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of those who saw them |

without reason. But let me ask, why are not the Dockendorffs on the stand? Where were they that night?! What sort of a horse had they? Let them give an account of themselves. Gentlemen, looking carefully at these facts, 1 have no hesitatien in telling you that what Hand states is, in my opinion, a downright deliberate falsehood. There 1s anot ier w.tiess of the Crown-—Robert Gor- don--who could throw no light on this mat- ter. The officers of the Crown examines this man; they see he can throw no light

on the matter, and one of them tells him something to the effect that he need not appear. Gordon 1s well acquainted with the city, and is also acquainted with Millner,

the prisoner. On the night of the murder, he was standing with his cart on Euston Street, near St. Peter’s Road. He was at- tracted by a rattling noise coming towards him on Euston Street from the direction of McKinnon’s tannery. Presently a_ horse and wagon came dashing up on a rack and canter. Twomen were in it. It passed him, but he could not say which way they went. If those were the fellows who fired the shot do you think they would go throngh town? Don’t you think they would ge tothe country? Don’t you think they would dodge out St. Peter's Road, turn up Mount Edward, and go down te town the road opened by Mr. Smith, on the Malpeque Road, and then return to town? ‘That’s the way a trained villian, a daring assassin would do it. Gordon is well acquainted with Millner, and I asked him was it Millner that was in the wagon

which passed him on that night. He said he did not think it was. If it was he would recognize him There

is no doubt that Miliner and Johnston tuok their evening drives. They often drove to- gether, and were together that evening, and were met by several persons; but look, gentlemen, at the evidence of these young women who come here and testified that they saw Johnsten, with whom Millner was driving, at Mr. Higgins’ dvor, a half mile from the Bog, at the very time the murder was committed. Then, look at the testi- mony of Hand, who comes here to swear tie lives of these young men away. I say, @ more thick-headed fellow never before mounted a witness stand. His mind was made up, and he was as stubborn as a_ bull in astall. He would make the most ab- aurl statements imaginable and stick to them throngh thick and thin. I come now to deal with two beauties—two villianons. rascally policemen—fellows that stood by like bull dogs and saw poor Kilboy—a man whose wife and family we have now to sup-

ort—strangled to death within four eet of them. These fellows—Brad. lez and his twin-brother Shea—stood

there at the post mortem examination @ that poor unfortunate man—stood up as brazen as brass aud answered the questions put to them as unconcerned and hardened as if he who strangled himself through their aogiect, under their nose, was a beast of the field. If I had been at that inquest I would ask Shea ‘What c.used the marks on tne breast of that man,” and similar ques

tions, and insist upon answers. True, Shea had one of the Councillors up for libel, be- because that gentlemen, while in the dis- charge of his duty enquiring into the cause of Kilboy’s death, made a charge against Shea. ‘The trial took place before this Court, and what was he awarded as the true value of his character? What! but the small sum of eighteen pence. Gentle- men, are we to be asked to expect simple justice at the hands of such men as those. Emily Byers presuines to identify James Millner. I knew what that little vixen wvuld state when she would com: into court. I asked her if she knew James Millner. ‘‘O yes, sir.” if she knew Dave Inglis? ‘‘O yes, sir.” If she knew Rose Chiverie? ‘‘O yes, sir; she lives down at Shepherd’s.” She knew every- body. I asked her how she knew Millner, or where she saw him? ‘0, sir, | saw him while I was shaking carpets for Mrs. Burris.

Now, we have bronght Mrs. Barris herve.

You have heard her evidence. She awears that there are twenty-seven yards of carpet in her parlur, and that Emily Byers never shook a corner of it.

Now, that woman must have greatly falsi- fied herself, or else there is not one scintiila of truth in Emily Byers’ statement. Which ate we to believe? The Attorney General mie a very strong point, when Mr. Mill.

ne* was examined regarding Emily Byers asxing ‘‘ Which of the persons was Mill- ner!’ when he suggested that the defence treated the witness as if she was paid to come and give evidence against the prisoners.

Now, I will venture to say that, for twenty- five cents a piece, I could got as many wit- nesses as 1 wanted out of the Bog who would come up here and, on oath, answer any question [ put to them. Lam very sorry to see the Attorney General and the junior Counsel assvciated with them. I will now refer you, gentlemen, to an im- portant piece of testimony, t. ¢., regarding the time the murder was committed. Dr. Hobkirk swears that the shots were fired ebout half-past nine, and at twenty minutes to ten they went to his house and told him to goover to the Bog—that the boy was shot. Coupling that with Hughes’ testi- mony, who says that he left his house at half-past nine, and when he arrived at Ryan's corner—a short distance from his own house—the shots were fired. These facts go to show that the fatal shot was fired nearer half-past nine than twenty mivutes toten. What doos Mr. John Higgins say ? He says, gentlemen, that the prisoner Johnston came home that night at half-past nine. | have no doubt the Attorney Gen- eral, in view of this, will say that he may have tired the fatal shot, and then, like the trained blood-thirsty villian, drove to the house immediately to escape detection. But Mr. Higgins goes further; he tells you that there was nothing extraordinary or noticeable in his appearance; that he was

dressed in dark clothes, and that his father sent him to the Post Office shortly after he came in He

went. Gentlemen, is this the way a @ murderer would act? Do you think, if he had the misfortune to shoot that mulatio

boy, that he would appear so calm and ‘collected before, and submissive to, his ‘fate? No. gentlemen; he fulfills his fa- ‘ther’s errand ; returns home ana goes calin- ‘ly, quietly, to his bed. Mr. Higgins tells lyou further that he was a model young linan. If he was, and if he committed this lmurder, think you that he would conceal it Ifrom his father. No! He would go to hin land throw his arus around his neck and say, ‘Father, 1 have sinned against theaven ! I have murdered that boy! _ What

But dves he do this? On the

| Shall I do?’ he gees to seek consvlation and

jcontrary; He | contentment from two villianous (f can cal them nothing else) policemen who were alto- gether strangers to him. Gentlemen, I ask you again 1s this the way things ate done, aiter cold blooded murders are commit. ed. Ithink not. I now throw Mr. Higgins evidence aside, and bring you—-not the out- scourings of the bog, the brothels, the wants and strays ef the city—but tie daughter of the bone and sinew of the country—the daughters of our most respectable mechanics. Lhey were acquainted with youns Johnston. _ They met him at a moonlight excursion, aud, if they would not make his acquaintance, they must have been queer young girls. 1 want to know {if the evidence of these fine aud virtuous young ladies wili not be taken in preference t» that of Mary Brown with her black child, Mary Eilen Byers with her white one, Lilly iityan or Emily Byers. ‘hey, one and all, sweat positively that they saw Johnston ou Prince street at the time the murder was com- mitted. Gentlemen, this Johnston must be a queer fellow if he could be in the bog and ap- pear at Higzins on Prince Street the same time. (Council here quotes extensively from the evidence of these young ladies in question, and resumed) :-——There mast be somethin, rascally in the mind of the Attorney-Ueneral, ic he cav shake our case in the face of this tes timony, which is, in itself, a clear alwi. I would like to know what argument he is go- ig to pursue in order to revut it, He may ye ungenerous enough to say that 1s a con- socted story. He may say taat the murder was committed at the time his father sent lim to the Pust Utfice, bat wasut these young lidies on their way to the Post Ottice, anu did chey not see Johnston standing at Higyius’ as they passed to aud fromit, Hie may say there evidence was shaken in the cross-exaimluation. We admit it was in some weak points, but in che most essential points, the Crown oificers could not a'tempt to shake if. ‘There was a little capital made about the time the mail iérived; the closing of the Post Uftice, ete. but if we confine ourselves to these points, we are off the track entirely. The question is: Vas the illuminated town clock wrong or was it right when these young ladies looked at it ifter passing through the square. ‘his is what vou have to confine yourselves to, and h y were not shaken in their te.t.m ny re- go dngit. Dont think for a moment that these young ladies came in to this court with a concocted story—a perjury on their lips Ah ! gentlemen, be charitable, and don’t draw any comparison between these intelligent young ladies and the poor, miserable, anu il- iiterate creatures from the bog. It may be held that these men committed the murder, and immediately rushed from the scene to screen themselves. This is not the case. Ii they did commit the marder, what would you find them doing? Don't yon think they would rush to all the public places aud call all the atter tion they possibly could, with the idea of proving an alibi. ‘That is the way the trained villain would perpetrate a crime. I wili con vince you before leaving that pannel that there is not one item of suspicion against these men. Robert Rodd, who is well acquainted with James Millner, comes here and swear: that he saw him standing at Rielly’s old cor uer, between ten o’clock and ten miautes past ten. Hespoke to him. He did not see any unusual difference in his appearance, and he said ** hello Roddy.” The prisoner in the dock has his mouth closed. If he was on the stand he might render an account of his whereabouts that night. He does not remem- ber what time he put his horsein. There was nothing occured by which he sould mark the time, and he did not hear of the murder till the next morning. Che Attocasy Geaaral muy siy t» you that these young women who gave evidence here— and so clearly proved an alibi, as far as Johns- ton was concernel—were mistaken in the evening they saw Johnston. I say they are aot mistaken, because they swear positively shat they saw the account of the murder in che papers next morning; that they heard ‘ohnston’s name was mixed up in it; and saat they remarked ‘‘it was not Johnston, be-

sel to which he had been sent t) look after his father’s business. He is ftullowed by a blood- thirsty wretch who bad been arraigned on charge of marder in Liverpool a feilow who he sent to buy some cigars, and who gets drunk on the money whica the prisoner gives him to bay them. On the way to the station he turns tu this miscreant aud _ says, “You made a biz thing of seiling my iife.”’ He goes to the Court anu lays down tu rest his weary head, wiile there. thoughts 0! Lome i vade his m.nd, and he says, ** Ui, my mother, I would notcare sv much but tor you. His f.ther enters the Court and says to tne boy, ‘*What have you been saying * © and the poor boy rises, as if out of a dream, and re- plies, **{ don’t know what 1 have been say- inv.’ He did not, gentlemen. ire evidence proves he did not. What he said was pure | nag Maation. Now, gentlemen, 1u conciusion, ‘let me ask you ty show by your verdict which side of the evidence you believe. Bring in your verdict, and let it be published in Yar- mouth, and from Yarmouth to Ottawa —from east to west--whether or not you are going to send those young men to the gallows on the evidence of the thieves, prostitutes and off- scourings of the Bog; or whether you are going to believe or disbelieve the oaths of the daughters of our most respected citizens. The issue is now between the two. Those virtu- ous and undefiled young women on one hand ; and the thieves and prostitutes on the other.

Now, gentlemen, 1 will leave you to retire to your room, and, while tiere, I earnestly pray that God will direct aud enable you to return a verdict of justice anu righteousness to ny clients.

The Attorney General's Address.

GENTLEMEN oF TEE Jury—It now be- comes my duty to address you on behalf of the Crown regarding the evidence which has been sworn to in this case. The prisoners have been charged with the murder of George Kelly, on the 14th of August last; but it is competent for you to bring ina verdict of murder or manslauguter. Mur- der is defined as killing with malice pre- pense one of Her Majesty’s subjects. The law says that if a man under strong provo cation has his passions so roused tliat he, for the time, does not really know what he is doing, and suddenly kills another, the crime is manslaughter. The question for you to consider in this case is whether, in the first place, the prisoners at the bar are the persons who committed the deed, and then to decide whether the crime was that most terrible one—murder, or the lesser crime— manslaughter. It rests entirely with you to consider was there such provucation that this crime was commited in a moment oi anger—when the prisoners had lost control of themselves. I will read the following extract from an address by Judge Harmen, of England, to define the difference between murder and manslaughter :—

“Now, murder is killing with malice afore- thought; but though the malice may be har- bored for along time for the gratification of a cherished revenge; it may, on the other hand, be generated in a man’s mind, according to the character of that mind, in a short space of time ; aud therefore it becomes the duty of the jury in each case to distinguish whether such motive had arisen in the mind of the prisoner. and whether it was for the gratifica- tion of such malice he committed the fatal act. But the law. having regard to the infirmity of mau’s nature, admits evidence of such provoca- tion as is calculated to throw a man’s mind off its balance—so as to show he committed the ict while under the influence of temporary excitement, and thus to negative the malice which is of the essence of the crime of murder. it must not be a ight provocation—it must be a grave provocation ; and, undoubtedly a blow is regarded by the law as such a grave provoca- tion ; and supposing a deadly stroke inflicted vromptly upon such provocation, a jury would be justified in regarding the crime as reduced to manslaughter. But if such a period of time has elapsed as would be sutlicient to enable the mind to recover its balance and it appears that the fatal blow has been struck in the pursuit of revenge, then the crime will be maurder.”

I have read this to you as it very clearly defines the ditference between the two

crimes. Now, if you decide that those two persons, or either of them, fired

the shots wien Kelly was killed, then you have to consider Whether he received sufli- cient provocation to enable you to bring in averdict of manslaughter. It has been

sause they saw him that night.” In face of such strong testimony as this, what argument :un the Crown have for conviction. Is she ing to hang thes men on the conflicting statements of ;rostitutes? No! She w shes to hang no man oa tae evidence of the brote Is of the town and the outscourings of the West Bog. I will now direct your attention to the wagon. Iam very glad it has been brought into Court. Marshal Flynn says that, in the axecution of his duty, he went forward with un old piece of tallow candle and a broken rule, to measure its tracks. He got down on. his knees, with the candie in one hand and the rule in the other. He then placed the rule at the outside, and from outside to out- side he fonnd the distance to be four feet ten inches. He afterwards put two men in the wagon and measured it again, and found it to be four feet, nine and three-quarter inches, Now, we had an accurate measurement of the! wagon in Court, an:t what do we find the real measurement to be? Mr. Johnston, who is a leading mechanic, testilies that the wagon varies from four feet tive to four feet, seven and a half inches. Marshal Flynn also tells us that the fore wheels and hind wheels makes one exactly simultaneous track- N ow, in measuring them, we fird that the fore wheels vary from one inch to one inch anda ‘half more than the hind. Now, if this is cor- rect—and correct it is—what weightcan you at- ‘tach to the evidence of the Marshal when he ‘makes such statements. The Marshal aiso measured the horses feet. He tells you he did it for curiosity. He paid no attention to that because he found they did not correspond with the tracks in the bog. Nothing could be made out of them. So no attention—mark you— was paid to them. Now, gentlemen, I will re- turn tothe confessions. When I asked this guardian what Johnston said, he repeated to me that he said ‘‘I am sorry for what I did.’ He puts the stress on the ‘“‘J”—the police- man'sturn. He might have said, “i em sorry for what has been done.” But no, this spotless Ixmb from the fold| ‘coul:t not remember that, because, gentlemen, | I suppose, it was not strong enough —it woulu not connect. The poor boy was hunted down

by the officers, arrested at the dead hour of: the night, among strangers, on board of a ves-!

argued by the counsel for the prisoners that no stone was thrown, but to my mind the evidence is clear that a stone Was throWn. Now, if a stone was thrown and struck oue of the parties, and, under the provocation, he had fired the shot, it would be for you to consider whether that would be sufti- cient provocation to enable you to bring in a verdict of manslanghter. I shajl now address myself to the facts of the case to see Whether the Crown has brought home the guilt to these persons. I shall deal with the evidence as calmly and quietly as my nature will permit me. I should never forgive myself if I allowed myself to use

ave the evidence = eral times. We have evidence that this wagon Was near the scene of the murder, and the evidence of one witness who says ‘she identified the prisoner Millner. lwe have the evidence of Hand, who gaid he ‘believed it was Millner’s horse from the igait, aud @ subsequent wit Larte« : igaid he also knew Millners horse by his gait. ’ ithe gait of the horse, but a person may know a horse by his peculiar gait, and yet not be able te explain how he does so. There is the evidence of Bolger, who closed the stable door at Miilner’s before he went to bed, that at that time the horse was not in. It was proved that Johuston reached his boarding-house betweea hali-past mine and ten o’clock. Mullner was seen stand- ing on Prince Street a little after ten o'clock, after he had time to put up the herse and walk out. If the case rested here, there might be some doubt about the guilt of the prisoners, but there is also the confessions of those two prisoners, and out of their own mouths their guilt will be proved. We will now try to follow Millner the whole evening. First, Curran was sent to borrow a wagon, and Strain proves to the lending of the wagon and also to after- wards seeing Millner driving in it. Larter inet Miliner the same evening ; he spoke to him, and Millner answered him. Mitchell met him, and Flood also saw him driving on Pownal Street, with a ‘‘bueco” cap on. On every point of vital importance the wit- nesses agree, and only on immaterial points do they vary, and not more than a number of witnesses usnally do. There never was half a dozen witnesses called up to give an account of a riot or a murder where small discrepancies im their evidence did not exist. if, as has been suggested, a conspiracy had been formed to swear away the lives of those persons, then all the witnesses would agree in every par- ticular. My learned friend dilated at some length on the fact that this one and that one did not see Emily Byors on the back of the wayon, but it was When the wagon was first coming up, and before it reached the place where several of the witnesses were, that this little girl hung on to the back cf it ; it was between Byers’ house and Hob- kirk’s cornor, and those persons could not see her. She saysshe knew James Millner; ashe saw him passing through the gangway when she was shaking euwpets fer Mrr, Burris. It was proved that she had been shaking mats there every week, and it was not unreasonable that she should see him, so that her story is inherently probable. Mary Ann Brown and Lily Ryan cor- roborate her statement about hanging on to the wagon. A great deal has been said about this witness—Mary Ann Brown. She is an unfortunate girl, but it does not fol- low that because she is unfortunate, that she is a perjurer. Many a girl has fallen

withcss

from her high estate, but let us be just and honest, aud not make them out worse than

they really are. [The remaining portion of the Attorney General’s address will appear to-morrow. |

THE MURDER CASE—VERDICT NOT GUILTY. Fes. 6, 1879.

Many remained in the Court-room, an- ticipating a verdict, till a late hour last night. Shortly after ten o’clock this morn- ing the jury came down. Judge Hensley took his seat upon the bench. The mo- ment was one of intense excitement. After the words ‘‘ Nor Gumtty” were uttered the feeling found vent in applause. The ap- plause was promptly checked. On motion of Mr. Hodgson the prisoners were dis- charged.

THE FORGERY CASE.

The Queen at the prosecution of the Union Bank vs. Charles Horriel and James Crosby. Indictment for forgery. Prisoners ar- raigned. Plead not guilty. Will be ready for trial on Monday. é

ALLEY VS. DUCHIEMAN.

Action for suppression of an alleged nui sance. For the plaintiff, Palmer & Mc- Leod and F. Peters, for the defendants, E. J. Hodgson, E. Bayfield and W. A. Morson.

SPECIAL JURY.

George Wright, foreman; Ewen Mce- Millan, Jehn Crosby, Benjamin Wright, David Ross, Alex McMillan, Gev. Dixon, Peter Bourke, Duncan Kennedy, Hugh Finlay, Edwin Coffin, Francis McQuaid. :

one adjective stronger than should be used against the prisoners; but [ must remember that [have a duty to discharge, and I would be unworthy of the position which I

hold, if I failed in performing it.

On the 14th of Angust last, there can be no doubt that a murder Was committed be- tween half-past nine and ten minutes to ten |

ocluock. it Was no ordinary crime. } In a bright movunlight vight, |

en a public street a boy was shot. | We cannot wonder at the concourse of people who havt assembled in this Court- | room day after day to watch the progress of this case. When a man isshot down in the | highway, it is the duty of the officers of the | law to use every means to bring the per- petrators of the crime to justice, to not omit calling any witness who can throw any | light upon it; and then, having bronght for- ward all the evidence, to leave the “matter in the handsof the jury. There is no doubt | abont the murder. The next question is, | Who committed it? We mast limit our in- | quiries to the prisoners at the bar. Where were they that night?) We have it estab- lished that Millner was ont driving that night with his small black horse and a wag-. on borrowed from Stumbles. We have him first driving with a man named.Curran, and afterwards with the prisoner J ohnston. It is not denied that Millner and Johnston were out driving together that night; we

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