THE WINDSOR MURDER.
# DEEMINO'S TRIAL. AN APPLICATION FOR POSTPONEMENT. [Fuom Oue Melbourne Correspondent.] Tuesday, April 26. The interest in the Windsor and Rainhill murders remains unabated in Melbourne as elsewhere, and it is now centred in the trial of Deemicg for the Australian crime, which has been fixed to take place at the present criminal putlogs of the Supreme Court in Melbourne. Deeming’s connection with the two atrocities is so well established that his legal advisers have decided his only hope of escape from the gallows is in the establishment of a plea of Insanity, aud, with a view of obtaining evidence to support such a defence, an application for a postponement of the trial was made to Mr Justice Hodges last Friday. Deeming, since his incarceration, has indulged in very eccentric behaviour, which, there is every reason to believe, has been resorted to so that some support may be given to the plea of insanity. For some days Deeming was engaged in the prepaiation of an autobiography, but what he had written suddenly disappeared, and his own explanation of the occurrence was that be had torn up his manuscript on account of the way be was harassed by continual visits from Dr Shields, the Government medical officer. A report has been circulated that the autobiography has not been destroyed, but is in the possession of the prisoner’s solicitor (Mr Marshall Lyle), The grounds upon which the adjournment waa applied for last Friday were set forth in an affidavit sworn to by Mr Lyle, This document stated that the “greatest prejudice” had been manifested by the pnblic towards the prisoner from the date on which his arrest became known; that he was landed at St. Kilda on Ist April in an extraordinary way, having been received by a posse of plain clothes police, whilst a body of uniform men had been stationed at Port Melbourne for the purpose of deceiving the public as to bis actual destination; that on his arrival he was met by a hostile demonstration on the part of the people assembled on the pier; that for a week after his incarceration in Melbourne Gao! his food was sent in to him from outside, another name being famished, by the desire of his custodians, to prevent the food being poisoned; that the state of public feeling referred to had been fostered and encouraged by the journalistic Press of Melbourne, from which city the jurymen would be drawn who were to try him upon the capital charge; that articles had appeared in all the newspapers declaring bis complicity In crimes of which he has not been found guilty ; and that abuse and execration have been heaped upon him; that at the inquest the coroner had frequently to interrupt the proceedings to repress hostile demonstrations; that whilst the Crown had since the Ist March to prepare their case, Mr Lyle had only since the day of bis committal to prepare the defence; that Mr Lyle only received a copy of the depositions on 13th April, a day before the Easter holidays, which interrupted necessary communications with various persons whose advice and evidence were necessary to the preparation of the defence; that it was not until Thursday, 21st April, that Mr Lyle finally selected the gentlemen who were to appear for the defence; that they advised the application for an adjournment owing to the heavy nature of the work involved in preparing their case; that questions affecting the firisoner’s sanity would be raised, and that t would be necessary for the defence to communicate with persons living in England, India, Sydney, Rockhampton, Cape Town, and other places; that those persons had been written to, but there had been insufficient time for them to reply; that it waa believed they would have information of importance to oommnnioate; and that it waa not possible, if the trial were proceeded with, to arrange for their appearance In Court,
On being brought before the Court Deeming put in a plea of “ Not guilty.” The application for adjournment was made by Mr Beskin (the late Chief Secretary) and Mr Forlonge. The former barrister urged that the affidavit filed furnished sufficient reasons for the postponement of the trial to the next sessions. By that time witnesses within the colonies would be produced in court on behalf of the defence. The prisoner had been of a roving disposition, and bad been in all the colonies.
It would take time to interview witnesses scattered over the colonies. The solloltor for the defense had experienced considerable difficulty in obtaining coherent information and particulars from the prisoner, especially as to the persons in a position to give testimony for the defence. The time had been very short considering the magnitude of the issues. He and Mr Forlonge had only just received their instructions. He put special stress on that paragraph of the affidavit which referred to the manner in which the Press had expressed opinions on the oase. He cited the case of Queen v. Bolan, in which it was pointed out to the judge who heard a similar application that the crowd bad applauded the verdict of the coroner’s court, and the newspapers had published congratulatory paragraphs on snob decision. The solicitor for the defence swore that so much excitement over and prejudice against Bolan had been exhibited that a fair trial was extremely improbable. The judge granted the application for the postponement of the trial. Bis Honor remarked that at the present time, if public excitement and newspaper comments were sufficient to justify the postponement of a case, very few persons would be tried for a long time. Newspapers now published full and sensational particulars of extraordinary oases and comment thereon. It was very necessary and desirable that just punishment should be sure and speedy, and, in oase of innocence, that an acquittal should not be delayed, Mr Deakin urged that it was possible to draw the line of demarcation between ordinary oases and the one under attention. No similar oase had come before the Australian public in which the Press had condemned a man before he was tried. The jurors would certainly be influenced by the paragraphs in the newspapers if the oase were called on immediately. The public mind was dead against the prisoner, and he was exciting an immense amount of antagonistic attention. With regard to the limited time for the preparation of the defence, he cited the case of the Queen v. Taylor. Owing to the haste with which the authorities Axed the hearing of that case, the judge, on application, directed the postponement of the trial, Williams bad only been in the colony three weeks, and yet be was hurried on for trial.
His Honor: Suppose the case be commenced next Friday ? Mr Deakin said it was perfectly impossible to prepare the evidence for the defence by next Friday. He further cited the cases of the Queen v. Jolley and the Queen v. Martha Grey in support of the application. Mr Walsh, Q C. (Crown Prosecutor), opposed the application as being unnecessary. The solicitor for the prisoner bad been present daring the hearing of the case before the coroner’s court, and was in possession of voluminous information. With regard to the Press comments, he was of opinion that they would appear again, and then there would be more applications like the present one. He was sure the jury would accept the guidance of His Honor, and reject from their minds all Press opinions unfair to the prisoner. If the application were granted it would be a precedent-, and the trial might be indefinitely postponed. The additional evidence would not take counsel for the defence ten minutes to consider.
His Honor: The application suggests a waiting for evidence from witnesses,
Mr Deakin said the cable bad been set at work, and Mr Alfred Deeming, a material witms>, had bem communicated with It was not possible to obtain information of the prisoner’s state of miud in tbo colony, as he was a recent arrival.
His Honor said a fear bad been expressed of the possibility of the prisoner not having a fair trial on account of the comments and statements of the newspapers, He thought it unnecessary for him to point out how improper it was for the Press to seek to condemn a prisoner before his conviction. Ho was not satisfied that the prisoner would have a fairer trial if he adjourned the easo for a month than he would have if the case went on during the present sessions. Whenever the trial commenced the excitement would revive, He did not think it probable the prisoner wouldn't have a fair trial, The newspapers would prejudice a prisoner’s case if people gave too much credence to what was printed, but he was certain when the jury entered the court they would disregard everything but the sworn testimony before them. The jury would understand their responsibilities, and be unaffected by the excitement outside the court, With regard to the paragraph of the affidavit stating that there was no time to prepare the defence, he thought sufficient time had been given, and the depositions hud been placed in the hands of the solicitor for the defence. No suggestion had been made that any material witness who could give evidence as to the charge was not in the colony at the present time. The prisoner’s present sanity had not been questioned, and the fact that the prisoner had not rendered much assistance to his solicitor in the preparation of the defence was no reason why the trial should be postponed. As to the question of sanity, or otherwise, there was no one beyond the colony who was necessary to give material evidence on this point. There was nothing in the affidavit to show that the prisoner was insane when the alleged offence was committed, It was of the highest importance that justice should be sure and speedy. The application was refused, and the case would come on for hearing on Thursday next, MISS ROONSEFELL RETURNS THE MONEY SENT HER. When Miss Rountefell accepted Deemingjjs offer of marriage the prisoner furnished her with the sum of L 23, which it was intended to use to defray the expenses of her journey from Bathurst to Southern Cross (West Australia), where Deeming had arranged to meet and marry her. It was not until Miss Rounsefell reached Melbourne thatshe gained intelligence as to the actual character of the man with whom she had innocently entered into a matrimonial contract, and at that time some portion of the sum with which she bad been provided had necessarily been expended. When Deeming reached Melbourne one of the first things he did was to write to his fiancee requesting that she Should devote the remnant of the original sum to the purposes of bis defence. This Miss Roansefell did not do, as she was uncertain what step to take for the best. When the prisoner found that his request had not been acceded to, he exhibited symptoms of annoyance, and instructed his solicitor, Mr Lyle, to institute an action against Miss Bonnsefell for the recovery of the balance of the money. This course will not be pursued now, however, as Miss Ronnsefell returned to Deeming, through the Rev. H. F. Scott, the gaol chaplain, the whole of the L2O, without deduction. The money was accompanied by an intimation from Miss Rouneefell that she absolutely declined to reply to any letter she might receive from the prisoner. The young lady has been in receipt almost daily of commu j nications from Deeming, and has at length given him to understand that if any more arrive they will be destroyed unopened. (Feb Press Association.) FOUND GUILTyTnD SENTENCED TO DEATH. MELBOURNE, May 2. The trial of Frederick Deeming alias Wiliams alias Baron Swauston for the murder of his wife (nle Emily Mather) at Windsor, on or abont the 24th December last, was oonolnded to-day. At 9 p.m. the jury returned with a verdict of “Wilful murder” against Deeming, finding that he was not insane at the time of the murder, nor is he insane now. Sentence of death was passed.
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Bibliographic details
Evening Star, Issue 8815, 3 May 1892, Page 4
Word Count
2,032THE WINDSOR MURDER. Evening Star, Issue 8815, 3 May 1892, Page 4
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