SUPREME COURT.—CRIMINAL BUSINESS.

Otago Witness, Issue 568, 18 October 1862, Page 5

SUPREME CO U RT.— CRIMINAL BUSINESS.

(Before his Honor Judge Giessou.) Thursday. OcTonr.ll IG. Hi<? Honour, Mr Jusi'ce Grcs«on, took his seat at t«ii o'clock, the Court beiiiv; crowded. THE MOL\XKUX MURDER. John F'-a'san was in livt n d for wilfully murdeiing Andrew W'Uoim, on tbp 30th M.iv. In U n ori'.iuury firm cone he uieaded Not tiui.'ty. Mr Wi!--o:i and Mr Ward defended the p.-ismer. The Crow 11 Prosecutor Mated the ca^e, making but law comment*. The following witnesses were then called :—: — Jtichmd H. Leary: lam mana^ei- for .Mr R. Wilson, of S-afford-strett; I k.,ew the decca-cd w;!l ; he was an Iriblin-.an. I last saw him on Ti.csJ;.'-, tlie 27th May : I was aware that he was going to t'i • Molyneux to seLct land, stauinjr 0^ the Wulneshj morning, and ivturnin^ by S-ilnrday evening.' ; he did not return, and I never heaid hosn him In consequence I wrote to Mr Kerr, a fiie.id rJ the Waivpi, | and at v. ho-c hou->j thp dccc .^e'i wao to hive state I ; I express ' J my tVars th it so-nahirg h.id h .pn^nr 1 1 > tne dfcoasrd. lteo ivinc? r .o reply. Islat-d for tho Molyneux on t:ie 2jth Juno, ainl cios-ed the fony on the Hnriiinp: of tlie 27th ; I made inquiries ai the feny, but could not lea- n anjtlun; of tho dei.ea«-o !, and (li. v went on to Kcrr'a ;" I found that he h.vf ben il^.-e on the 2DUi May, and >lepi tliero tli.it night, leavi-i^' on Hip mornir.s of tl.j 30t!i for ?,Ir Fancy's; I went to T.ue^'s hoiue, md s.i\v lhFabey. nnd ia con cquenc j of j.o:r.. thln o ' which she said I \>ent to the f-i.y in ? mic'i oT th ■ pil-o .cv, but could not lin t hi-i. A-- a ro,ult of all my ii.i[oiii s, I ieturiK-1 to Dune 'in ;;s qui-ldy rs po^ih c, and gave inlo:ination to D-'ecthe Tackw^ll; I u!.,equentlv v.eiu on lurrd the G',thenbirK, at Tort Ohalmois, in spav'i of fie piiio'.cr; TuoVwell v.cut alpo, but no 1 : wit'n me • I could not find the prij-om'r, and I retained tj the sluio. I after .v.srd-, Sfiw Tuck-, ell brino,' tlie piisoner from tnn (iothenimr,,' to the Jetty. I cune i:p with them to iiuuedin; on the Jetty Tudcwcll im.'oduced the prisoner to me as Fia'=o,i, &v.iv.c, " Why, this mm ('en'es having ever heen at 'Wartpa ;" 'I asked him if he renicmbereJ offering some bacon for sale to Hope, the tjrooin at th ' Molyneux Terry ; he siid, ' I bosr your pardon, I did come down with a young mr.11 ;" I n-W him "D;,i you -ro and te.icli a mnn to plough V he replied that he did not. but that lie v:.\h workincr for a fjw diys at Fou>--niile Creek. ' 1 qx> seem t'> haw a b,\ 1 njniimry,'' I siid, " in iiist flenjmg eier havina: beeu at Warepa, and knowni,' nylhin- of a youn-? mm, and r.o.v 1 talk to you ab--.it tho bacon and the il mr, you re member all about it;" I also sail to him tint the last time Wilson -wad se^n wis in bis company on Ividay sificrnoor', the 30tii May, and that f I .ousrht thi-ie wn sr.Mund fo- su-picion'of foul l'''l£, on llis ' rllt 5 i'^eol. I put it tot'i.' liiisoner, • What did you do with him <" He replied i.i e!f"et that be did not know what it had lo b with him', an 1 that Jip knew liothint; -ibout it. I uish to say tint I cannot exactly separate the comeraation oil ti)_3 Jetty tvom iLit-.hinh took place at the DctsAUc 0 lice. I said, '• It's strange to me that you should wiK\jithhiinfroai Fahcj's, and be in his company fo.-ai. w hoiKs, and then part with him as if you ba 1 only met him for a minute ; 1 should have ny ertai ;eH\hit he wa-, doi-.fr, and where he was goiiv " Oh ?'}')( |).i«ono» rt'iMA, "but ymi'ip a gentleman, and I'm 0 i'y a poor mm. I don't know anvtlunn; about th.^o tliincs." I said, " Where did you parttro.a him ?" a<-d hereplie.J, " At mj hut," aiding that Wil-on si! be was tfoing to the is'au 1 ; it MT.y 1 " 11 " ' Wiis ' JU ao^l-byu " a-i 1 wont i-ito his v., Udson Nv::'k n^ on t )wai-is the island, and that he ha! no^ .scon him .since ; I knew about a jexria G'e!.)ii_', and e'^ht liMnths b-re. He was Sit Oin or 5 t Iflin hi-h, and I sbuuld t'.iuk about -25 years old. He had black or %cry dark h.iir, and f luty'l whiskers round under hir, chin ; his complexion was liaikish ; his ''u&tomary drc-,« was, velve*. cord tro'43"o, with lonjf colonial bjot--, Crimean &hirt and browi vp^fc ; li>- iffueinllv v.mz about in his shirs Sleerea. but he hid a sm ill da- k brown conniml aiiilot coat; I think ho generally noie a hlick s'lk necknrch}ef and either a wide-awake or a black peaked cap ; 1 attended an inquest an 1 »a>/ a body, which was fully clothed except hat a.id 1 o -fs ; a( a arUmce I had not the siiplitcsfc douht that it was WiU^n'o body ; J swear to it by th 1 ) clotiiss, (he whiskeis an-l hiir, and papers in his own hund-wiitiug which were id his waistcoat puck«t ; th^ ft aturcs tvvi c total iy oblitei a ted ; on one ot the p tjtcrs theif ia " Block 43, — 9 and 7 ; behind them. 10 an 1 8, iv. the same bloc?, Clutha District;" thib is. in ink, and I swear tii it it is in t li" v, 1 icing of the di.cr.sed ; it was fir»t shovvn to me by Constable Blatch ; tlu clo'hrs pr.idoced a r e thos) which were on the hjdv. and ficv siro ex.icfly similar to t!io<-e which debased u.ed to wear; he' a very .steady soboryoun<v man, and very car-ful of his money : I know that ho had «aved. ♦v, I ! y T : \ IrWjll ' on : l '" ll i;ot at t!n »"l«cj.t sf^eall t rf, -f ;7 C T°T stat(:tl ' l waa »"' so fiu'y examined; Jinn^-tK 1 l - [ In " llt5o »«l time my couveraaJonßWjtb the prn-ner; ifc^,.s ex-ie "vfour weeks after the docked «ar» w l hm.i Dunedin that I started in sear h of him ; I »,t, not more intimate with him than wi h others in the „me e.a|j!oyni..iit,but I IWt a great interest in him ; I do no' know wbetlur ho bad any money when he left Dunedin; I bchevr- Uiat a p ire WroflaiHlba-, to pay for it in Dunedin ; I don't at all think that the deceased took any l ar «c amount with him — not more than s-i!ii-cientto pay his expenses ; I believe that he went to the Molyneux by Cobb's coach; when at the Molyneux I aot tho name of Fra'son, but I did not search for him in the neuliboihood, because I -was told that lie bad left a few days befoiv, on his way to Melbourne ; I returned to Danedin on the 29U,— the Sunday after I stirted ; Tuck well was present during all the conversation I had with the piisiner; there was no arrangement b.-tween us that such should be thec.- r , for the purposes of evidence : I knew that the prisoner Mas fien in custody ; he had lo^f his passive to Melbourne at the time; I don't j<se -why that sho.ild make him less communicative, I shou'd have answered freely ; I think it is very extraordinary that the prisoner should forget all about a single

ffiftint? with a man for tbo first and only time, being in hU company th'-oe or four hours, and walking five oi" M c will , t!,r n'cfh aye ;• l'Hi -Iv C"nr.: f ry :lam in thr* h.ib.i of milking notes wre 1 1 ti.-.voi ; Ith m/lit he in. ant n'itobo co lruuaic dd l \ A ; aid-o I dodi. « I him with qu '•rims; I meant t >iov» ir, upvi !iis me.nory, by a«kmu him pnrtie.il iv qiiosjoiis about tlie Moon, and other things which he ww lively t'i i-ccoIIlC ; I suspected him at first, lx cause hf >iould not answer : and mv s'Npicin'i'i were sMo.mthi'iiel by what 113 sail; I tiiouiht li<« i--\ 1 a^'oit d-'.d uiOiC wliic'.i ha >\.v.i!d not 1; t!io hlnl is low or down tlie river tlian ill ■ jr.; on- 1 ".; hu l - al»..nt a mib perhaps ; I idenifi".! tho h) '.y ot the deirased by its general appo.'ianco, tlie day b lore I suv the pipers ; the dfroa^cl \\ is liCii 1 giv-ini at .Mr Wi's-i s's ; f Imve fro(jir'iit'y seen him wiit' 1 ai the StiU'ord <4re -t place ; Iswoir that this (the in!: writing) is (lie deceased's li.'iHd-wMti'i'?," 1 at, aj I d,d nor sue him write it, I cr.iun t s v.'ar tin 1 , lv wrote it.

Ma"l ; n Fahev. lam a self lev in the Wire pa district ; the piiso.iev plou/hed t nil 1 d iy» for me, be- ! ii-ning o'l flu :>ud Jim • : ho had tw\, hilf-hjlida;;s duiiug tiitiimj; on ;\ i'ri lay a" the latter on I of May, ii y.ijuig m i.i, wh -m I hi I n:\er seen boibre, cillel upon ho ; ho did iut HI me h"s name, but In; ask 'd me to show him bo.no lan 1 ; 1 did so, and wo t 'in returned tj my 'nu^. where l'e im !c ai rut 1 v i.ftlu lotion pnerofhis own, with pjii ard ink I Kave him ; the loU I sho^e I him won 1 , 7, 8. 9, aid 10, Block 46 ; I s.i^ bo-ide him, hut dil not see what he wide; after he hi! p"t fie lo*:> down on paper, t!i f p" i-u!i3i" cai'io int.) tho Iru-uand siil lo tlu y.m.i,' mm, •' Is it there y.m are'" he mpli'd " Yes," ; ii i.i t!ie pii oner sit d'lwn ; th, y t,i kl'k 1 ' c um; ti.n-i about Virloiia aulotli r tiling, and the piicouer then svid Hi it, ho ha-ll oj'i toMi.i U-n\,vm's.iiid!;ou,:ht n :r b io)u, aid tliat --he In I siidt'iit I wi> plou^hiii4, but w.'s not a gao.l li.uul ;*t it ; so he had cnw up ti .show me how, asho^ is a good hand 5 he oil'jivd to plough tliPu, bat I ('ec'iiiod for a u,w da\s an 1 as vod v.ii 11 he woiil I ooaie; h1;h 1 ; sii'l '" Ne\t Monday ;" I told him I would give h> >i 7- a day, and ia ivply to a (^u'-tioii fioiii him f s-aid Mint he c.ju! I hive (he « aiii as myself, and noe i i;ot [uiiin his mo ils ; the prisoner and the youiy,' in:iti ihs.i wont :>w.iy, the prisone • l \ith; that ho was nahrs to 0 ill ac .Mrs Daw-oil.* for his b.ifo: 1 . ; I <-aw tho body of a youiij; man id the inquest, i 11L I coii'd not Lie ltiiy it.

B. r Up Ward : I had only once before spoken to the prioner; this was l.is fii-i visit to my place. The pii^uoi" an 1 tin jou-ii? man seemed :o have kuovMi c.i n o'hor Ivfoie, and they we c friendly together . tlm pii-cner canu on the foil >wing Monday as he had pnnii-id, and worlce I till the Fn l.iy "; we Wui-l e>l tog Tier daily, I dvlvin^r Hie hoio.s, ami he plou^.iiii:, ; l iieve 1111 11. 1 mentioned the youn» man or the hud to hiiii ('urir^ that time ; I observe 1 nothing particular Li hi-, manner.

Sarah Dw.son : I am the wife of James Daw.sr.n, anil live at Foar-n ile c-eek, on fie Clutha, about a mile fioiu Frilioy^ house, otns beinj; the noirer to the 'ievvy : I kn<nv the prisoner ; on Friday riio ot)th ol ALiy lie ciaia 10 :n Lioii^u ; I had teen liim tv, ice befoiu ; he inujlit. so.uj I u,o:i ; it was üb'niu c!ri»(_n o'clock, jin I in; mM .'.d \\ to };.j tig to Mr FalnyV to look alter some H.iw ; he went a-.,, i). and returned ii about na hour w.tu a stranger ;. t^i i, d..rL-coiuplex-loiie I man, di«'-«;.l in daik cioiLcs ; tlie pii,oier siid " 'Ibis is a \ouiil;unn I met a'u Mi" FaY'y'.i, looking for land; v> ill you let him nave torn tiling o eat ?" 1 give him S'iU" i'lW'J, aiivl wh. v h'MO-33 10 go „u«j. lie asked t'iK charge, .uid v, is pultun his Ih.il iiuo hi^, piel.et, when I b.iid that ih 'o •„• -„, ,w t \u 1 4- t > piy ; 1 :>-,!o i him ifhe wit, p'e.s d v. ,ih the la.i I he 'Ltd liokjj at; I s-aid " IJo jou iute.i 1 to come and occupy if i->i>ii !'' .mi he re/hi, i '• Not just jtt ;"' the pri-ui'er stoj.l at the door v. it'.i'i hearing, and etpro^o.l a dc-iie to ger home to en' tiievool; he t.ii.l O the juunq iu..n, '• Ai-j you l^aly V and th.-y went away lo^f'eri.i the di.vui >n ot tLeteiiy. Tlie >'. ifness wjs not cross examined.

\\'m. ilope: I am n.-tl"r .it the MolynPux Perry Hotel, and K.n»w ihc pri-uuei ; 1 r 'in .-nib r hi-, coining to my liou-e one afuimv.n between thrie aud lou.-o'elo'-k, In (,'Oinp.ny witli 1 yoar.g ni.au; it w.s abuiio thceiidof M.is or ths iagii.iiing. of June, and I lad known lL« p.i- .s!or lor rv.-T or th-oe uiouth pri ■> iiiusiy ; lie hid been woiknii; oil th; load ; 1 don't ki'ow th.it 1 hid cvjraeen tl.t joung muu pteviou-!} ; the piisu-.er as>kc»l mo to buy -o u» b.icou and I iiji-Lcd, pii'clj.i-ing !) ib. Oi-jn-t 'r.if of v, hit the I'U-jner hail. Al'ieiv.aids outsi-b t Lvhan»el some tuinijjs for cbbauLs vitii the \..i- uu r, and he and the yoiiug si.au v, e .t .t\..ij tou.irls the iai h, vheie ihe pri. on. 1 wjs ii\ jig; i.i. lint wm r.itle* moie than a qu irh-r of a la.ie iio-n vi\ lious', <\h\h form-, iui t of tiio Ferry I L th" jOue^nKiu lin I tw> coats .'iJ, tl.u lower one b< ing butlo'icd, and the out rj r cf dsuk iiluo pdotnlotb; I aituided an ii,<i,ies-t an I saw a hid) ; the clothes ou it weie <,«ito like those nhidi the jo .ng man wore, and I noticed ai'iin s.une stitehijg on the jacV-t, v.liieh I not eel first w e-i in my house, i Uirutd round a.id a-kul the yr.ui <r man to 1 ok at the it" lyar.l on \. hie.'i I was wcii-h-ingthe 'uruu. ti.ne prc/iou, to this tr.in-aetion I lent an ;.\e to the pr.soner, wiUuut particularly not'tiui; wlul soit of .1 uno it w.'s; I ni't.rrtanN .s'jCv in The jui-oncr'-> po. si-'s-ion a-i a .c bi lon^in;: to o ie of Thomas and Wood's dray-; I v.a-, pie'-ent when JL'iVaughton, one of the diavmen, ciiimed t. s e axe as !.K I,,'cau- 11 it had b'ni given into his chirire ; this w.is in a'l old hut, with t'io icof buiacd mi', a fi_w yard 1 - f.oin thft pi i oners; [ v.as in s. ureii of a firay ho; ;t', jiu 1 v.Vn I pa- el I s-aw the pik'i. t -itvng down the stul-; of th ■ hut; i siM, "'ls this thu wmj \ou aniue. 1 yeut-o'i' on .Slllld '\ '"' lie 11 ,i!iei! tint he wii'.c-d to cv! (he phi e down, yj as 1 not to has. .. lot of r.ui^h u'uips loile im>: ami ; hl.iv ing liii'iv, ft lieu there w.i-, 1.0 one Im, 1-n old woman at Lome; [v.en' into the ha. 1 ", .and the piisoner ini-'-e-l and a-ke 1 me if I knew the o'd axe; 1 siid, " Ye;, ai.d h.il I Ley kn>.\vu h at (hi; Feny liiat}i 1 bid it jtbtrd iy o'- th • ('ay Ici'jie, th re wou'.l ii.n-u b e:\iiuj.,, 1 >.- t i- y did.i t k".ow whalj do for <i\.es to t>o li ewoo 1 cutii't, ;'' !..:sut, "Oh, wi 11, if you Lkc you c.1.1 t,i\e it Lie': with you ;" I Kiid tii.it Vt] tell tliein wh r> it v.is, an,! that t!i;v mi.',ht f teh it. There were t\> 0 rmL -lies ne »• the top ot th 1 ai.dleof the axe, and the liMd was so iixe 1 ;js to inclh.e toward > I'm dandle ; 1 rvnv thea^e at the iii|iiiH, and I swt-a. 1 that tliu one hoa- hand, d t> me is th it w ith w- Inch I saw thu piiaouor cutting the studs of the hi. t.

15y Mr Wilson : I have u«ed tl.e axe for cutting woo lat the Intel. The oinei-.ition at tiie hut oceuuea three or four moi'tns before I saw Ihe prisoner with the joui.g man ; f n- a <':.>vt time tie piisenerwas a fellow vivant of mi ie ; J do not know, and up to that time never be.iul anything against tiie pi i-vner ; I crtaiuiy ne\cr thoutihl lie was a man lncely D commit a muidei ; I kin.w him for U\o or thiee inj.it! •;, dining which time h'.' was either woikini; o,- tryi'irc '0 get wo.k; there are two te-it- (M'Neil's ;>'>d Phi'in\) between t!iu pii-ou. r's and th> l'\ ir>, and 'hr;e i>rf»urb-tv\O"ii it an I the po'iee station, t here is a ti.uk between tiie po'.i.'-c .'-t.it : ri!i ;nvt tbe ]HM»r'slinl; it ieuUfoihe Uoveiiiun ut m-ir\p, and 1-. le.akrly iwd : the axe was gaie'.uiy lelt on thy wo.xl heap at th > lute!, an I f.o w«.re_oJn-:s too; iinyiiie hal aa opportunity of taking it; when the jni.onc was wori'ing on the ro.vls, he was cotitinnallj saying that he wVhcd he could g<t away from the cilouy; that \-is before he wis with th 0 young m\n ; I lookp 1 unon th* p.'ism^r and his w lie as re-peetable people ; 'l saw them lifting the body out of the water into the bo-it ; tii it was at 11 i pot higher up the iivu- than tiie prisoner's hut. lie examined : The pri oner's hut i-= further bickin thebuoh than any of the otheis ; where the body was fb)iid uas peilnp* n lit'l" ueiit-r to the pri.--onei'.s than to M'NuilVnut; the wood heap at the hotel is again?: the hou.se, by the side of the nnd open to the highway; I iie»ei'.'ji\v the ;r-:e at or near tlie hotel, afor I saw the pri-oncr cu*ti'i',- the c tuds wlJi it. J^'uts M'Naiuhtou : I a:n a div.y uau, at.d iv May hsth 5 t was en.plo.ed by T io:nas and Wood; the-e was an axe which I was in ihe habit of carrvinpr in my iliiiy ; I did not mis-, it un'il Hope told nie^om^tbing aul then 1 a^ked tiie p.i^o ler where he had put it; tint v.as just before he left to g.) to Victoria; he had fien 1 i\, his hut, and was living- at the feny house. ile hail that be had brought it Ir.ck; I never saw the axe from the time I raided it until ib -vi cot out of the rio'i ; it win an American axe; there were marks like half uiiclcs beside the eye ; they had been 1 aiised by wedjii'g up the box of a dray, the axe lying under; there were notclrs in the handle made by me; I siw the r.x^ at the inquest.

By Mr Ward; I never c;ive llop3 permi«-ion to use the axe; I -ivply kit it at the ;,taules, and did not mind if it w. s 11-ed ; I don't kno>v 01 it.-, lying in the wood heip; I bilie.o that I never wv it from the time I put it in the *ta')le until after it was sot fiom the river ; when H ,ps told me \yiieie it wj>& I thought it w,ts right enouyh, and I had no me for it ju,t then ; I have seen uKny axe^ l^ing about at the public hou'e, but not this one ; for anytning I know it may have Is>in in the wood lie ij> ; the prKonoi's answer to me was that he Ind brought back the axe, and put it down on the wood heap ; I knew then that the prisoner was froing brick to Vn toiia ; he told us so in the ljoa ;ii "-Pvura^ times ; I always thought ha was a sober, stead v' soit of man.

Peter U nvcrs : In June last., I wan a boatman at the Molyneut, and lived at Inch Clutha; on the 7th or Bth June, I found in the Molyneux, about 70 orSO yards below the prisoner's tent the " billy-cock" now produced; it wa> full of mud, ond after tearing out the lining, I carried it to the ferry-house.

llobert Wilson: I am the proprietor of (stables in Stnffoul-street. In May last, tl>e deceased, Andrew Wilson, was in my employ. About tho hitter end of May, when 1 was about to leave for Victoria, I gave him iiei mission to go up the country to Warepa, to Mr. Kcrr's place, in order to see some land, on condition that he woul 1 return before 1 left, fie weni on Tuesday and was to be back on Saturday evening. I was oa most intimate let ins with him. The day belore he left he woie a pair of long hoots, which I Da-i given him, and rould idrntify, di'ab cord trousei-i, and a bmepilot monkey j:.«kot. This, I can say positively is the j.wk.t; I cannot .swear Jo the troupers shown me, but they are similar to what he wore. He liad money of his own ; and he had three sums of £15, £10, and .t's, in trust for men C mplo; ed under him. 1 cannot say w hat he took up the countiy with him ; but he had authority to take what lie 1 leased from the cash-box, which was in his

charge. He had not drawn any money from me for a long time ; he last drew £f.

Thomas BJ-'oh: J -vn a -'i -unM-e'ujc.fible s'"tionea r.t th •Mo \noti\ -iry. In ,or • -r «■« ■ n- - .cc tfi •- fonn.itiou I hiv.ivhi.' l tlu liveroi Tu',li.- l.",t'a Ju y, for t'i- i,..dv ol a mi-MJiK ma .. I di-, oven- 1 a body anout 3)L» jards horn the po'ioe -tititn, and 100 fio.ll tne iii-i-oi.u-N hut ; 1 pioduee a p!an which I made ou tlie ground, the di\t in C r- s h-in" "ivni aecoraing to paces, except m 0 n> o.n •. wliie'i' is 1 nu-\ iut) tho (!i,tiuce into tlie Wvei fuiu th- ba ik^- M, o nver wru ou tint f.» iy iimeh loner than u-ua;,' and much clearer than I ever vi>i- it be'ore or since : the water Ins gene ally a whitish appearance ; the body was lyinp- i, bout ten yauL from th-i bank in a deep lnle, ai.d beside a L>g in a l,um-h of &mt.«, >,r piGA-sof timber. The lo^ was tor some d.vaii<-e 011 1 from the_ bank, an 1 the bo ly was on the liv side; I was in a boai wirh a mi.i'iiM'n.'d Pimm ; v.c let tli" boat dro,) with the Mi. .un tor tome distiiV.ee keeping a strict look-out on the bottom as «iio moved ; we pulled up a ; , lin. aud. in doiiu so, 1 si>\ tli« body in the poMtion I liave de-, 'libed . tlr:Lv,- !3 iJ, 0 body on which the inquu^r w.-.s held. Over tho head (here was about eigiuee-i inch's of wwart r r } and over the feet tvofeeti-ix ni.lie^ as thMi>l^ lay. th- a\e'age of the river at that spot would be ihvee fee 1 to four feet more than at tint time ; as-.-jl muv, we <>ot the luly out, aad cat Jed a (• , ()u i 1(1J „t ili, ou t | u . ncct day, near tbj saint' I'l\cj, I found t\ ) ion '-ji .ics an 1 a pice ' < f rope ; one of tho pole-, was lotirteen feet or sivteeu i-J lon ■-, and t \ 1-and-a ii <If mcii". Mirough; it A.. t s a qucn joio. ;m I appeau'd tv have b'enmckul v..vii I an I then i,u,\cu: a li.t.e 10.v.".dowa, and almost oxiclly opju-itu tie pii-tnei'x'hut, I found two i.u.ir- ; tl'Cj v.cie two ity j.uds fiom tne ban.v, and in lour fe j t of wiier; tiie -ex,, day I se.uvhcd a n ain, and %u-y lie ir the spoi, \.lici-c t.ie r.i^-jis had lain, I r'omu! thr Aiaciicri ,uc no.v p.oduced: all tht-^e "tarebes were nia lo al.oat s jn-(.%w "ln-.i I cou'd see through the water letter tinu at ,oro lv r peiiol of the d;,_\ ; in t!ic pockefh of the ciot.>s, 0:1 the boly, I found a woist-d muttler and a h.i 1 l\er-<-luef, and in the biui-t jto-ket of the .'oit t\^o pi»;. en ol pap, mow bcfoie me, th-rc was nor.hi.ii; tl-,e in the pjckett!. Ti>e lu'ik- of tin. liwi oo t ),t site fo \.!mc the body wis found aie veiv sieip, bin ther .re breaks i a ir, and it wa-, nearly <>p;> j^ito one oftluwj that the b«ly lay; the c was a m.iv t/ack up the hank, a>i lon the opposite side rf th" 1 tiack was a sm ill path leadi'ij in a ••lauting dir.cL'o.l to th-> piiboncr'a hut; There were scvi.il jut'is ;. diif r»it d.ivctie-as fio n the hut; one le 1 dl,^ t lo che 1) mk a.i.l it w..» 0,'j.0 it; it tint 1 10.111 I rb" ;;xe and tlie razor-. ; th- pris > ler In I ie't the ncal.bjrhood a day or two pivvio.m 10 ird'oruntio.i in Hii- 1,1 ut< r b»i',!> bdgel .at 'he po'icc station ; ibr the la,t fn-tniilit hhii I b-eii ii\ i.ij; at the l'.T'-y II ,to' ; it was aDoat the 24th June l-i t that he kf> the iieicj>iborJi-i..rl. By Mv Wu-d : 1 know tip p."i mi>i- foar or five months, an 1 fciw him very often; about three weeks before he left I lu-aid that he wa . g.im.; to le.\>e the pr.'vin -c ; theie were worst ■! sock son The le t of the bolv, but no bo it, : th ■ ra:-ors nppsaicl to be new ; they were Ijiujr open in th> hott i-n of tie live,- • I to)!, tli em t. tie police station, in;* I ( r.vv t t'-ll w h -thei they nvi now i-i c ,nvt The sec .11 1 poln was very much Miialli-r th .11 tiie ot u ier. I be!ie\e it to have be -11 usjd fir dsivin,' entile ; the rope was c 1112 htm a Mia,, not tied to >\tY jr of riie poles : the t-.K'k a'o'i'i th' livet bink ii op-.-n to Uw'pnblic ; it w 1-3 ma I , 1 beli.ve, for ircdiuu, liiew^-ol out of' the bii-h; I notice 1 some clott j d rust 0:1 fie :\\r, I pe-er kne.v anything against the pr^on.-r ' be tore this o;c ureuce.

By the Judge : The bottom of Hie liver was rou»h .and full of lioks, but am in could have r.nih; .vi'k~d on the lour oao to wh r- I fu",nd the b.) Iy, ewn hid t .m river be v two fnet higher. Tne loj; w.a-, jiut coveied with w.iier when I saw the bo Iv ; I W/ that v. id.. l <Mi O ing a dead body' 'co-d.f "' hn ■ oirned i', a!on_; the h-;c to the be-t of mv belief, even if there h.'d been two f, et of water on th ) loa- : t ! i«re was a r Moi deil r.r' traiii 1 aloi:a the cart tra~k lm.n th'" 1 fe'.Tv to AL'jVcII s hut, bat not up as far as the pi issuer's. Th 'ie was di. use hu-h on t!)e otl.tr ,-i.le between .M'JV, i'"s an 1 the pris >nei'.s lmo, but n.it m icli Levoud M->ei!'-; Lipie were a few f,,ini'i s in tha neidii,T.-!n>l, who, i:i -jetiiiio fiiewoo I, \v;u'd m,j, by t!,e pnsj .cr's hut in » ting .ilony tic ti ic'c by the rivv.-: the !n-!i be!>\ee>i the pr.^-ier'- and MX, il\ ih i>'ivite ]irop"ity, iad w -.s not in Miy a.id Junu bci 1;■ ent t.r (in \.oo-i ; th.it he_,oad Al\Vcil'b helou-, to the (lONernniL'.it. " n

Joseph TiK-kv.tll : I r.m a detective ofhVr :in cjnsoqiu nee of iuljim 'tiou, 1 went down ti tho G >thenbuiiroii U'eri.u-yiay, July 2til, to v : .\\ -h o • tiu pii--.'jner; 1 foiin 1 1,1,11 thiYc wall !us «ife nvl ch.ld • I a a k" 1 him wh"t'nei ii v h,. \1 1 C U- t-nne d jo.-n liOin t'i» iUolyu.'.i\, :xn ( In« -,-id Ji" 1: 1 1 ; I :^\o-{ if |,c Jmd been ac l\ih;s'.i liTise or a. Wnivp.i, and v. heth^r he had u\lK any .-ti-.uuer at either of tho-,e places'; lie said ih-it he had not been :\i either and had not met a =tia')g.-r; J_ cille I fcj hi.s a'f/ition tint a man na.ued An, hew WiKonlial been in:v,ul abo'it that timu fiomthe Molvi-cux; h-j-ail he h:\d no Tcolleet'on ol thf manor th» circuiustaiicv'. The prisoner liai taken pi-sige?. and as t!iu Got 1 )iibnr,i w-is ab.uir to ior AL.b'HU'iie, I loquest;! him to accompany me to P»rt Chsi.-u'-i-,' ,TeU>, telling l,i. u M-it tlieiv w.:, a gent'eman there who was nine convei«ant with the nain^s of phie^s th m I w 's, and .-/ho would probably he aule to biing it befci to Ips n>ci!Ktion ; ou the Jetty I met Mr Lei<-y an I i-.l'oduc ,1 the ptis )ne.- lo lii'n; Mr Lear,- askel him wh't'iu- he w.is at th" W.u-epi alvnit the end ot .\[ i\. a Vt he s>iid '• Vo I was, i..., ;" I o-irj aU)n-k.d «:» .| le i Ji.j li.i I b-en 't.) III I ahey •> lou?e, or wliethoi- he ha I been id jughinq for any piv-on i.i tint nci»hboiho )d ; t>both nujstio-is tlie pvisi.KT icpn.'d i-i tho lie^i'ivc , L'aiy th 11 asked whether hu hal been to M.--. D-iw-o'i's plaea ty Ijity ho.ue 1 aeon, and he replied "Ou ! v^ 1 do "le-c-»l!e«-t k.i;v tlKic;" Jvary rAfll wh'tl'er al.out that time \e Jim 1 h_vn in eutipiny with a -a.ii.er who was s'tki-i^ la-m tj puiei. i-e"; I.eaiy dosrib^l tliijmiH'sa',e, appei,\inc>, an I dre-^, a.id tie wi--oner f.iid tint J.e did inoi t =u L ii a p"rson — fi.it he w.Ukel ii M„ M „| c ],;,., as "" f ir • 13 his ht't and there p-.itfd, th ■ mm .:nnx in the direftiDii of 1110 iAind: fnui t!u cvitraliet i> sta'e licit whie'.i On |),i,,,ne,- Ind mv'e to 11 k> on bo .I'd, I omsi i-M jd it mvduty to ivre,' him on buspi ion of hauiu; murder d U'l'.soii ; [ f-autio-ifl him i 1 Hie usual way imtin/'i.iiuly I t n>k him int) cusoiy; while 01 th« pa-M^e up to Dunedin the nrNjnera^ii.iotid that li-!i«.d nothe^u to Wa'ppmr F.diL-y's phej; 1 .'i<-k"d him whether b e ] ul ,{ P , n ploughing 'or any per on near the Vi'urepi, or had been teae'iuu any one the us » of the p!nu<>h ; !,> replied fiat he hal not, but t!nt l-c had met ai Knrnide Crook a «lran^er »ho 0 'eompaniud him b-ick to hi, hut, aud ihen went on t,\.aols ilie islaan 1 • I w.u pie ent at ilie inquest at the i.lclyneux _ on Siturda/, the 10th of Jpl'y the mi-oner bcim{ there in myeu-tolv; I escorted id>n 'uck (■> DuiKdin ; o-i the way back, ju^beforj reachin,'Tol 0.-nairiio, he f-.iid, ' I only wiit to have one huu \ onve mtion with my wife, n,,.j t,i, eil you bn i'l no\er nave ilie plei-me ofhangiug me '' 13y Mr Wil-o'i : IJi ive never ttat dthit " I would either ham,'' Frit^on or no longer be a det 'oM.-e • "' I do nnt r. eo.leet ,-ayiiii- that, or anytliiu',' similar 'to a yoiinii- man named Jones, nor it tho piisonei's wife • I have -p »k( n t j his wife about the murder ; 1 don't recolle-t th it I -aid to h-r that. "Kither he did it or nobody;" 1 might not have snid so— l &houll have rpineniuere.l it if I had ; I did not. at the inqu".st htUe the same as I have &tited here. While on boird the tfotlienliurfir, 1 told the prisoner who I wa=i, but 1 did not take hi.n into etuto-ly ; if w1- mere acei'lent that Leiry went down to Fort Chalmers in the same ste.ini.-r as myself ; certainly I had not any ana-igemeut with him; there was no convocation between my s elf aud Ihe prisoner on the liunedin whnrf; win 11 I introauced the prisoner to Leary, I «,u 1, " Tms is the mAn Fratson, whom \ou spoke of as beinc: la-t in co.npanv with Andiew Wilson ;' tint wjs at Part Chalmers; I heird all the uonvor-.it ion betweon Leary and the prisoner; Ido not reeui'.eet th" piisoner assigning- any reason for his not lemtjtnbering ; all the time that Learv was speaking to him, he denied having been at Fancy's '• I think Leary -aid he hal been at Fahey'.s and been toM by him that he (the prisoner) had been there, and that then the prisoner admitted it, but that was after the mention o! the bacon ; I went to the Molyneux after the prisoner w.is arrested, and made a good many in-q-iiri«<3; amount other thinfrs, I tried to find out whether there had been any traces of blood near the prisoner's p'acc, but 1 could not hoar of any; 1 thoroughly examined his hut, but I could not find blood ; I hive not been able to identify the razo -s as inuinu; been the property of the prisoner or the do-c-eased.

lio-examitifrl : When I examined tbe hut two or three stranarois were li\in» in it. Henry Nelson : lam a doctor of medicine and a s-irg.=on , 1 atten led at tin inquest on the hod/ taken out of the Molyneux; I was shoffn a body lyin^in a stable, fully cloHicd excojjt as to boots and hat ■ it had evidently heen in water for some time, and the hair and clothe* were covered with mud ; it appeared to be the body of a young man, but the face beiti* battered m, it i & impossible to stato the a«e with anything like accuracy ; 1 should s-aj the deceased was about twenty-five years old ; there were four incised cuts ou tue monkey jacket, three of which pawed through and cut the under cjafc, but with these exceptions there was no murk or tear on any of the clothes; the upper cut was three inches long, the second tiie same, they being- half an inch apaifc on the left side and joined together on the ri^ht side; the third was an inch below, ;md of the same length, just at the junction of the collar; the fourth was rathe- 1 more on a level with the shoulder, and appeared to be three inches long. All these cuts were cross-ways ; the body appeared to be that of a fine healthy joung man; the features were obliterated, and the bauds and feet were much acted on by the water — the cuticles having sepa-ated ; ou the hick of the neck there were three incised wounds; the first was rather more to ths loft side, sloping upwards, and three iuches long; it divided the skin and muscles, and passed between the base of tho skull and the first vertebia, more than half divi ling the spinal column j the seeo.id cut was thic an I a half inches: long ; it was half an inch below the upper cut on the lefthand side, and m arly joined it on the right ; it passed between the first and second vertebrae, and quite through the spinal cord ; the third cut, two inches

long, penetrated to the body of the third vertebra, fmcru'-inj? the processes; the face was comp'etely baf-i'iol by a b'pnt i'l'trun^nt : I could trace six d'fthic^ wiii I,; th' fi\.f was a')i,ut hn'f an inch a • ■•/.? T.i • : ,' ,t (\,» Iv. tw . i k-!' •. !■ it ;■ ti i-kvjiv, and ]> net: ited to tho hi..:- , tr,. t.inu" the frontal anl te'Jipord b')n.-K : tiie sejund cut was about half an inch beiow the former, and immediately over the eyebrow; thi? was a double cut, it merely penetrated the sk'n at the eUrpmith*, w,u three inches hi!-, aM<! b\ it the fjc \,.r. dthtio^cd; beneath the mirer cou.fu- ,jf t!i; light e\o thjivw.u a tihngular evlieiioly Mii-lo by .1 H|uar<! instrument, the corner of which had fractuied the nnlar bone; the fourth cut was perpendicular to the bo.lv, half an inch below the ibht eve, aud about an an inch !o:i;; it fractured and divided th" ina'ar bone; il n fi;rj, w-l , ;1 [.,, n u^-pDnaicn'ar cut, exactly dm 'i .■• th? no-- ; it -„;n thiea iiK-b^long, and l>iiiecrati'd to and fi.ieturc I Lhe upper j iwboi:e ; the bixth_ cut was tiansveis'iy across the chin; it was U\o inches long, and cvpoiei the lower j;uv, v.hich was h-acti;:vd per,jen licnLiily at thai p.iit, but not by the eat. Upo 1 rcunniiij.- the ti^ues I found that a'.ino->ta!l thi f.icia! ho:io.s wca iuctu cd ■ itsscnidJ ?■> if aftr." tbe wounds w«re inilictel, it w t s batc<>red wirh =oiue h"avy blunt; 1 l-tuuuent ; tn':rc weiv no other v.oinids 0.1 the hxiy, noi any woumls, or brui-.es 0:1 the skull, r-cec-pi t'lw.e I hue mentioned, my o-ie of ihc three wounds at the ln "; ot> <'»•; neck waa fufneieut to cause dcuh ; the fi:st w.-nu I ov. r the right eve won 1 ! hive ea.iitl iiistanti.ieoiis death, aud " 1 heiiV.e (lu l the one on tie nose would have i)'. "i ufa,. Tho "iv pi.ilucoli-,.Mtf."y likeiv in,tiuin.nt_lolu\ 'intl .-cd the i ici.se I wiund-./and also Thi'_t.n:;^ular one; bat 1 do nut pee h >w, with >ucb an nis ru>ji < it, il^ won 1 Ls ou'd have ben inflicted bile the (h; c. -cd \* h <iM't; he mu-t have been sto ipiiiur, ur I,\ li.tr dou n 1 nth. Ron hi» left -i lp. The •ujket ihi'a\e n.iglit hive been uvd to battor th" a cc is, d' face. Tie bo ly musL ha\ cI c 'ii on its bade whin tho^v.-ouu 1-. on t.i iaje were uifhcte 1. At tlie i'Kpie-t, I i'K>sni'i^[ Mis axe, and s.uv tv.o human hair.!, fo t .0 b -si, of my belief, adherent to the haudh en tne b! Lie tkiio wisa re.id.fch, rusty stain, &ujh a^ is ciusc 1 by l,!ood. J-iim.^, Hoot > : I a;n a doctor < t medicine ; on the ui'id August, [ e^unui.'d (lie a\e produced, which v.as luniU'l_ to 1110 uy the police. !t was eoite lon ci 't 'ale wiJi a crust a six'e'iitli of an inch thUt of animal mat., r, and one m Ip w >s peckled with mica ; iioin tlu :-'de uiiieh v..v tree fiom the sand, 1 w.io.ili'o to d^tich a .small jjortini for CMiuination, but failed tv detect any .--tuio.ure showis^ üb.\t had be -n i\s nuuro, bno it «is undouldejly nni nal nutter, a- ..huwn l,y the oidiiur.y tcsis On tiie top margin of the axe were n-\er.il (■iJtseiitan^linjh.iii.s ; o:i- of tiiecij, exai.ined by tlie mie'iotujpj, prosed to be a poitLm of skin, wMi the latrt. iitdl ciulvldalin th.ir bulboiia roots— a naturd.ataolnueut. The h ur-; were s:.nller thtn tho.-e li'omtlu iiuniui vcilp, Inu, auivem '-ize with tho-o troia (.th, r pait, of the sa:lu;j of the body; 011 troitjiir Iho cut .Mth sdme ojUitiju, flu ordiiuiiy c'iu i:tL'iisri(s of the appearance of o'iio I v,, re evident, b.it it is unpossiD'c ti .-> iy \\ he I her it w.is human Wood or n.-i, ; -^eial articles of ciuUii.ig nee fan omitted to m*> ,x\m ; on a pair ot fu,ii.in Jroiiiew I found a stain u-.i.eh I consider to be of biood.

IU Mr SY,\\\\ : I c^rt.rnly cannot sxy whethor the stain is ot Imuiau bl. o I l<v not At Lilf pist !i\o, after a bWc iufcrva!, Mr. V>'iK.xi cjiununeed liv addu-.s for the pii- ? !l '- r - He sule.mily bo.o i o ht the j.uy to tluinLs tr.m^ their minds any imp'-ebion anile by new. paper or oilier rcjoi X, r> .pectin:,' LJii-» m^. I'o do bo wis iv,[U'i-.d by their o nil to (Joi ,m I nun ; and if they did i;, a- id juiced only xVoi.i tiie cvi Is nee given in cjuu, ill >y nia.stconelu.'e tir.t t!ui-o w.h little indeed m ir, a-s tv inig anu.i t tne pi'Kmier ; th it there was nut enough v warrant „11 picion of »ui!t. Suspicion amnriti'l t) lo^ thui pro-iiiupMon ; a. id the jury wuu'd lvui-iub r tint preMi>u t >tion wns not t noof ol guilt, [f iiopo h:.d ham in the dock a.id Frao -ju in the w-itno«s-bo<c, wouhl iu>& tlie c\is>e bo as strung iig.i'-^t hi-u us it now was n^aiuM, L'latvm *J3ot'*i wore seen in the camp ,nj ot the deceased ; both lvi I u ,cd the nvo' Ali ma passed, wit'i thy detective and L<>ary was co isistent with perio ;t Inno 'ence on the part of the prr-onoi. He wat a-hjie willingly, and lo.ulily told all lip' knew, \,'iien ci -ainiitaiices'weie luoujlit t) his ret'olle'-uuii. Tin. pn,oiier wu 110 bus.lir.ii);,'. r, liking lite here an 1 tlieie; ail die witness said that he wa a v ajea-de ami li.dv.trim-, ran. Bur if he had cm uuiLlwl liiib Mi.nk'c, ;ui.l It »,ii his fir,f, ciiti'J lie or .",ny mill have jr 0 ,, e tour ti.i-,s aflof to t\u hou'e of Valu-y, i 1 wine'i he Lai mcL liU victim, :.nd \NO!'\ed and Inert t.Vrj without Faiiuy noticing -joiui thi m' ■jtr.iii-j.c in h'w iii'n.i. 1 1 lie co. t\;>ued kmjr in tho nei,;lib.jiulwol n.l he lud tarnod m-jacj ci.oui;ii fjr goiiig tv M.'lbjiiiuij, hi', intcutiM) to go there bcin"kjiown, not only to his intunntes but to ISJ itc!i, lh° 1) ihce ctii:e •, we^ks before he 1 taited. Wliat motive had the j.ruouer t> muui.'r Andiew r it-,on i Ue- '^ ' '-i^i-'.e n.>, >jo; .1 hint ot it A^ far a^ they \vo«» ieen, they \vo:e gool frtjurl-,. din ] There was 110 evlluuix thai the decoasfd li id numey witli him beyoii 1 wlat would be jti.st enough for his j'Miiu}. It was I' i• to conclude that the murder of \Ui->on— for munieiel he was wirh horribly revolting bmtulioy— «'h not comm.tted ueir the pri<;onri'l hut 1.0.- near M-A'eil s. it it Ji.aa boe.-i, ti yes of blooi must lu\c I'cui i ce-i on the tra-k or path. But Tiiekwe'l coald not liiid snxh tracer, or any one who hid Mj-ii tlie n. 'L'ne pole-, an 1 ihjivpj >\j:e evidently coanectid with the murder ; nn 1 the strong probabiiiry w:s that h" deed \\ru> dune hutlier in the b'isli, and the bjdy car kvl by two h.oii, between tho^e po.'cd, and ilunt;: into the rivi'r. Some peism other tlmi the pi^oncr iuuht have had a motive to murder the dwo.t-ed ; and f he lia I, wli.io obsf.ic'e was there to liib getting po3-c-Mim of the axe? Tiic pri-onoi'a story wiu .mite eon-Ueu!;. lie said that luhidretui.i.'! tit. aye. and it was in i\ideiiee that whe 1 lL>pe-»pjl;ut) lfun he sail, "T,,ero it U, take it back. ' _ it hid boon atteLapted to iaise v pifju'liee that t : ie pri oner would have co'in-iiued .sni -i lo jifu-r the in.jue.t if he eouid have < 01110,^1 ib '• G(\e me au hour's conversation with my wife.uid^iibliuliioi have the pic is.ua> of v ui^'i'!,' hn. :" i\o ; ior if .she ciild have be^n cal'ed .isii v.h.kjs, ■,heim-!iiluive tul.l how lie pi^ed his unit', and stated oilier cucumstaiu.'s which would ccitaudy hn.j p-oved his iiinooiue. The .;bs-u-e of the uonts from the body of tie deceased was a singular »a<-t. \v'hoc\or kille 1 Wilaon took his boots — atoie tSiLiu — not bjcauje lie was destroying any evi'lciieeof gailt, for the ie o 's were not bruise lor iajurud, but b.-c mse ho wanted the boots to wear. Hid tue pii.3oner not tkm, or was he ever seen with them .' No; but in all probability tiny were still in the pj^oMion of the murderer. There w.i.s in the ease jtut enou^i against the prisoner to jusiifv aire-t by a policeman, and nothing- more. Mr \\ ilsjn pointed out t le difficulty of dealing with cireums;ai,tiale\ideneo,coiile!,dmgtiiatcii.-eums'tance, miyJie as well a^ in UviduaU ; and lie cone" v led with au el appeal to fie jury for thoroiH> impirtiahty ni weighing the evidence, and ths jiivin-r to the pmmer the b=nufit of any doubt as to his -uilt. liie learned Judge cautioned the jury a'Mirnt b"incr mislel, either by indignation called by tin very horror ot the muider that ha I been committal, to conclude hastily that the prisoner was the murdereror by fears as to the result to the prisoner of an adverse verdict, to do violence to tlu-ir belief in hid being guilty. Hi- Honor read the evidenctnroiiKhout(exi:t;pting the medical portion), commenting upon the principal points us he proceeded. It would not do to lay too much stress upon the impossibility of the prisoner's return to Fahev'.s house three or four days alter committing the murder. It was a que-,tiou of temperament what any man could do i-i that way. T.ie dec abed did not actually take out his pur.se at, D.vwton's house; and bejond what passed theie, there wa 3 not a su^jrestion of motive for the murder. The jury could not, therefore, convict the primer, unless (this one incident apart) they let that the sun-rounding circumstances weie so strong as to leid them to a verdict of guilty, although they were unable to ' conceive what motive the prisoner had. The two btroiig points were the uri oner being the last man si en in the mimieio I mm's comp-mv, and being the hstmin seeu with the axe with which the murder was no doubt committed ; uut it was important to remember that throe or four weeks elap^d between I his being seen with the axe and the committal of the murder. If to the two facts named could have been addul the third, that the prisoner when stopped was stealthily trviiip; to evape to Melbourne, v woul 1 cirtciinly have furnished a strong ground for believing in hi-, guilt. But it was clear the intention to go away \ia. formed and made knotva in the neighbourhood long before he started. The finding of the axe iv the river opposite the prisoner's house would be a very impjrlant circumstance, ii the others iv the case led the jury towards a belief in his guilt. Tuckwell's evi(leuee, taken in connection with Lsary's, was about the most important ,in tiie case, and His Honor did not think that the jury would consider that importance to be lessened or vitiated, although small discrepancies might exist between the two ace Hints. Of the weiirht to be attached to the prisoner's denials and forgotfulne&s, as described by Tuckwell and Leary, the jury nuM be the sole judges. It was the duty of the jury to dismiss from their minds the question put t) Tuckwell as to whether he had not said that he would hati?- the prisoner, or no longer be a detective. Tuckwell positively denied it, aud there had been no attempt to prove the use of the words. The jury retired at ten minutes to eight o'clock, and at. twenty minutes after nine, amidst the breathless silence of those who densely crowded every part ?fr»l ie <j1 ° lll ' ( '' fcll ° Foreman pronounced a verdict of— wbiljTY. The J udge : Let the prisoner be removed. rratson wept bitterly on hearing the verdict, and as he was led from the dock he sobbed, " Tha; Tuckwell has swore away my life, after all." l ? «ii)AY, 17th October. The Court was crowded at half-past 10 o'clock, evidently in anticipation of sentence being pissed on John Pratsou, who was on Thursday night found builty of the wilful murder of Andrew Wilson, at the Molyneux, on. the 30th May.

BETWEEN