SUPREME COURT— WESTLAND DISTRICT.

West Coast Times, Issue 113, 27 January 1866, Page 2

SUPREME COURT— WESTLAND DISTRICT.

CRIMINAL SITTINGS.

(Hofore His Honor Mr Justice Gresson.) Fjuday, Januauy 26, 1866. OHAIIOR OF MURDER.

Tho Court opened, us usual, at ton o'clock, andjtho trial of Stowart for tho murdor of his wifo, Pationco Stowart, wns proceeded with. His Honor, addressing Mr. Duncan and Mr. South boforo any ovidonco was tnkon, said thnt ho hud boon considering tho point in dispute yesterday, in roforonco to Iho admission of a dooumont us ovidonco, nnd ho had como to tho conclusion that tho stntomouts of Mrs. Stewart on tho night provious to hor donth woro ndmißsiblo ns indicntivo of the state of her mind, a faut which was most pertinent to tho enquiry. Ho read an oxtraotfrom " Taylor on Evident." und aftor doing so continued, on consideration ho would admit Meohnn's ovidonco as to statements mndo by tho decoasod, in ordor to detormino tho state of hor mind at that timo she handed him tho slip of a nowspnpor. The samo rulo would apply to tho stntomonts sho mado to various pnrties. Ho wns glnd to sco his way to admit this evidenoo, and would havo been sorry if it had boon excluded, for Iho counsel for tho prisonor ovidently thought it was grcnlly in favour of his client. Mr. South could cither recall Meehnn, or then oxuiniuo him us it wilncsa for the defence,

Mr. Mouth profcrred calling him as a witnoss for Iho defonoi). Tho Grown Prosecutor said in that caso ho would ho enabled to call robutting ovidonco. His Honor said of courso ho could do so. Sorgcnnt M'liiilis said — I saw tho prisoner about ono o'clock in tho day on tho 2nd, aft.>r ho had boon arrosted, aud had somo conversation with him. I wns crossing from tho mofs-voom, as ho was boing brought across tho camp square, and ho remained with mo whilst tho conslablo wont to his quarters for a moment, 110 said to mo that his wifo had committed suicido, and wont on to oxplnin thnt. sho was collocting wood that morning on tho beach, and that the last ho saw of hor wns about nino o'olock that morning. Sho was then sitting on a log on tho bench, and ho saw hor from a window of his houso, but that ho himsolf was not on tho beach that morning. Horominded mo, at tho same time, of a conversation that ho and I had previously in roforonco to tho decoased, about a fortnight boforo hor donth. -At thnt time ho called on mo in roforonco to his wifo, and stated that sho wns continunlly drinking, nnd ho Avnnted tho polico to tako somo stops in Iho matter. I told him thnt wo could not do so, uiilcus sho was disorderly or drunk in tho slruots. lie then said that ho wished mo to remember or take a note of his hnving mado tho roporl, in case of anything happoning to her. I asked him whnt ho meant, adding that ho spoko like a man that mount some harm lo his wifo, and that ho should not uso such lnnguago. I may say that, before ho lind thi3 conversation, ho asked lo see Mr Snlo or Mr FilzCrornld, nud on my asking him what ho wanted them for, the nbovo statonienls woro mndo by him. I am quito cortain that ho stated ho had not boon on tho bench that mprning. Cross-examined by Mr South — Ho first asked to sco Mr FitzGorald or Mr Salo j tho former is (ho acting or liosidont Magistrate. I did not want them to bo troublod unnecessarily, nnd thnt is why 1 asked him what ho wanted, and then ho voluntcorcd iho stntomont. Whon ho spoko of anything happening, I thought he meant hnrm to his wife. I thought porhaps ho would boat his wifo, nnd wished to hnvo tho first say in case of her complaining to the authorities- When ho camo to tho camp ho was in charge of constable White, and what ho stated was accidental cortaiiily, but a voluntary statement. Ho didnot say ho thought his wifo had committed .suicide, hue that .sho had done f.o, and then romindod mo ofthoconver.viUou he had previously had with mo. When lie spoke of his wifo drinking, he said thnt she was continually drinking, but he did not hay anything about his lifo being mado miserable by her or that ho inlondod to leavo her. Ho said that the last ho saw of his wifo w.i.s at nine o'clock. When ho said his wifo had committed .suioiilo ho Hcoincd to bo excited and troubled. iSorgeant Iliokson said — I remember tho Ist and 2nd of January. On tho evening of the Ist the deceased Mrs Stewart camo to the camp between six nnd seven o'clock in tho nveniug, and said sho had been subjected to ill-trcalmcut by her husband, and »ho was afraid ho would do her fioino harm, and that ho waf^ jus*, after threatening to do her somo lrn-in, und xhc was nfrnid of hor life of him. Mr Sou till objocted to this ovidenco being given, on the ground that it rcfoned to previous mutters occurring between tho prisoner and deceased. His Honor, on the same grounds that ho had considered the document previously rofcrrod to admiVJblo, thought that this was too, for it would toad to show the stale of mind of deceased. Mr South submitted that this ovidence would not tend ko much to hhow the state of mind of deceased f|iis to prove, ns was, no doubt, intended by the Crown, that mnlioo aforethought existed on the part of the prisonor. His Honor after .some further argument admitted tho ovidonco. Sergeant Hickson's examination continued — I asked hor why she had not taken my advice when sho hnd been to me with a similar complaint on a former occasion. Sho said thnt sho | did not wish to cxposo thouiKolvcs in court, but that she would come down next morning nnd get a summons or a warrant, and have him bound over lo keep tho pence. I had previously told her thnt it wns too late to get either thnt evening. At the time she made that statement sho was crying. She asked if I would allow a constable to have an eyo nbout the place during the night, and I said I would. Sho gave ns a reason that .she wns afraid hor husband would do her somo hnrm, and she wished the constable to be at hand in case of anything occurring. After this sho left. Next morning, tho morning of tho 2nd, I saw tho prisoner brought in»in custody of Constable White. The gaoler was absent at tho time, nnd I went to take tho ohnrgo, but before doing so I asked the uonstahlo if ho had cautioned the prisoner, nnd he u>pticd ho had dono so. This was in tho presence of tlio piisonor, nnd subsequently I cautioned him myself. I told him that it might be necessary for me to put somo questions to him on entering tho charge, but he need not reply Jo them unless ho liked. I then asked him when ho had last seen his wife, aud he said thnt about nino o'clock that morning .she left the houso and wont on the bench. I asked him if ho hnd boon on the bench thnt morning, and he .said ho had not. In reply to a question ns to whether ho aud his wit'o had lived on good terms, ho said not very good, hut that they had slept together on tho previous night. Tho reason why they hnd not lived comfortably together was that sho drank, and her drinking was tho oauso of the disagreements. , By Mr ir-'outh — Deceased did not get her husband bound' ovor. J never saw her alive afterwards. On the oveuing of tho Ist. I could notice that sho had a littlo drink taken, but on the first timo she can.o to the camp on the samo errand I did not notice it. I considered that, acting ns a watch-house keeper, I wns hound to inquiro whether there was sufficient to justify tho charge. ' Mr. South submitted that as*, under any circumstances, the witness could not havo released tho piisonor, ho had no right whatever to ask any questions. His Honor quite agreed with Mr South. It wns the duly oi iho police not to draw answers out of prisoners by putting questions of tho kind. Jf prisonors voluntarily wished to mnko a stntcniout, it was tho duty of tho police not to check them, but the scales of justice should be hold evenly, and no unfair means should be used to get up ovidenco ngninst prisonors. They should neither draw out prisoners nor check them, if they desired to inuko a statement. Lydia Esther Wright, ro-called by tho Crown — The deconsod called at my houso on the morning of her drinlh, between six and seven o'clock. Sho owed mo a small account, and she camo to ask how much it was. Sho said she had no money then, hut that she expected some monoy through tho day, and that she would call during tlio day and would pay it. Catherine Jones said — I am a widow, and reside between Rovell.&troet and tho bench. I know tho house lately occup'ed by Iho prisouor Stewart, and my houso is near ifc, The ond of it is towards tho bench, and tho front towards tho street— towards Rovoll-strecton the Hokitika river sido of prisoner's houso. I remember tho morning of tho 2nd of thi.« month. I was awoke botween eight and nino o'clock on that morning. I went outsido to hunt somo horses that were knocking my tont down. I then saw a female walking by tho beach from the Grey way, and sho snt down on a log opposite my tent. There wns a ridge of sand by the beach. There was a great log on tho top, with a very high fall. Tho log was on (ho top of tho ridgo. Tho fonialo wns sitting with hor faco towards tho soa, had her hands to hor faco, and was swaying hor body to nud fro ns though sho wns in dwtress and crying, Hoy back was towards

my tout. I know tho woman by sight, arid Know hor namo to bo Mrs Stewart. I know tho prisouor by eight, mid I saw him that morning. "VVlion I first saw him Mrs Stowart wns sitting on tho log, and ho was going up towards whoro sho wad. Ho was going from a black tent whon I first saw him nbout half way between my tout and his houso, but nearor tho Bea than oitlior. It was in tv lino to where tho doeoased was sitting. Prisonor, whon ho got within eighteen or twenty yards of his wife, I am euro it was Mrs Stewart, took up an awkward picco of wood, about as thick us a man's arm and nbout a yard long. Ho then wont up to his wifo very quick and hit hor with tho stick on tho head a horizontal blow. (Witness described tho blow.) Mrs Stowart foil over (ho log towards tho soa. At tho timo tho blow was givon tho baok of docoasod was towards tho prisoner. ' Tho blow struck deceased on tho left sido. Aftor docoasod fell ovor iho log towards tho sen, prisoner wont ovor tho log after hor. I could not sco on what part the blow was slruek, for tho prisoner's body was botwoon mo and her at tho timo the blow was struck. Thoro was a fall of fivo or six foot bolow tho log. Tho log was tho remaining portion of a big tree, ond was a long ono. lam quito certain that it wns tho prisoner who struck tho blow. Cross-oxamined by Mr South— l have Qeen in Hokitika about three months, and cami from Dunedin iirst. Before that I eiuuo from Melbourne, I was about eight years in Victoria — about three years and a half in Melbourne] and the remaining timo in Sandhurst. I iirrivM in Melhourno in 1858 with my husband, 'John Jones. In Dunedin I was getting my liviug by dressmaking, and since I have been hero I have got my living l>y the same means., Have Aiado dresses for many people— for Mm Gamble, ' Mrs Brown, Mrs Hawkins, and others. That ii the only way I get my living, I will swear. I liave no one living with mo in my place, and o;} my onth I have never had any men in tho tent with mo at night, who have slept with me. IJ any ono came forward nn'd swore that I had, lliey would be telling a lie. I feed myself und buy clothing with tho money thnt I enrn, ana if I driulc a glass of boer I pay for it. I wns i.over drunk in my life. I never lay drunk on, tho floor of the tent and howled. I am tho quioto.st neighbor about tho place, and am (well liked. I roinombor last Now Yo.tr's fDay. On that day I wns on v horse fort fun, hut I was nut drunk. I was riding straddleways like a man rides, and sewod un my gown betweou my legs to do so. After riding ij this, way through the town I was not pulled off tho horso by my neighbors but I fell ofr. I v\hs notdrunk when I foil off any moi'o than I aiij now,. I had a bluok eye a few days ago, aud!(t waa given mo by ono of prisoner's frieiuUJbn Iris account, at my own tent. I .do not kndw lus namo, but ho camo to my tent, culled tv? (6ut, and struck me, saying that I was going to/jumg Stewart. Ido not know that I could rccagniKe him, for it was evening and uearly dim. 1 know lie wan a friend of prisoner's, liccauAo he told mo ho was. lie said whon ho came, "U am a friend of ir'towart's, and you are going to sang him. so tiko that," yiviilg mo the blow atl the same timo. The rowon why I did »ot inlprm tho police was that the man did not hurtyno much. It took placo on Tuesday week. We was vnry drunk, and I did not take any st^ps against hiln. I have had no black eye since. 6n the ovoning of tho Ist I had three glasses wf beer, but no spirits ; for I do nob drink spirits, and have never bought any eithor. I will swear thnt I was not drunk on tliU night. I judgo that it was between oight and vino o'clock, whon I wns dislurbcu by tho horses, by tho morning, for I saw nh watch ov clock. I niovoly guessod tho time , but to Iho best of my opinion ifc was hot woe i oight und nino o'clock. I was ill on tho morning of tho 2nd, and bolievo that I had a touch ofthofovor. I was very bad and sick tluit morning. Tho heavy raiu hud pot into my tent, and my clothes woro wot. whon I wont, out to drivo tho horses I was ill, nndhfd nothing on mo but my potticoat. It was a nico looking morning. I Raw no ono nbout but tho prisoner, and tho woman on tho log. Tho woman was walking slowly from r tho Grey direction whon I first saw hor, and sho afterwards sat on tho log. At that timo she was, about 100 yards distant from tho log. Sho had on a sort of a print dress, with a dot in it, and walkod along tho ridgo of tlio beach. It wns when sho was sitting on tho log that T observed hor dress. I ennnot say how far Iho log was from whoro I was standing, but it might bo about threo or four hundred ynuls. I could see tho dross quito plainly, for it was a flno cloav morning. Ho head was bare, and sho had no boimot on. Sho hail been sitting on tho log some eight or vino minute 9 befofo I saw tho iuun going to hor. Tho man was at the black tent when I first saW him, I uaw him about oight or nino minutes aftor I cumo out of nry tent, and had coiuo back from huntings flic horses away, and, ho was then walking towards tho female. Ho wa9 about half way between tho black tout and tho fomnlo when ho picked up tho stick. Tho black tout is as fur from tho log as my tent is; it is n good distance. It was a lulla over half way whon ho picked up tho awkward piece of wood. I could sco tho stick plainly, and suw it in his left hand. I novor turned away at all Iho wholo timo that tho man was walking down from tho black tout to tho log. He had a coat of tho samo color that ho wears now, but Ido not know who! her it was tho samo. I think ho hud on ' a billycock hat, but I cannot bo certain, as I did not tnko particular nolico. Whon ho was going down ho had his sido to me, and whon ho got up to Iho fomnlo 1 saw him striko hor. When ho struck tho blow ho wont straight up to her baok and struck hor on the loft sido. I could not say whoro tho blow was givon, becauso prisonor was botwoon mo and hor whon ho was striking tho blow. 1 saw tho ond of ouo skirt of hor dro3S,but I did not- seo any part of hor body. I snw'tho blow givon and tho ond of hor skirt go ovor tho ridgo, but 1 did not sop Iho blow fall. Afterwards ho jumped ovor Iho log. On my solemn oath I saw hor Bkirt and body nil disappoar in tho twinkling of an oyo directly nflor tho blow was givon. I did not sco prisoner again till I saw him at tho Court n, week or nino days ai'tor. I did not dross, but went to bod as I was- ill. I wa» out altogothor from oight to twolvo minutes. I did not inform tho polico for I was ill and partly confined to my bed for about four or fivo days afterwards. I did not go about tho neighborhood and buy things till nflor tho Jlvo days. I did not buy food for thoro was enough in tho houso ■ for mo. During that timo I did go out just to tho baok of my tont but not to buy anything, and I did not go into Rovoll strcot until tho fourth day, Friday. A porson named Mrs Gtondlo called at my tent on tho 2nd, about 12 o'clock and I said nothing about what I had seen. I was vory ill and did not change two words with hor. I was in bod whon oho camo in, nud sho camo in to toll mo that a fomalo had got drowned, but sho did not say whoro or who it was. Although she did toll mo I did not say thnt I had soon thnt woman knookod oil' tho log, nor did I say anythiug till tho following Saturday. I thought that I ought to mention it and did so. I novor know any more nbout. tho woman boing drownod till somo days after. Whon I first mentioned it I was going to tho hutohor's, nud it was to Mrs Cfrvndlo that I told it first. I novor said that would hang him, or said anythiug about hanging him to Mrs Gandlo. Mrs G audio and Mrs Colls woro tho pcoplo that got mo to go to Court and givo ovidonco boforo tho coroner. I saw them at first at thoir own houses. I said to Mvb Gandlo, when I saw Stewart striko his wifo, thnt they were only having a lark, what we call fun. I did not think anything of it at Hie time, and I never

interfere between man and wifo. I was not able to toll that he knocked his wife into tho water. After this I was summoned to givo evidence by Detective Howard, after I had told him all about it, and showed him tho log. Howard did not ask mo first. I sent for him to tell him all about it by the first con.stuble thnt I met, I lived in Walker street in Dunedin, and in George street tliß remainder of the time. I lived . in Walker street eight months. It is eighteen months since I lived in Walker street, and when I went thoro first I wns cook with Mrs Power. I Rtayed with her eight or nino weeks. Aftor that I took a house in Georgo street, and wont to work at my trade. I remained in George street and then camo back to Walker btreefc again. 1 lived in a small two-roomed house, and followed uiy trade as a milliner . and dressmaker. No ono lived with me, no woman or man at any time. The hon.se in WnlUer'street was next to Mrs Power's, where I had previously lived, and I lived quite alone. Where I lived was respectable, but on the opposUo, at the baok of the street, it was not very respectable. I stayed in that house about eight months' I was not up nil hours of the night, and did not make any disturbances there or here. I was always known as a qnict neighbor. I went to Victoria from Adelaide, and am a native'of Dublin, but I left Ireland when, I was five years old. I then went out with my uncle, and went to Sydney When I lived in \Valker street my husband was dead ; he wns killed at the ice machine. When I got the black oyc, previously referred to, the man did not come up to solicit piostitution, nor did I ay to him " Go mid get somo money and I will talk to you," I saw prisoner's fnco when lie went up to the woman, hut I saw his side faoo us ho went before he got to the log. By a Juror— When I paw the woman walking along the beach, she hud her bund to her face, but I could toll by the features and by her dross that it was Mrs Stewart. I had not seen that dress on her before, but I could have known her by the features and her curly hair. I never saw her since hor death. I have seen tho dress since, and I described it to Inspector Broham before I saw it. I was not al>lo to walk far. Whon I hunted the horses away, I \vent_ about twenty yards. I only saw the prisoner's sideface na he walked to tho log. No' one had told mo what kind of droaj deceased woro, nor had I aeon it until I described it. By Ills Honor — Where prisoner jumped over tho log after his wife thoro was a porpondioulnr , fall of five or six feet, and ho then disappeared Altogether. A man of prisoner's size, if he wont down, though standing erect, could not be aeon fiom my tent, which wns in a hollow too. As soon as tho blow was given. I went into my tont. The blow did not givo mo any uneasiness, i for they had been in the habit of quarreling, and sometime.-! lurking. Immediately after going in, I went to bed I w;»s from throe to four hundred yaiiln distant from tho prisoner when I saw him take up tho slick. I could see quite plainly what kind of stick it was even at that distance. I was not in the habit of visiting Stow.ut'a home, and never chaiiged.a 1 word with cither of tlinm. When prisoner leaped over the log and disappeared, he still re- , tainod possession of tho stick. Of course- after he disappeared I could not say that ho still held it, but ho had it tho last thing. Dr Huthoi-ford Ryley said— l am a legally qualified medical prac ioner. I remembor about the 2nd or 3rd of January. I had seen the " deceased, Mm Stewart, professionally, on two. oco:miotis previous to the 2nd of January iust. On tho latter date I naw the body, and recognised it at once as that of Mrs Stewart-. I made a post mortem examination on that day. After ■ having stripped tho body, I had it carefully washed as itiwas covered with sand. I had mado a cursory inspection previously. After having it washed. t examined it minutely to 6*oo if thoro were any marks of violence. I found in tho forohoad, immediately abovo tho loft oyo, iv contused wound, with somo swell . . . ling and discoloration. There wns no bi'eaeh of tho skin, but tho part discolored was nbout an inoh and a half m its longest diamotor. Thoro wa3. also . an abrasion of tho cuticle on tho loft side, about Iho size of half-a-crown, on Iho chock bone, below tho left oyo, as well as a mnnbor of scratches on tho loft check, and somo slight discoloration. Thevo weyo stains around tho wound on tho check bone, • and also round tho scratches on tho cheek. I oxaminod the wholo of tho body carofully, and. could find no other marks of violonco upon it, with tho oxecption of tho wounds described, • and tho discoloration arising from them. Tho face was palo and tho features were composed: Tho eyes woro closed, tho margins of the loft oyolid slightly adhering. Tho mouth was partially open whon I saw tho body at six o'clock. I oxaminod tho eyes nnd found tho balls slightly prominent nnd tho pupils vory slightly dilated. Tho mouth and nose woro free from froth, and tho tongu6 wns not swollen, nor did it protrude. On turning tho body on its sido, nml compressing ono sido of tho chest by the weight of tho body, froth appeared both at tho mouth and nose. ' J then proceeded to open tho body. On separating the scalp from tho poricranium I found an clVusion of blood partially congulatcd immediately boneath tho contusion, before described, nbovo the loft oyobvow. I oxnminod tho brain and found tho scries of veins distended with • blood, but there was no congestion of tho brain substanco itself. Tho ventricles of the brain woro quito empty and natural. 1 found tho lungs slightly collapsed, and smaller in volume than was natural, and on cutting into thorn thoro was everywhoro a copious effusion of frothy mucus. I found both cavities of tho heart empty, but this was owing, I beliove, to tho accidental cutting of the vena cava. Tho henrt was small, but othorwiso quito hoalthy, tho liver uiuoh congosted. I oxn'miued tho stomach, nnd found tho mucous mombrano partially congested. In the stomnch I found a pint of fluid, having tho appearance of tea or coffee, and containing portions of an egg in a state of partial digestion. I also examined tho air tubes of tho lungs particularly, and found a slight frothy mucus adhoring to tho lining mombrano. I examined the contents of the stomach, and also my assistant, but I failod to discover any traces of Bpirituons liquor. Tho hands wero quite opon, and thoro woro no scratches wlwitovov upon thcn>. Whon I oxamincd tho body at G o'clock it was quito limp and post moivoin rigidity hud not sot in. I havo hoard tho ovidonco givon by tho woman , Jones to-day. A round blunt instrument would cause such a wound as deceased had ovor tho left eyebrow. 1 can draw no conclusion as to whoso hands it was in, hut such • a weapon, and such a blow, as that described by tho witnoss Jones, would causo such a wound as that on deceased. I can form no positivo opinion as to tho cause of tho death of tho doceasod, but I am inclined to bolievo, but I could no.t positively swear, that tho wound I havo described was inflicted beforo doath. Tho wound was swollon and discolored without Iho solution of continuity of tho Bkin. The appearancos on decoasod might havo occurred, und woro likely to occur, provided insensibility hud boon produced by a blow prior to immorsion. A blow given, as " ( doscribod by tho witnoss Jones, might of itself havo oausod death, and v blow such as occasioned tho appearances I havo described on tho forehead might hnvo. produced death or romloral tho deceased insensible, l'rom theso appearances tho deceased might havo been rondored insousiblo, and afterwards doath have been |causod by drowning. When I first oxuminod tho body, it was clothed, and my assistant in my presence removed the clothes and washed tl«o body. I could not rocognise tho dress, which was very muoh ' stainod by tho water aud sand, and I- did noS pay any attention to tho dress, beyond obsorving that it was full of sand. 1 do rot know to whom tho clothes wove givon, nml 1

do not think that they were given to any pci - son. I remarked tho left eyelid slightly adhered, but it was a mystery to mo till I hem d tlio evidence of Constable While. The constable explained that- ho found hair in Ihe <\vc, and from lhat cause I thought that "^secretion from the glands, consequent on the hair being in tho oyc, caused tho adhesion of tho left eyelid. This circumslanco caused mo to Ihink that deceased might bo alive, though, perhaps, unconscious, when getting into tho water. By Mr South — My impression from that was that deceased had vitality when first in tho water. It is merely an ' assumption of wino that she was unconscious at tho time. Sho might have been insensible, but alive, and tho blood still in circulation though going on slowly. I would hesitato to say positively that tlio contusion was tho causo of death. There was an nppoaranco over tho left eyebrow sufficient to call a contused wound. The outer skin is the cuticle or epidermis, under that is tho cutis. Tho continuity of the cutis wns not. broken, but the continuity of Iho cuticle was slightly broken. This was a "*\ simple, contusion, but I have known a wound such as I havo described quilo sufficient to causo clcnth, through causing concussion of tho brain. Such a concussion might havo beou caused by the body being swept by the sea againV. a log or stono in tho water. Drunkonness, extendod ovor a coiirso of i years, weakens tho intollcot, and may possibly f-*%produco insanity. Excessive drinking ofton produces aberration of mind or delirium tremens. Habitual drunkenness might be cither the predisposing or tho exciting causo of delirium tremens. That may bo caused by habitual drunkonness, but is more frequently caused by sudden abstinence from drink, and cessation from the accustomed stimulants. Total abstinence in a person of habitually internpei ate habits might very likely produce delirium tremens. Patients in v state of deliiium tremens labour under delusions, and are very likely toiirjure themselves and commit .suicide. •Re-examined by tho Orown Prosecutor— l can form no opinion as to the time, when deliiiuni " ' tremens would set in after abstaining, for it would vary according to circumstances, as for example the. state of health, absence orothowise, of montal anxiety or excitement, depression of mind caused by aflliction, &o. Delirium tremens after the stoppage of the accustomed stimulants might occur in a few hours, and r might not occur for days. There arc usually preceding symptoms such as great bodily and mental weakness or piostraiiou but I knew of no otheis for the moment. By tho Jury — The time tho body would be under tho water befoie death would vary from a few to ten minutes or a quarter of an hour. V,-- There arc eases where upptu cully drowned per- ' sons have been resuscitated after being iif the water, for twenty minutes. It was possiblo that ;i full from five lo six feet on to a log or huge stone would causo such •v a wound as I described* ns Mug on the deceased. At the same lime I cannot measure the extent of 4 violeuco by (ho wound ; such v fall might have caused insensibility; for a shoit time. I would not swear that such a wound could not have been caused by the body, whilst wami and immediately after d^alb, sti iking against a log. I havo no means of certainly knowing whether deceased was insensible when first in the water, but finding a wound on the body suffic/ent to cause inseiif-ibilily, it would make the appcaiance.o, such as congestion of the chest and abdomen, mucus froth in the windpipeexplicable, and would account to incforthe absence of symptoms of drowning, such as water in the stomach, swelling and protrusion of tho tongue, &c\, though drowning wns tho cause of death. I cannot say whether the bouy was insensible or not. when put into the water. I last attended deceased on the ICth of December. At the limo sho was very much debilitated, and sho did not present ♦he appearance of a person who was given to drink, or who was in tho habit of taking drink continually. There was quite sufficient time between then and tho death of deceased for her to have drunk to excess sufliciently to cause delirium tremens. I could not consider anything sho had taken previously to account for such a disease, or to be the exciting cause of death. By his Honor —When tho clothes were taken off deceased I tho skin, hut I could not say whether it did or did not present the appearance of being goosc-skinntd. Her eyes were quite natural. There were fresh stains of blood on the face. Fiom the state of the effusion of blood under the wound, I incline to the' opinion that it was inflicted dining life. The blood was partially coagulated, and of a moie arterial character than I should havo expected to find if it had been caused by the rupture of a vessel after death. There wag distinct swelling about the wound . My first impression was that y 'theswelling was the result of effusion fiom inflammation, but I found, on cutting through the tissues, that it was the lesult of infiltration of effused blood from the vessels, as w ell as the effusion deficiibed. and the congulum rcsul ing from the blow. Piom nil these causes and from the amount of blood efi'iurd into the tissues. I believe the blow was inflicted during life, but I aui unable to give a positive opinion. I could account, for the absence of water in the lody by other ways than that the patient had been placed in contact with the water whilst in a state . of insensibility, and the appeal ances would not justify the exclusion thai the patient had not l)3en drowned. On the other hand, the presence of some of the leading symptoms of diowning would not invariably justify the opposite conclusion under all circumstances. James Price said— lain signalman at the spit, and was so on the 2nd of January. It was high water at 21 minutes before 10 in the morning The current on this coast generally sets to the northward, but not always. By Mr South — The current at both ebb and flood sets to'tho northward for days together, but it does not always. At about half past nine o'clock the tide would bo flowing. Ido not know anything about the s'.ato of tho . beach, so cannot say whether there is a ridgo or not. A wind from N.W. would check, and from tho S.W. would assist the current. Objects carried along would bo swept along with violence by the current. This closed the cuso for tho Crown, and Mr South then called tho following witnesses for tho defence. R. CX Capscll said — I am an accountant, at present residing with Dr. Young, in Kcvell street north. I havo been told whevo tho prisoner resided previous to his arrest. The Crown Prosecutor objected lo any such evidence being received, as tho witness know nothing of his own knowledge, and his Honor allowed tho objection. „' Witness continued— l remember the morning of the 2nd January. I rose that morning about nino o'clock. I know tho lent of a Mrs Jones, and pointed the lent out lo you in Iho presence of Dr. Young. I know thut whon I got up that morning it was about nine o'clock, for I looked at Dr Young's watch, and it was half-past eight by it. That watch was incorrect by half an hour, being lhat too slow. I went out to Iho beach that morning, being troubled with a bowel complaint. I went, duo west straight to tho beach. In going down from the back of Iho houso, going towards tho beach, I saw a woman carrying somo firewood towards Rovell stroet. She wns a woman of y from sft. to sft. 3in. in height. Subsequently I saw tho body of tho samo person at tho camp, and it was tho body of tho woman carrying firewood as abovo •reform! to. I described her to Dr Young before' I saw her. After I first saw the woman carrying tho wood, I saw her go to a houso and when she returned a third time to the beach I was sitting on a log, as I felt unwell. Whilst there I saw a woman sitting on a Btuiup also, whom I swear was the deceased. Shi* was distant about thirty or thiity-

live yards, to the northward of tlio one I was sitting on. Slio was crying very bitterly, and she was leaning her head on her right hand. She was then sitting with her fuco to tho sea. I rose from the fitinnp, and walked round to see if I could recognise tho woman. At that time there was no one else in sight ; there was no one within a quaitcr of a mile. I went within eight or ten yards of her, and feel ! ng unwell again, I walked to tlio .stump and sat down. I went to looic at the worn in, because I thought it very extraordinary I liat a woman should be crying on the beach at that time in tho morning Ido not Ihink she did notice me. Sho did not appear as if she did. I saw her face- theio was not the slightest mark upon it. It would have been the left side I raw, as she was to the north of me. I should iinngino that she had been drinking veiy haul. I judged by her appearance, having seen other pusons in the sume state. When I returned to the f-tnmp, I was in n stooping attitude, with my head in the palms of my hands, as I felt ill. I did not remain in that position more than half a minute, and on raking my head in goiting up, I found the woman who was fitting about thirty yards from me had disappeared. 1 got up, and at I his particular moment there was not a soul to be seen around, the woman having disappeared in the interim. The time would be about halfpast nine or ten o'clock. When I saw .she had disappeared I returned to the house. Defoio returning I looked about for the woman both in tho water and .behind the stump, but could sen nothing of her. The (Me was about half Hood. I sw i\o one tit all whilst looking for the woman. There were neither hoises nor men about. I know where ih« woman Catherine Jones Jives. I know her by sight. I swear I did not. see her that morning at all. I took nofmthcr notice during the forenoon. From 11 convocation I had with Dr. Young, I wont to (heCuiip to see a woman who was supposed to be drowned. I recognised the deceased-as tlio f-ame pcifion I had seen sitting on tho log that showing A day or so aferwards, previous to the inquest held upon her, I saw Delect ivo Howard, and gave him the paiticulais, tit hid request, of all that I had foen on the morning of the 2nd. I was not .subr fanned to appear on tho inquest, nor have I boon subpeunaed to appear now I was suhpeenaed by the defence. Mr Duncan objected to tho evidence as irrelevant. Ilinllonor coincided in this. Tho Crown was not obliged to subpwnn, bu<« bud v right lo cxereiso discretion ttlmt evidence to receive. Cross-examination continued — 1 heard when in your company certain sounds proceeding from tho lent of Iho witness Mi\s Jones on Saturday last. I recognised the voice of Mrs Jones on that occasion, l.ki.ow her voice. Tho sounds woro fhoso of revelry, and tho voice of Mrs Jones (hut of a person who had evidently been drinking. 1 Juivo at other limes heard similar rounds piocced from Iho sumo tent. Th« ten 1. is situated üboul forty feet fioin tho back part of l)v Young's premises. I know nothing at all about, tho general character of Mrs Jones. At tho linio tho woman disappeared from tlio log there waa neither man, woman, or child near. Tho prisoner was not on tho beach wbilut 1 was there. It was impossible for the prisoner at tho bur or any other man lo have como up and struck tho woman whilst her head was in her hands. Cross-examined by the Crown Probccutor — I have had no experience whatever in delirium tremens. I cannot tell what distance thoro is between l)r Young's hoiiso mid high water mark, for sometimes tho water washes lo tho back door. The distance from Dr Voting's to where 1 was silling was from 80 to 100 yards. Tho slump I ml on was about ten ou-4welvo yards from the sen, making Iho total distance about 92 yards from (ho sea to Dr Young's. 'The woman was sitting north of me, about 30 yards. Thoro is a ridge therewith n sudden descent, and she was silting on a stump on tho lidge only a few feet from tho sea. She was crying bitterly. This did not lead me t<> believe that sho was suffering from delirium tranens, but I thought so because her eyes were very flushed, and her face also. Only one part of her face or head was covered —the right- side — with her hand. It was later than half-past nine o'clock when I last saw the woman. After she disappeared, I went to the stump where sho was sitting to see whether f-be had fallen, or what had beconip of her. The root altogether is not above five feet loi'g ; it is the shott butt of a tree attached to tho tree. I looked into the water, as well as all round, but could not see a vestige of hrr. The distance from tho edge of the bank to the' water was f-ome thiity or forty feet, and it was about half tide. When I looked I could see no trace of her, and I did not look round any other logs, excepting lhat she was sitting on. I noticed the kind of dress the deceased ha.l on, and T took panioulnr notice of it. It was by it that I lecognised her at the cam]>. It was ft spotted muslin or cotton skirt, with a dark jucket. I did not say to a poison tha» I had seen I he deceased down on the bead) at five o'clock. I made a mistake as to the hour when I went to see the woman at the camp. I was up at five o'clock, but went t<> bed again, and got up at the time stated in my pievious evidence to-day ; and the reason I fust said five o'clock was because I confuted the two. I only stated that I had seen her at five o'clock once when at the camp. Dr Young's watch was half an hour slow, and when I went out it was half-past eight by the watch. I calculated the time by that means By Mr South — I had taken medicine, and had to got up several times in the night and in tho morning. l)y tlio Jury— When I wont to lrok for the woman to tho stump, I looked towards the sea and va A' no footmarks in that direction. There were several footmarks, but could not distinguish any woman's footmniks I did formerly state in mjstako lhat five, and not nine o'clock, was Iho hour when I Hint «aw her. At the time when I missed her the lido was thirty fc«)t from tho log where sho was bitting. The other marks on the beach i.in parallel lo tho pca — north mid south. I did not sco any marks from Iho u'dge s to the beach. Tho iciison why I went lo look for tho woman wa-< because I innued her so suddenly. I did not Ihink .she hud had time to go home. I did not feel any paiticular anxiety, but I felt curious on her disappearing so suddenly after seeing her crying. Not seeing her, my curiosity wan not Mifliciently strong to prompt mo to search for her traces It was later than half-past nine when I lost saw the woman. Ily his Honor— On looking round about, I jaw no loose pieco of stick of any kind. Tho sen was very high lhat morning Tho ridgo in that place was only a foot or two deep, and a person jumping down it would not bo concealed from the view of another some fifty yards back. If n woman fell over tho log and then over tho ridge, she would bo concealed fiom iho view of ti person fifty yards off. There is another log, a long log, fully fifty yards south of where sho was sitting, but she waa not on it. Thin long log was tho rotten trunk of a tree, and was right on tho forwatd o<Jge of the ridge towards the sea. Tho ridge is there from a foot to two feet deep. Tho Jog on which she was bitting was \ very little lo the f.outh of a line drawn at right angles between her houso and the beach. l'hilip Alexander said — I am a carponlcr, nnd hayo been rceoutly working at tho Bank of Now South Wales. I know tho prisoner, nnd first becamo acquainted with him sonio two or three- months ago. I know him through his wanting his house ultcrcd, nnd my speaking to him about it. I romombor tho morning of tho 2nd of January, and was ut Moss' houso at about a quarter or ten minutes to nino o'clock. I know it wus about that lime, becauso I had looked at my watch a few minutes boforo. lam obliged to keop linio to bo at my work. My watch was right, for I kept it right by a Matchmaker's. It was twenty-threo minutes to nino when I left my tent, which is opposite to tho Hospital, un'l

(o walk to Mcbj' would not exceed ten minutes, including somo fow minutes I slopped lo tnlk.to a friend. It would, theroforo, bo about thirteen minutes to 9 o'clock, and when I went -n prisoner was pitting on a scat. Very little conversation took placo between mo and the prisoner, and after a few minutes ho and I went away, and tvcnl to Throckmorlon's olllee. I never lost sight of prisoner from the limo of leaving Miss' to Throeltmorlon's oflico. "Wo only sloppsd thero a minute or two. I told ]irisoiicr before wo darted that I wanted to go (hero to boj' avlioh tho stcamor went to tlio Grey, and prisoner said that as ho was not. Nt work ho would go with mo down (here. Tho Lioness was (ho vessel wo went to enquire about, and sho had boon gono about twenty minutes. "Wo (hen went along the wharf, along tho shipping, and camo up to (own again.. I loft him at (ho topofltcvoll street, near the river. To tho best of my bolicfl wns with him at. least, two hours till wo separated. Subsequently, I taw him coming running up Ho\cll Ftreet alone \\n hour and a half afterwards, and as near as possible 12 o'clock. ITo was coming from tho direction of his houso, and running from his bouse to the top of Novell street in tho direclion.of the Grey. Ho asked me if I had heard of a woman being drowned. I said I had not, and ho told mo that ho had just hrard from a man that a woman of tbo name of Mrs Stewart bad been downed, nnd that bo was afraid it was liis wife, lecause she was not at home. He left mo and inn away towards the wreck of the Monler.unin. Ho spoke of bis wife bofoic we went toTlirocfcniorion'u, nnd said that lather (ban live tbo lifo ho bad been living for the last livo months and live the sanio for all his lifetime again, he would rather chooso death. When i he prisoner cuir.o clown with the police ho met mo and said, " There is a man who was with mo all the morning," and that was the first thing that led me to give evidence. I was then stmiiling at Moss' fhop. Ciws-exaniincd bytl.oCiown Prosecutor— l was with' tho prii-oi.er fiom about ten minutes to niuc o'clock, till about two boms aftor — bnlfpast li nor eleven I believe that my watch was correct tho morning befoie, und 1 did not altei it. If I hud been in time that mnining I should not have gone by the 1 ionor, for I war. in hciueh of a job. rnVoncr en id ho vnst-o tired of living with his wife, that if he hud not gone lhat day ho would havo followed mo and ho had told his wife on several oci'iiMons llmti he would go awiiy. This conversation took place when wo were proceeding to the vessel — before wo got to it and knew that uhe bad left. He did i.ot tell me positively that, he would go to tho Ofiey then. He spoke »bout the Grey on leaving Mo:>s' shop, l'auny fttokes wtid— l Know v person of the name of Cathctino Jouss. Tlio poison in comt is the (it n.o. I know her in l)tinudiu .six or .seven months ago, or it might be h.nger. . I unit my husb.'.nd occupied ii bouse in Hooper's right-of-way, lift.y-two feet distant from her lent. She was living near me in that, tent about three or four months*. I have seen her often intoxicated and havo scon her, with several men, going into her tent nnd appearing to bo very low. The men appeared to bo hull'tip.-y, and made uso of bad language. One morning, us 1 wins banging out. clolhos, flio called mo to tho fento mid said that f was a very hard working woman, and n very (lucent woman, because J never interfered with her. Sly answer was that I novor interfered with any one if they did not •interfere with me. Kho repealed those wouls another time, and said 1 knew wbnfc she wns doing. 1 did not reply to this. She did not say what sho was doing oil her at that or any other time. 1 havo seen her in tho street half tippy, walking up and down, nnd once or twieo in tho morning I bavo seen her with very liltlo clothes on outside her tent. Hho had very littlo on excepting her under linon, and that in a publio place. Lewis Davis wtid— l am managing clerk to Mr Onkes. I was clerk to Mr ' Wilson, tolicitor, in Dunodiii, and saw Catlif rine .Tones there. About 18 months ago, I lived in Walker street in Dunedin, ond had occasion to go up and down the street twice a day going and coming from tho otJice. I have seen that woman in Walker street, about houses inbabited by prostitutes. One morning about half-past two o'clock I saw her iii|i right-of-way opening on tho direct creating a disittrbniice nml nppainnlly dinnk, filie was quarrelling with a digger, and after challenging him lo fight .struck him. I have seen ber here and saw her riding on v hoise in llevell fitieefc with her clothes fastened up so far as to enable her to ride like a man. Ilet clothes wcro fastened round her legs Jiko trousers. A great ciowd was round her hooting and yelling and pelting the homi. Tho horse bolted with her and sho fell oil' into tho street ; s.he wns lifted on again, and after moro of tho winie conduct, ultimately wns pulled oft". From what I bavo heaid I believe that her general reputation is as low as can be, From my general knowledge and obs-trvations of tho woman I wouH liot believe her on bet- oath. In reply to his Honor, Mr Vonth paid that he Had three more witnesses, and it being then seven o'clock, his Honor siiid he would not go fuither, as it would in any case bo impossible to linif-h the caso and <lo justice to it. The jury were again locked up, and constables sworn in to keep them wifely. The Court then adjourned till the next (this) day, nt 10 o'clock.