carl Kehde was indicted for having on the 21st of July last wilfully murdered one Thomas Powell. The prisoner, who was defended by Mr Joynt, pleaded " Not Guilty." Mr S. Smart was chosen foreman of the jury. Mr Duncan prosecuted on behalf of the Crown. The following evidence in this case was given after we went to press : On cross-examination by Mr Joynt, the witness said the wound might have been inflicted by a man holding a weapon by the blade falling forward on the deceased. Donald Campbell gave corroborative evidence as to the post mo'tein examination made in conjunction with Dr. Collins. Harry Feast deposed to having measured the weapon now in Court. It was 22-|in. over all; the length of the blade, loin.; width, l£in., scarcely; the thickness of the blade is 5.16 th-in., and the bevel commences from 6in. from the point. The point is din. wide, and is a razor edge, as is also the bevel edges. The weight of the weapoii is 29i~0z. Tin's was the case for the Crown. Mr Duncan then addressed the jury, contending that the jury had no other alternative but to find the prisoner guilty of murder. There was no provocation at the time. The prisoner and his reputed wife were in their house with the door locked, and Powell outside. They were therefore in no danger, and there was not the slightest reason for him to go outside and attack the deceased with a deadly weapon. Mr Joynt proposed before addressing the jury to call evidence as to Kehde's character for quietness. Harry G-arland deposed to the general inoffensive and quiet character of the prisoner. Messrs J. L. Kimbell and J. L. Fleming gave similar testimony. Mr Joynt having addressed the jury in a very able and eloquent speech, His Honor summed up very exhaustively, quoting from the evidence and commenting upon certain portions of t. The jury retired to consider their verdict at 7.15 p.m., and returned into Court at 8 p.m. The Registrar—Gentlemen of the jury, have you agreed upon your verdict ? Do you find the prisoner Carl Kehde guilty or not guilty of the felony of which he stands indicted ? The Foreman We find the prisoner "Guilty." We cannot find in the evidence sufficient provocation to enable us to bring in a verdict of manslaughter. We, however,

desire to recommend the prisoner strongly to mercy on account of the provocation. His Honor—Your recommendation, gentlemen, shall be attended to.

Mr Joynt—Will your Honor reserve the point for the consideration of the Judges ? His Honor—What point, Mr Joynt ? Mr Joynt—The point of provocation. His Honor—Certainly not. The Registrar—Carl JKehde, have you anything to say why the sentence of the Court should not be passed upon you, that you be condemned to die according to law. The prisoner made no reply. His Honor—Prisoner at the bar. The jury in your case have discharged their duty to their country, and it now only remains to me to discharge mine. They have returned a verdict of " Q-uilty," with a recommendation to mercy, in which I entirely agree. I have no discretion or power in the matter, and have only now to pronounce the doom of the law. Your life is forfeit to the injured laws of your country which you have broken. The jury have recommended you to mercy on grounds which I fully appreciate, and I shall take care that it shall be forwarded at the earliest possible moment to that quarter where the sovereign prerogative of mercy rests ; I have, myself, no power to deal with it. All that now remains to me is to pronounce upon you the doom of the law. [His Honor here assumed the black cap.] The sentence of the Court upon you, Carl Kehde, is, that you be taken back to the place from whence you came, and thence to the place of execution, and then hanged by the neck, until your body is dead, and may Almighty God in His infinite mercy have mercy upon your guilty soul. His Honor to the Jury—Gentlemen, I thank you in the name of your Queen and country for your services. Mr Joynt, if there are any other points you may wish to urge in amelioration of sentence, if you will let me have them I will forward them to his Excellency.

Mr Joynt—l thank your Honor. I will consider the question. The prisoner was then removed, and the Court adjourned until Monday next, when the civil business will be taken.