JEAN LUIE AND CAPT. BROWN

Hawke's Bay Times, Issue 1588, 26 June 1874, Page 265

JEAN LUIE AND CAPT. BROWN

At the sitting of the Central Criminal Court, on April 9, the trial of Jean Luie, on charges [of bigamy, and perjury, was opened before Mr Justice Brett. Upon the prisoner being placed in the dock, Mr Warner Sleigh renewed his application for an adjournment until next session, on the ground of there not being sufficient time for counsel to master the facts of the case, The learned Judge, however, said he did not consider the application to be a lom fide, one, and therefore declined to accede to it. Thereupon Mr Poland opened the case for the prosecutioa, and the Court proceeded to take evidence against Luie, who, throughont the hearing, was undefended by counsel. The prisoner, thus left to himself, cross-examined some of the witnesses with considerable dexterity, while he declared his perfect ignorance of others who deposed to his identity. Some of his questions to Inspector Clarke appeared to convey the ■ suggestion that the Inspector had prompted parts of the confession made by Luie to him, and already detailed at Bow-street. At the close of the case for the prosecution, Mr Whalley, M.P., volunteered his testimony in the prisoner's favor, and expressed his belief that the Osprey. incident, as related, was true. The prisoner then made a statement, complaining of the want of time for his defence, and asserting that if he had proper opportunities, he would prove that the witnesses against him were mistaken in his identity. While appealing for mercy, he affirmed that the day would come when the existence of the Osprey of 18.54 would be established beyond'a doubt. Before the summing-up was entered upon, the prisoner expressed a wish to call " Captain " Brown and the convict Orton on his behalf. The Judge, however, put it to him whether, under the circumstances, it would be advisable to call these persons, and Luie, on reconsideration, decided that it would not, Mr Justice Brett then placed .the case before the jtjry, and In the course of his observations commented strongly upon the conduct of Mr Whalley in relation to this case. The jury, after a few minutes' deliberation, found the prisoner guilty. Jatn.es Brown was then placed upon his trial. The : allegations of perjury against him were that he. had sworn that he saw Castro or Orton at Bio de Janeiro in April, lfts4 ; that he had no tattoo-marks; that he also saw the man Luie at Rio at the same time; and that ho was present when Roger Tichborno went aboard the Bella, with Captain Oates and Captain Birkett. Captain Thomas Qates aud Captain Robert Hoskins were called in support of the indictment, aud it was conclusively proved that the story told by Brown was untrue. When called upon for his defence, the prisoner declared that he was innocent, and that he had no intention to commit \vUful perjury. The

jury, however, without leaving the box, found him guilty. Mr Poland then spoke to Mr Justice Brett as to his proceeding with the charge of bigamy against Luie, when the Judge told the learned counsel to use his discretion, but in any case he should not make the punishment a cumulative one. The prosecution for bigamy was then abandoned, and Luie, for the offence of perjury, was sentenced to one day's imprisonment and seven years'penal servitude; Brown to live years' penal servitude.