SUPREME COURT.

Nelson Evening Mail, Volume II, Issue 276, 21 November 1867, Page 2

SUPREME COURT.

Wednesday, November 20th. (Before his Honor Mr Justice Richmond.) (Conclusion of the trial of Robert Wilson, for murder.) The Provincial Solicitor, in a speech which occupied an hour in its delivery, after complimenting: the counsel for the defence on the ingenious arguments which he had advanced in favor of the prisoner's innocence, reviewed all the most salient points in the evidence, especially those which, as he contended, clearly proved the identification of rhe murdered man, and also the commission of" a murder. He then followed up the various links in the chain of evidence from the departure of the prisoner and his mate from Auckland for Westport, to the time, when he was last seen in company with him on Wednesday, the 31st July, near the probable scene of the murder at Headman's Creek, and then to the prisoner's appearance in West port on the following' Thursday without his nmto. He then commented on tlie diff rent stories told by prisoner in reference to the disappearance of Lennox, stating at one time that he hud gone away alone to Caledonian Hiil, and then that he had joined some former mates of his at the German Lead, and also upon the fact that the murdered body, b -iieved to be that of Lennox, was found in the creek close to the spo^t where they were last sei-n together, and .where they h-id stated that they were camped, and asked" who but the prisoner (who was known to have been last in his company, and who had beon proved incontestibly to have had many articles belonging to the murdered man Lennox in his possession), could have murdered this man? lie then .alluded to the very suspicious precautions which had been taken by the prisoner- in hiding- away these articles, which had nevertheless been brought to light, as frequent'y happened in such cases. Alter remarking that circumstantial evidence, from its essential freedom from prejudice, was sometimes the best evidence th;it could he adduced, he begged the jury to weigh carefully the whole in ss of evidence, and whilst allowing the prisoner the bpnefit of any reasonable doubt which might present itself to their minds; not to create doubts or difficulties unnecessarily. The Judge then summed up at great length, and commenced by stating that it was not to be disguised that the case was one wl.ich was calculated strongly to impress both judge and jury with the sense of a very serious responsibility, serious beyond that which always attached to capital eases, since this case was entirely of a nature which required the collection of the proof of guilt, if it were found to be guilt, from very man} minute circumstances which bore on each other collectively. The evidence adduced in this case required from both judge aud jury a very serious effort of examination; for though, on the one hand, neither would be absolved from censure if they consented offhand to an acquittal, because some difficulty had arisen in connection with the evidence which it was their.duty carefully to weigh and consider; yet, on the other, wherever the evidence for the Crown threw open a reasonable doubt of the prisoner's guilt, the jury, knowing its duty, would acquit him. The Judge then gave a birdseye view, as he termed it, of the case for the Crown, laying it down, as proved from the evidence, that the prisoner's mate, James Lennox, had been murdered. The next question which arose was. who hnd committed the deed? All the circumstances pointed to the probability that the murder was committed at Deadtnan's-creek, for if Lennox hnd gone to Caledonian-hill, as stated by the prisoner, and had come back and been murdered by some one else, it. must have come out in evidence that he Had been to that place, but he had never bf-en seen there. Besides, the wounds were evidently inflicted by such a weapon as a bushranger would not be likely to employ, and the murder had been probably committed when the victim was asleep or unsuspecting. Again, the blood on the tent went to prove that the murder was done at a camping- place, and while the tent was standing, and under such circumstances it was scarcely possible that it could have been done without the prisoner's knowledge. But this would be for the consideration of the jury. The Judge then said that it was clear that the murder was committed on or after Wednesday, the 31st of July, for on that day Lennox and the prisoner had been seen together at Dead man's Creek, and on ■ the next day, the Ist August, the prisoner h;id been seen in Westport, having on his own admission, taken down the tent and articles to the store at the mouth of the creek. The prisoner, he observed, did not take Barnwell to the place where the tent was, but brought it down himself to another place, and then, it might be asked, if Lennox had left as the prisoner stated, why did he leave his tent, tools, and. above all, his watertight boots behind him? With regard to the prisoner not having any money, he may have had funds before the Thursday, when he had £20 or £30, but it was not proved that he had, and it should be borne in mind that the Crown was not bound to prove motive for .murder 1 The Judge concluded his charge, which was decidedly unfavorable to the prisoner, by saying that ie was no part of his duty, but that of the jury, to draw conclusions and decide upon the various points which he had suggested, and if devolved upon them to look at the facts in the light of plain untrained common sense, and thence to draw such conclusions as would satisfy their own consciences. Upon the jury a grave responsibility rested; on the one hand the duty they o»;ed to the unfortunate man the prisoner at the bar—for unfortunate he was whatever might result from this trial; and on the other, a sacred duty they owed to society and the oath they had taken to find a verdict according to the evidence. After expressing a hope that they would be so guided as> to arrive at a just and righteous conclusion, he dismissed the jury to consider their verdict. The jury, having retired for about ah hotir, returned into Court with a verdict of Guilty.- • The;usual proclamation having been made by. tjhe crier, .

. The Registrar of the Court, amidst breathless silence, asked the prisoner if he had anything to say why sentence of deatli should not be passed upon him? The prisoner, who is a man of middle height, probably about 32 years old, with rather good feature's, and certainly possessing none of those facial or phrenological characteristics which are supposed to be indicative of a iiurderous disposition, answered in a low but distinct voice, 'No, except that I am innocent of the crime, your Honor.' The Judge, having put on the black cap, then proceeded to pass tentence of death upon the prisoner, whom he addressed in the following words, the tones of his voice testifying to. the deep emotion under which they were uttered:— Prisoner, you have been found guiity of the crime of murd r — a murder so foul and treacherous that one shuuders as the circumstances present themselves — a murder committed upon no stranger, but on a comrade and a i'riend, who was unarmed and unsuspecting. The act was a horrid one; and we shudder to think of the terrible weapon with, which you took your conmi.ie's life. The act was a horri I one, but its horror is nothing to be compared with the spectacle of a mind like yours, wiiich could conceive and carry out such a deed. The law reserves for you the doom of death; for tiiat prepare. But as some sfcn that you look for forgiveness, and mercy from the in-" exhaustible fountain of mercy, i hope you will revoke that false declaration of innocence — for false I ful iy believe it to be — as a duty to your own soul, as a fit preparation for death, and as the only reparation you can make to society and to the jury who have so patiently investigated the case. I will not prolong this paintul»scene, but simply, as the mouthpiece of the law of the land which you have violated, pronounce upon you the sentence of the Court. His Honor then pronounced the sentence of death in the usual iorm, aud the prisoner was immediately removed- The J udge having thanked the jury for their services, discharged them, and the criminal business ot the Court was brought to a conclusion. It is impossible to conclude our notice of this trial without referring in terms of the highest praise to the satisfactory and elaborate manner in which the evidence for the Crown had been prepared. This was alluded to by the Judge in his charge to the grand jury at the opening of the assizes, and Detective Lambert and his coadjutor Constable Hunter are entitled to the greatest credit for the skill and perseverance which they displayed in performing the difficult task that devolved upon them, not one particle of proof, however minute, which could possibly tend to elucidate the case, or connect the links in the chain of evidence, having, been omitted or ueglected. The sittings in Nisi Prius will commence oa Tuesday next the 27th instant.