THE SILVERSTREAM MURDER CASE.

Otago Daily Times, Issue 11044, 23 February 1898, Page 2

THE SILVERSTREAM MURDER CASE.

(Pan United 'Press Association.)

Wellington, February 22. The murder trial wsjs resumed, this being tha seventh day. Detective Neill was cross-ex-amined, but gave nothing fresh.

While Mrs Cotter was • under examination Mr Bell, .the Crown prosecutor, smiled at a question asked by Mr Jellicoe. The latter called.the attention of Mr Justice Edwards to, the facS, and after some heated remarks between the accused's counsel and his. Honor, the latter directed Jellicoe to proceed, as he was wasting the time of the court. Mr Jellicoe then made a formal application to the Judge to direct the Crown prosecutor not to scoff at questions asked on behalf of the prisoner, as he was only endeavouring to obtain- the' truth. His Honor :Mr Jellicae, proceed; you are only trifling with the court. —Mr Jellicoe: I am sorry to hear you say that.—His Honor: Mr Jellicoe, if this goes much further I shall not deal with you daring the trial, but I may do so after it's over. The cross-examination ofMn Cotter was then continued. ■ -:

Frank Phillips, farm labourer, gave evidence that ou a Tuesday morning in September he was up and down. the hill. with, fledge and horses at Silverstream. The accused and deceasea were then breaking up their camp. He saw th3m later in the day, when Hawthorne had bib gun on his--arm. One or both called out to him .to look out for his horse, as they were going to discharge the gun. A chain iurther up, witness pulled up and heard four or five shots fired. . He did not see Hawthorne again. There, was an interval of two or three seconds best ween the reports—not time enough to enable a muzzle-loader to be reloaded. Witness continued up the track to the end, and returned to the brow of the hill. He did not see the accused on the sledge on his way down from the brow of the hill. He could sea a man at the bottom of the hill loading a dray, and; witness, gar- him start aw*y. Witness could not recognise the man, and only saw on« man. He went up the track for a sixth load, and returned to the brow of the hill. He saw no one on his way down. About five chains from the foot of the hill, Philpotb, walking.fast, down the hill with his gun in his hand, canghtup to witness. Accusedsaid that- he had forgotten his gun and had had to go back for it. Witness did not tee accused again.- •■■■-. • .■■■■ :■( - , ..:.,'. ■-. :-. .i

Further evidence was chiefly expert as to the calibre of weapons, aud Mr Bell, the Crow-' prosecutor, then intimated that he closed the case tor the Crown. Replying to a question as to whether he intended to call evidence Mr Jelhcoß said he would prefer that that matter suand over till the morning aa he had a great mass of material to consider. This was agreed