Untitled

West Coast Times, Issue 114, 29 January 1866, Page 3

wife's death till be came back and &aw Median. What he (Air South) stated was incontrovertible, and the jury would, he had no doubt, draw their own inductions, even if the Crown Prosecutor thought fit to nttack the evidence of ""♦CasfeU. Suppose the prisoner told a lio in reference lo his being on the tho beaoh that morning where was the pi oof of the blow, except from the evidence of Catherine Jones ? The prisoner's time had been accounted for from thirteen minutes to nine o'clock (ill past twelve o'clock, and the evidence was not disputed by the Crown. What was the fiist act thejpiisoner did, or rather what was the fiist thing he said on hearing that the body of a woman had boon found ? He " it must be my wife", knowing from pievious experience the confused state of mind that sho had been in, and that for years sho bad been in-that stale. What was prisoner's fiist act ? It was not to fly like a murderer, not I o secret himself, but to hurry forward to the scene. There was a peculiarity in the records o crime. It had been found that the murdeivrwould for years haunt the spot, as depicted in an immortal work, written by an innnortil author and it hnd been shown that there was some idiosyncrasy of mind in persons who had been guilty of great crimes in this respect. At the same limo it had been observed (hat at tho time (hey avoided tho spot, but this w.is not tho case in tho present ense. Tho prisoner, so far from avoiding, sought to , ascertain (ho truth, and by so doing rushed _^tfnto tho lion's mouth ; and ho asked was his conduct that of a man conscious of guilt ? Ho was satisfied in his mind that ho had said as much as ho need say, nnd ho did not want lo detain the jury, but lie was unwillingly compelled to allude to tho evidenco of tho witness Catherine Jones. Thcro wovo no less than three witnesses who hnd sworn in that witness box thnt they would not bclievo thnt woman on her oath, and ho (Mr South) would candidly say that ho did not either. Placed in the position ho wns he cast off nil vesevvo, nnd he Avould not bo doing his duty if ho did not ask them nsinonof (he world, as citizens who saw more than himself, if they could believe such a degraded thing as that witness, when she got inlo the box. A great theologian hud said when a man of bad character and habits was compared with a beast, that it was paying the benst nn ill compliment, nnd so depraved . was human nature that human beings wcro found to do that which beasts novcr did. " Why such beings wpro allowed to walk tho earth God Almighty only knew, and such n one was tho only witness who said sho snw the Mow struck, and sho said that, sho was distant from three hundred to five hundred yards. She stated (hat tho blow was made sideways, thus. (Tho learned counsel illustrated the *y manner in which Iho blow was said to bo struck.) ~ Tho ovidenco of this witness was worthless, for sho had sworn one lio upon tho other to that extent that (ho jury could not bclievo a word sho said. She hnd sworn (lint sho wns never drunk, never in Bcvoll street, several days after .deceased's death, and liad uover committed whoredom. Let tho jury look at the evidenco in contradiction of' these statements, and let them take Ihat of Graham for instance. Thnt man hnd comes forward ns a voluntary witness on behalf of the prisoner, becauso he felt it his duly to do so, and he had given important evidenco. "Was not that woman convicted in their eyes of frightful perjury, tho most horrid perjury — perjury founded on statements which would havo the effect of depriving a man of life '{ There wns only ono count in (ho indictment, that for murder, and nothing less, and thero was no opening for tho jury to find Iho prisoner guilty of manslaughter. "Why iho woman in question could have ■ 'given such testimony would only be known when nil met on that awful day of reckoning which none could escape. Should it be said that with the smallest— the remotest doubt on their minds, founded on this woman's evidence, that any jury would convict any prisoner, nnd to cause . him to bo executed for murder. The evidence of the other women went no further than to show that the prisoner was on the beach that morning ; but did not attempt to connect him with the act with which he was then charged. The prisoner had been pioved to have been during his life a respectable man, and the Crown had the power to test him as to his having been in a court of justice before on any charge, or that his witnesses had made tiny false statements ; but nothing whatever of the kind had been shown, and in fact, nothing wha.tevor bad been attached to his witnesses. As to the discretion the authorities had shown in bringing forward evidence that would he for the jury to judge. He oily wanted to be of i&rvice to his client. His Honor remarked, that the evidence in nuestion had been elicited by tho Coroner's riry. v X Mr Sonth admitted that this wns tho case. He would refnr to the medical evidence. First of all, ns to tho appearance of fho body ns piesented to Dr. ltyle.y ; and ho considered that that gentleman had given the clearest evidence on this subject. At the same time all ho (Dr. Kyley) had said was mere hypothesis, and he deposed to what might have been. Dr. Ryley said, tbat ?uch appearances might have been caused, might have produced death immediately. The deceased might have been rendered insensible, might Imvd been thrown into tho water afterwards, and thereby might luvebccn drowned. This was going round in a circle and ending in nothing. Dr Eyley could give no positive ovidenco whether tho blow was inflicted beforo or aftor death, and in this evidence he (Air South) had tho fullest confidence. Tho jury would bo aware that ho had cross-examined j)v Ryloy as (o tho breach of continuity in the cuticle. On Dv Ryloy being examined in chief ho said that no' breach of ttto skin was found, but on further examination it transpired that there was an abrasion of the cuticlo or outsido skin, but that tho dayago to tho culis vera was very slight and there was very slight, extravasation of blooei. There was nothing to account for death, bo"causolho substance of the brain wns not injured. Taken in connection with that was it iiot possiblo and probable that anyono coming in contact with a log or stono in a violont - current such as runs along tho beach would rcceivo just such injuries as had been described. Nothing had been said about any injury to tho bono, nnd if tho jury holiovodtho wildly ridiculous ovidenco of Catherine Jones, such a blow would have smashed Iho head of deceased, but nothing whatovcr hnd been said about any injury to tho bono. Could the jury como to any other conclusion, taking into consideration tho state of mind of tho 'unfortunalo deceased, who, as tho witness Graham had snid, hnd been sometimes " cranky" • from tho effects of drink, than that sho had destroyed herself. Abstinence from drink in a person of her habits had been proved to bo tho exciting causo oi delirium tremens, and thnt sho was in such a slato of mind had been shown by her conduct. Dr. Eyloy had proved that 'in tbo stomach thoro was no truco of ulcohol, and had failed to discover any symptoms of such in any part of the body. Such being the caso, the' logical deduction was th.it as the medical man had failed lo discover what must have boon present had deceased taken any tpii it— abstinence liom the accustcmed stimulant had caused her state of nu'nd, and that a»ain had brought about her >*- death. She wight have had a lit, fell, and was enveloped in the wave*, and struck her head nga ; nst a log, causing (he injury referred 10. His Honor reminded Air South, that it had bean proved deceased had had a nobbier that morning. Mr South said, that was true. Sho had had a nobbier many hours before, but Dr Ryley failed to discover nny trace of, alcohol, and if nny quantity of aloohol had beontakou it would not liavo boon ro speedily absorbed, espe;iully 0) tit© Momaoli vug inrtiallyfft led jj such .

l'piiig tlm case, ami v sullicient <|imiility of stiiiuihuits not linvitif; boon liikon (o keep «i> tlic system after her previous liabit, lie contended tliat llie slate, of dejuei-sion refencd to by Taylor bad set in, and, ilmt tbo existing cause, inducing Kiiicido existed in the unfortunate woman's mind. She was seen by tlio witness in that low Male, nnd what could bo more consistent limn tlic idea that .slic com initlcd suicide. There was no evidence of violence more tlinn would in all probability have been occasioned by tho 1 ody being das-hud about by the sea. lie did not need to tmy more to the jury as to their drily, but if they had a doubt in their minds, and if they wished to sleep on their pillows witli easy consciences they would give the prisoner the benefit of that doubt. He believed ho had referred to all tho points of the defence but ho would oft'er a few more rcmnrkfi on tho state of tho body. His Honor had put several pointed questions as to tho state of tho skin, but there wns no evidence on that point. As to deceased having met with a violent death , there wns nothing whatever to sujiporD such n. proposition. The features were described as calm. It was truo that the moulli was open, but that was opened by tho police. There vwts no appearance of horror on the countenance, as would have been (I c caso had deccn-ed met with a violent dcntli. In sucli a case, horror uonM havo been stamped indelibly on the face ; the eyes would have been glaring ; the tongue half bitten through ; but all these appcarancos were absent, and the fair and reasonable suppoMln n was that deceased either voluntarily committed suicide, or that sho fell off tho log whilst in a fit, had rolled down the hill, nnd been drawn into tbo sea. lie left tho ense in the hands of the jury with tho fullest coilidpnce that thoj would deliver the prisoner from the elin'go, and he felt that they had throughout the trial given the caso tbc-ir most zealous attention. After some further remarks in connection with this subject, he concluded byaskingif tho jury, wilhoutcoining to an nbsurd conclusion could find tho prisoner guilty of wilful murder. They stood there between tlio prisoner nnd his Maker, than which no moro nwl'ul i unction could bo exercised. It would bo still moro awful if by their verdict they sent, that man lo his la>t account having the .slightest or remotest elotibt of his innocence. The Crown Prosecutor replied— lt wns not n parr of tho duly of tho jury at all lo consider the oN'cit that would follow their verdict. They were sworn s-olenwh to giveavcrdict ns lo Ihc guilt or innocence of Hie prisoner after hearing the evidence brought beforo them. Tho defence had been exactly what ho oxpectod — that Iho unfortunate woman had met her death by her own hands, not by tho hmuls of her luifbnnd, and (lint a sucUlon attack of delirium trcHiriis had induced her to commit (ho ad. Ho Mould mk what j.roof \vt;s (hero (1 at such had boi'ii tho caso and where wlto tho symptoms described by Taylor lo bhow that sho was in imy Mich t>lu(<\ It \wts said that abbtinence was the exciting cause, but it had not boon proved that the deceased had übstained tit till. In order Unit the jury might have an opportunity of aseerlaii'ing whether (he decinml did show any symplun whatever as described by Taylor, of (ho eliMnso referred to, lie would read the full extract, of which the counsol for Iho prisoner had read a poition. It was as follows: — " Ihliiium Tnimus is a disordered btate of mind, which piocm's from an abuse of intoxicating liquors. Habitual drunkenness appears lo bo the predte) osing, ■whilst, abstinence from drink is the innccdinto, exciting cause. Thus, (ho ehVmler decs not show itself until Iho accustomed Kliuuilr.nl has been withdrawn for a certain period. It comindices with tremors of the Inmd.s, by whioh it is known from ordinary delirium, and restlessness, and (ho palicnt is subject to 1 alluoinalions nnd illusions sometimes of v hoiriblo lind, referring (o past occupations or events, The patients are often violent, and proi o to commit suicide or murder, moro eomn only tho former, hence Ihey require closo superintendence." Was (hero a liltlo of evidence lo show lhal Iho unforlur.nto woman presented any of (hose sunploms as? shown 1 There wns no excited 'nmiuicr — no nervous tremor ; nor, in fact, any indicatiiin whatever leading io thebplief that tho deceased intended to commit suicide He might remind ihem of a question, the lii:>t question in ciocsexamination that be asked the witness Casscll. It was what was hiu experience of delirium tremens ? and bo replied that he had none. In Older to sot this question at rest, he had recalled Airs Wright lor the expic-s puiposo of showing that at a very recent pericd before her death deceased had no idea of death, but was thinking on woildly mat crs. Sho called, as was shown, to ascertain the amount of her account, and said she would call and elisclmrgc it. Was that the conduct of a woman who in a few minutes, or in half an hour, intended lo commit suicide '( \V<t« that the conduct of a woman who neveragain intended loseellr.'AViight? We should say not so. As to the alleged abstinence it ]>nd been pioved that the ftifclit before the woman's death the prisoner had complained that sho was drunk. At the namo time, prisoner said that he was determined lo s-tay at home for a week, in oider to keep tho woman fiom drink, and added that if he could not do so be would finish her. That was stated the night before she was murdered. Prisoner ?aid if he could not succeed he would finish her. Then, the next morning, the h'tht lime deceased appeared on tho scene, sho went to Median's, d.sked for and obtained drink. This disposed of the allegation thnt she died witlrout drink in her stomach. It was true that hhe asked for bn inly, and took it away ; hut it was only reasonable to believe, from the knowledge of the character and previous l.iiUls of deceased, that sho drank it. Under all these circumstances, he called upon tho jury to dismiss from their minds that (he deceased died by her own act. Tho learned coumol then commented on the conduct of the prisoner on his arrest— his imlill'crence, nnd his accepting her death iik a fact, without taking the (rouble to Kitisfy l.imsolf by ail inspection of Iho corpse. 110 ako relVned to prisoner's conduct at tho camp, uhciMiire.'.Ud, his denial of being on the bench k-fuie lie knew tbat anyone would accuse him of being there. Tho Crown Prosecutor proceeded to oxplain that tho prisoner did all these thing* because lie knew ho was guilty ; becauso ho knew that ho had tnken up tho piece of wood Mini ( ealt the deceased the blow, us described ; li-cftnso ho knew that f-lic had fallen over (he edu-e, know that the body was in the water, and wished to explain his gnili, away by slating that she had committed .suicide. If the prisoner »mis ignorant of the death, bo surely would havo been anxious lo have' seen (ho appearance of tl c body, nod have ascertained tho cau«o of death. Beyond all do.ibl, the manner in which deceased met her death had been proved. Malice, beyond all doubt, had been proved for weeks ,imd weeks beforo tho death, all converging lo the niisorablo emd of (he minemblo existence betweon tho u ; ending in murder. It hud been provod that (ho prisoner had thrown his wife out of (1 )ors, or at least that (ho woman was oxpollocl by i'oicc, and then brutally kicked by the prisoner. 110 would not wish to go beyond his duty in that case, but would rathor koop within it' than go beyond it. JIo did not thirst for tho conviction of Iho prisoner, but ho wisho 1 lo sco justices done. O'Toole had already proved tho brutality of tho prisonor, and showed tho animus Hint existed on his part. 110 would then ioino to Iho 2nd of Fobr wry. Tho witness proved that up to about nine o'clock (ho dec •• sod was engaged in car -y ing "drill wood from tho beach, nnd tho ovido ice of sovcrnl persons proved that about tha lime she was sitting on a 10/ on tho bench. Great stress hnd boon laid oi. tho part of Dr. young's and Aloxandor's watch indicnt'ng that time, hut he con-, tended thnt ft wn» impossible to tulip thul

evidence us material, for I hi 1 wiinitscH for the <Jio\wi li'id nn watches nnd i-pokcn ;:(iK'iully in reference to the time. Al'icr f-oinn I'uiUim 1 icmarks on this Mil'jeet, lie pointed out that, 1» n liuinlicr of witness cr, prisoner lutd been mtm lo po on the bench, and to {,'ct Swithiu ten or twelve ynrels of his wife, and he commented on tho f.tel of pii«C'iier's deni.'il of having boon thero. In reference (o tho cvidonco of Cns-011, ho did not wish to impugn it injthe le.wl, hut it hnd not been shown thntO.iPSpll saw deceased silling on Iho slump or log that Iho others did. O'ii.ssell snw her sitting on a stump, and from hi.s ovidence it was clear that she could not havo committed micidc. Tho reason was clear, for roic, wilhin half a minute walked to the ppot where deceased hnd been, looked round, nnd inlo the water, nnd &nw not a trace of her, either by foe tninrks, or in tho water. Cnssell snw the usual marks caused by tho tvnllic to tie Grey, nnd thorcfoio Iho water could not havo been so near ns represented, by pi isonor's counsel. ]sut (the Crown Prosecutor) could offer another nnd moro reasonable explanation. If the woman hnd not gone back ngnin, fiho could very easily, whilst Cassell was not observing, havo pnp&cd lo tho southward ot him, at his back, to Iho log whore .all tho witnesses described her as hitting on a long 1 >g, some fifty yards from wliero Casscll miw Ji jr. He nsked if that wns not possible, nnel even coiroborntivp of the evidence of Jonefi. In reference to that witness, the learned counsol aigueel that her evidenco should be taken, for oven if her genoral character wns disreputable, her testimony on Ibis occasion hod bee i a thoroughly substantiated by other witnesses, mid lio nsked tho jury to nnnlyso it closely, when thoy would finel {hat it hael -not been shaken in tho smallest degree If elcccaseel hnd, ns was nllegoel, committed suicide, tlio b\ioyancy of her clothes and body would hnvo kepi her in sight of Cassoll at tho timo ho missed her, anel ho must, ns ho looked in tlio direct ion of tho son, hnvo seen her. Inroforenooto the police not bringing forward evidence, h ) considered that in not bringing forward Cnssoll they were thorougly justified. Cnssoll originally slated he snw deceased at /i oVock in th • morning, nnd suUpqiicntly s-aid it, wns nt tho Inter pe-riod !) o'clock. It would not have been filling for i ho Croun to have brought forward any pcison who etevinte'd so materially in his statements, as no jury could come lo a snfe conclusion under surh circumstances. He very caiefully went rhrouqh tho ovido co for the defence, referring to tlio statement of the prisonor, as being not only compatible with, but actual evidence of his guilt. Inrcfcionce ngnin lo the evidence of the woman Jones, ho .'irgued thnt Hie jury ought to nc.epthcr evidence, nnd pointed out that in ovoiy matorinl lointilwn.s fonlirmcd by others. In explanation of Mrs Jones' silence fur so long a. time after Iho death blow, he acconnled for it I y tho fnot. (lint when Mix Gandlo told IWi.s Jones that a body 1 nd been found, hlic failed lo inform her if tho person's naino, and nx unfortunately loss of HtV was by no moans infre(|ucnl in llokilika, (ho did not attach tho imporluneo lo such tin event, an would bo evinced in other places. Ho argued on this subject nt considoinble lurgth. Tho medical ovidenie-e, he considered, tin roughly corroborated that of Jones's ns well tho silent evidence of death itself. What ln;d been proved in reference lo tho blow on tho cheek anel tho wound on the forehead . identified Iho pii.'wner with Iho blow given as alleged by Jones', l)r Ryley slill further conobmntcd this btatement, for ho said that a wound just such as appeared em deceased could have been given in just such a manner ns wns described by Jones, anel thai it might havo caused death or insensibility, Jones's evidenco wns thus <orro l >orntod actually unknown to lici.sol l", nnd in spite of her general diameter tho jury were horn d, therefore, lo believo her cvielence. It' they did accept her evidenco as truthful, what diel that lead lo but one of tho clearest «ucs of murder which a jury could expect ever to bo brought beforo them? He explained tho dilVcicnco between murder and manslaughter, ai.d ntid that ilivru could be no medium wrdici. This was either murder or nothing, lie 1 left the c.\so with pcifcetl conlielenco in their bunds, having observed the very peitincnt questions they hnd ]iit during the coun-e of Ihctiinl. He ngnin reminded llicin Hint Ihey were not lo think of lu^cons-pqucncofj of their verdict. They had sweirn beforo (jjoel nnd man to give v veidict in nccoidnnco with Iho ovidenco brought beforo Ihcm ; nnd ho confidently expOcte'd Unit thoy wou'el find Iho jiri.iOHL'1 1 jjiiiUy e>f the) criiuo alleged ugninst him. His Honor in summing up puiil n high compliiiu'iit to Iho jury for Iho attention they had paid to Hie cape, nnel said thai in consequence* it wns e-leurly uiuuwKMiry for him lo remind them ejfthe 1 duties thnl devolved eipjn them in relation to the ense. Ho called upon them to elise'iuel from their winds nny impressiojis they mighl hnvo received in reference lo tho prisoner, lie wMicd tho jury nUo to consieler that any e-omments ho might mala 1 should not Iw considered ns directions, but should be (alien us simply opinions. Ho agreed with tho Crown Prosecutor (hut in this enso there was :io middle course. The verdict must be either murder or acquittal. He pointeel out Ihe distinction between iuureler anel mnnslnunhler, bi|t particularly explained what constituted mureler, ivueling extracts from Taylor's work em ovileMiee in I'nrlher explanation. His Honor then went "e-ry caiefully through the evidenco interspersing it with eoniinenlx which wcro on the whole exceedingly favourable to the piisonor. The jury ictimi for conciliation, but were not abuent above twenty minutes, when they returned a veidict of i:ot yuilly. The verdict was received with npplaiiho which was instantly checked. His Honor, nt (he lamination of the cisc, reminded tho learned Crown Solicitor I bat the prisoner, (leprji? Stuwnit, had been tried on tlio indictment, and Hint the Coroner';) warituit wns slill in fdree. His Honor then inquiied of Iho pmonoi's counsel what Jeoiu.-o lie desiied taken with tho prison?! , wit li liquid lo Iho Corona's "warrant. Mr South sibinilled to his Honor Hint the juiy could In) 10-inipnnnelled t.i try the issue ihereon, nnd tho prisoner tender his j lo i of uiilerfois an/nit. His Honor — The Cimvn Solicitor will, i,o doubt, accept lender of such plea. Mr Duncan foinmlly assented, and the jtuy having been 10-iinpannellcd, Mr South tendered on behalf of the primmer, hi.s plea of uiiter/uis acquit, which wns accept eel, anel the jury were charged by his Honor, and dit-cctcel to acquit the prisoner. This boin/j done, ibo prisonor, on application of his counsel, wns elfochnigcel. The Court then adjourned sine die.