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THE

TH TOPLIN TRAGADY,

Millman in The Dock.

CLOSING EVIDENCE.

HODGSON’S

=31 THE

Mr.

SPEECH.

cxeemanmeagnem : * . A Spiendid Effort. mamma Tucrspay, Feb. 2.

Mus. Bexyawis Barenxton (sworn)—Ex. amined by th ittorney General. I live at Burlington, Lot 18. [remember the n ght of the 23ih Jun I know Alexander Thompson. He lives at M ip que. lie was at my pla e on Tluesda pisht. He arrived fier dark H.s daazgater was wih him My sou James Waitin the hous vs) Alwe Bryen top, bileu Bryento aud Wiliam Bryencton. James was howe daring the whole night. Tam posi iv that. ‘Lhoupson appeared in @ hurry \iv son was there when i howp30a bette : It was twenty minutes after nine when Thompson fr We had beth a clock aud a wat 1 in the house He was there about twenty minuuaies foompson came for c ibbase pia a. He wot them, and told me he par for tac; Dut when I Looked L found that he hal viven me five cevis and two ceots instead vi s Xtcen cents ‘ivy son took off his boo!s. Thotipsea was the.e when he took them olf,

‘

ress -@X4 nined oy af. H nize m.—It Was about vine o'clock waen Thompson came. He Weul away Without sceing my hasna od. He got te xboxge plauts. He came out

im t gardea with me whie I pulled tue plints It was a movalight nigh, but | eumiel tue lighted lamp aud Piic b> h I aad te order that I tise pick tae odes. His d-ugiter was in the house while we were in tue g den. I 1 .oked at the Wa Ri Clock ate fhompsen came My hus ant vas at Hillmao’s Guat night. I heard

the I .shtewo ecaurca bell rng tact evening. I cianot say Wast time it was woen the bell rang, «4 i was after the cows, and di! not hive a wash wich me. The sua had uot se. whea Th mpson cume. The lamp was lit.

E.Lex Bavenron (sworn)—Examined by the Attorney Gearral. I amadaug_ter of the

viens witness. I remember the 28h June oe i know Alexander Thompson. He and his daugiter were at our house on that night. They cawe after cabbage plints. My brother James was ia the house while Thompson was there. He did uot gv out after Thompson wen’.

{Mr. MeKinlay waa here recalled and gave gone siditioua! partica’ars relative to the scaie of the inip, distances, ete. |

A good deal of discussion here took place about the measaring of the prisoner's boots. Jarymin Frizaze was directed to take the measurement of the boots (gsiters) and the bare foot. The bare fuot wita sock on was shown to be 10} inches; the bovt i inches.

Que of the jucors asked Constable McKay te measure the width of the boot the pr‘soner wore. ~It measured within an eighth and a quarter of the track in the sand,

MR. HODGSONS ADDRESS.

At 11.45 Mr. Hodgson began his address to the jury, a full report of which will appear to-morrow. He commenced by impressing upon them the great obligation of their oath, and the fret that they stood between the prisener and his hfe ; in them was vested the right of sayiug whether the prisoner should live or whether he sheuld die. They should not allow any impiessions they may have hitherto formed to come between them and their verdict ; they should. govern themselves by the evidence taken in Court, and that only. He had no iault to find with the manner ia which the prosecution had been conducted,and had every couiidence in the gentlemen com- posing the jury. Ifthe chain of circumstan- tial evidence adduced was weak in any of its links, then the jury must acquit the prisoner. If they, by their verdict, were the means of hanging an innocent man, a fearful responsi- bility would rest upm their savulders. If they sent a man to the galluws, and he inno- cent, they could not again restore him to his parents. I was their duty to look carefully into the evideuce and see if there was not a possibility of

THE PRISONER $Y INNOCENCE. If there was a doubt about the matter in their minis they should give the prisoner the benefit of the doubt. The weakest link must be s rong enough to complete the whole chain. Ii seversl wi nesses swear he was at one c-r‘ain place on ths night of the murder, aud oue who vever saw him to know him swears he was at another place, then a doubt arises. There will be no dispate aa to tie law Trvere mus be a certainty to the excin:ion of a doabt. Before you have the prisoner hanged you must have no doubt as to his guilt. Afier a few further remarks he a3k Jd for an adjoura nent until the afternoon, when he would further consider the case.

(Cae Courtroom was througed during the proceedings, among those present being several wliee, During the recital the prisover sobbeu several times.)

AFTERNOON SESSION.

Mr. Hedgsm resumed his address at 2 9 clock He ssid it was not his intention to go no» the whole uf the cause. He would not q vestion the evid nee taken about tne meeting at [rishtown, the buat ciossing the river, or the boys driving the cows home. In this case time is of the yreat: st importance, and we mu-texanine into it cl sely. We have no rught lo assame tha, a certain witch or clock was rigut or wrong. The li tle girl Adama’ tescimony 1s very important. She said if was between six and seven o'clock when the buat with the man in it crossed the river. Joseph Duvison says it was between half-past six ani half-past seven when the beat ¢erossed. He corrovorates the evidence of the Adams girl. He says he went up tothe new house, stayed there upwards of an hour, watched the horse being tackled, and gut home before dark. Paul Tromps ra says he also saw a boet about half past six, Who was in that boat, who bad the ferns aroand his neck, and the hind kerechief up to his fae? The Crown says he was che man Who dit the dee. They must prove that William Millman was the man who did the terrible deed. We have the evidence of the mother aud relatives of the prisqver, The parents agree that when they left the house fer. the church meeting, they

LEFT THE PRISONER AT HOME behind them. Their story was plain’ and simple, and told in an honest, straightforward manner, which carried conviction upon its face. We find that after they leit, the bey remained in the houso for some ten minutes, when he, in bis shirt sleeves, went down to bathe. The Crown put witnesses on the stan! who prove thatthe boat with the main in itersssed the river at balf-past six, » defzace proves that the prisoner was at bia bone forty minutes after that hour. Anoth ‘yp vtant point it, whendid Mary luplia leave the house? At the preliminary ex ae atl swore it was about half-past

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stand here he said he did not knaw the hour when she left the hotse. We will prove beyond a doubt that she leftafter nineo clock. Tuplif says he left the house twenty rainutes after his daughter left. He went to Profits to see if Mary was there. Profit says he got there about half-past nine. Tuplin said it would take him about five minutes to get there. THIS FIXES THE TIME

of Mary's leaving the house some five or ten minutes after nine. According to McKinlay’s testimony, the girl had to go down the Mud Road, jumping across seven fences ; the murder had to Me committed, the stone and rope tied about the body, the boat had to be poled to where the body was found, and the prisoner had to go home across the fields—all this had to be done within an hour. his is a draught upon credulity which no reasonable man can swallow. Then there is the poor manner ‘in which the girl was dressed when she is alleged to have gone with Millman, It is not usual for girls when they go te see young men to attire themselves in their poorest clothes. On the contrary, they veverally dress in their best clothing. An- other circumstance which puzzled him was tie alleyed fact that Millman went to Tuplin’s

If the alleged a9 ey con. place then, it did not look young man not to

nouce but once. nection & ok

reasouable for the return and sve the girl

the Millmans got home from meeting. When they got home from the meeting that night the mother went into her room, changed her clothing, and on coming out siw William there, looking as uolike a wmuiderer as it was possible for any mao to wok. Tfihe had bicod upen his soul the yuung man would never have gone home, taken his boots off, and bidding his father youd-night, gone off peacefully to hed. The Crown has told you the crime was the ACT OF A WEAK MAN. He did not think so. lf Millman did the deed he hid nerves of steel and a constitution of irom, the penance of a murderer commen-es with the moment the crime is committed, The spectre of his victim is before him all the time. He covld not imagine & bey of 19, brought up in the coun- try. bo could’commit such an awful crime, and afew minutes afterwards go home and sleep as innocently asif he had done nothing wrong. It his been said that the motive for the com- mission of the crime was the seduction of the chiid, The evidence of the doctors as to the age of the child showed clearly that Millman was not the father. Before Mary Tuplin went out on THE NIGHT OF THE MURDER

she had Mrs. Slavin'’s baby in her arms, and she handed the baby to _ its mother before she went out. Yet, strange to say, this woman was not produced. They knew her testimony would tend to clear the prisoner, and could have easily produced her. rhis is not treating you fairly. If her evidence would hLe!p the Crown any, they would have had her bere; but as it would tend to exonerate the prisoner she was not brought. This circumstance has struck me very forcibly. We have got the girl leaving at the house a few minutes after nine. She goes down to the river, and no doubt the deed was done there. Now what time was it done? Woodside says he got home fiom the lecture that night at twenty minutes to eleven. He heard a shot fired and also heard ONE PROLONGED SCREAM, He thought it would take him fifteen or twenty minutes to go home—about a mile agd three quarters. Assuming it to be twenty minutes, it makes the time of the firing of the shot twenty minutes after ten. Now there

was no possibility of the prisoner doing the deed and being at hie own home at the time when hie

parents got home from the meeting. Edward Warren says he was outside the house about ten o'clock, just before going to bed, and heard the shots fired. He thought it wasa gun- shot. He heard no cry or scream; while Woodside, who was driving, heard one shot and also ascream. To his mind, the shot Warren heard was not the shot which killed the girl. The one Woodside heard was evidently the one which killed her, as it was accompanied by the scream. When W vodside heard the shots, where was William Millman? He was at the door smoking when his mother* and father got home from the meeting. There was nothing about him to indicate that he had just

COMMITTED A GREAT CRIME,

After setting the bread and telking to her husband a spell, the mother went to bed. After she hau gone to bed her husband heard the clock strike e'even. It is possible that you may have to make up your minds that Mr: and Mrs. Millman and the rest of the family perjured themselves. He believed that rather than swear anything con- trary to the truth they would see their son and brother go to the gallows. If you think these people have dune wrong, and are brand- ed with worse than the mark of Cain on their brow, you will bring in a verdict of guilty. James Somers did not impress him as a tiuth- ful young man. The Crown dealt with him in a_ very delicate manner. He invariably answered before the question was finished. He said ‘:illman had on a brown straw bat; but the brown straw hat which was in the Court at the time was not submitted for his identification. There are four boys mentioned with whom Somers says he hac some couversation, The boys never said any. thing about this conversation in their testi. mony. ‘The boys say they met

THE DISGUISED MAN

on the forks of the Mud Road; and Somers says he met the man on the road between TY plin’s and the Mud Road, before he had met the boys. He had hoped to.have sen the distinguished detective, who was imported from Halifax, on the stand; but he was not pro- duced. The detective had measured the tracks in the sand, and had also measured the prisoner's shoes, but had found the two did not agree. This was why he was not placed on the stand. Now, a few more words abont Somers and his evidence. He says he saw the man on the readside, but did not know him then. A few days later he says he saw Mill- map, and recognized him as the man he saw on the roadside. He could not see how Som- ers could recognize Mi!lman as the man _ he saw on the road, when .he did not see his fxce nor figure on the roadside. Unquestionably Millman did borrow @ pistol from Power, under the circumstances named. Blillman tells me ke got five cartridges, and the Crowa witnesses have told you what he did with the two shots which were fired. He freely ad- mitted that Millman bad asked young Power ta make the statement about his being at Paynier’s line, and woald not etlemps to coa- dove the act. This ect is NOT A¥ ADMISSION OF UIs GUILT.

Look atthe circumstances of the case. It was reported that he had seduced the girl; that he was with heron Sunday night; end it was said he was mixed up in ber disappear- ance; and even atthattime a warraat was out for bis arrest for murder. Millman want- ed Power to make the statement to set sside the reports in circalation as to his cannection with the girl, but it must not be taken as an adimiveion that pc waste murderer of the

h

foul means. In doing this he did wrong, and he (Mr. H.) would vot utter ome word of ex- culpation in his behalf. The poor misguided fellow saw the melancholy face of his mother looking down at him, and when he thought of what would happen her when she heard of what he had doné, he was horr-fied

and save his mother. punish him harshly for doing this; but leok at all the

CIRCUMSTANCES OF THE CASE.

Now, with reference toe the prisoner's state nent that he was coming into town to see me. there was a warrant out for his arrest for murder. He did come to town on the morning of the day the body was found, not to retain me to plead for him on the charge of murder, but to get me to take civil action to vindicate his character. Now, about the foot tracks. McKay proves one track is the girl's. There is no duubt whatever about it. Alongside the track was that of another person, and that person was the girl's murderer. The large track was found to be one inch shorter than Millman’s boot. It is ssid the top of this track is not clearly defined. But how about the width of the track? Millman’s boota are, as hus been ‘shown, almost half an inch wider than the iwidth of this track, Footprints are very important in the detection «f criminals. All

afterwards, | detectives know somethind about footprin*s This conduet he could not at. all understand, | Even .f you went to Haliaxyon migat fu @ Chen there is the statement as to the time/oue wh. kuew a little about them.

the Church! even Millman's naked foot is la

Why, r than the track. ‘The bullets with which the girl was abot have four rings on them, and those in the revolver, on examiuation, will be tound to have but three. Now, gentlemen, I leave my client with you Remember the terrible duty yau have to perform, and may the God above you deal with you and yours as you deal with him.

{The speech, which occupied upwards of about four hours and a half in its delivery, was one of the best forensic efforts ever heard in this city. The prisoner, as well as many of the spectators, was visibly affected.)

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TRAINS FOR THE WEST. |

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STATIONS, No. L No. 3. STATIONS. | No. 2 | No. 4. a. M. P. M. :- ais ee Charlottetown...-...... ap) 715 oa ae dp) 600 Royalt Junction, ..-«-... 7 34 212 I cn as ccssbiake va i 6 55 North Wiltshire......... 817 305 ||Bloomtield ...2222..522222. | 730 Hunter River..e+++++...... 8H 3 20 O’ Leary. igo sete ibs o eecccces 7 MM EEE SEED 9 00 3 57 Port Hill pbtinnhecdéen eeeeee 9 O07 Emerald Junction ........ 9 u9 4 07 Wellington......cee eeaees 9 49 TIN Us, ccctecbcscs cece 9 23 422 Miscouche....... eocces....) WS PIN sk. sos ve ccceces 9 40 445 ar) 1035 ar} 1010 5 2 Summerside.,........ 11 35 A. M. Summerside...... ores P. M. dp} P. M. 6 30 ap} 1240 | Kensington..........<-.--- 12 05 7% Miscouche............--..- 100 | POO ssoccbacsssstecces 12 23 7:8 Wellington..... 1 27 i Emerald Junction........ 12 36 7 43 Port Hill.....:.. 2% i Bradalbane,..,....-.------ 12 46 7 383 ‘Lea 3 22 i Hunter River..........00¢ 115 8 30 Bloomfiieid ..... 3.6... North Wiltshire.......... 1 29 8 45 Alberton ...... ° ‘4 Royalty Junction. ........ 212 9 37 Pein ns00s° itil 5 wc ar 6 Charlottetown.......... ai 2 30 10 00 STATIONS. | No. 9. STATIONS. | | No. 10, P.. M. A. M. Emerald Junction......dp 410 Cape T raverse.......---dp | 6 45 Cape Traverse.......... ar 5 0 E-nera'd Junction..... a 735 \ q TRAINS FOR THE ASTE. TRAINS FROM THE EAST,

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