THE GOLD FIELDS.

Otago Daily Times, Issue 461, 12 June 1863, Page 4

THE GOLD FIELDS.

: WARDENS' REPORTS. FOR MAY 30Tii We are indebted to the courtesy of the Govern-1 merit for the following information supplied b/\ the Wardens1 of the Gold Fields : — Edward Croker, E-q., Warden at Gabriel's reports the estimated population of this distiict a»----1300, about 800 of whom are miners ; arid further states—"As indicating the desire to settle in the town of Lawrence, it may be mentioned that a site having 24-fcet frontage has been sold within the last week at .£24, or £1 per foot frontage. That sites have been leased at 10s per annum per frontage foot." Charles Worthington, Esq, Warden at Wuitaliuna, reports the estimated population of his district, which includes the Waipori and Woolshed, at 1013, about 793 of whom are miners: Miners who arc supplied with water are doing well, but there are very few parties in that position—most men being at work with the tub and cradle, an.l until the rain comes hawng their claims protected. 1 John Nugent Wood, E?q, Warden at the Wakalipu, reports the estimated population of hi* district as follows : — Skipper's, and down to Ar- ; thur's Gorge .. •.. 2500 Moke and MoonSiglit ... 300 Arthur's. Poiiit 12 0 Few's Creek1..;■ ... .. 601) ■ SiinjiSJii's ... ]80 Vuckld, Dart, and ttces' .. 3.0 Queeustown .. .. ... Q'M . I'rankton and Kawarau .. 530 ) . ._ ... ; ... . 6830 ; Very heavy floods have taken place ; nearly all ■ the fluod rac^s cut to turn the river, being filled up with sand, and the dams washed away. Tin's is a heavy "loss to the miner, who has to pay a high prico for bags for sand. Weather line, but very cold. . Richmond ■ Beetham, Esq., Warden at the Arrow liiver, reports the estimated population of his district as follows :— ; .Arrow- TowiisliiiJ, Rtore- ; keepers and others ... 450 Arrow Eiver .and arjacent ' gullies 1200 Cardroua River .. ... '250 ■ Upper Sliotover ... ... 351) - Fiats in the vicinity of Arrow Township.. .. ... 350 ! ....... ■...;-.• 2600

Estimated .proportion of miners to business people and others as 40J to 1. General information.—Many of the claims on the Flat.lately-, rushed are bottomed—principally those situated on the higher portion of it, the sinking there ; being shallower, and the water in consequence more easily kept under than in the lower claims. The result is as yet most-satisfactory, and tho general impression appears to be that the lead, instead of following the present course of tho Arrow (which turns at a right angle after leaving the Gorge) has continued a straight course through the terraces at the back of the township. Should-. this prove to be the case a very largo extent of ground would be opened up.,. The- terraces to which the lead at present tend* are known to contain gold in payable quantities for sluicing purposes. The Arrow liivcr has been hea> ily flooded during the early part of this week; and the damage sustained by the holders of river and beach claims has been excessive. Scarcely a claim on the river has escaped ; water wheels have been uprooted, and, with Californian pumps, buried under the debris with which many of claims are choked. ■

If proof were required as to the value placed upon these claims it would be supplied by the energetic manner in which damages are being re-, paired by their holders. Log bridges have also been carried away, and tho track up the river, never very good, is now.almost impassable. Sines the heavy rains of last Sunday and Monday, the weather has been fine with very severe frosts. . H. W. Robinson, Esq., Warden at Mount Benger, reports the estimated population of hi? district at 3,650, of whom about 3,000 are miners. - New Hushes.—Of the supposed rush near tho Beaumont, nothing further has been heard, and I have not had an opportunity of visiting th» locality to verify the report. . The c is a rush this week to some locality, in the Manuherikia District. It was at -first vaguely spoken of as "out "back from Baldwin's." It has not caused any particular excitement hereabouts. The most serious circumstance iv connection with mining affairs this week has been; the-great and sudden rising of the Molyrieux, which on Monday night came down in a flood,; carrying cradles and other articles by hundreds down the stream. On Tuesday morning it was found that the river had risen fully four feet ,and that the claims that had been in work wero almost all flooded. That day tha water abated a little, but only to rise further on Wednesday and the week ends with an absolute rise of about four feet. It being evident that some time must elapse before the flooded claims could be worked, ' great numbers of the miners set off for other fields. . There was a great rush for protections for the claims, most of the mcii intending to return. I reckon that the total number who have gone during the week cannot be less than 500 or 600. Many of these have gone to the Pomahawka, where it is stated there is a population of about 400 men and three stores. I have had onei application for the grant of a water race thoie, but refused to interfere, it being out of my district. The Pomahawka gold is rough, and the diggings patchy, but there seems to be a considerable track of auriferous country stretchin" away totlio Wakaia. James S. Hickson, Esq., Warden at Manuherikia, reports the estimated population of his district as follows :—

Alanuherikia Proper .. 1250 Butcher's Gully. ... ... 150 Conroy's vicinity 100 Hill'e 50 Storekeepers and othera ~ 700 2-250 '

New Rushes-—A report was current that near Campbell's Creek fine prospects wero being obtained, and several parties were inquiring hero whether any one bad been granted a. property claim. No one had. General. Information.—The river is now rapidly subsiding, and hopes are entertained 'that it will again be soon down to the former level. The miners are gradually returning to'work on the river claims, but in many cases; only a bare livelihood is obtained.

RESIDENT MAGISTRATE'S COURT. ■i Thursday-, Jukb 11th. (Before A. Chetham Strode, Ksq., It.M.) [The Police Court being ia the hands of workmen, the sitting was held in Mr Strode's office ] Drunkbnkess.—John Kaye, Benjamin Ollenshaw James Nolan, Kobert Gibson, James Crawford and B. M'Clelknd, were eaoii fined 20i and costs' in default, imprisonment for 48 hours'. ' Disorderly.— Thomas Naylor, for creating a disturbance in a public street, and acting so as ta provoke a breach of the pence, was fined 20s : in •ieff.ult, 2 days' imprisonment. Bad Language--Thomasi Naylor was further fined yOs and costs for using profane and obscene 1 mgunge in a public street. B. AlCWiand ami John Maedonald for the same offence were similarly dealt '.y/ith. • RESisriKo a Constable—John llacdonald, for resisting and asaaultiat; a. constalile in the execution of his duty, was fined 40* and costs f-TBAU <j prom A St bk—John Brown waa brought up by Detective Farn.ll, on an infurination charging him (Browo) with having on the 9th inst. stolen from the stores of Messrs. Butterworth Bros., High-street, 20 pairs of blue blankets, of the value of L2O. Detective Famll applied for a remand to procure evidence, and being sworn said :—YestcrJny v, robbery wa3 reported to the police. The articles stolen were blue blankets, from the stores '«-f Altssrs I3utterworth Bros., High-street I received infoim'ition ithat the the prisoner had offered toim; ■ b'll3 blanket? for sale. Last night between 11 a»l 12 o'clock 1 apprehended him,, in .Staff jrd-street; lie had n pair' !of blue blank'eta under his arm (now produced.) Prisoner nmandedto Tuesday next YagranoY.—Alary Allen, who lift I been rcmnniVd to enable the police to make euquirisH as t» tlio truth ot her statement, was now brought up. The Bench said that her ftory as to her hiving been w.rking for her liriug bad been proved to be false.

jl!l:e jiisoner : Oh, let n<: oi) this time, your Worship, ami i will go away liuui the t. *v vo my son ■Wliu is at Tokomairiiv, ea uin# '.:•() i a day. The Magistrate : I cannot belie v; n word you say, you have tried to impose upon m s so often. Sentenced to Ihrie lnomhs' iraj risonment. Tbe-sfass.'-Siuart Makehfim. fir allowing four cow* to depasture ■within the limits of the town of Dunedin, was fined Cs per head, with costs. John Uraut, fur allotting a calf to siray, was fined 10s and costs. Kebert JSteel, for allowing a horse to stray, fined 10j a.id costs. Cakvehs' ofjtences —Win. Grant, Thomas Roxham, and- George Kedhead wore taoh fined Is and cosls fur driving drays not bearing the names of the owners. , __ , . Street Obstruction. — Stephen Hutchinsin, (Engineer of the Gas Uoinpiuy), was summoned for having allowed a larue b->i!er to remain for some days in the pathway 0:1 George street, near Ihe Octagon. Mr llutchinson did not appear, but it was explained that ho had Item ui.aroiilnbly detained at the Gas ■works. The police said that as the boiler had been remove! they did not wish to press the case and it was therefore withdrawn.

SUPREME COURT.—CRIMINAL SESSION".

.'. TnUBSDAY, JuNB Hill. (Before His Honor, Mr Justice Richmond ) His Honor toiik his so it at ten o'clock. THK MILLER'S FLAT MURDER.

Job Johnston was indicted for having, at Miller's Flat, Mwiint Benger, on the itth March, wilfully murdered one Joseph Smith- th<; man who, iv previous accounts, has been described as John Kldon alias Yorky. , JAe did not, at the first question, plead to the indictment. He evidently did nut hear; but when it was repeated loudly, he pleaded " Not Guilty' mifirm tone. " , The Crown Prosecutor sud -Gentlemen ot the Jury: The offence with which the prisoner stands eh .i-ged, is cue of the must serious which a man can be called upon to defend hiniso f aaainst. Before I proceed to *tite the facts of the case, I must entreat you todismis4 from your minds every thing you may have heard or read concerning this transaction. Ido so, because, I regret to say, discussions have taken place, au<l opinions have been expressed by writers iv the public press, relative to this transaction. There is no man more alive to the importance of the freedom of the press than I am. That freedom is one of the best >-afegu-irds of public liberty : indeed, where there is no free press, tliere is no liberty But thepre-s ought to confine itself within proper,boil ds. it i 3 competent for writers .to i discuss political and public matters; but they exceed their duty, and they insult the nuj ssty .of the Crown —they invade the prerogative of thoorowu —when, they attempt to di cuss any matter, criminal or civil, that is. to be tried in the Courts of Law; and such conduct amounts to a high misdemeanor. The Judge : You mean, of course, before hea-iug — if they prejudieate? „„ „ The Crown Prosecutor: Of course, your Honor ; if they prejudge in such matters. If such conduct is to be toleruied, there would be an end to thenecessity for courts of justice; and questions now solemnly tried iti them would be decided by any person who eliose to take upon himself to write, and to express his opinions iv the public journals. lam quite sure that his Honor will concur with me in requesting you —and your own experience and good sense will convince you that you ought—to dismiss from your minds any thing you may have heard or read respecting th:s inuider before you1 came into that box. The Crown Prosecutor proceeded to state the broad facts of the case und remarked that there cou'd be no doubt that the murderer wasactuatcd by motives of plunder. Ou the examination of the prisoner before the magistrates, sevoral witnesses, including persons who represented themselves as having bsen nis mates, came forward and swore to the prisoner's having besn at Queenstown, or in-it* neighborhood, at and subsaquent to the time wuen the transactions connected with the murder took pace. It was often attempted, " when serious charges were made, to show that the prisoner was at the time in gome other neighbourhood. Sometimes a defence of this kin 1 was successful; but it often failed, because, upon b^ing tested, it w.is proved that the witnesses, honestly enough, perhaps, had made a mistake of a week or a mouth as to the time"when the events of which thoy spoke occurred. There ■were notable cases of the Kind on record. It was poßsib'e that hi thw ci«e the statements' of the..wit-s-j jiesses for t!ie defence might, if they did not thn roughly satisfy tbe jury us U> the prisoner's innoeeno*, raise doubts in his favor which would warrant their not finding him guilty. It would certainly b* a good thins if the prisoner could satisfactorily acsount for his whereabouts between the tima of the committal of the murder and h's apprehension. Tnis hs would fearlessly assert—that ni ither the police nor the Crown Prosecutor had auy desire or motive to convict an innocent person. The safety of the prisoner, or of any other man charged in that Court, was properly and safely left in the hand* of a jury of his countrymen. It would be for the Jury, when they had heard the evidence for the Crown and for the defence, to df-cide as to the innocence or guilt of the prisoner. But he was sure that nothing would ocjur In that Court that could possibly induce the Jury to think that tl;e police, or any other person connected ■with the inquiry, h^d done more than a fair and honest discharge of duty.

The following evidence was given :— John Boweu: lam a miner, residing at Miller's Fiat. It is on the left bank of the Molyneux, and Dear Mount Benger, wiihin the limits of the goldfield of that name. 1 knew a man -who went by the name of Yorky. I knew him about a month; and a fortnight before his death he commenced putting up a tent at Miller's Flat, about 6UO yards from tb.3 back of my house. My tent is close to the river. When Yorky commenced to put up tha framework of th« tent, there was a strange man with him. Yorky could get no calico on the Flac, and discharged him. On the Thursday before Yorky's death, 1 saw another man •with him.' I saw thU man several times about the place. I saw him on the Saturday before the Tuesday when Yorky died. 1 feel certain thai, 1 saw the man on the Thursday. After the Aitnrday, I di.l not go to Yorky's place until the Tuesday moruina ; no, lin wrong there, I was at the place on Sunday afternoon. On that afternoon, I only saw the second strange man—not Yorky. i never saw the inn who put up the fi-ams after he w.ts discharged—or rather, he started with Yorky for Tuapeka, and Yorky returned with the other stiauge nnn on the Thursday preceding his death. They went away two or three cUys after Yorky began to put xip the building; they went on the Tuap'.-ka road. On the Sunday, 1 went for a uick <md shovel I had lent to Yor«y. Th etrange man was very drunk. He could not stand, but he cruwled on his hand-i and knees to where there was a small keg. broujht mo a pannikiu an I atket me to drink. He was. about sfr. Bm. high with a light coat, dark hair and whiskers, moleskin trousers, old boots, and a lisht hat. _ Ihe cuat was about the same color at the one the prisoner now wears: and the man was about the same siza as the prisoner. I can't say whether the description 1 have given tallies with the prisoner. The man I mw was very red and flushed in the face, I cannot say that the pd oner was the man; he resembles him ; but to the best of my recollection the man was broader across ihe cheek bone than the prisoner is I never heard Yorky aidress the strange man by any name. After the Sunday, 1 fir*t went to the tent oa th«s Tuesday. I went in the moruiug to cut srass on the Fiat; and on the way back I went to where I had seen the tent oti the day previous at diuner time. I found the calico torn oft' the framework, but portions ware left hanging to the nails. Iha 1 noticed a quarter of an hour before that the tent wa* gone I had a load of grass on my sliculder, and I went on ■without examining the place. About 100 ft. from the framework of the tent there is a small gully. 1 was going down the side of the gully, and right below me, as I got near the bottom, 1 saw a pile of sticks, and between the opening of the sticks I saw something much whiter than the timber. I weni nearer to look at it, anil found that it was the body of a in-in. I immediately went and fdtched several neighbors. By locking at the body; which wos stark nuked, we thought it was the old.packer, although we could not see the face. Over the feet was a P'tir of troupers, and on the shoulders a dirty bag like a CUb flour bag. four men were passing, aul' I asked them to take the information to Tuapeka, and they saiil they would. I then want co Mr Miller, the owner of the station, and told him and we returned tJ the ppot together. We searched the hou« or tent. A number of neighbors were fr^ nt Cha lea Roberts, Itobert Wilson, and HlrV 8 -.'«»te- We-found"* qaantity of blood in one corner of the tent, covered with horse dun*. I can't siy that I saw any more Wood I afterward* saw Borne clothss brought into the p!^e by Al'Tajjgart, and bung on one ot the poles ot the tent I did not rxswiae them, but I looked at them m they huug ; I can't say that I ever saw anybody wearing any of t>>e things. .... By Mr Barton : I v-m never further up than Millor'sPkt. 1 dou't know what accent the second atramrer spo^e with ; I tliak he wa* an Engli^hniaTi. William MTagsart: I am a miner at Millers Flat. I did not know Yorky personally. I remember Tuesday, the 24th March. I saw a crowd going down the Flat, hear.l that a murdered body bad been fouu 1, and went with the crowd to what was called Yorky's place—the framework of a tent from which the calico had besn torn off. 1 want to the Creek, where the body lay and looked nt it. The creek is twelve or fifteen yards from the tent, but the te>dy was 40 or 50 yards fro;u the tent. The body

I )ny on its belly and was covered over with sticks, i t was nearly naked. The troueers were hanging over tiie legs ; «n>l thore was a flannel singlet gathered up over the shoulile'S, ns if the body had been dragueii by it. I then went to the frame of the tent and ex-ainiiif-rl if. Inside, uear the front, on the left hand from the entrance, and about n foot from the front, them was a great deal of blood, with--horss elunir strewed over it. I saw Wool on several po.es of tlie frame, and blood and hair in the feet of two old boots, of which the fops had been cut off. The hnir was grey,-and on one-of the boots only, and there wan more of'it on the ground. The body had crey hair, that seemed to correspond with this. Tli -re was a keg containing liquor, an emp*y spirit keg. and lar^e billy on a stump about 12 yards from ths b'-dy, and a sheath knife. They were mostly in the 1 crab, wlrch conies close up to the s ide of the crtek, nnl the kegs had evidently been ''planted." The creek divides syubhy ground from i>round without any scrub. The full keg was so much concealed that it wiis not found-for soins time. I next went en to the Plain were sum* men were, and saw otii ?r articles which th-y appeared to have found. Tlitre was a ctnvas horse cloth, with leather surcingle going round the pack saddle, a blucher boot, »nd a cmuerlinn. Some of the men strayed on in the direction of ibe range; and I saw one man stoop and bold un an article to vie-.v. He went on further, and I with some others proceeded to'the spot. We found a pair of moleskin trousers spotted with blood on the uu^Ue, mostly on tbe left leg and thigh, but there were sprts ! on the inside of the trousers an I on the outside of the left pocket. It was not as if a man had put a bloody hand into the pocket, but as if ha had put it inside the waistband. I tnok possession of the trousers, and marked the spot. While there, the man who found them hud grot oO or CO yard* further, and he called out and held u,i another article, which I f-mnd to be a white flannel inside shirt. I took possession of that a'so, and a nun marked the spot. This'man who found the things still kept precedence, and I saw him pick up a third article. It prove! to boa blue shirt with short sleeves, seemingly in:ide by a sailor out of a blue blanket. I showed ihesc tilings t».Mr Mille and took them down to the tut. I did not see 'hem again un'il my (-xaminafcion at Tuapeka Police C.)urt. The man who found the things, 1 have since found to be a digger residing near the sp >t'. I did not inform the p lice that I bad found him. He did not wish to be brought down here, and so lin kept himself quiet:—not conceal hims-lf. I hail seen him before ; lie was present at the examination of the things and the finding of the body. I suppose he kep's quiet because, it's a great inconvenience being brought, down here The trousers produced are those found. I can swe ir that, positively. lam pretty well convinced this blue shirt is the one fouad ; but there 13 no blojd or particular mark 1 can swear to. The white shirt I cannot swear] to; but lean to the boots produced. There is blood inside and hair still attached to them. One of them was insids the framework ; but the other was not.

By a Juror: I first arrived at Miller's Flat in October. I have had two absence* at Switzer's for perhaps nearly two months ,• and I, got back on the 25th February.

Huafli Massey ;Steel: lam a mounted constable, stationed at Tuap?ka, which is 39 miles from Miller's Flaf. In consequents of information, I started to Miller's Flat, ou Thursday, the 26th March. I found the bo Jy of a murdered man lying about 40 yards to the rear of a skeleton of a tent. The body was lying in a dry c.-eek, and was covered with long ;-ticks of scrub and gras*. I uncovered the body, and found it lying on its face. The trou^erj had been dragged down to the heels, and were hanging lo isj there. There was nothing on the upper part of the body. To the best of my opinion, there were four or five very severe wournls on the top of the head, a deep one acx-oss the forehead, and another to the r.-ar of the loft shoulder, and a bruise on oue of the thighs. I put the body b ick in the same • place, and put a mtm to watch over it. 1 went and looked through the Flat. I fwid two bags of flour about 330 yards from the te it, down towards the Molyneux; they were two 501b liasp», and there was also about 201b sugar. Kight in front of tha tent, but about 300 jards off", I found the tent fly and a concertina. I believe tney had be.Mi found before. About 20 yards from the tent, I found a two-gallon keg full of rum, and a fjur-;allou keg empty. Inside the frame, I found a pair of trous'rs, a blue s'tirt, and a towel with a bit ot soap atachad. There was also an old Wellington boot cut iv two and nearly full of blood. I took cb/irge of the things, produced them in court at Tuap ka, and wrapped them up.. I found them in the Chief Commissioner's office in the very state iv which they were le.t by me. They were sealed up still. I proluci the various things. I found, in the corner of th •■ tent a very large quantity ot blood, disfigured w.th.dry horse dung scattered over it, and there wis some b'ood, like, on the frame of ths tent. On Frid ty, the 27th Ma*ch, a man named John forstsr ha ided over a mare to me, which I kept until Sergeint Garv^y took her over when be was going to Tokomaiiro. i saw her this morning at the Police Station hew.

Henry Abby: I am a storekeeper nt Miiler's Flai. I knew Yorky the packer, by sight, but X never saw him more than once tint I remember. I knew that he had a store or tent on the Flat, about a mile find a quarter lower down the river ' than my pace. A man came to me oa Fri.iay, the 2C'th Maroii, fora pound of 2-in nails. He fsaid he came ft <.nn the packer's; lie asked if we bad any 2in nails, and I said " Yes, you can get them inside." He told me he wanted them to put up Yorky's tent, and asked me if I didn't tliiuk the stand they had picked out was a «ood one. I said I thought it was. He went into the store to get the nails, and I went away. I saw. the sstuio man again on the Monday following1, the 25rd. I w< going along the Flat in the morning delivering aheap to the butoaers. Wlieu I got t-> tbejbno'c of Yorky's tent, I heard a cooey. I looked in tlie direction of the sound, and saw a man beckoning to me. I weat' over to him at Yorky's place. I saw an elder'y iuahy sitting iu-iJe tlie te at. He d£ I not come out, but he stood up and asked me would I supply hin with sheep for sale. I refused, stating that thare were a goo'l mtny selling in the neighbomoad. lie seemV, offended at my refusal ; and he sa:d, •' I suppose you think i haven't money to pay for them ; but it's not come to that yet." He put his hind into his Diouse-s p ;cket and produced a roll of notes. I uUould iju^s s there were 30 or 49' notes. They appeared to be rolled tightly. ■ I told him I did not fear about the money, for our ternn were ca-h. It was the w'd man who beckoned to m«; but there 'was at the tint tlie same mm who enmt to tiie store o i Friday for the nails. He did not si eik on this ojca>ijn; but at the time Yorky p.-oJuced the roll if notes, lit; turned round and looked at hm as thoug i off;nded. He hal on a blue woollen shirt with .-hort sleeves, that was reiniuxaule iookiii£ and seemed to ba male out ot a blanket- The shirt p'o'ucel is the same He had-light colored trousers, of the color of those shown me, but I cannot say m> c. 1 i (entity the prisoner a* the man 11>»w on th s two ok isiona; but from the short acquaintance I h id, I do n>t teel juiiifid in positively swearing to him. I was taken to identify him at Tuajeka, before the examination. I went into a roon where, there wjre nin •or bsn persons, and I identified the prioner at o c* as tlie man whom I hid sutn before, at tlie store f r tlu nails, and an the teut. When I wajatthe te it, the man was workiugat the wail-plats of the teat aui using a shingling hammer very much like the oae produced.

By Mr Barton: I am in tha employment of Mr Miller, and so was Wright, another witness He was dismissed for t-eneral bad conduct. I should take the accent of the man who eiiuie tor the nails so be Eiig'i*h. He »p.ikrj bluff, open, rather rou;h. I should think he came from not Kir from where I came from, Leicestershire. I'have heard that Yorky wa_s a packer —fivm Tuapeka to Miller's Flat, I bslieve. I did not serve the man with the nails, an! I had no< reason to notice him particularly. ■The-lnrjcst business in that neighturhoorl i* done at Mr Miiiei's store ; but I am not much in it myself, and therefore cannot say whether a number of people called on that Friday. I could not de-scribj everybody whom I saw at the store on th it day. Wright was thuu at Mr Miller's. 1 had no conversation with Wright on the matter; I never heard what Wright's opinion on this murder wai. I was talking tothemnnat the store about thrue or four minutes on t!i* 20th. I did not sea him a-^aia until th: 23rd, when I went tJ the tent. The man had his back to Yorky, buc not to me. I couli not, liowevar, sfie his face as he no kel; ha was on one siae of t'ia tent and Yorky the otht'r. I was out-Ale. I went a wai immediately after the convereatiQii with Yorky which 1 have narrated. It was just as I was about to go that I saw tha mm turn and look vexed when Yorky prolucad wh-it I supposed to ba a roll of b*nk notes. I have no recollection of having ever mistaken a stranger for a friend, and spoken to him. I may have done bo. It was about noon of the '23rd March, that I lasc saw Yorky alive—that was when the talk abiut sheep took p!ace. 1 should say it would be near ebven in the m irninj? of I'riday, the 20th, when the man came for the naiU.

Keexanrned : I knew nothing of Vorky before the man came for the nails excspt, that I had noticed in passing the man putting up tlie tent. By the Judge : I ha/i heard the nams of Yorky before the man came for tlie nails, and hid seen the tent being pur. up, but 1 did not know tlie man. I heard or tlie t3nt as Yorky's, and had Been the greyhaireo'i man in it. . .

He-examined : I did not at the timo know anything about tlie places batwoen which Yorky packed. 1 firmly believe that this mau who cams for tliu noils and the man I saw in the tent on the Monday wore the saau. lam positive of it; I will swaar to that.

By the Judge (for Mr B u-ton): To my knowledge, I never saw the inaa beforj Friday, the 20th March. John Stuart Wright: lam a butcher, and was in Sir Mill r's employment iv March last. I remember a uvin coming 10 tlie store on Friday, the 2utb, ab>ufc dinnertime. The prisoner is 'that man. He went into the store, came out with a small parcel, and then came up'to inc. lie wnnteda head and pluck,: and I fco'.d him I could not, eiro him any, ni they went with the belie*. He put his hand t) a head and pluck, ami I toM him he ghoul-1 not iiuve it. lie said something which I did not iks at all, and in consequence I lifted a stick I h.td in my hand ; it was to clmso him off the pl:iee. He went intotin store aga'ri, and then D.m Miller came out again, and asked if all the heads and plucks were gone, and I slid " V<js." The prisoner then left. On the following Monday afternoon. I went to Torky's place* There wan a woman living near Yorky's place. On the way to see her, 1 called -at Yorky's. Thi prisoner was _ there, and he culled out, " Come on! Come on, you, you b ■ butcher, and have a drink." Ho was on his knee*. Yorky also said •'Cjuic in aud drink."" 1 went in and had some rum out of a pannikin;. . I won't be positive which of them give itt>m-. I stayed in the tent about ten minutes. The prisoner was sawing a piece of calico. 1 had an opportunity of seeing him although ha was on hi 3 knees. He had on a blue shirt made out of a blanket —it \v.ts very, like this one produced. He had on a pair of moleskin trousers, and I passed an observation that it was the first time I ever s-'.w buttons; witlTboue in the cc tie of a brass ring. There are precisely such huttoris in the trousers produce 1. Yorky hid on a-coat very like the one tfo prisoner now wears. It was ths sime color. Thsre were brass rings on the coat buttons. I believe the coat the prisoner weara is the same, but I ■ won't swear positively to it By Mr Barto.i: I eaa't exietly-say what time I dined on the Friday. 1 didn't know tlie hours at all when r-was on M l!er's Flat. For tour or five weeks I never saw a timepLce. I know it w;H after dinner that the ram cams, b?causa I cjoked for Abby and Miler. I ouce woilwl at R'>*s\-i stoiv, Wether.-tone; the observation the man made was not ab.mt my stealing money from fto-s. I got thres month-* from M«jor Oroksr Cor assaulting a policemvn. lam pretty well aequanti-d with the inside of '• Mr Sto !- dart's place.'' I don't see what it Ins to do with this case how many times I hive been in gaol. The Ju lg.j thought the witness was entitled to decline to answer llw question. Mr Barton tluigut he was entirlei to force an answer. On one side was the' life of tin-prisoner, on the other was th* evide ice of this witness, whum out of his own mouth, h<s wished to show to be an uncommon i-uSiau.

The Judge hud no doubt as to the rule of law. Mr Barton submitted that a witness win* baund to answer any question that did not tend to criminate himself. He wanted to ask the witness abjut his past convictions, not about anything that would tend to subject him to a fresh term of punishment. At all eve^it-i, he hoped His Honor would hsar argument and authorities, a* hi muht ask to have the point reserved. The learned counsel q lofc'id ■' Taylor on Evidence," and contended that the tendency of ilie common law wavdirestly in favor of the witness being bound t) answer. The Crown Prosecutor, in reply, urgo I that Mr Barton had gone as far as he w;w entitle Ito g->; anil had certainly shown tbat the witness had been in trou1 le. The Judge affirmed ths view that questions tending to degrade in'ght be put, b-jt need not be answered.

Cross-examination resumed : I decline to say how many times 1 h-ive bean in givol. t was nine years iv Ballaarat. I never waaat dlieepshauks'a yard there. I decline to say whether X stabbed-a man tlure. I was never1 bifore Mr Olissoid, the magi-trate there, for'stabbing my wife. I won't answer whether I was ever belore a magistrate for anything. Inm not certain whether I was at Tuapakain JNoveinber, 1861. I was tried here about that time, but I was honorably acquitted. I never was in the e.-np!oy of Robsrt Ross, of Wetherstoue's. There wero Boss and Bu*s in partnership. Koss prosec i'ted me for stealing money from him. I left Miller's pluca of my own accord ; the wages wouldn't suit me. I'm nut certain whs,ther it is a fact that I left of ray own accord. I don't expect a levvard if this mm is convicted. Some time ago, I was before Myor Orokcr, and got three months for using obscene language. I bave statnil in town ttiat the attorney for the defence had offered me a bribe to go away. You never off. red. mo one. He-examined : It was ova of (he witn sses on the other side 'wtio'offisreA me money. What I said, was that v witne s lia 1 offered me money, not that the attorney had. That was wh;it I meant ju^t now. Charles u'Neill: lam a miner at Miller's Flat. I knew Vorky's place, and was there tiis Monday before the murder was committe'l. It was betweeno.ne and twj o'clock, as near as I could gussj. To the best of my knowledge, the man in charge of the store was the pvismer ; but I woull not swear positively to him or any other man. I mean Yorky's place. Theri wa< no other man there. I called, as I wa< passing, for a light to my pipa. The man and me were chatting outside, and a man came and asked "Is this a swn V Tho ia:m in charge said " Yes." The nv»n asked, " Haw you auyfl ur?"and the man in charge answered that they had. The man said he would take ten or a dozen pounds ; and the man in charge was going in, but turned round and asked, " Won't you take a s)lb bag?" The man sail " No, I'm not prepared for that, at present." The man iv charge, declined to sell less; and the mm turned, saying he would kg to Milter's store. I don't know who he.was; but he looked like a digger on the road. I remained half an hour or three-quarters, and lay on the grass with the man in charge, chatting with him By Mr Bart Dii : The man in charge did not seem to be deaf. ■' I took him to be an Englishman from •his^aecent. He wjis flushed a littla iv the f ice, but seenied to me to be perfectly saber. i ' John Sanderson : I -'un a miner at Millar's Plat. I did not know Yorky, but I know where the ciurier waj committed I w.is shepherding a claim a quarter of a mile from the tent, and knew tlie place well. Between five and six o'clock on the morning of the 2ith March, I passed tin; |ilaot> o.i. my way to Tuip«ki». I noticeil as I caina on two hursts tio lup to the frame of Yorky's tent,ani) that tlie top nf the tent hidb.'ua taken oil", an-l thrown in a loosa roll on this b;ic!< of one of the horses. I saw a man standing on tlie off sUe of tlie li >rses. I ju-:t saw his fase, but as I cam.-j oi, lie turned his bick and went towards a <iry creek. I had not such a view of Uis face that I could recognise him. Tha horses w<sre at the bauk if the tent; there was a track in front of the place. I saw the m:m go down about 30 yards in the creek, and jump down on a ledge. I WdUt on to Tuapeka, and next unrniug (Wed-.ieadny) I heaiil of a murder, and thought that it must be at Yo:ky's. When I came back, I went to tlie spo', W'iut down the footpatli, and paw the bo 'y. This was on tlie Friday morning. Tne body was on the same spot where I saw the miiii jump down. Km.uanuei da Silva, a Portuguese, was next called into the box.

Captain tfacsil, on being sworn as interprerev, said he thought it his duty to state hi* bilief that the prisoner wiis not sane. This led to a short discussbn ; hut. the witness h/mii;? answered with perfect coherence questions as to why he was iv Court, anil th) na'nre of an oath, tlo Judge said ho should take the man's evidence. The Jury could judge of his state as he proeetsdei, and tlie evidou'ca w.iuld stand for what it was worth.

Having baen, sworn, Emmiuuel da cilv.i said : I go by the'ii'ime of Frank da Silva in this cunntry,. About t!ie cod of March I was living at Menzio i Burn, wtiicii U about sis miles fio.u Miller's VI it, in the service ot Capt tin Maoeil. 1 knew Yorky, the packer, but not where he lived. I remember hearing that Yorky was murdered, but cannot state tiie time. I last Baw Yorky lit my employer's place. There was only one man with him, and thty had two horses. I know Yorky's horses, and I have seen one of thain outside the Court to-day. About three or four days after I last aiw Yorky, I saw lib horses again at my employer's place. There was a man with them, who was like the prisoner, but I camiuti swear to him. It was the man who was with Yorky and the hor3e3. There was only one man with Yurky when I last' saw him. I remember what to )k'place when I saw the' hor*o? asacoud time: The man came in and asked for a nobbier of brandy, which hi drank. The horses ran away and I went out to holp tj catch.them. After that the man had three more nobblers. One of the liorse3 was loaded with calico, and the other had nothing but a saddle. I don't know what kind of saddle it was. . . ■ By Mr tin ton :My employer's place is between Tuapeki and Miller's Plat, i ugad to see Yorky paasing wit»i hi? hordes, but [ don't know where he' went. I never hoard Yorky say where he was Roiug. Ou. the morning 1 give evidence in this ease at Tuapeka. I was brought up myself as a prisoner, for going from the Camp at Tuapuka to Wnitahuna. By the Judge. It was between seven and eight o'clock in the morning when I saw the man and the two horses puss. V'-nV-n ■ Donald M'Ounu: lam a storekeeper at Millers Flat, and was so in March. I knew Yorky. He war a mate of mine this time twelve months. His name was Joseph Smith. About the end of June, he «aye me a line to get him a miner's right at Tuapeka: the natnv on it was Joseph Smith. He ha* been dealing with Taylor, -M'Coll and Co., at Laweuce nnd Waitalmna. He had no hores then. 1 know that iv December last he dime down ana buueht a dark brown mure-the one now misiinj?. 1 know that ho ha i another inaro, lighter in ido, with a wnite blaze oa her forohoad and on her near fore loot, duo is now outside the Court. On Tuesday

the 24th March, I was going up with a p.ick from Wethe'stone's. When a rni'e and a half this side of the Beaumont, I saw YurkyV horses. The B -numont is 13 to 11 mil. s from Ylaceil s h ms°. f arid Miller's Flat U three or tour miles further. I saw the tyvo horses eoniin.tr to meet.vis, when they were 20') yards off. It w.is between three and four o'clock in the .afternoon. Thee was a strange mm witlrthe horses. The p.-isoner appeal's to tvs to be the man : [ belifve that h n, is. I Jiskod hira if thay weren't Yorky's horses, and he said t!>ey were. I askesl-whcre was Yorky, and l!ie man said lie had stopped behind. Kueh horse ha la pick sadilj, and thera was tent cnlics on encb. as a hnd Th« mm w.i 3 leading the mare th.-it-is uovr natal le ths Court ; the other seemed to he tied to t'uit one's pick s-vldl;. The prisoner had on a dark shirt, dark wido-avv.'ike hit, and dirty moleskin t-ou«crs. He had no coat on; it was pretty hot- nt that time.

By the Judge : I w■« about ei.ven miles from the Tuapek.i when I met the man.

By Mr Barton : I never saw the mau before that day. He wore a darkish shirt—it might be blue. I will not swear to the color. lam certain tho man did not wear a coat like tho one the prisoner has now on. I only swear that to tho best 'of my belief tho prisoner is the man.

By the Judge : He is very like the mm: but I don't like to swear to any man unless I hive had som '. acquaintance with him. He seamed to be an EnglUhmtn, -Donald John M'Dinald : I manage J. A. Taylor and Co.'* stove at Tuapeka. I rema'mber a man whim I suppose to be Yorky. who -vns mu'-dyred. ■I'OMoe nsked hitri liis name. He sail he wa3 cfdled Yorky often; tmt if I wanted his name, it was Joe Smith. "Joseph1?" I said, and he said" Yes." I hive seiii a horse ontsi le ; I hnve seen Yorky with such a ojip, but I can't sw'Mi- to it ntall. , Chares l'nrs'er, miner. Miller's Fat: 'in the 24th Ma-chy"! wag on t!ia l-oad'frbin; Miller's Fl.it to Tua'pdes.-' Tho prisoner resemble* a man whom 1 pissed that day, y;oin^ iv the same direc'ioa. He had two tnaivs with him. I met him about twj miles on th 9 Tuupeksi si<te of' th» Buaiimont, a'jout four o'c'ojk iv the .a'lernwn. There was something in the picksad.lL; bag', but I don't know what I said to him "Good diy," and he said the sain;. I rent iked " I'ho-e nre two go idloo'drg mvts you hive" He said '■ Yes." I sp>ke about the weather, but th' mm dil nst answer, and f w. jntoi- I was on foot Ha p:«sed m: again thr^e or four miles on th-i Tuioska side of th) F.agstiff Aecoramo lati-m Home, which houss is about ten miles tro:u Tuv>eka. I hal stopped there and cunped about five o'clock, bscausa it had come o:i to rain. He stopped in pts<itsg, and askedme how far it w.u t> Tuai^aka Flai. I said I didn't know, hiit it WiU'i't fal*. He walked on, after asking for a light fi>r his pipe; and >v* he was leaving, I called out, '" Hallo ! mate, youVo only ortf) horse with you." Herep'iel, but I could not make out what ho saiJ. This wa* o_i a Tuesday. On the Friday after, I w-.s going from Tuapeka ti) Miller's Flat • and ab'iut n quarter of a mile from where I passed tha tuau when he had the two mares, I founil one of them. Shs is now outside the Court Her two fore feet were tied with a piece of cord, till the fetlocks were as close as they could go. lout the fiord, took the mare to Miller's Flat, and gave her to Constabe Steel. ■ : ■ By Mr Barton : I never saw the man before that Tuesday. I paid no attention tJ his dress. I hays gone -from the Dunstun to Miller's Flat in a day and a half—-not fair travelling. I stopped several times. I never heard ths distance. I cau't swear to t!ie prisoner ia the dock as the man I passed. To the best of my belief he resembles the mm. By ths Ju lice: I mat sima men with swigs on the road during that d-iy, before I overtook the man with the horses, but I don't, know who they were. I did not speak to any of them. Ch:irle< -ftljiintsney : I am a storekeeper at the T.;viot, ten or fifteen rai'es this sida of Miller's Flat. On Tuesday, the 21th March, I was camped at the Beaumont, taking refreshments. I knew Yorky perfectly well, and I knew hi 3 horses well. While camped, I saw a-raan coming up with Yorky's horses. He was"leading one, and ths other w.is tied o it. He was going towards Tuapeka. He camo within two or three yards, but I did not speak to him. The prisoner » exactly like the man, but I car.not swear to him." I believe he is the man. I next saw tha prisoner in the gaol on the 29-h April, aul picked hi<n out of twenty or thirty prisoners. \Yhen I saw him at the Beaumont, he wore a brown billycock hat, a coat like, what he wears now, and a pair of m deskin trousers, old-looking and with a patch oti them. Before I went to the gaol, I had furnishsd to the police, a description of the man I saw at the Beaumont? ByJPIi1 Barton : I gave a description to Me Gardiner at the Beaumont Station, t!ia day ufter I heard of the murder, and he took it to Duneiin. I believe.i By a billycock hit, I mean a felt hat. This one w.is round and brown —something like' the pri- i soner's coat (drab.) I By tlie Judge: The man with the hors33 was a perfect-stranger to me. Peter,Robertson: I keep an accommodation house at Lawrence township, Tuapaka. I h::arl of the murder at Miller's Flat from Mr Miller, who brought the news to tho police at Tu.ipeka. I knew Yorky , by sight, and I also knew his horses. About threa week's previously, I had seen Vorky going up to Wetherstou^'s from Lawrence On the morning after I heard of the murder, I saw a man leading a horse towards my hous3. As ha approached nearer, I biaan to suspect, from Mr Miller's description, that this might be the man. I st.ppped forward a few pace 3, and slid, " Good miming"' He returned the same answer, and inquired how far_ it was to Waituhuna. I said it was about nine miles. He thought, for a while, nnd was constantly'looking round, and. then he asked hid I' any oats. I *aid I had. He than considered, as it might be, for a minute, and '•aid it would peril ips be as well to feed the mire. She wa< tied up and fed. He went into the house and lay down oii-a sofa, appirenty gojusr to sleep As I left. (he called, out, " Governor, if I sleep, will you wase me when the mare's done?" I went, and examine I the mare; to see if I could find a brand on her, but I found only a small blotch on ihe ueirs'hou'der. I loiked roiinl and sa\y rhe man at the door, and so I desisted from examining the mare. I toll a man-to I watch 'ipw tlie man go' on, and I went to tun Damp at LwrenCe, an i told them there was a man at my lirase I suspected of the murier. I returned with un officer, and when we goL, bick th tmm was leading the horse up tlie hill towards VVaitahu'.ia, but still in sight. Th.i orncr followed. B.'. was On foot. I don't swear that Ih wv saen the man since, ut ail. I picke 1 out the prisoner from about twenty men at the Oauiu at L*'iwivncJ. as beimr very like the mh, ii' it waii't him. I really th)uj;hc hu was the mm I still say he is like the mm ; but 111 not swear it, nor ! s:iy lie" is to the lies', of my be:ief. He hal on h iiuhtish oat, maleskin trousers, a felt h;it of a dumiish color, and had white buttons on his coat »' far as I ibmemb;r. I took Him to •he oft 7Mu or stt Bin. He was round in the shoulders, a little like myself. I don't mind whether I described his face to the polio-}. I needn't do it,, for 1 pointed out the-indivilual, if they'd luve taken him. He was on th it mo;niiig tawny looking, IVom beins; exposed to weather, as if he had a piod dram in him, and excited in his look—altogether more stormy iv lojk than the'prisoner - ■ . . iiy Mivßarton : Most decideclly he w\s exited and watchful', lie.could not keep hi* eyes fi'oin looking over his shuuliurs. In was a wetlish morning. My wife is down here, but she U not in attendance at present. I think it* about 35 mile' from Lawrence to Miili'r's Flat—that's the distance it's reckoned

John M'jiiuis: I am a builock driver, and in I Mar.-.h last, was employed by Robertson, the last .witness, at Lawrence. 1 did not know.Yorky. I remembiT a mail coining to Lawrence with a horse, on a Wedne-day mornin*. He ask dif we hid any oats, and Mr Robertson said " Yes.'' I showed him w-here to tie up the hor.se. an i hs turned to get tlia winkers off the horse's head but could not. He asked me to do it, and I did. There was a pack sad'lle on the horse. On the near side of the sid Ho that o wiis an bppu^&um rug. I don't kno,w what w,is on tlio other side. The man took away the horse before who had half finished her feed. Mr ltobertson had previouslj go.it! t'wards L twrcn.ee, a,<\ l tins man staito t when Mr Kobertson had gonu 200 or 300 yaris. He returned with a constable. The man and horse wow in sight^then, and a>> ut n quartur of a milo ofS'. up th« hill. I next saw the man at the Camp tvt. Tuapeka. I 'picked him out of 15 or 10 mon. tarn positive that tlio man who spoko to mo that morning, Wrf the priwucr. , By' Mr H.arton : I thought tlio man spoko lifco a Foreiirnor; but ho mly apolio to ni<) twico- about tlio oata; and when lie nsko.l mi) to take of tlw winkers. Kbo»ezer Halley : 1 am u"'rtgnUrly qa-ililio 1 mollcal practjfioner, and live at Lawrence, Tuapeka. 1 examined the corpse of a man at Miller's flat, by order of Major Ciroker. It was lying in n dry civek, near the framework of a tent, when I first smv it. This was.on Saturday, the 28th .March. Constable Steel was present. 1 hal it removed onto the bank, and examined it. I fouud in the middle of the back of the head, or a little to the left ot' it, a contused wound .about 2in long. About .an inch below, there was another wound Jin diameter. In. the middle ot the foreheac1 there was a wound ljin lonjf. AH these three wounds penetrated to the skull There was an incised flesh wound across the bridge of ihe nose; a wound extending from the angle of the eye towards the left ear, also iucised; and a fractured wound ijin deep on the back of the left shoulder. I removed the scalp, and found the bank part of the skull fractured into seven or eight pieces ; the left parietal' bime was broken into three or four pieces ; the frontal bone and right parietal bono were separated, and the substance of the brain was lncoratert. Iv fact, the head was quite smashed. Any one

of the three first—named wounds would have been sufficient to cause death. I state positively that the injuries must have been inflie'ed 112----fore death and have caused death. The body w.is much decomposed when I saw it; for the weather was hot, and there hid' been rain. ..'.'l cannot, therefore, say whether there had been muoh hemorrhage The wounds could not have b3en self-inflicted. Two instruments must have been used, or the one used must have had both a dull edge and a cutting edger. Such an instrument as this shingling hammer bow produced, .would causa all the wounds, and the hammer is a likely thing to have done It. Joseph Tuckwefl: lam a detective. On tbe Brd April, the prisoner was brought to the office by Detective Rowley, shortly after eleven o'clock. I examined him, and found that he answered in every par^ ticular from his hat downwards, t» the description fiven of tne supposed mur erer of Yorky at Miller's lat. I told him so, and arrested him. I cautioned him in the usual way. He then stated that he never was at Miller's Flat, had not heard of ths murder until that minute, ami had just come from the Shotover where he left his mates, having roJe from the Dunstan in an American waggon I nsked him what money he "had. He said about £23 in notes, and a bag containing 12oz gold. I searched him, and I produce what I found. There were £32 in notes and 12a 6-J in silver; a bag containing 2ioz sdwtgold; a miner's right, in the nuine of Job Johnston, issued on the 20th November, 1864, nnd signed " Ja'cksou Keddell, Commissioner;" and a deposit receipt lor L 309. I inquired, and found that the receipt was in favour of Job Johnston. In a swag which was brought to tha office and cliiimjd by tha prisoner, 1 found a silver watch.. In consequence of information, I sent Detective Rowley, in company with Mr M Coll of the Diggers' Rest, Green Islaud, along the 'Ovorshnm Roiid, ana the prisoner came to the office with them.

: l?y Mr Barton : The prisoner told me that two men who had corns down from th« Lnke, or from tha Dunstan, will) vim, could clear him. Re-examined : 1 have not seen those mcd since the morning after. Their names were taken, but I believe they have If ft Ounedin. I spoke to the men. James Rowley :lam a detective const:ib:e. I nc companies JM'Ooll, of Green Island, to Caversham, on the 3r I April. We went about two miles from Ounedin. I saw the prisoner walking behind an American waggon, which was coming into town. M'Coll pointed him out to me. Just then, lie jumped into the waggon. We were mounted, and when we met the waggon we turned. It was :» o *uple of minutes after that he jumped ia I followed the waggon to soraa veterinary stables, South Dunailin, where the waggon stopped and the prisoner juinpel out. I asked him where he had come from, and he said he had came direct from tlie Duns tan in the waggon. I told him I should arrest him on suspicion of being the murderer of Yorky, nt Miller's Flat. On the road, he mentioned two men who had come down with him. and I siid I would fetch them if he would give me their name 3. He said " Mem- mind ! never raiud 1 I don't want them now." I took the prisoner to the Detective Office, and heard him say he had 12oz of gold. By Mr Barton: I did not tel him I arrestel him tor shilling horses >at lavercargill ; but we spoke about hories and Inveieargill. He did s:y tliat he did not w.int tits msn. iie said " I dou't want them now." Ho said th'it thay ha.l come duwn with him, but notlrom where. I have been at the Lakes until very recently. I did not see the prisoner from the time I apprehended him until I gave my evidence in gaol on Thursday. lam certain th.it I did not tell the prisoner that it was not the custom of the police to find roea for prisoners— nothing of the kind, lie did not s-.vy that he wanted me to fiad tliß men, because they could clear him. Hugh Musssy Steel: 1 helped to lift the body out of the hole for Air k. Halley tbe surgeon, ts examine. It was the same body I had bef ire seen in the gully. This completed ttie case for the Crown, and at six o'clock the Court rose, the jury bein^ sent iv custody of two officers, to the Shamrock Hotel,