CIRCUMSTANTIAL EVIDENCE.

New Zealand Times, Volume XXXIII, Issue 5302, 23 March 1878, Page 1 (Supplement)

CIRCUMSTANTIAL EVIDENCE.

. An Australian contemporary relates the ; following story illustrative of the value of cirt cumstautial evidence ?—Among the prisoners [ at. the Pentridge Stockade who are undergoing a life sentence, the case of Niel deserves a/’ecial consideration. The facts of the case are as follow* :—About seventeen years ago a man named B ongtoa was found dead outside his door, c -used by a gun-hot wound ; and from the circumstances elicited at the trial it appears to have been as bloodthirsty a murder as stains the long catalogue of atrocious crimes in Victoria. Subsequently Niel was arrested on suspicion, as it was known he had written a threatening tatter about money matters to Brongton, Niel’s tent was searched, and a revolver found with one barrel discharged, and also a piece of a. newspaper corresponding with a torn portion of paper found on the wall of Brongton*a house, and which was supposed to have been used as wadding for the revolver which shot Brongton. This appears to have been all the evidence against Niel, who was tried at Sandhurst, and sentenced to death. Immediately after sentence of death was passed, a Mr. George Jackson made a statement to Mr. Helm, who defended Niel, that the evidence given by the sergeant of police, in reference to drawing the charges from the revolver which was found in Neil’s tent, was not true. The sergeant swore that he drew the remaining charges, and that the paper over the bullets came out whole, whereas Mr. Jackson’s statement was to the effect that he drew the charges, and that the paper was ground to small pieces from the force of the screw. Counsellor Helm brought Jackson before Mr. Justice Pohlman, who tried the case. The Judge attached so much importance to Mr. Jackson’s statement that it was decided ho should go to Melbourne and attend at the meeting of the Executive Council, when Niel’s case was to be decided. Mr. Jackson repeated the statement in the presence of Sir Henry Barkley that he had made to Mr, Helm. The piece of paper, which was the principal link in the chain of evidence which convicted Niel, was carefully examined by Sir Henry, who remarked that it appeared strange, if the piece of paper was fired from firearms, that the fine edges of the paper were not burned otf, and, from other appearances, that it was never fired from a gun or pistol. From this chain of circumstantial evidence at the trial, the conclusion was that Niel had loaded the revolver with the piece of paper which was found on the wall of Brongton’s house, and the corresponding, piece was found under -his bed in his tent, it was, therefore, on the discrepancies between the sergeant’s evidence and Mr. Jackson’s statement, together with the doubt as to the piece of paper as having been fired from a gun or pistol, and the possibility of Niel having any knowledge of it that the prerogative of mercy was extended, and the sentence of death commuted to prison for life. Since Niel’s condemnation there is strong presumptive evidence that a man committed the offence who was well known to have been intimate with Mrs. Brongton for some time previous to the murder of her husband. Mrs. Brongton’a levity of manner in the witness box was severely commented on at the trial. What appears to be still more convincing proof that Mrs. Brongtou must have had some knowledge of the murder is that about three weeks after Niel was sent to Pentridge Mrs. Brongton and Smith disappeared from that part of the country, and have not been heard of since, but are thought to be in New Zealand. Mr. Jackson is still in Sandhurst, and is piepared to verify the above statement as far as he is concerned in the affair.