——

en ements

Estate are hereby req

_—

“HE

LAMINER.

“y ( Fi 4,

a a + te nee

CHARLOTTETOWN. PRINCE EDWARD ISLAND, THURSDAY, FEBRUARY 6, 1879, NO. SIL.

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PRINCE EDWARD ISLAND RAILWAY.

TIME TABLE NO. Il.

Winter Arrangement,

ON AND AFTER

MONDAY, DECEMBER oth, 1973.

rm

Trains Going West.

ee

STATIONS. No, 1. No.3 __| Express. | Mixed. Georgetown ss | Dp 8.10 am Cardigan “oa * neo J jjar 9.50 “ | M.Stew’t Jun dp10.05 * | Royalty Jun. | 11.20 + | Oita |“. Ch'town dp 8.00 ain) Dp 3.30 pm Royalty Jun. * ae | 350 * N. Wiltshire be gig) 445 Hunter River 1“Gae* |“ aoe * Breadalbane | “aan: |“ oe * County Line ae 1 oe Kensington 55.00 ** | ** 6.30 ** ; ‘de { lar 11.30 “jae 7.60" Summerside } |dp 2.40 pm Wellington “ia. Port Hill ‘oo 0’ Leary «e a se ar 6.35 ‘* Alberton ap 640 Tignish lar 7.25 ** ‘Trains Going East. STATIONS. No. 2 No. 4 Express. | Mixed. Tiguish Up i. UV am, Alberton ‘* 7.45 c O Leary ** 8.47 Port Hill aaah : Wellington “10.48 ** ae ar 11.40 “ Summerside \dp 2.30pm) Dp 8.45 am Kensington ** 3.00 “| 9.15 r County Line eo. 1 Soy Breadaibane + 3.50 ** | $410.06 °° Hunter liver 6 4.28 “| *20,.47 * N. Wiltshire ? eo etties " alty Jun. “5 4p-** | “LLG °* re ar 6.00 * jari2.15 pm Ch town dp 2.55 “ Royalty Jun. “ BAG *° — a 4.30 * Mt. Stewart lap 4.40 “ Cardigan ** 6.00 * Georgetown lar 6.25 *

SOURIS BRANCH.

Going West.

a

Going East.

No.5 No.6

STATIONS. | Mixed. ||STATIONS.| Mixed. ea ae A. M. P.M Souris Dp 7.06 MtS tw'tJnel Dp 4.40 Harmony ** 7,23'| Morell Sa St. Peters ‘* §,42'|St. Peters “© 5.54 Morell «© 9.13i|Harmony | “ 7.12 Mt S’tw’t Jnc| ar 9.55(|Souris ar 7.35

WM. McKECHNIFE,

c. J. BRYDGES, Supt. PLEO IR

Gen. Sup. Gov. Railways Ch’town, Dec. 27, 1878. ; ; p ne arh pres kea sp sj ap 6i

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* Oh’'town, Jan. Sth, 1879-—-2w 2aw

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une, 1877—

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“THE SNAMORADO ” |

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SUPREME COURT.

* y + * ina Murder Caze.

ee

ym Che

ep. 4, 1379. MR. DAVIES’ ADDXESS (CONCLUDED. )

My learned friends, in trying to save their clients, must not destroy the characters of every one else, and allow their clients to walk out of the dock over the ruined characters of all the witnesses. While the same amount of importance is not to be attached to the evi- dence of Mary Ann Brown as would be to that of a person respectably brougbt up and reli- giously educated; yet we have nothing tv show that she committed per,ury. I could not justify the sweeping denunciation of all the people of the Bog. Their evlor may not be so wiute as that of some other persons; but if we believe the Scriptures, they all belong to the same great brotherhood as ourselves—‘‘tiod | has made of one blood aj! nations that dwell on the face of the earth.” We have the evi- dence of Emily Byers, and there is not one wor against her chastity or her honesty. She has been brought up under christian influences, capable of reading and writing—a shrewd, keen, sensible girl. Nothing has transpired regarding her character or history which would justify you in branding her as a per- jurer. “There are good and bad _ people in the Bog as well as anywhere else. The base passions of humanity are not confined to poor people or to black people. Say those witnesses are mistaken, if you will, if you can start some theory by which you cau become convinced of the inno- cence of those boys and let them clear, in Heaven’s name do it. If all the money in the Treasury could have brought a witness here that would clear those boys, 1 am the man that would have brought him. The father of one of them has been one of my best friends, and were it possible to spare him this sorrow and trouble, { should rejoice to do so. It is a sad picture to see two young men charged with so serious a crime, and there is no man but must feel for their friends; but, if we allow our feelings to sway us, trial by jury would be a farce, the Attorney General's office a sinecure and the Judge’s position a mockery. That little girl said she hung on the back of the wagon and James Millner tapped her on the head. Ifthe whole case rested on her evi- dence, the Jury would hesitate before they would convict the prisoners; but it is only one piece of evidence which I wish the Jury to keepin mind. This evidence was attempt- ed to be broken down by the evidence of Mra. Burris, who swears that she never shook a carpet for her. No person supposes tat the child shook twenty-six yards of carpet ; it was

evidently mats she meant. There was no reason why this little irl should swear falsely against Millner. One of the

counsel spoke of the ineradicable hatred those

and had no regard for their oath, why did they not come into Court and say they iden- titied the wagon and the persous, and the simple fact that they refrained from identify- ing them, shows that they only wanted to tell the truth, But Mra. Burris says that child said she wished to swear against Millner, but she says she paid no attention to this state- ment until she read that Emily Byers had made this statement in Court. She says she never spoke about it toanyone. But if that was true, how could Mr. Palmer in his cross- examination of Emily Byers tax her with having said it? The little girl says she told Mrs, Burris that she was not the judge or jury, and she did not want to tell her any- thing. Itwasa question put to Lilly Ryan before the Grand Jury which brought up the name of Emily Byers, and then she was sent for. It would take a great deal of other evi- dence to convince me that that child was not teiling the truth. The importance of that statement was realized, and an attempt made tv show that she was wrong, that she did not kuow James Millner. I would not say one word against George Millner. His sym- pathies are for his brother. He was sitting in the front seat, and, when the prist ners came in, he heard or thought he heard Emily Byers ask, ‘‘Was that Jimamy Millner?” I asked him and he did not know Emily Byers at that time, and he never turned his head to see and he could not recognize the voice be- cause he did not know her. He merely made a mistake in the person. It was Mary Ann Ryan asked the question of Emily Byers, and Emily asked the question of the other. The evidence of Emily Byers therefore stands un. impeached. There are some discrepancies with rezard to thelength of time the wagon stopped; but time is one of the things on which you can never get witnesses to agree. These discrep ancies are not material. It is all the same whether the wagon was there ten minntes or half an hour. The discrepancies are only such as will occur where several witnesses are ex- amined. But the niain facts are related with much minuteness. Lf tliose parties had any spite against the prisoners all they had to do was to identify them. Bat that they did not, proves that those people, instead of being against them, have their sympathies enlisted in their favor. We find that Cusack was com- ing from the pump with water and one of the men in the wason spoke to him and he an- swered; and we have Millner’s confession. John Hughes was going to the Post Oftlice to et his letters, and he tells you that the wagon he saw was a snug square one wiih a little space behind, which answers to the description of the wag- ,onin Court. Several swear to the expressions ‘made use of by the men in the wagon after ithe shots were fired, while others say they ‘heard none. This is easily accounted for, as (a number of those persons had their attention 'taken up with the boy that was shot, and therefore would not hear anything that was said a little distancefromthem. John Hughes could not tell the words, lut heard somethi said. Those persons who fired that shot must have been animated by malice—it may have been an ungovernable temper,-—but, whether it was or not, the man who deliberately fired three shots must have been governed by malice of the worst kind. Every witness agrees that one of the men had on a felt hat, and the other a ‘‘bucco” cap. There was no roof that Millner had not a light coat with

J, W. MITCHELL, | W. L- COPPON, Manager, |

Office Sup't.

im in the wagon, which he might have worn

people had against him, but if they had this,’

part of the time. Pat Hand has always been considered an honest, respectable man, and his evidence shonid be taken. He said he thonght it was Millner’s horse. But it is said that he goes to the country in pursuit of a horse and wagon. ‘There is nothing incon- sistent ia that. The Marshal sends McGon- nel and Keating to Millner’s, and employs Hand to drive two more to the country. What object could Hand have in coming here to swear away a man’s life? McGonnell and Keating saw the wagon in Millner’s yard, and saw that it turned in from the eastward. I will show directly how it got there. Mr. Higgins saw those two young men driving to- gether. He proves that Johnston had a re- volver; and, on the night of the murder, Johnston came home between half-past nine and ten, and after that his fsthor sent him to the Post Office. This will be material when I come to deal with the alibi which has been set up. Now, where is that revolver. Mr. Johnston is cdiled and says he took it away with the intention of concealing it. If the re- volver had been produced it might have been material evidence. If Keating is to be be. lieved, he says when he asked Millner if the wagon was out that, that he answered ‘‘No;” —that only the express wagon had been out that evening, and as it was proved that this wagon was out, Millmer must have had some object in telling that lie. The next we come to is the free and open confession of the prisoners themselves, which places the case beyond doubt. Voluntary con- fessions of crime made out of a Court of Law, is one ot the strongest evidences against aman; for no man would make a confession against himself unless it was true.

Russell on Crimes (Vol. 3, page 365) saya :— ‘‘A free and voluntary confession .of guilt made by a prisoner, whether in the course of conversation with private individuals or under examination before a Magistrate, is admissible in evidence as the highest and most satisfaec- tory proof, because it is fairly presumed that no man would make such a confession against himself if the facts confessed were not true. And the highest authorities have now estab- lished that a confession, if duly. made,.and aat- isfactorily proved, is sufficient alone to war- rant a conviction, without any corroborating evidence aluinde.*

Again, Taylor on Evidence (Vol. 1, pp. 724-725) says :—‘‘Still, the actual instances of false confessions of crime are very rare, and their just value has been happily gtated by one of the most accomplished of modern jurists. ‘Whilst such anomalous cases,’ says the writer, ‘ought to render courts and juries at all times extremely watchfal of every fact attendant on confessions of guilt, the cases should never be involved, or so urged by the accused’s counsel, as to invalidate indiscriminately all confes. sions put to the jury, thus repudiatiug those salutary distinctions which the Court, in the judicious exercise of its duty, shall be enabled tomake. Such an use of these anomalies, which should be regarded as mere exceptions, and which should speak only in the voice of warning, is no less unprofessional than impol- itic; and should be regarded as offensive to the intelligence both of court and jury.’

“Indeed, all reflecting men are now gener- ally agreed, that deliberate and voluntary con. Fessions of guilt, if cleariy proved, are among the most effectual proofs in the law; their value depending on the sound presumption that a rational beimg will not make admissions prejudical to his interest and safety, unless when urged by the promptings of truth and conscience. Snech confessions, therefore, so made by a prisoner to any person, ‘at any time, and in any place, are at common law receivable in cvidhénitsn while: the degree of credit due to them must be estimated by the jury aceording to the particular circumstances of each case.”

Johnston's father sent himto the schooner next morning, but the officers could not see him there during the day; and at twelve o'clock at night he was found hidden in the hold. ‘The Marshal told him he arrested him forthe murder; and does he then declare his innocence and say he was, at that time, talk- ing to those young girls on Prince Street ? No; he said ‘‘I suppose [ will have to suffer for what I have done.” Is it to be sup that Flynn and Shea coined this story? We have no right to throw aside the evidence of a man, because that man has been drunk once in his life. Marshal Flynn asked Johnston where his revolver was, and he replied either ‘“*T gave it to my father” or “‘my father has it.” That tallies with the fact that Mr. John- ston concealed the revolver. Johnston then said to McKinnon, ‘‘ you have madea goad thing of selling my life.” 1f you believe this evidence, how can you dovbt that he was the man who fired the shot. Johnston confessed that three shots were fired with no intention of doing harm. How did he know how many shots were fired unless he was there? There was nothing read here to show that any of the witnesses contradicted what they said in the lower Court.

Mr. Hopeson said Shea’s evidence was di- rectly contrary to what he gave in the lower Court.

Mr. Daviss said if there was any difference it should have been pointed out.

Mk. PALMER said Shea stated in his deposi- tion that he said “it was foolish firing shots in the street, aud he swore here that he did le 1 Say it.

Mr. Davits said Shea declared he did not remember making use of the words. There was no contradiction. He does not deviate in his account of the confession which Johns- ton made. McKinnon says Millner said it would be all right if Cusack held his tongue— he only spoke to Cusack. Now, the person who fired the shot did speak to Cusack ; and why did Millner introduce Cusack’s name unless he was there. Are we toe disbelieve McKinnon. He was to have been been contradicted by Mra. Wares, but her evi- dence proved that it was she. who said to Mc- Kinnon ‘‘if Johnston had been as cute as Millner it would have been all right,” and not McKinnon who used the expression, . They have attempted to prove an ‘alibi, but they have failed. 1 would not attack the cl arac- ter of those young girls, but ont of ther own mouths I will show they were either mistaken in the day or in the time. Miss Scott siys they all agreed upon the time before trey came into Court. She says that they esme around Hobbs’ corner, and when they got past