THE

EXAMINER.

TST

any preceding years: there was a life, a freshness, a luxu- riance she had never noticed before: it was nature without her mask of clouds. She did not know that the change was in herself, not in outward things, and that the light which lay so bright and loving en the world, was the light ef free- dom, not of heaven. very one noticed the change in Norah. The very servants discussed it in their hall. (To be continued )

Che Examiner.

> se

I., JANUARY 25, 1858.

CHARLOTTETOWN, P.

—~

IN THE SUPREME COURT, JANUARY 12, 1858.

TRIAL OF DONALD McNEILL FOR THE MURDER Or WiLLIAM LAN E.

The following were sworn as the Jury to try the cause :— Adam Murray, Henry Bennett, Charles aay Joseph Moorshead, James Howard, John P. Oxley, William Coles, Hlugh Kidd,

Donald Crocket, James Affleck, Benjamin Clark.

Counsel for the Crown.--The Attorney General and John Lawson, Esquire, Q. C.

Counsel for the Prisoner.—The Hon. Edward Palmer, Q. C.

The Arroryey Generac having opened the indictment, then addressed the Jury:

Gentiemen of the Jury,—From the statements just made by me to the Court, in detailing the contents of this indictment,

and from what you have po doubt already heard of this case, you must be fully aware of the serious and painful nature of the charge which you are now empanneiied to try. The prisoner at the bar, Donald McNeil), stands charged with the crime of murder—the highest crime, perhaps, known to the law ; and with the commission of that crime under circumstances of con- siderable atrocity. It will appear to you in evidence that the prisoner, in the month of October jast, and for some time pre- vious to it, was in the employ of Mr. William Lane, of Alberry Plains, On the day when the crime was committed (20th Oct.,) he and Lane breakfasted together. It also appears that in the early part of the morning Lane, on rising, found that the pri- #oner had over-slept himself, and reproved him for so doing, and it is possible that this might have engendered angry feel- ings in the prisoner. To this circumstance, however, I feel bound to state that I do got attach much weight; still it may be a point worthy of your consideration in endeavoring to férm & just conclusion in this case, and therefore L bring it ander your notice. The day was wet; and after breakfast Lane and the prisoner went out together to work in the barn—Lane tak- ing a hammer and nails, and the prisoner an axe. About half an hour afterwards the prisoner returned to the house by him- seif, and asked for a needle to mend his brace, which was broken. Mrs. Lane gave him a needle and thread for that pur- pose, and prisoner sewed the brace himself. The prisoner had been hired for a period of three months by Lane, which would bave expired about a fortnight after the day in question ; and part of the remuneration he was to receive was a pair of homespun trowsers, which he was to get at the end of the term. Whilst mending his brace he asked Mrs. Lane whether the trowsers were ready. She said no; but that they would beso before his time was up. He mede some rough answer, and went out to the stable again. About 2 hours elapsed, and the dinner hour cam@ound (one o'clock), but neither Lane nor the prisoner returned to the honse. About 120’clock, Ann Hayden, @ girl living with Mrs. Lane, had been out to the barn to fetch some wood, but saw nothing of either of the parties. She did not make apy search for them, but both she and Mrs. Lane con- cluded that they had gone tea neighbor’s house. However, when the dinner hour had passed, Mrs. Lane herself went out to the stable, and looking round—to her horror, as you, genile- men, may wel! imagine—she discovered her unfortunate hus- band lying on the floor in a pool of blood. She screamed aloud in her agony, which brought Ann Hayden out to her. Ann Hayden, looking in through the door, saw the mangled body of the deceased, but wae so terrified that she would not go in. Poor Mrs. Lane had, meantime, knelt by the body of her mur dered husband. She raised it in her asrms—she called him by name—but no answer was returned. On examining his head aehe found that the back part of it was completely smashed, Ann Hayden ran, at Mrs. Lane’s request, to fetch 2 pillow from the house, and Lane’s head was piaced on it; but still no signs of life were perceptible. Ann Hayden then ran and called Mr. Fletcher; and about halfan hour later Mr. Sabine and Mr. Edward Lane, the father of the deceased, were sum- moned to the spot. ‘They will be examined here to-day, and from their mouths you will learn the particulars of the case, From the position in which the body was found there can be no doubt that deceased was engaged, at the time when the mor- tal wounds were inflicted upon him, in nailing a board on the bottom of a corn box in the stable. Three nails appear to have been driven by him in it, and the fourth was pointed and par- tially driven in. The deceased must have been stooping down and driving the nail op with the hammer in his hand, when he was struck down. The body Wes rolled over on the back, with an inclination to the right side. The hammer lay on the floor alongside the body. The cap was off. The arms were folded on the breast. ‘The axe was in a pool of water at the doorway, and, as Mrs. Lane says, appeared to have been recently cleaned, The prisoner, McNeill, was not to be found—he had fled—but whither no one knew, as he had not been seen by any of the neighbors. In order to reach the public road, a person leaving the barn would, in the ordinary course of things, have to pass ov the house and pursue the beaten track; but a shorter cut might be made by crossing a ploughed field ; but no one, ex- cept on an emergency, would have chosen that course on a wet day. gn inspecting this ploughed land, wide and deep foot- marks were found in a difection leading from the stable, and it was at once conc'uded that McNeill had fled in that direction, which proved to be correct when he was afterwards interregated, The body was then carried into the house. Dr. Cox shortly afterwards arrived, but pronounced life to be quite extinct. He will, however, describe to you the precise nature of the wounds, and, as well as the other witnesses, quite satisfy you that the deaths of the deceased must have been ceused by a human hand wielding some such instrument as the axe in question, and that it is quite impossible that he could have come to his death in any other way, As regards the injuries, there was a deep cyt over the left temple, clean through the bone into the brain, This of itself wou'd have caused instant death, and must have been inflicted with the sharp edge of the axe. The back of the head was fairly beat to pieces, and apparently with the back of the same instrument. However, it is quite clear that the blow must have been inflicted on the deceased from behind. The murderer, whoever he was, must have struck him whilst he was engaged stooping down driving a nail into the corn box. An inquest having been held on the body, a warrant was iesned, and John Collins, John Jenkins and Charles Sabine went in pursuit of the prisoner. He was captured by the two former on the following morring ; but from that time to the present has always persisted in denying his guilt. When questioned by Collins, he admitted having run across the ploughed land, but said it was to get away from the rair. which, Collins re- marked, was a curious thing for him to do when he was nnder cover at the time inthe barn. These are the principal facts which will be placed before you by the evidence on the part of the Crown. men, you wil! have no direct evidence of the commission of the crime—no person was near or witnessed the act; but you will

John Ferguson,

have to form your verdict and decide on tie guilt of the prisoner |

on purely circumstantial evidence. However, mony circum- stances combined together may produce a conclusion as satis- factory and almost ag irresistible as direct evidence.

‘chain. |several times since stated (although he constant! | murder), when endeavoring to account for his so abruptly leav- | ing | the ordinary road, that he had an a | the barn about Iris wages—that he charged Mr, Lane with not

to you that the prisoner has y denied the)

Again, we shail prove

Mr. Lane’s without even going to the house, or pursuing ltereation with Mr. Lane in

having performed his part of the contract about the trowsers,— that Mr. Lane spoke harshly to him, and ordered him to leave, and that he did so, This statement, made by the prisoner bim- self, proves, as | think, what we could ot have mace out by

Lane and the prisoner in the barn. soner, and in such haste as the wide and deep footmarks acrose the ploughed land testify, and the unusual road pursued, js a strong evidence of guilt. Why leave Mr. Lane’s, since his term of engagement was not up? and why leave so abruptly, without even voing to the house? Noone else was seen about the place on that day. It appears to me, under this evidence, that the conclusion is irresistible, that the prisoner was gu Ity of the act. Incases like the present jures frequently and very naturally say, * Show us some motive for so atrocious an act?

No doubt it ia more satisfactory to be able to assign Some mo

in this case. [can only call your attention to the fact that the altercation in the barn is admitted, and suggest that ihe bad feelings of the prisoner being probably excited by it, he was led to commit the act in question. But, gentlemen, it fre- quently happens that actions of great enormity are committed for which it is impossible to discover any motive ; nevertheless, where other circumstances are strong and conclusive we must not reject them, or consider the party unaccountable because we cannot discover any adequate motive. In ordinary cases, gentlemen, it is, perhaps, hardly usual to surmise w hat the de- fence to be set up by a defendant will be, but from what has taken place in this Court, and what has transpired in public, we must pretty well understand that the defence to be set up in this case (if you think that the prisoner did the act charged), is that he was insane at the time, and therefore unaccouniable for the crime, if be committed wt. | consider it, therefore, my duty, even at this stage of the case, to state to you tle law on this point, and how far [ conceive the prisoner t» come within it; and it will, I think, be the fairest course 4owards the prisoner himself, as it will afford his Counsel an opportunity of replying to the authorities which I may cite. ‘The jaw on this point has been discussed and laid down in a large number of cases :—

In Roscoe, on Criminal Evidence, page 944, it thus stated :—

‘To amount toa complete bar of punishment, either at the time of committing the offence or at the trial, the insanity must have been of such a kind as to depriye the prisoner of the use of reason, as applied to the act in question, and the knowledge that he was doing wrong in committing it. If, though somewhat deranged, he is yet able to distinguish right from wrong in his own case, and to know that he was doing wrong in the act which he commitied, he is liable to the full punishment of his criminal acts.”

Again—« To entitle a prisoner to be acqnitted on the ground of insanity, he must at the time of committing the offence have been so insane that he did not know right from wrong.”

In Arrfold’s case again, the doctrine is laid down. See 16 Howard’s State Trials, 764--5. In that case the prisoner was convicted. He was indicted for shooting at Lord Onslow :—

“It appeared that he was to a certain extent deranged, and had misconceived the conduct of Lord Onslow ; but he had torm- ed areguiar design to shoot him, and prepared the means of effecting it. Justice Tracy observe, that the defence of insanity must be clearly made out; that it is not every idle or frantic humor of a man, or something unaccountable in his actions, which will show him to be such a madman as to exempt him from punishment; but that where a man is totally deprived of understanding and memory, and does not know what he is doing any more than an infant, a brute, or a wild beast, he will be properly exempted from punishment.”

In Lord Ferrer’s case it was said by the Judges, that it was sufficient to render a man answerable tor his acts, if he could discriminite between good and evil ; it was not necessary that he should be in complete possession of his rezson. ‘The same doctrine was afterwards enunciated in Hadfield’s, Bellingham’s, and other cases, and subsequently, after Daniel McNaughton’s

on the point of insanity were propounded by the Hduse of Lords to the Judges, and the reply of the Judges is contained in Roscoe on Evidence, page 950, and following pages;—

Mr. Justice Maule there lays it down as his opinion,“ that if ut the time of the commission of the crime, the accused knew he was acting contrary to law, but did it with a view tinder the in- fluence of some insane delusion, of redressing or reyenging some supposed grievance or injury; that such person was responsible for his acts,” and adds,—* ‘To render a persen irresponsible for crime, on account of unsoundness of mind, the unsoundness should, according to law as it has been long understood and held, be such as to render him incapable of knowing right from wrong,”

Chief Justice Tindal said,—** We are of opinion that if he knew at the time of committing the crime that he was acting contrary to law, which expression we understand to mean ‘ the law of the land,” he is punishable.”’ And again,—‘If the accused was conscious that the act was one which he ought not to do, and if that act was punishable by the law of the Land, he is punish- able.’”” There have been subsequent decisions on these points, but all, I believe, recognize and establish these two tests in cases where the plea of insanity is set up to discharge a party from the consequences of an act committed by him. : j

Was the party so insane as to be unable to distinguish right from wrong, when he did the act, did he know he was doing

wrong? Did he know when he did it that it was contrary to the law of the land, and that he would be liable to punishment on account of it ?

Making use of these tests, let us apply them to the present case, and I will now point out to you why I think the prisoner is responsible for the act which he has committed. The expres- sion which he made use of to Ann Hayden, * that ifya crazy maa killed a wise man, nothing could be done to him, unless some one saw him do it,” appears to me to establish the fact that he knew the difference between right and wrong, aad could well argue the law of the land. Me appears to me to have had two ideas in his head,—the first, thet a crazy man could not be pun- ished, and secondly, that a murderer cou!d not bepunished un- less there was a witness present who could prove his guilt. It seemed to assert that if one man got another by himself and killed him, the murderer would get clear and escape punishment on account of deficieny in the proof. And again, when interro- gated in Jail, by Mr. Edward Lane, father of the deceased, the prisoner asked how he could be convicted, as there was no wit- ness to Lane's death. He exhibited in his conversation witb Mr. FE. Lane the skill of a lawyer, rather than the weakness of in- sanity. He even went so farasto putacase to Mr. Edward | Lane, to the following effect: ‘ Suppose,” said he, * I and an- other man were in Mr. MclIsaac’s store, in Charlottetown, and after we both left, some articles were missed. I was suspected of taking them, but no one saw me do so,—how are they going to convict me?’ All these things, and:the general conduct and conversation of the prisoner, whilst at Mr. Lane’s, appear to me strongly to prove that he knew the difference between rizht and wrong, and the consequences of committing the act, if evidence of it could be produced against him. This reasoning was, sg¢h and such things can be done with impunity if only there is no witness. However, gentlemen, it will be for you, after hearing the evidence on both sides to determine the guilt of the prisoner, and whether he is accountable for his acts or not. I believe all I have stated will be fully made out by the evidence to be pro~ duced on the part of the Crown, but this you will yourselves be abje to judge; and will, moreover, have the law and the facts brought before you by the Court. You have to determine :— ist. Whether the prisoner was the person who killed Lane. 2dly. If so, was he sane or insane at the time. I need, Iam sure, hardly tell you, gentlemen, that you must not allaw

In this case, as in most cases of murder, gentle-|

| yourselves to be influenced either by horror at the act committed | or a feeling of sympathy for the prisoner on trial for life; nor yet _by any thing you may have already heard or been told of the circumstances of this case, whether favorable or adverse to the | prisoner. You must carefully consider the evidence which will be given before you, and on that alone found your verdict. You have a painful duty to perfori, but I am satisfied that you will discharge it with propriety.

Mary Lanz—examined by Attorney General—ls wife of W,

It wil, | Lane, the deceased ; lived at Allberry Plains, Lot 49, Queen’s

be for you to determine on their force when you shall hava | County ; knows prisoner; he lived with deceased two or three

heard them; but {think it my duty now to paint out to you whati conceive to be tie principal circumstances tending to establish the guilt of the prisoner. On the Sunday before the

months ; he worked on the farm assisting her husband in stump- ing chiefly ; he was to be paid atso much per acre for stumping ;

, does not know for how long a period he was engaged, He and

doy (Tuesday) on which deceased came to his de» th, the prisoner | ‘he deceased appeared on good terms ; deceased went to cal!

and Ann flayden were alone together in Lane’s house,

He

‘prisoner upon the morning of his murder; he, prisoner, laid waa rending the account of a murder in an English newspaper, |

late on that morning; her husband called him ; don’t know

and when he had finished he laid the paper down, and said to| what occurred between them at the time ; prisoner was generally

Ann Hayden—* If a crazy man was to killa wise man nothing could be done to him, could it =’? could,’’

to him unless somebody saw him do jit.”

pain tin BORE 6

| good-tempered—sometimes sulky. After breakfast, deceased Ann replied, ‘‘ Yes, there | and prisoner went to the barn together. Prisoner said, “ You are a liar, nothing could de done | fromthe house about three times the breadth of Court House. This wag a curious; They went out at the back of the house; the barn stood conversation, but | think, gentlemen, it will afford you some| betweenthe back and end of house. Seststance in this case-~it is, in my mind, the first link of the | up the stalls in stable.

The barn wag distant

They were going to fix Her husband took a hammer and a saw.

ihe ‘ sanangry altercation between : Ft wd al alant tdietas Thes the flight of the pri-| this must have been between 10 and It o'clock ; Intended to ‘have dinner that day at 1 o'clock ; saw nothing more of them

tive, and thus relieve the minds of a jury; but | cannot do so|e . . : oa ‘feet; his hands were folded across his body ; his head wasiin

trial, for shooting at Mr. Drummond, certain questions of law |

|time; thought he had taken it.

Cox.

Is not sure if prisoner took an axe with him; but he had one

in the stable working with ; deceased came in from stable about

10 o'clock, and ordered the gir! to get the garret floor ready to place wheat on that day. Prisoner came in a little after her huge barid: went ou', and asked fora needle and thread to get his brace sewn. She gave it to him; he remained in from fifieen minutes to half an hour; he asked if deceased had a pair of trousers he promised him ready; said to him they were not ready : would be by end of the week; he made no reply to this; heard deceased then call prisoner, and he went out. Deceased was then working in stable ; heard him hammering ;

until she went to call them; wondered they were so long m coming to dinner. Prisoner generally came in before deceased at dinnertime. She sent the girl, who returned and said ehe could see nothing of them; then said she supposed they had gone to the new house: barn and stable is under one roof; two doors to it; went herself to stable, and found the deceased lying in the stable; he had been erecting a horse stall ; two stalls were made ; two horses there ; he was lying on bis right side. At the end of the stable, where the third stall was erecting, his cap was off; it was lying a short distance from his

a gore of blood on the floor ; the hammer was lying near him ; a vail was in the stall partially driven; the nail was pointed upwards, driven so, and he must have been stooping to drive it.

He was lying in a gore of bloed ; his head was cut and bruised. |

One cut onthe back of his head ; two or three on the side of head ; raised him up in her arms; raised his head ; life was ex- tinct; he was quite cold. Sent the girl for the first neighbor, Saw the axe im the stable atthe door-way ; it lay in the dnpping of the rain; it was a rainy day; looked for Macneill; could not find him ; no, person in the barn; saw nothing of him until this day in Court ; cap produced was the cap deceased wore that day; saw nothing of prisoner from the time he had his brace mended. No other person was about the premises that day ; it wasn very wet day; no person could have been there that day without her knowledge. A considerable distance between the buildings and nearest road a ploughed piece of land was to the eastward between bara and woods; and grass land to the westward.

Cross-examined by Mr. E. Palmer—Counsel for Prisoner— Prisoner had been two or three months in their employ ; is a native of this Is!and; his home is Vernon River; has never been in their employ previously ; had never seen him until he came to work with them; don’t think her husband knew him before ; he came to stump; usually slept in the barn ; com- pleted his stumping, and thinks he hired for half a month, but is not certain; slept in barn from his own choice ; furnished him with bed clothes; he was sometimes good-tempered— sometimes sulky-—very cheerful at times—was always the first to come home to dinner—if not ready, he would wait for it; he was a very hearty eater. Saw her husband speaking to prisoner on the morning in question; heard him call him at the barn; did not hear what was said; breakfast about 9 o’clock that morning. When Macneil came in from the barn to get bis brace sewn, he did not appear irritated or agitated ; he was in his usual mood; he asked when his new trousers would be ready before he went out. The period when he was to have his trousers had not arrived. Told him they would be ready by the time. Offered him an old pair of braces of deceased’s at the time, which he refused. He was to carry in some grain that day from the barn. Deceased called prisoner from the house when he was in about the braces. The axe was found inside the building ; the end of the barn to the eastward was open, and the rain dripped upon it; it lay in the water on the ground within the frame of the barn; it lay in water and the rain dripped upon it; there was no particular pool under the axe. ‘Thought the prisoner was not altogether what he ought to be whilst he lived with them ; was timid about being’ alone withhim. Had heard that he was not right, and therefore was afraid of him. Had expressed her fears to her husband who only laughed at her. Her fears as to the prisoner arose, not rom what she saw in his conduct, but from what she had heard of him; could not account for his sulky appearance at times ; not acquainted with the prisoner formerly. He used to sleep in the barn when af work on their farm. He worked two days with Fletcher during the time he served them, and the nigits of those days he slept in Fletcher's barn. He fancied he had seen a large dog cominY into him in the barn on different nights, There was no lurge dog about the premises; thinks this was the reason he slept at Fletcher’s, which was only the breadth of one tundred acres distant. His bed in their barn was com- fortable. He assigned the seeing the dog as the reason for sleeping at Fietcher's.

Ayn SlaypeN—examined by Attorney General—Lived at deceased’s at the time of murder; had been there a fortnight before McNeill came there. He was sometimes bad tempered, sometimes not. He sometimes spoke very cross. Happened on a Tuesday. Heard deceased cali up prisoner that morning ; prisoner slept in barn; can’t tell what was said. They had breakfast soon after; saw deceased and prisoner go out to barn toa work, and saw prisoner come in afterwards to get his braces mended. Dinner was to be at 1 o’clock ; prisoner generally came to dinner before deceased. Went to barn about an hour before dinner to get chips—this was about 12 o’clock; saw nothing of either of them; heard no hammering; had heard hammering before about 9 o’clock ; told Mrs, Lane she saw nothing of them; that they must have gone to Sabine’s, a neighbour, Barn and stable under one roof; a board was off between barn and stable where they were at work ; looked around, but did not look down on floor ; saw neither of them then; heard no noise of work, therefore looked. Mrs. Lane went to call them to dinner; heard her scream; ran out; said William was killed. She was frightened; at first refused to go into the barn: did go; he was lying on his right side; he appeared to have been working at a Givision between two stables. Saw a quantity of blood about him; Mrs. Lane sent her for a pillow; did not go into the stable; she was frightened; went for Fletcher, a neighbour; brought him. Sabine came, and deceased’s father ; deceascd was taken into the house whilst she was away for the neighbours. Saw hie head when he was taken into the house: it was much cut. Saw no person about the place on the morning this happened, beside Mr.and Mrs. Lane and prisoner, None other could have been there, she thinks, without her knowledge. Never heard any quarrel between Lane and prisoner. Recollects Sunday befure it happened ; only McNeil! and herself at home; he was read- ing a newspaper about a murder. He said to her if a wise mau and crazy man fought, and if the crazy man killed the wise man, nothing could be done to him, Slie said there could. He said she was a liar, there could not; because no one was looking on. He was bad tempered at times ; then spoke roughiy to her. He often read newspapers, and at times talked to her of what he read. One day she was peeling turnips with a knife in the porch; he asked if it was sharp, she said no; he said she was a liar. he saw her cut bread with it—that knife she laid on the table when he got his supper that night; it was missing from that time.

Cross-examined by Mr. Palmer—Lived at Lane’s before prisoner came there. Sometimes he was cheerful, sometimes su'ky. Heused to get vexed attimes with her; she purposely said things to vex him; he was easily vexed; contradicting him would vex him,and he would call her a liar. He wag reading the newspaper aloud on Sunday ; what he said about the crazy and wise man was not in the paper—this was an opinion of his own; was frightened about him at times; his looks and his ways frightened her, He seemed cross when he called her a liar about the knife, Wondered in her mind what was his reason for asking about the knife—that knife was laid on the table when he got bis supper, and was missing from that Knew of his sleeping at Mletcher’s. He told ber that a big dog used to come into the barn loftto him, Said it came in three nights running; don’t believe any dog ciime unto him; there was no dog about the | premises, He usually came home first to dinner; usually eat more than persons ordinarily do. The field he stumped was below the house near the woods; has seen him at work in the field ; bas heard him talking alond when he was alone at work, no person near him ; could not distinguish what he said ; heard him talk to himself a great many times; heard him do so when in hissleeping-place in the barn; once in the barn heard him talking aloud about big able men. He usually eatoff a table by himself at the same time Lane and his wife took their meals, She took her meals with Mr. and Mrs. Lane.

Epwarp Lanr—examined by Attorney General—Is father of deceased ; was in the neighborhood when it happened ; was at Sabine’s, a farm near deceased’s, the night before ; it was on! the 20th of October Jast. Jane Fletcher came to Sabine’s | about Lo’clock, and said that William (deceased) was hurt or killed. Went immediately to house, and sent Fletcher for Dr. ‘When he arrived he went to stable; his son was lying

‘em

e

4q

aie My ;

/s~axe Jay as if the person had started from that place where it

Harbour Road; heard at Danean McDougall’s that prisoner

there ; then deceased’s wife and two other women were

Mrs. Sabine came with hrm. He was lying in astabdle, ¢ pillow under his head. He lay ina pool of blood ; looked eae all his blood had escaped from his body. ‘look hold of hi heady it was soft. Blood was quite cold and clotted. Could not Moke an examination of his head; was so shocked did not nos; hammer and axe; made Mo examination. ‘Took him to with the assistance of the women. He was dead and outside when he first saw him. inside his shirt his body warm. Macneill was not to be found. Dr. Cox came, whe pronounced him to be dead. Held the candle for the Doctor,

when he made the post morlem examination. Qne cut was of left side of heed, tarther back than temple, about one soe” quarter inch long; went through the skull; \hought :t

have been done with a heavy aad sharp instrument, the beri through the skull was so clear. A wound or bruise

as if made by the back of an axe; it was not.a curt, | broke the scul® behind the ear. ‘fhe back of his head \ ail

smashed in. Saw the axe lying against the sill of the head was on the stable fluor. His son was at Sab; the Saturday before his death. Never eaw Macneil] yor he saw him in jail. The wounds on his son’s head ¢ not have been done by himself or by a horse. Saw prisoner ja: ; went to see if he would acknowledge it. Asked what he wa confined for. Did pot make himself known as deceased's fathers. asked jailor what Macneil) was confined for. Jailor enid he wag. in custody fer the murder of William Lane ; said he wag see himin that situation. ‘Told him he knew hia father; asked him when he went into the stable with William Lane ; he said ’ ten o’clock; and he thought he remained about half an hoor, ~ Asked him how he came to leave the stable such a wet j ing? he said deceased desired him to go, they had dangle about his wages. Asked him why he left without his wages? ’ he said Mr. Lane told him to go and he went; and he “ pay him his wages when he pleased. Sad, J 'd this ca be true; was not Lane to give you a paing= he was, but they were not made. Ask go in and get the cloth; be said it did ng told him to go he went. Asked him how he ¢ Tun 60 fast from the stable? he said it was a very wet morning, and there’ was a ploughed field between the barn and woods. Then

He (Macneil!) rene

ci

-

himself knowr as father of deceased. to shudder and held down his head. Then said you are i to make a fool or idiot of me. Then said to

the second time he had to stend hie trial for murder; he . he was not going to stand to be killed; there was no against him. This related toa case at Pictou, where he, wite ness, had heard Macneill had been tricd for murder, not to the present case, Asked him if William Lane was a bad man? he replied he was a very good man. ‘I‘hen asked him how he could be so hard-hearted as to take the axe and kill him? heree. plied he had never killed the man. Asked if William Lane ever beat or threatened him? he said he never had beat him, but he threatened bim; he was not able for him, Macneil, Asked him what he meant? he said Lane was not able to stamp or mow with him. He argued thus in relation to the against him; he said, for instance, 1 might be in Mcleaac store; another man might be there or come in after after I left, Macisaac might miss money or any thing from til; McIssac might mistrust me, might send after me and me back; he could not prove it against me; nobody saw me teke it. Understand this is a parallel case with the present. © He said, God, when He came into this world, came to do jus- tice, and he was not going to do injustice to himeelf, by saying 7 he killed a man when he did not do it, He appeareda person possessed of the use of bis mental faculties ; collected hie mind” betier than he, witnese, could. He could well judge between right and wrong.

Cross-examined by Mr. Palmer—Had heard prisoner wes not altogether as he should be, and that his son shonid not~ keen him in his employment; heard this before his son wag killed. {t was a fact that he knew prisoner’s father; did . know any other members of the eeaily s concluded prince : could not be insane from the way he framed his questions; — never studies characters of insane persons; the Pictou x he believed to have been founded in fact; he acknowledged he had been ia woods, and the man struck him.

Cuartes Saprne—examined by the Attorney General.— Lives next to deceased’s father; is a brother-in-law of de- - ceased; Edward Lane, father of deceased, was at his houre the | day the murder occurred; went to deceased’s ; Fietcher told him William Lane was killed,—ssaid he was in the stable, He went*for a D. cor, went up with deceased’s father, Mra. Wm, Lane, Mrs. Fletcher, and another woman there. The deceased - lay on his back. rather inclined over to right side,—his feet were to eastward, The stable is about twenty-two feet in length,—the door comes into south-east corner going southward. . At the east end of stable two or three boards were tora off: going into the stable the finished stall would be on the leftside of the door; deceased Jay four or five feet fram north side of stable, about ten feet from back of stall where horse could stand ; all open between where he Jay and the horse stall. Saw a hammer there,—it was lying near his side, opposite his legs, —apparently he had been working at a stall at the bex for hold ing the corn. One nail was driven as if it had received one blow,—was not driven home ; his head was@&earest thie nail at the time the nail was driven under the box; he would have to stoop to drive it; his impression ‘wae that he was thus stooping when he received a blow on the left side of the head, and the hammer fell where he saw it. ‘The axe was laid the handle on sill blade on inside, He was quite dead when he saw him; @ great deal of blood had come from him: helped to carry him . into the house. A cut was over the left temple—the other exe tended from the ear to back of head, and seemed to be done by - some blunt instrament. Thinks he must have received more than one blow,—back of head was severely injured, there wae more than one blow. Thinks an axe would haye made the. wounds. Knew prisoner for ten years last past. Sometimes he would consider him insane frow hearing him speak very — loudly to hunself whilst working,—don't recollect what the words — were. He has worked with him three or four days whilst in Lane’s service,—don’t think every person insane who speaks to himself. He was usually designated by the name of “ erazy Donald.’’ Té appeared to him to know the difference between right and wrong during the Jast three years; whenever he hed seen him from hearing him talking aloud be thought him iesane. Saw prisoner in custody of Collins and Lane,—he denied all knowledge of the circumstances.

Cross-examinnd by Mr. Palmer.—Has known prisoner for the last ten years,—about four years of the first part of the time he was of settled habits; had no acquaintance with him from that time up to last three or four years. First part of time lived near prisoner at Vernon River,—afterwards removed from that part of the country,—has heard that he was under restraint * six or seven years ago; believe it to be the case. Saw him subsequently, possibly once in three or six months. He was employed as a labourer. Once he nad management of his mother’s farm. His mother’s house was destroyed by fire whilst he lived with her. ir is since that time he heard of prisoner being under restraint. Thinks prisoner for last three years knew right from wrong, and was sane,—that he had the use of | his reason,—caa’t say he was of sound mind. During the time he was with deceased, conversed frequently with him. He was called “ crazy Donald ;’’ appeared neglected about his person ; —eccentric in his habits. Has conversed with deceased about prisoner, not about his state of mind.—last time pe saw him before he came to him at Lane’s was on the road. Atal! times during the last five or six years prisoner has appeared neglected in bis person aud eccentric in his habits.

James Cottins—examined by Attorney General.—Is 6 brother-in-law of deceased ; has frequently seen prisoner at deceased’s. Lives about five miles from deceased’s ; went to deceased’s the day of his death ; body was in the house then, about half after 4 o’clock in the afternoon ; went into the stable,