THE MILLER'S FLAT MURDER.

Lake Wakatip Mail, Volume I, Issue 15, 20 June 1863, Page 5

THE MILLER'S FLAT MURDER.

This important case, which occupied the Supreme Court, Dunedin, for two entire days, has resulted in a verdict of Not Guilty. Mr. Barton, in the course of a most eloquent and elaborate defence stated:—

The name of the prisoner is, as you are aware, Job Johnstone ; he conies from Lincolnshire, and is now a miner. Six years ago he was at the Ovens and Indigo, in Victoria. In September, 1862, Johnstone arrived here with £3BO. He deposited £3OO in the Union Bank, and went to the diggiigs, taking with him £BO. Of this he deposited £ls at the Dunstan Bank. About five months ago, at the Arrow River, he fell in with his old mate, Calvert, who was a mate with Halliday, Peter Sheil, aud others. They all travelled together to the Shotover. On Friday, March 13th, Tohnstone left off working his claim at Moke Creek, on account of ill-health, and went to Queenstown. Some remarkable events occurred during the week", which will he useful in fixing dates. Firstly, there was a great flood and a man drowned. Secondly, there were St. Patrick's Games, and Thatcher's local songs; and thirdlv, there were two inquests—one on the 19th of March, on the same day that Abbey swears the man was at Yorkey's. Johnstone served as a juryman at Queenstown on that day, and signed the inquest paper. This brings us to the 19th, on which day the murderer is seen at Miller's Flat. Let us now trace the country and distances between Queenstown and Miller's Flat. Queenstown is on Lake Wakatip, and the road from thence to Miller's Flat is through the Dunstan. From Queenstown to the Dunstan there are two roads: one is by the Lake and the Cardrona—distant 100 miles. The other is a mountain track of 50 miles, 24 of which are of great steepness and difficulty, crossing a mountain range of which the highest summit is called by the diggers " Gentle Annie," from its extremt ungentleness. Over that 24 miles a man on foot can beat a horseman easily At one place there is a sort of backbone, very narrow, along which may be seen in the gorge below the todies of horses that have perished by missing their footing. From this backbone the traveller can see mountain tops below his level, as far as the eye can reach. Such, gentlemen, is " Gentle Annie," an ascent of 8, a descent of 12 miles, and in traversing this top or backbone, two days is the limit of even Kowley's Express. From the Dunstan to Miller's Flat is about 50 miles. The shortest route from Queenstown to Miller's Flat is 100 miles, and is four days' journey on foot, and at least two, if not three, on horseback. This makes it impossible that Johnstone, who sat on that jury on the 19th, and the man who was at Miller's flat on the 20th, are one and the same person. But the Crown Prosecutor will answer thus:—The Job Johnstone who sat on that jury is not the prisoner. Either there is another man of the same name, or he has assumed it. If that be the argument, how could I discover the existence of the evidence without a miracle ? How could the prisoner have a deposit receipt for L3OO, and have signed his name in the same handwriting as that to the inquest paper without a miracle ? "

Several witnesses having been called and examined—

The Judge summed up very shortly, amidst a breathless silence. He said there was certainly conflicting evidence in this case, but the Jury would have little doubt as to which set of witnesses must so to the wall. He did not think that one of the witnesses for the Crown had forsworn himself; he noticed that all were very careful, and almost every witness qualified himself by saying that the prisoner much resembled the supposed murderer. But the witnesses for the Crown only knew the prisoner casually, whereas the witnesses for the defence, who stood up evidently with the impress of truth, knew the prisoner intimately, many of them for several years, and were therefore the better able to speak to his identity. The Jury, without leaving the box, at once returned a verdict of " Not Guilty," which was hailed with marks of approbation by those present.

The Foreman —We would request your Honor to state that in the opinion of the Jury the prisoner leaves the dock without the slightest stain upon his character. The Judge (to the prisoner)— The request of the Jury I should have seen ;o, even if they had not mentioned it. You leave this Court with an unsullied character, and what is far better—(here the Judge became almost choked with emotion) with a conscience void of offence in this matter. You are now discharged from custody. The prisoner was almost dragged from the

I dock lagrJbis friends, amid loud cheers, mingled i with the throwing up of hats, &c., which continued until the Judge left the Bench. On showing himself outside, the prisoner was loudly cheered, as also was Mr. IJarton, his counsel.