THE VALUE OF CIRCUMSTANTIAL EVIDENCE

Inangahua Times, Volume IV, Issue IV, 26 October 1877, Page 2

THE VALUE OF CIRCUMSTANTIAL EVIDENCE

I - Among the prisoners at tho Pentridge Stockade who are undergoing a life sentence, Ihe case of N icl deserves special consideration. The facts of the case are as follows .— About 15 years ago a man named Erongton was found dead outside his door, caused by a gun-shot wound ; and fronl tho circumstances eliicted at tho trial, it appears to have been as bloodthirsty a murder as stains the loner cata* loguo of atrocious crimes in VictoriaSubsequently Niel was arrested on suspicion, as it was known be had written a threatening letter about money matters to Brongton. Kiel's tout was searched, iind a revolver found with one barrel discharged, and also a piece of a newspaper, corresponding with a torn portion of paper found on the wall of Brougton's house, and which was supposed to have been used as wadding for the revolver which shot Brongton. This appears to have been all the evidence against Niel, who was tried at Sandhurst, and sentenced to death. Immediately after sentence of death was passed, a Mr George Jacksou made a statement to Mr Helm, who defended Niel, that the evidence given by the sergeant of police, in reference to drawing the charges from the revolver which was found in Jxiel s tent, was not true. The sergeant swore that he drew the remaining charges, and that the paper over the bullets came out whole whereas Mr Jackson's statement was to the effect that he drew .the charges, and the paper was ground to small pieces from the force of the screw. Counsellor Holm brought Jackson before Mr Justice Pohlman, n who tried the case. The judge attached so much importance to Mr Jackson's statement that it was decided he should go to Melbourne and attended at the meeting of the Executive Council when Kiel's cas>i was to be decided. Mr Jackson repeated tbe statement in the presence of Sir Henry Barkly that he had made to Mr Helm, The piece of paper, which was the principal link in the chain of evidence which convicted Neil, was carefully examined by Sir Henry, who remarked that it appeared strange if tho piece of paper was fired from, firearms that the fine edges of the paper wore not burned ofl'. and from other appearances

t was never fired from a gun or 1 pistol. From this chain of circumstan- < tial evidence at the trial the conclusion < was that Niel had loaded the revolver i with the piece of piper which was found ; on the wall of Brongton's house, and the i corresponding piece was found under his I bed in his tent. It was therefore, on the discrepancies between the sergeant's i evidence and Mr Jackson's statement, together with the doubt as to the pieco of i paper, as having been fired from a gun or : pistol, and tho possibility of Nei having ■ having any knowledge of it that the pro- , rogativc of mercy was extended, and the ; sentence of death commuted to imprisonment for life, Since Niel's cen lemnation there is presumptive evidence that a man committed the offence who was well , known to have been intimate with Mrs Bronston for some time previous to the murder of her husband. Mrs Brongton s levity of manner in the witness bos was ; severely commented on at the trial. What j appears to bo still more convincing proof ! that Mrs Brongton must have had some knowledge of the murder is that about , three weeks after Niel was sent to Pentridge Mi-3 P.rongtou and cmith disappeared from that part of the country, and ! have not been heard of since, but are j thought to be in Now Zealand. Mr Jack- | son Ts still in Sandhurst, and is prepared ! to verify the above statement as far as he ; is concerned in the affair. I