SUPREME COURT.

Timaru Herald, Volume LI, Issue 4969, 17 October 1890, Page 3

SUPREME COURT.

(&Y TELECiBAPH.) SEW PLYMOUTH, Oct. 16. The case murder was resumed this morning, the sick juryman having recovered. Mr Samuel opened the defence and dissected the evidence brought by the proiecution. He said that accused's possession of the boots was entirely separate from the murder. The evidence of' the clothes wag merely an aasanionby a witness that Maloney had thiogs like ti\em. 'He would call evidonce to amply meet' the charges made' against the accused. A Maori witness who slept the .pres-ious-Sandßy-Hnd'itfonday nights m the same bedroom with accused noticed that he ba.4 on creaking boota, like those produced ; also drawers and a blue serge waistcoat. Tho owner of the boarding house was also precared to ■ corroborate that evidence. T**o witnesses .ware prepared to swear they saw Jlftloriey'in town as lato as one o'cloolc on the day of the murder, but according to the prosecution the aocused was seen m town at half past twelve. Mr Samuel further said he would show that accused could not have been at the place where the murder was committed at the time tbe prosecution states the deed was done. Harriet Ward stated she saw Maloney m Carrie street going homeward, at 1 o'clock, on the day he was said to have been murdered.; Bhe could not mistake him for another, as she-had known him from childhood. In her oro«-eiatmHalibn~MiBTWard still adhered to her story that she saw Maloney at 1 o'clock, and did not mistake anybody elso for him. , Michael M&her, foreman of works to the bcrough council, was positive he saw Malonpy goin,? i» the direction of the recreation ground , on the day of the murder, about a quarter past one.. The murder trial was continued. Witneases to prove an alibi were called for the defence. Mary Bell stated that she caw a young Maori on the day of the murder at about 1 p.m near the road, but could not say whether it was prisoner or not. Hariang*, a native assessor, said that he knew prisoner, and Blcpt m the same room -with him m Ne» Plymouth for two nights about the time of tbe murder. The witness described the clothes worn by prisoner at that time, which didV not agree with the evidence given by witnesses for the proiccution. E. Fincham also gave evidence. < The Court adjourned till 10 a,m, tomorrow., .