THE GREAT BARRIER MURDER.

Press, Volume XLIV, Issue 6657, 24 January 1887, Page 3

THE GREAT BARRIER MURDER.

VERDICT AND SENTENCE. [press association telegram.] AUCKLAND. January 22. The trial of Geffrey and Penn was resumed to-day. Mr Williamson, before the ewe procjeded, again raised the question as to prisoner s having a light to make a statement after counsel had done so. He argued that counsel and prisoners had net such a right; that if one vras allowed the other should not do so.

Mr Napier contended if a distinction was made now it was a hard case upon him and his client. His Honor thought as it had been granted in one case it ought not in fairness to be denied to the other prisoner in the present case, whatever might bo done in future cases. Mr Napier then addressed tho jury on behalf of the prisoner Penn. Much had been written by the newspapers as to the facts in the case, till it had almost become a trial by newspapers instead of a trial by jury. In all cases of murder that came before the Courts, one of the first things usually done was to find a motive for the committal of the crime. In this case there was not a parriole of evidence to show any motive on the part of the prisoner Penn. Bs, therefore, submitted that one of the moet striking and prominent facts was absent. He would endeavor to show that Penn did not only not commit the murder, but that he could not do so, There had been something said about a challenge, or its being a case of Caffrey or the life of Penn. Without taking up the challenge or admitting anything in the shape of a gauntlet, be would be in a measure compelled to show that Bobert Taylor died at the hands of John Caffrey. He then reviewed the evidence of Mrs Taylor and the girl Grace Graham, to show that Caffrey committed the deed. The Taylor family were strangers to Penn. They had dose him no injury, and he had no feelings of irritation or revenge against them.

Alter the adjournment, in an able speech, Mr Gover, on behalf the Crown, addressed the Court and jury. He exhaustively reviewed the evidence, and showed that if both prisoners were engaged in an unlawful act, and tbat death ensued, both were guilty of murder. His Honer, in summing up, impressed upon the jury the importance of returning m verdict in accordance with the facts of the case, independently of any other consideration whatever, and not to allow their minds to be disturbed by anything coming into Court. It was not necessary for him in that case to define the crime of mnrder, or the distinction between that and manslaughter, but be must say tbat a fouler or more cruel murder than that never stained the of New Zealand. It would be fer them to aay by whom that murder had been committed. It was not necessary that the case for the Crown should give any proof of motive on the part of those who bad oommitted the crime. Alluding to the evidence of Grace Graham, he said each of the prisoners had tried to cast the gufit upon the other, and he pointed out that if the fatal shot were fired by either one or the ether, and they were aiding or abetting each other, both mußi be found guilty of murder. He then discussed the account given by Penn as to the inducement which made him join Caffrey, and what snbse■quently, according to his own statement, took place. It was shown that he had stated an untruth when he first met Jane Taylor, and if he would tell a lie then what would not be told when the prisoners were in their present position ? In reference to Penn’s possession of a revolver, the Judge raid Caffrey had only two and one was afterwards found on the kttohen floor, so there oould be no doubt that Ann had one in his possession before he fm. to the house. Ac to Penn having oommitted any illegal act before be entered the house, the moment tbe gun was fired the act became illegal from beginning to end. He notioed this fact, that the shot fired in No. 2 bedroom was heard by Mrs Taylor after she had seen Penn with his arm round Taylor's He then examined Caffre/a statement remarking that the assertion made by him that he left the house for the swamp before the fourth shot was fired m shown not to be correct by the evv deuce of the girl and Lincoln Taylor, who saw him going from the direction of the house towards where he met Mis Taylor on the beach. The evidenoe showed that both were equally guilty, and if the jury believed that evidenoe they were bound to find f verdict to that effect. They must give the prisoner the benefit of any doubt they might have, but were under a solemn obligation to return a verdict in accordance with the evidence.

The jury retired at 4.30, and returned into Court after an hour's absence with a verdict of " Guilty against both prisoners, but with a recommendation to mercy.” On the prisoners being challenged why sentence of death should not be passed upon them, Caflrey said he never committed the murder i he was inoapable o! such a cowardly act. s \ £ Penn also declared hwumocenoe. He waa led away by Caflrey to join him in setting away Mrs Seymour, bettering she was willing to go with Ceflrey. Ha had no intention or desiga to harm Taylor’s family. <- Hie Honor then assumed the black cap, and delivered the following impressive address, and pronounced the death sen* tenee:—Prisoners at the Bar,—After a lengthened trial and a notable defence you have been found guilty, on evidence which carried conviction to the minds of ail who heard it, of the fearful crime wherewith you stand charged. The jury have recommended you to mercy, and that recommendation shall be duly forwarded to the Governor; but I can holdout no hopes to you now that it will be acted upon, foe since the day when the word waa spoken, “whoso sheds man's blood, by nan bis blood be shed,” no more cold or more deliberate murder has ever been planned or perpetrated. Prom the earth where it waa spilt, the voice of that old man’s blood cries aloud unto heaven. You deemed your escape secure, for the keel of your vessel left no trace that humanity could follow, but you forgot that the way of God is on the seas, and hie path in the great waters. At his word the stormy wind arose. which drove you westward to the shores of Australia, from whence you have been brought hither to face your doom. Yet to you lie law will be more merciful than you were to your victim. You sent him to his last account without one moment’s respite for repentance, to you time will be given to prepare to meet your God. With man’s tribunal you have now well nigh done, bnt hereafter we must all stand before the judgment Beat of Christ, and if yon would there find pardon, I entreat you to spend in penitence and p.’Wer the few days left to you on earth. It o.dy now remains for me to pass upon you the last awful sentence of the law—that you and each of you be severally bung by the neck until you are dead, and may tho Lord, in His infinite meroy, h»ve com* passion on your souls. Penn gave a cynical sickly smile, and bowed to the audience j Ciffrey was equally unmoved, further than showing a hectic flash on bis che< k. The crowd then die* pemed. No manifestation of any kind look place.