SUPREME COURT—WESTLAND DISTRICT.

West Coast Times, Issue 114, 29 January 1866, Page 2

SUPREME COURT— WESTLAND DISTRICT.

CRIMINAL SITTINGS. Saturday, Jan. 27. (Before his Honor Mr Justice Gresson.) OIIAHGK CP iMUIIDER.

Tho enso of Groorgo Stownrt, charged with murdering his wifo was resumed this morning. The only witnesses to bo examined were for the defonco, but at tho request of tho jury, Dr Eyloy was sont for lo bo ro-oxamined on koiuo points. Dr D. J. Young was tho first witness, nnd said— l am a duly qualified medical practitioner. I know Mr Cassells who rosidos with me. On tho 2nd instant my watch was half an hour slow, nnd it had been so for somo duys precedent to tho nbovo chito. I know it lo bo so from seeing ovory morning what I beliovo to bo the correct timo at Mr Binzor'n the druggist. I think that timo is tho correct timo always, for tho gonlloman thore is a very correct num. On tho morning of tho 2nd I saw Mr Cassolls tako up my watch and look ut it. 110 said that it wus half past 8 o'clock by it, but I inysolf am not awnro of my own knowledge what tune it was, as I did not look at the watch. Mr Oassolls had slept in my house on thai night. I bolievo myself it was after 9 o'clock. I gob up aftor'wurds. Mr Cassells went out and I boliovo J got up at onco and lit the tiro, 110 was ill that night, and was out two or (hroo timos during tho night and morning. I saw tho corpse of v woman that day that had boon drowned, but I did not know hor. By tho jury— l havo compared Binzor's timo with that of the watchmaker next to tho Golden Ago hotel, and it hua gonorully been in accordance with it. I havo no doubt that tho watch was going when C'ussella looked ut it. J)r ltyloy, rocallod, in reply lo tho jury, said— l tun unnblo lo answer except from conjocture, how long traces of spirits would remain in un empty stomach, but I should suppose two or Ihroo hours after being received. If tho body win under water, traces would bo found longer. On an empty stomach the truces would disappear moro quickly, as tho sjjirit would bo moro rapidly absorbed iv tlio system. If tho body were Kibmcrgod, spirits would be found after a much longer period than if the person was breathing. By, Mr South, through his Honor--! f tho stomach wus not 6mpl.y, absorption would bo delayed, Mary Power deposed— I keep a licensed houßo in this town, and I formorly resided in Duuedin. Whon thoro, I know a porson nnmoil C'athorino Jones, who was in my sorvioj for a short time, about two or Ihroo weoka. It was not eight or ten weeks. If she has sworn that sho was in my sorvico for oighb or ten weeks, it is not true. About four or five months aflor, when I went into tho Dunedin Hotel, I ongngod her for a couple of days, to scrub down tho house. By tho Crown Prosecutor— Sho mado a dross for v little girl of mine, but that was all tho work that she did for mo besides. William Carter Graham deposed— l am a packer nnd carter, and have known tho prisoner for tho last eight or nine years. I knew him first ut Ararat and Pleasant Creek, in Yietorin. Ho was then keeping a public house, a licensed houso, undor tho titlo of tho Bendigo Hotel. I was in tho house several times, but I got. acquainted with him better whon ho was working a quartz reef. Ho was working close lo whoro 1 was, and was greatly respected on Ararat. I havo seen him on juries, seen him ehiirmnn at public meetings. I know his wifo ns well as him, and I know that sho was givon to drink. I can say nothing np .to tho state of mind of deceased at tho time of hor death, but I have seen her cranky Homotiines in Victoria. I knew the prisoner at Quccnstown in Otago. His wifo was not with him at the time, Prisoner told mo then I hat he thought it would be no uso us she would spend the mi ney in drink, but ho must not bee her starve. I Knew Catherine Jones, nnd saw her fust on New Years' day. She came to mo and said, she knew . me in Hobart Town, and asked me about somo place theie, She then wanted mo to go homo with hor. I havo seen a man in bed with her. I saw hor during the New Years' week, and she was drank nnd riding on hoisoback. I should describe hor as a woman of no oharnctor, and would not bolievo her on her oath. Between tlic day after New Years' day and tho Friday following, I saw her in a houso in llcvcll street. ■- Charles Urock deposed— l am landlord of tho Sportsman*' Arms, and know Catherine Jonos. I havo seen hor in my houso with a man and beastly drunk. She said to mo, " I don't suppose you know me Brook," 1 said, "I don't suppose I do." Sho then said, that sho hud kept a shanty ab Uendigo, and that I had a drink or two in her place, that if I did not know her I could go to . (The expression u s ed in quiet unlit for publication.) I havo heard hor use had language, and on ono onasion ha I to send my wit'o out of tho bar on account of the oxpicssionssho usi'il. Her general diameter I do not know, but 1 havo scon her pass my placo with men ami appear the worse for liquor at limes. What I know of her character i.s A'eiy bad, ami I would nob belijvo hor on her oath. This was tho case for tho dofonco. Mr Sou Lh then roso and addrc&scd the jury, lie Slid that, a very solemn and paiuful task devolved ni.on him Hint day, as tho prisonor was charged with the highest offence known to tho law. , His Honor— Except treason, Mr ooutli. Mr. South rosumod— -As his Honor says, treason ulono oxcoptcd. It would bo nn Insuit to ask tho jury lo oiscurd from their minds any impression Ihoy might havo formed from hiicknoyod rumour provious to their coining inlo court. Ho know tho jury too woll by general rcpulo, and through tho paft nco they had exhibit d during tho trial, to suppose that any improssion convoyed lo llioir minds prior to getting into tho box, where thoy were sworn to try tho prisonor on tho ovidonco brought boforo thorn, could havo any ofl'eet on thoir verdict. It had boon a protrattod trial, but ho was not awuro Unit ho had beon iv any way tho causo of unn icossarily wasting limo to put any questions tint woro irrelevant to tho issue. If ho had dono so it had boon occasioned by his ondoavoring honestly to fulfil a painful duty, w]iioli he would do fearlessly ; but at tho same tinn ho would, whilst showing thorn tho position of tho prisonor, occupy thoir timo us little as possiblo. Ho roforred lo tho gonoral fooling of Crown prosooutors, and tho ideas thoy formod as to tho guilt of porsons, and usod in illustration tho opinion ft{r, Puucan. fo th, g

ensj lind formed, and wished tho jury to accept, in roforenco to Aloxaudor's ovidcn'co — vi/,., Ihiit the priflonoi* was about to go to tho O ivy on tho day of tho alleged murder. Jt wa< Ihe duty of tho counsel for tho dofonco to mnko tho most of all tho ovidonco in tho prisoner's favour, without pledging himself to tho accuracy of what ho brought forwan', which was the function of the jury to consider. Ho quolod an instance whoro Justice Tindnl laid this axiom down, and considered that in doing bo counsol woro justillod in tho most honorable aenso of tho word. It was ono of tho most solemn duties on earth to stand botweon tho ucouscd and tho Crown. Tho jury woro tho arbiters of tho prisoner's fato, and with them rusted his deliverance or convict ion; uud it would bo iv dreadful and awful dereliction of duty for thorn to come into tho box with tho least idea of allowing thomsolvos to bo influoncod by anything thoy had proviously hoard. Ho know how difficult it wus for tho mind to divost itsolf of improssions that it had once formed, and ulso that it was nearly impossible to do so ; if in endeavoring to orxdicnto any such impressions ho transgressed beyond bounds his Honor in summing up would tell them so. Tho inannor in which the case had been introduced into this court was most astonishing to him ; in fact, ho might say that it was astounding, considering the circumstances that wore known to the police. At tho same time, he did not wish to comment on or abuse tho police, uor did ho wish to question their right to bring such evidence forward as they thought proper, but he considered in ouch a serious oust) as this, that all evidence, favomblo or unfavorable, should bo brought forward. The Crown Pimccutor would no doubt say that the evidence was defective j but this was hardly a sufficient answer. It was known that certain evidonce had bpen or was ready to be given, but it had not been produced. Was it favorable or unfavorable ? Ifrpeoinlly ho would ask why had it been suppressed ? He confessed ho did not Hkoitho withholding of evidence in this way, for he considered tho se.iles of testimony should bo held evenly. Th<j police were bound in strict justice to tho accused, and it was a snored duty on their part, to bring forward ovory tittle ol evidence, whether favorably or otherwise . He would leave tho subject after these remarks, and would go through tho ovidence. Tho first was that of Jainn? Atkinson, but this was not of importance, as it merely proved finding tho body and giving information to tho police. The evidonce of constable White was, however, of vast importance to tho prisoner, and to his acts after the first discovory of tho body. Ho asked if t<ie conduct of tho prisoner when first meeting White, and on first being arrested, showed the man of guilt, or was his conduct rucli as would havo characterised a guilty man ? What did tho policeman say but that prisoner was coming on, not. running, bub hurrying, to whore lio had been told a body answering tho description of his wife had buou found ? He was not found running away, Ivit hurrying — that wim, going rapidly of his own motion, or ex meo motit, as the Latin phraso has it — to ascertain what had really happened, and whether the body wai tho boi'y of his wife, as he suspuotcd from what had previously occurred, and what lu<l boon said. It was shown by White's evidence that prisoner was actually going to sco the corpse whou he was arrested, and this w.is tho inception to tho charge. The accused came to the c.\mp is chargod, mid most naturally got into conversation with Sorgoant M'lnnca. This oflicor ho had proviously applied to, in order to check tho drunken propensities of tho uufortunato deceased. It was foolish, and por-har-s oven unmanly on his (tho prisoner's) part to havo gono about seeking tho authorities to do what ho should htivo dono himsolf, vix., take (iiiro of his wife ; but was thoro tho smallest ovidoneo of guilt in such a proceeding. This would show tho motives that actuated tho man. It had boon proved that tho unfortunate woman had boon drinking for years, but on going to tho police in reforonco to it, prisoner was at onco looked on as a suspicious character. What was more natural than that, ho should havo bo acted, and ho was not singular in so doing. Ho (tho loarnod counsol) had known numerous eases where families had been cursed with a relative addicted, to drinking, arid had called in tho interposition of the authorities iv order to quoll tho inclination. It was, howovor, ridiculous to attempt to check a rooted habit, jt wua liko expecting good from a child brought up undor tho most pernicious inlluonces, Any attempt nt reform under such circumstances was a niisorablo deception. Tho jury would remark that when tho prisoner went to tho camp ho wishod tho officer to tftko notico that ho hart roportod tho stuto of nil airs iv case of anything occurring to his wife, or rather in case of anything happening lo her. Look nt tho olfect of that statement on tho mind of tho officer, it wus such ad to almost causo a smilo of derision. Bccuuse, in fict, ho called tho uttoiitiou of tho polico to his wifo's excoss nnd its probablo consequences, lie was suspected of killing hor afterwards. Such a deduction was miserable rubbish. Ho (tho learned counsol) would take tho case on two bases. 110 would take it as utterly discrediting tho testimony of auoh a vilo character as Calhorinq Jones, without which thoro was nothing whntovcr to conviot tho prisoner, or tako it altogether without the ovidonco of tho witness for tho dofonco, Oassell, just us tho Crown pleasod. On noithor could the indict mont bo tmstnincd that prisoner killed his wifo with mnheo aforethought. Tako tho ovidonco ofCassollj not ono worJ of waiit ho had suid had been contradict ed, or oven questioned, and tho eross-oxnmination to which he had been subjected, had not in the smallost dogren shaken his ovidcuco in chiof. Sometimes either dishonesty or direct probity lends witnesses to anticipate questions, but ho would ask the jury, was thoio anything of tho kind observable iv tho demeanor or evidence of Cassoll ? Soinotiines it was found that witnesses woro up at iintitnoly hours lo serve cortuiti purposes, 1 1 ifl this could not be alleged in this caao, iv fact, till ho (Mr South) hid tho brief handed him he knew nothing ns to what Cassoll would provo. There was good reason shown why Cus«oll went ouliiUhotimo named by him ; he had been ill, taken modicinc, and for natural purposes w.'itf obliget) to go out. Tho question was, W'is prisoner at Moss's shop when Alexander .said ho was, and how had ho disposed of his lime ? p Coming to the focus of tho case, viz., the actual (imo when the deceased di.sappeared, and tho witness Cussell was on tho beach ; ho hail already given reasons for crediting Cansell as to timo. The Crown prosecutor would no doubt comment on the fact that Cussell' had on tho day when deceased was drowned, stated that ho saw a female on tho beach at 5 o'clock instead of nine. A mistako in limo such as that was nothing unusual, and the witness immediately afterwards correotod that stutomont, so the jury ho should think, would at onco dismiss it from their minds. Tho witness in question knew in whoso presence lie was, and tho penalty attaching to false evidence, and there was not oven on the part of the Crown tho least imputation on him. Cassells had looked at Dr. Young's watch, ami found it half an hour behind time. Singularly enough, ib was proved this morning that tho tamo watch was also half an hour behind timo on I hat (Saturday) morning, and Dr Young' swore that ho had never altered it sinco that time. If anything corroborative of Cnsseli la evidence could havo been needed, hero it was supplied. Cassells looked at the wa'oh bofore going on tho beach, and out of natural delicacy refrained from relieving nature till oho woman there wont away, and dining tLo timo of hor absence on ono trip did so. Groat stress had been laid on Cissell's conduot on that occasion in not. after missing her making a further aoaroh «'' ,« * olniin » b "t wlrot w.w the foot ? He (Casdell) seutgd \\inw\i <m a. fog, and

saw a wo nan silting on a log near him some thirty <>v forty yards ofl". lie was in severe pain, aid during mo of its paroxysms put his hrad in bi-i hand airl romained so for .i brief period. On again looking up ho found tho woman gono. Tlin Jury nui&t remember everything, far that man's (prisoner's) life was in their hands, and they mu.'ht remember that tho question "Was anyone near?" was asked of Casscll'. Tho roply was that there was not. Ho would remark tlmt on such an occasion as thi?, whore everything in fact hinged upon time, that particular minutiio were necessary. When the witness found tho woman gone there was not a soul within sight, and no man, woman, or child in that interval of time could have struck the woman us described by Jones. The Jury, after hearing Cassell's evidence, would be Compelled either to cast the case to the winds of heaven or brand that man with infamous perjury. In reference to the timo, there could lie no mistake as to time, and ho could trace the piisouer and account for every moment precedent to and after tho alleged murder for some hours. The Crown would naturally say why, in case of a woman disappearing s-o suddenly, did not GWclls tako somo more trouble iv looking after her?— why not trouble himself if he saw a woman so mysteriously dis-ippour?— and why did he not think it his duty to k»k after her? As had already been shown, the mnn was guttering from a severe bowel attack that morning, and all know how intensely painful that disease was. and his attention being thus directed he did not take tho saino interest that under other circumstances he might havo dono. Moreover he did not see the prisoner near. Ho did nob s^e the Litter take up a piece of wood, or anything o!se occur to excite a suspicion of any foul play or suicide. As to where the edge of the water was then was a matter of uncertainty, for the ridge was about as far as where at that time hiyb water roso ; and, from tho evidence of tho signalman on that day, at the hour indicated it was high tide. The decensed was sitting on a log in that confused stato of mind notilied to by many witnessfp. She had been obliged to abstain from drink for somo little time. Abstinence nftnr drinking immoderately, as had lieen proved by medical evidence, was the immediately exciting cause of delirium Ircmemt. It lowered the spirits j and tho loss of stimulants, and consequent loss of cerebral oxcitomont lowered tho wholo system physically and mon tally. Then camo tho wish for murder or suicide, generally tho latter. Ho did not want tho jury to tako his dictum, but would refer them to the ovidonco of Dr Ryley, which was calm and oloar, and was in accordanco with extracts which ho would read from Taylor's Jurisprudence. Thoy wcro ns follow, " Habitual drunkenness nppoar to bo tho prodisposiug, while abstinonco from drink is tho oxoitiug causo." Again, " Tho patients aro ofton violent and prono to commit suicide • or murder, moro commonly tho former; henco thoy roquiro clo-soj suporiulondoncu." The deceased was sitting on tho log in this state, and thcro was not v soul near tho place at tho timo. Tho prisonor, moreover, by tbo witnesses had not been traced to whoro his wifo was. They could merely say that thoy had noon him going in tho direction of tho beach, but no ono could say, though thoy tcstiliod to tho fact of tho uufortiinato • deceased being thcro, with tho exception of Catherine Jonos, that ho over wont on tho beach, and of courso tho jury must havo remarked that. He would not slato anything that was not precisely tho fuel, but tho jury would hosituto to believe that ho was thoro when tho only witness that stated so was that crcaturo Jones. Rovorting lo tho witness Cassolls, tho jury must romom« her that at the lime ho was on tho log he was Buli'ci'iug pain, and could not know that a life had been lost, or thought that the woman may havo laid down bohind one of the numerous logs about. Although a plun might havo been produced by the polico, none had boon, nnd no ovideuco to show what logs were on tho ground, what was tho actual distance of tho logs from tho bunk, tho height of the ridge or bank, and how fur tho tho water reached from whoro deccasod was sitting. All this wus loftto coujecturo. CassolU on that occasion did not tako sufficient interest for ho was so concornod with his own ailment us to prevont him from paying such attention as ho otherwise might havo dono j of courso ha I ho suspected what had happoned ho would havo acted otherwise. At that timo that man (prisonor) wa9 not present, and he had proved that he (prisoner) was in Moss's shop, he would trace every minute of his time v ns though it was marked on blue-lined paper. An alibi was ono of the most dangerous defences, unless it wns supported by the most incontrovertible ovidence, and unless it could bo most satisfactorily proved that tho man accused was elsewhere. In fact, the case rested on this basis, viz., aa to whether the jury credited or discarded the evidence of Catherine Jonc. Cassells, after'missing the woman, wont back to Dr. Young's houso nt a particular limo, viz., nearly at high water, and did not this account for what might have happened to deceased, file might have fallen from tlio log, or might havo rushed into the water and beon sucked into tho vortex of tho waves/ It had been shown that a body, under those circumstances, coming in contact with tho logs tossed about in the current, or as it might be called, ocean torrent, would very probably meet with the very injury described by tho polico and medical witness. Whon deceased was sitting there, Cassells had an opportunity (f observing the left side of her face, and he observed nothing peculiar about her. At that timo there was no mark nr injury, and this fact was most import-int to the case, taken along with her sudden disappearance. After this, as had been stated, Cassells wont home and thought no more of the matter till ho saw Dr. Young, about midday, when he informed him that a body had beon found. It immediately struck him (Cassell) that the deceased was the same woman ho had Hoen on the lo<j. and ho went to the camp to exiuniuo the body. Prior lo going or seeing it, however, he described tho kind of dress that the woman ho had seen had worn, and ou seoing her ho found that his desciip'ion was conect, and that deceased and tho woman on tho lo" woro identical. He (Oassell) immediately went down and informed tho authorities of tho circumstance, and yet at tho inquest he was not called ; though tho authorities were actually in possession of "these facts, ho was not called. Looking at this witness's evidence in tho abstract, ho (the 'learned counsel) would ask what possible mo'ive could Cassell havo had for inventing (his tulo. It was not reasonable that a inun would como forward and invent such a statement. Tho witness had no possiblo reason for coming forward, inasmuch as ho did not oven know tho prisoner at tho bur. Ho would como then to tho timo whon prisonor was scon by Moss, a tontmakr, an old man-of-war's man, who belonged to v class, as tho jury know, that scorned to toll a ho, and ho cullod tho jury's apochl attention to this witness' ovidence on that account. Ho (Moss) would not swear to such and such a timo, but from certain facts intertwined, it would bo easy for tho jury to arrivo at tho nino whon tho pnsoucr was at Moss' shop. Tho tiino that Moss must havo seen ths prisonor must havo been about eighteon inmuloa to nino o'clock, for Aloxandor, it had beon sworn, was thoro as noav us possiblo to tlurtoon minutos to 9 o'clock, and Moss had Bftidthatthoprißonorcnmoinflvominutosbofore. This brought Alexander on the scene, and tl o jury would remember his manner and general demeanour which was th.it in .ill lospect* oi an honest artisan. Tho timo given by Alexander fixed beyond question the timo for tlio very suHiciont reason that he (Alpxiuukr) had to go to work, and that ho had thoroforo to keep" his watch corroot. What did the prisoner say in referenco to his wifo?/ Why that tho'last timo he sivw her was from tho window of his homo prior to going to Moss's shop when sho wan Hitting on a log by tlio boiwli. Prisoner *liq» Itft fov Motfsj pd did Juot \ m - $\^