I.—ls

80

I shall now briefly review the other evidence against the prisoner,— 1. There is the place where the murder was committed, a places very likely to be chosen, and of course well known to the prisoner, and easily accessible from his house. 2. The character of the murder, evidently revenge, the object not larceny. 3. The probability that the murder was committed by a foreigner, because committed by a two-edged knife, and the frequent and in a passionate manner, show the passion of a Spaniard, Greek, or Italian. 4. The possession by the prisoner of a stiletto, two-edged, strong, 5 Jin. long, just fitting by its measurement the wound found by the doctor in the heart of the murdered man, which, with the wound on the jaw, showed that the instrument was strong, two-edged, tapering, over sin. long. 4a. The bullets: How many owners of double-barrelled guns would have bullets. It is surely not usual to fire bullets. 5. The lawsuit: Eefer briefly to the statement of claim and defence and the fact that compromises had been attempted, and proved useless. 6. The fear of the prisoner of the result of the lawsuit (Durrel's evidence). 7. The threat used to Tucker. 8. The fact that the pocket-book containing the Native papers was the only thing missed besides the cheque-book. Remember that Mr. Hawkings says the land let to Chemis was a sublease of Native lease. Even the memorandum-book was left. 9. The bullets. 10. The double-barrelled gun recently fired. (I will deal with this in a moment). 11. And last of all, but not least, the absolute absence of motives in any other person so far as we can judge. What then is there in the prisoner's favour? — 1. The absence of marks of blood on clothes or stiletto : 'As to 'this, I only observe, that if he is the murderer, then, considering the time he had, I should be astonished if any blood had been found. Of course we do not know what clothes he was wearing, or whether those clothes are still in existence. 2. The fact that neither the pocket-book nor the cheque-book have been found in his possession : Well, if he be the murderer, would you expect that he would keep them ? 3. The evidence of the shot in the pouch being different, and being the only shot found in the house : There was no powder found ; yet he had loaded his gun shortly before, as he himself said, to fire off at quail. Where is his powder-flask ? Where that is I suggest will also be found the balance of the No. 4 shot. He had some No. 4 shot in the pouch produced as well as some No. 6. 4. The evidence of the gun not having been fired recently from both barrels: Now, it had certainly been fired off recently from one, for Bradford had one finger blackened ; and the prisoner himself said that he had fired it off three days before at quail. Does a man fire off one barrel only at quail, as a rule ? Mr. Bunny's question suggested that the prisoner showed three or four quail to him when he asked the question. Is not the matter really explained by Tolley '? Benjamin put his finger in one barrel; gun was foul and dirty and rough in both barrels, and then the greasy powder remained in one and kept it smooth ; the grease on the other being removed, left it rough. But whoever fired those two shots at Hawkings, fired one barrel ball and the other shot. Mr. Bradford could not say what would be the effect on one barrel of a tight-wadded ball passing down one barrel, whether that would or would not account for the difference of the feel. Mr. Tolley said that a tight wad would clean a barrel. Now, whoever fired those shots, if both fired from two barrels, had a tight-wadded bullet in one barrel, and shot rammed down with newspaper in the other. It seems to me that the evidence showed there would in that case be a marked difference in feel of barrels. But all expert evidence on such questions is of very doubtful utility—it is rather matter of common-sense. Take Bradford, for instance —he was quite earnest and truthful, but he had formed a theory, and so strongly, that the moment he saw my speech he prepared cartridges. He was not called for a day or two after my speech, but he never told me I was mistaken, or even mentioned the fact in the R.M. Court. Thought them out suddenly in, &c. I admit at once my statement went too far; I ought to have said "probably" from a muzzle-loader. But I feel sure the jury so understood me. No reasonable man would deny the possibility of a man ramming a shell with newspaper instead of wads, but every one knows that wads are generally used for the purpose. I confess I was unaware that paper was ever used. But of course it might be. 5. The evidence of Joseph as to the man he saw that night: If Joseph is really speaking accurately (remembering that, except his talk with Hans, he kept the matter to himself till three weeks after Chemis's arrest), it amounts only to this : That a man with a gun was walking away from Hawkings's place, and turned down the track to Barber's.