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WELLINGTON, September 2. Mr Graham, A&sistant-R.M,, dismissed the charge of perjury against Detective Benjamin, without calling on Mr Bell for the defence. He said: "I have gone carefully through all the evidence adduced in this case, not without a full sense of the serious responsibility which has been thrown upon me, and have carefully sifted all the grain hoin the chaff, by which latter observation I mean all irrelevant evidence which can by no meant be deemed to have any relation to the issues. I have to consider the case as presented by the prosecution. It has only one aspect, and that is that a base and cruel conspiracy has been entered into by the defendant with Inspector Thomson and Detective Campbell, backed by wilful and corrupt perjury, to hang an innocent man, with no other apparent motive than to shield themselves from the possible obloquy of having failed to bring tlw perpetrator of a cruel murder to justice; while, on the other hand there is the motive of the desire of Ohemis, his wife, her brother, and brother-in-law to shield the former from the consequences of his conviction of the said murder. I have come to the conclusion that the evidence is not such as would justify me in casting such a slur upon the character of the defendant as would* be implied by my referring the matter for the consideration of a jury. I have not the slightest doubt in my own mind that the evidence is not such as would lead to his conviction before any jury. I will, therefore, dismiss the case." Mr Jellicoe applied to have Mrs Chemis bound over under the Vexatious Indictment Act to prosecute Detective Benjaniin before the Grand Jury. The application was granted. The case against Detective Campbell was then called on, whereupon Mr Jellicoe said it was absolutely useless for him to tender evidence, no matter how strong, in view of the Magistrate's decision. The case was accordingly dismissed. Mr Bell asked Mr Graham to say whether there was any stain on the character of the defendants in these cases. Mr Graham said he thought ho had already expressed his opinion sufficiently strong, but he would say again that he thought that there was not the slightest ground for casting any slur whatever on their characters.

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Bibliographic details

THE KAIWARRA MURDER., Issue 8001, 2 September 1889

Word Count

THE KAIWARRA MURDER. Issue 8001, 2 September 1889

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