THE DALTON MURDER TRIAL.

Grey River Argus, Volume XXXII, Issue 7318, 12 March 1892, Page 4

THE DALTON MURDER TRIAL.

(per press association.) WellingtjN, March 11. Harrison, the Finn, was put in the witness box for the defence this morniiig. He stated positively that he had nev*r seen Dalton alive after he left E. Clifton's Hotel, and he heard no row while going home. Smith and Dalton left him at the hotel, and he went out afterwards to look for Smith, who p : oked him up on | his way to the teDt. His reason for asking for his time, was that he wished to go back to Eketahuna to join Dalton, who was an old mate of h's. He accounted for the blood on his clothes by saying he had been wrestling with Smith, and scratched his elbow and thumb. Accused gave his evidence quietly, and apparently without reserve. Under crossexamination, he Bald that when Smith and Dalton left him at the hotel, he did not make arrangements to pick up Smith, afterwards, admitted he waß under the influence of drink to some extent, and had not a distinct recollection of every* thing that occurred. In bia address to the jury in the murder case Mr Coates, who appeared for the prisoners, laid stress upon the evidence of Harris, in which it had not been shaken in cross-examination. It might appear somewhat strange that he had called only one of the prisoners to give evidence. The answer was a very easy one, viz — that Smith spoke very imperfect English, and if he were called he would say exactly what Harrison had told them. He asked the jury to consider what the motive of the prisoners could have been for the cummittal of such a terrible crime as that which the prosecution sought to attribute to them. He pointed out that the scene of murder was Biturated with blood. There were, he said, pools of blood here and there and everywhere, and yet not a trace of blood was found upon any of the clothing worn by the accused with exception of a small smear npon a grey Bhirt worn by Harrison. This had been accounted for by Harrison, who had told the jury he had cut his elbow and his thumb in struggling with Smith on the road metal. Not a trace of blood had been found upon either blade 3or handles of the knives found in the tent. These knives were not placed in concealment, but were lying about quite carelessly in the tent. Mr Gully addressed the jury on behalf of the Crown, reviewing the evidence with a view to show that either one or the other, or possibly both, of the prisoners were the actual murderer or murderers. Looking at the evidence, he confessed it occured to him that the actual murderer or murderers had got into a quarrel with Dalton either for the purpose of robbing him or through anger while in liquor into what to Englishmen would have been only a harmless brawl. The prisoners, being foreigners, might have drawn a knife and stabbed deceased, not possibly with the Idea of murdering him, but only to disable him. Counsel suggested that Harrison's evidence was open to suspicion. He might have told the whole truth had he been possibly desirous of shielding bia fellow prisoner. The conduct of accused after they arrived at the camp had been something out of the common ; and with regard to the assertion of the counsel for the defence, that it was unlikely the prisoners could have committed the mnrder, he thought that little stress should be laid upon that, inasmuch as if stab . were inflicted upon the deceased when he was in a prone position but Ul t'e blood would spurt from the wound to any great distance, and this would account for the absence of blood upon the man's clothing. Judge Richmond then Bummed up the main facts against the prisoners. He said that they were or were supposed to have been in company with Dalton up till the time he received the fatal wounds. It was established as a mattsr of certainty that Smith and Dalton went out together, but the evidence on other points was very inconsistent There was one remarkable feature in the case— that was the show of knives which had taken place was more than a quarter of a mile from where the knives were used. Assassins ware not in the habit of showing knives beforehand. It was a singular circumstance tbat the men produced knives so long before they used them, that was supposing them to be the murderers. It was difficult to see how the deed oonld be committed where it was without people hearing it. His Honor next referred to the strange conduct of Harrison in returning to camp, remarking that his icceitrlc behavior might be 'explained by the drink he had taken, although the waik should have Bobered him. He did not thick they should bring one man in guilty and aqnit the other upon anything Harrison had eald. B s Honor's recommendation upon that point was very strong. To do sash a thing would be most unfortunate. If they came to the conclusion that both men were together and that one of them struck the blow then they were both guilty of murder. He did not think a verdict of manslaughter was possible. It was, In his opinion, a case of murder or nothing. He was not going to form any theories as to auy possible mode by which this dark deed had been done by others than the men afc the bar. The case against them was one of strong suspicion, and it was the duty of the jnry to Bee whsther it waß anythiDg else. If they thought the charge not proved it was their duty to say "not guilty." The jury retired to consider their verdict at 4 5 p m. The jury in- the murder case have failed to agree upon a verdict. When Judge Richmond resumed hii seat on the bench at 10 o'clock to-night the foreman informed him that there was no possibility of an agreement and the jury were therefore locked up for the night. They wi'l be discharged at nine o'clock to-moiro* miming, when the Crown Prosecutor will probably ask for a new trial. Great interest is being taken in the case and the oourt was densely crowded when the jury returned to-night.