SOUTHERN PROVINCES.

Daily Southern Cross, Volume XXII, Issue 2675, 12 February 1866, Page 5

SOUTHERN PROVINCES.

JBt the 'Queen' which arrived on Saturday, we have later Southern, dates. We extract: —

TRIAL FOR MURDER AT INVERCARGILL. The Southland News of the 25th instant has the following summary of the evidence in the case of Regina v. McCounell, for the murder of Mrs. Farrar, in Spey-street, Invercargill, in November last. The trial took place hefore Mr. Justice Kichmond, and resulted in the acquittal of the prisoner. Mr. T. M. Macdonald conducted the case for the Crown. Mr. Harvey, with whom was Mr. Macassey, of Dunedin, was retained for the defence. The first witnesses examined were simply questioned regarding matters of detail. A model (constructed by Mr. Smith) of the whare in which the murder was committed, was submitted to the inspection of the jury, and which showed the position in which the body was found, and the different articles of furniture in their places, and materially assisted in the elucidation of the points brought forward in evidence. Dora Walker, and Mrs. Buckley, who were the first persons present at the discovery of the body of deceased, gave evidence respecting the position of the corpse and the state of the room. In their opinion the appearances were not such as to induce the belief of violence having been perpetrated. They agreed in their evidence as to the main points. Neither was able to state definitely the position of ths stick which was found under the body j the one witness (Mrs. Buckley) itating that she only saw the point projecting a few inches on one side of it. The evidence of the police as to the appearances presented by the body was also inconclusive. In fact, it did not appear that at first any suspicion was entertained of foul play, the impression being that deceased had died of apoplexy; and it was only after the discovery of the stick by Mr. Middleton that it was considered necessary to call upon the authorities. The result of their investigation did not at first bear out the impression of violence, inasmuch ai detective Thompson and Sergeant o'Keef,^ when questioning McConnell, did not think it requisite to give him the usual caution, believing that the case was one of sudden death only, in which his evidence might be required. The discovery of a hat, which (with the stick) was known to belong to McConnell, aroused a suspicion, and a post mortem examination by Dr. Monkton, in the presence of Dr. Deck, the coroner, pointed to the conclusion that death had resulted from violence. At the examination just concluded the evidence of the witnesses did not in the slightest degree connect McConnell with the crime, beyond the finding of the bat and stick at deceased's residence. His own statement* to different townsmen were singularly contradictory, but, as his Honor remarked in summing up, they were not to be regarded as evidence of his perpetration of Jthe crime, but rather as indicative of a desire to screen himself from the imputation of having been in deceased's house for an improper purpose. The evidence of the medical witnesses was conclusive as to the cause of death, not differing materially in any particular. The counsel for the accused was apparently successful in an attempt to establish that death had resulted from apoplexy, either serous or common. No rebutting evidence was brought forward' by the counsel for the accused. Bin Honor, in summing up, which occupied an hour and three-quarters, gave a most elaborate resume of the evidence. The weak points of the case on the put of the Crown were most impartially com-

raented on, the inferences favouiable to the accused being with equal prominence stated. The jury retired at about 5 o'clock, and after remaining in deliberation until half-past nine, returned a verdict of not guilty.