IMAGE EVALUATION TEST TARGET (MT-3) 1.0 1.1 I la 1120 IM 1.25 1.4 1 1.6 ■« 6" ► p / e /} '' / Photographic Sciences Corporation •SJ \ ^ <^ [v O^ 23 WEST MAIN STREET WEBSTER, N.Y. 14S80 (716) 873-4503 ^A CIHM/ICMH Microfiche Series. CIHM/ICMH Collection de microfiches. Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques Technical and Bibliographic Notes/Notas tachniquas at bibliographiquas Th« tot Tha Instituta has attamptad to obtain tha bast original copy available for filming. Faaturas of this copy which may ba bibliographically unique, which may altar any of the images in the reproduction, or which may significantly change the usual method of filming, are checked below. D D D □ Coloured covers/ Couverture de couleur Covers damaged/ Couverture endommag^a Covers restored and/or lami^iatad/ Couverture restaur^a et/ou pellicul6e Cover title missing/ Le titre de couverture manque □ Coloured maps/ Cartes g6ographiques en couleur □ Coloured ink (i.e. other than blue or black)/ Encre de couleur (i.e. autre que bleue ou noire) D D Coloured plates and/or illustrations/ Planches et/ou illustrations en couleur Bound with other material/ ReliA avac d'autres documents E Tight binding may cause shadows or distortion along interior margin/ La re liure serr^e peut causer de I'ombre ou de la distortion le long de la marge intirieure D D Blank leaves added during restoration may appear within tha text. Whenever possible, these have been omitted frjm filming/ II se peut que certaiiies pages blanches ajout^es lors d'une restauraton apparaissent dans le texte, mais, lorsque cela Atait possible, ces pages n'ont pas iti filmAes. Additional comments:/ Commentaires suppl6mentaires: L'Institut a microfilm^ le meilleur exemplaire qu'il lui a 6ti possible de se procurer. Les details de cet exemplaire qui sont peut-Atre uniques du point de vue bibliographique, qui peuvent modifier une image reproduite, ou qui peuvent exiger una modification dans la m6thode normale de filmage sont indiquis ci-dessous. □ Coloured pages/ Pages de couleur □ Pages damaged/ Pages endommagias Li f^i^qis restored and/or laminated/ j r*does restaurias et/ou pellicul6es I — I ^ages discoloured, stained or foxed/ Pages d6color6es, tachetdes ou piqudes Pages detached/ Pages ddtachdes Showthroughy Transparence Quality of prir Quality in6gale de I'impression Includes supplementary materii ComprenJ du materiel suppldmentaire Only edition available/ Seule Edition disponible I I Pages detached/ r~Pj Showthrough/ r~X Quality of print varies/ I — I Includes supplementary material/ I — I Only edition available/ D Pages wholly or partially obscured by errata slips, tissues, etc., have been refilmed to ensure the best possible image/ Les pages totalement ou partiellement obscurcies par un feuillet d'errata, une pelure, etc., ont 6t6 filmdes d nouveau de fapon d obtenir la meilleure image possible. The poa of 1 filn Ori{ be( the sioi oth firs sioi ori Thi she Tl^ wh Ma difl ent be{ rigl req me This item is filmed at the reduction ratio checked below/ Ce document est film* au taux de reduction indiquA ci-dessous. 10X 14X 18X 22X 26X 30X 7 ^"^""^ 12X 16X 20X 24X 28X 32X ils u lifier ne age The copy filmed here hes been reproduced thenka to the generoeity of: Metropolitan Toronto Library Social Sciences Department The imeges appearing here are the best quality possible considering the condition and legibility of the original copy and in iceeping with the filming contract specifications. L'e templaire filmA fut reproduit grice i la ginArositA de: Metropolitan Toronto Library Social Sciences Department Les images suivantes ont At4 reproduites avec le plus grand soin. compte tenu de ia condition at de la nettetA de i'exemplaire fiimi, et en conformity avec les conditions du contrat de filmage. Original copies in printed paper covers are filmed beginning with the front cover and ending on the last page with a printed or illustrated impres- sion, or the back cover when appropriate. All other original copies are filmed beginning on the first page with a printed or illustrated impres- sion, and ending on the last page with a printed or illustrated impression. Les exempiaires originaux dont la couverture en papier est imprimAe sont filmfo en commenpant par le premier plat et en terminant soit par la dernlAre page qui comporte une empreinte d'impression ou d'illustration, soit par ie second plat, salon ie cas. Tous les autres exempiaires originaux sont filmte en commen^ant par la premiere page qui comporte une empreinte d'impression ou d'illustration et en terminant par la dernidre page qui comporte une telle empreinte. The last recorded frame on each microfiche shall contain the symbol —^-(meaning "CON- TINUED"), or the symbol V (meaning "END"), whichever applies. Un des symboies suivants apparaltra sur la dernidre image de cheque microfiche, selon le cas: le symbols — ► signifie "A SUIVRE", le symbols V signifie "FIN". iVIaps, plates, charts, etc., may be filmed at different reduction ratios. Those too large to be entirely included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: Les cartes, planches, tableaux, etc., peuvent Atre film^s A des taux de reduction diff6rents. Lorsque le document est trop grand pour Atre reproduit en un seui cliche, ii est film6 A partir de Tangle supirieur gauche, de gauche A droite, et de haut en bas, en prenant ie nombre d'images n6cessairo. Les diagrammes suivants iliustrent ia mithode. ata elure. 3 32X ,-. _, :: 2 3 \ 1 I ' ■■ ■ \ 3 1 2 3 4 5 6 -rrnKL VERBATIM «< REPORT OF THE ' MILLMAN - TUPtIN MURDER TRIAL. SUPREME COJIRT, CHARLOTTETOWN, PRINOBJ EJDAPVARD ISI»AND, 18 8 8. Geo. W. Gardiner, Book & Job Printer, Queen Square, charlottetown. *:fV: ^84: 'o ffi i/.s:i ■ i £1 'o4G . \ If r ' t&^ ^J INTRODUCTION. In this little work is contained a full report of perhaps the most celebrated trial known to have occupied the Couflf? of the Domi- nion of Canaoa. Its object was to determine whether tlie prisoner at the bar of justice, William Millman, should forfeit hla life for the murder of Mary Pickering Tuplin, or be sent home to his family once more. The most learned Counsel in the Province were engaged for the prosecution as well as for the defence, and the able ihimne'r in which Mr. Justice Hensley acquitted himself, will give him a first rank as a criminal Judge. The speeches of Judge and Counsel are said to have been the best ever delivered In our Province oJ Prince Edward Island. ^ On the evening of the eleventh day. about three hours aiter the Judge had concluded his address, the " twelve of his Countrymen" who had sworn to " true deliverance make between our Sovereign Lady the Queen and the prisoner at the bar," brought in their ver- dict of •' Guilty." The shock was too much for the unfortunate prisoner, who fell In the dock. He was removed in an unconscious state, to the county jail, in which he had passed the last six months, and where he was to remain till the dread sentence at the Court would be passed on him. On the 9th February the prisoner was placed In the dock for the last time. Chief Justice Palmer passed the sentence of death upon Mm, and he now, In remarkably good spirits, awaits the 10th of April, when he will appear before the Omnipotent Being who gave life to himself and Mary Tuplin, Millman is only twenty years of age, and the unfortunate victim, who, with her unborn babe, was shot and thrown In the Southwest Blver on the 28th June, was In her 17th year. It is hoped the contents of this pamphlet will prove Interesting and afford a good moral lesson. EXPLANATION OP MAP. * ^ 1. Thomas Power's farm. 2. Nathan y^ right's farm. 3. Jona Adams' farm. 4. Where the body was foimd. .5. Supposed spring hole. 6. Where the disguized man was seen. 7. Where the boat was usually kept. 8. William P. Evans^farm. 9. James E. Warren's farm. 10. Hiram Thompson's farm. 11. Richatd Paynter's farm. 12. William J. Profit's farm. 13. Edward Bryenton's house. 14. Place where post mortem examination was made. 16. Place where the boat landed with a man in it. 17. Thomas Millman's farm. 18. Donald Cameron's farm. 19 Alex. Cousins farm. T Map of the Scene of the Tuplin Tragedy. II ot e t i ,(.. i-l' )!.. THE MILLMAN-TUPLIN MURDER TRAGEDY. SUPREME COURT, CHARLOTTETOWN, January 24th, 1888. Long before tbe doors were opened crowds gathered around them and in the halls and corridors. Very few minutes had elapsed after the clock struck eleven when Mr. Justice Hensley took his seat upon the Bench, accompanied by His Lordship the Chief Justice. The Attorney-Qeneral, Mr. Peters and Mr. Macneill, counsel for the prosecution, sit immediately before the Clerk of the Crown. A little further back, and somewhat nearer the Jury. Mr. Hodgson and Mr. Wyatt, counsel for the prisoner, sit at small desks. The Court had not long to wait. The sound of a rush outside told that the prisoner had arrived. In another moment he entered the Court, and all eyes were turned upon him. As when he first came into Court, so now his appearance conveyed a favorable impression. He was much more neatly dressed than on the first occassion, and his manner was qniet and free from embarrassment. As he passed to the dock, Mr. Hodgson spoke to him for a few minutes. HLs face was flushed by the outer air ; but he was not a bit more disconcerted than most men would be on entering a crowded lecture room or church. As soon as he had taken his seat, the proceedings began. CHOOSING THE JURY. The Clerk of the Crown first read ovj^ the Jurymen summoned. Two or three only failed to respond as their names were called. Mr. Weeks, addressing the prisoner, then said : "These good men whom you shall now hear called are those to pass between our Sovereign Lady the Queen and your life ; if therefore you shall challenge them, or any of them, you shall do so as they come to the book to be sworn, and before they are sworn, and you shall be heard." It seems that the prisoner has the right to challenge twenty jurors without giving any reason — "preemptory challenges," they are called — while the Crown has the right to challenge only four. When the first name was called in the usual way, Mr. Hodgson immediately arose and challenged for cause. The objection was in writing, and alleged that the man had been a juror within two years, and was therefore exempt from service and not liable to have been summoned. The Attorney- General would not admit the point, but consented that the juror should stand aside. Challenging then went on briskly, the prisoner chal- lenging twenty and the Crown four. Finidly, the twelve Jurymen were chosen, each one taking the following oath. «. warn %^\^'' Wk ,,: --^ -6- ■ - /' " You shall well and truly try, and true deliverance make between Our Sorereign Lady the Queen and the prisoner at the bar, whom you shall have in charge, and a true verdict give according to the evidence, so help your God." The names of the Jurymen are : Alex. McKenzie, Charlottetown, (Foreman). Wallace Rodd, Brackley Point. / Augustine Mclnnis, GfUlas Point. i\, i I Iv Nell 8. McKtenzle, Long Creek. * -^ * Thomas Smith, Charlottetown Royalty. /,i 1 _ do do »#■ 3, . Thomas Berrigan, uu / Wellington Young, Gallas Point. • t Thomas Essory, Charlottetown. Donald McKay, Campbelton, New London. • ""' James Farquharson, Lot 48. , ,,^ John Frizzle, Cornwall. John Judson, Cherry Valley. The names of the witnesses for the Crown were then called as follows. John Tuplin, Archd. Bryenton, John Connors, Dr. Michael Wall, Dr. McNeill, Alice Connolly, Wilda Somers, John R. Profit, George Profit, Richard Paynter, Jonathan Adams, jr., Joseph Davieon, Paul Thompson, Martha Ann Adams, Donald Tuplin, James Muttart, Frank Power, Margaret Bryenton, Thos. N. Colson, Wm. Alby Bryenton, James McLellan, Benj. Bryenton, John Mahar, Jas. Somers. John Sudsbury. George Profit (Black Horse), Andrew Woodslde, Edward Warren, Thos. Cameron, Jabez Tuplin, Alex. McKay, Lily Ann Cousins, Catherine Jane Cousins. Emma Bryenton, Patk. Power, Tliomas Power, Nelson J. Evans, Archd. N. Evans, John M. Evans, Gtordon Bryenton, John B. McKay, Dr. Rodk. McNeill, James Ready, Thos. Bryenton, Thos. McKlnlay, Nicholas Power, Joseph Schurman, James Mahar, Richard Ready. These wltneses were air directed to leave Court and to remain in an adjoining room or outside the court house until called to give evidence. MR. F. PETERS' ADDRESS. Mr. Justice Hensley presided, and the Chief Justice and Mr. Justice Peters occupied seats beside him during the earlier part of the pro- ceedings. After the Jury had been ushered in and had taken their seats to the left of the Judges, Mk. F. Petbrs, one of the associate- counsel for the Crown, began his ADDRKSS TO THB JURY. In opening, he advised them to forget as far as possible, any opinions they may have already formed as to the guilt or innocence of the prisoner, and to render a verdict in accordance with the sworn evidence taken in court. The case, said he, stands this way. The prisoner at the bar, William Millman, is charged with the murder of Mary Pickering Tuplin, daughter of John Tuplin, of Margate. There are two questions for you to decide : (1) was she mur^red, (2) if so, who did the deed? On the first question there is no doubt; but on the second will be the real trial. We will prove beyond a doubt that she was murdered, and that the deed was committed on the evening of Tuesday, the 28th June last. On that evening she left her father's residence about nine o'clock, and that was the last seen of her alive. As soon as she was missed, diligent search was made for her; but it was not until a week later that her body was found in the river, near a spring-hole, in between four and five feet of water, with a rope tied . w to her waist attached to which was a heavy stone, a bullet hole in lier head and a bullet flattened out against her skull. This proves that she was murdered, that the crime was of the most brutal nature, and that the murderer is outside the pale of mercy at the hands of any person. We will prove the way she was killed and show the pistol and bullets with which the dastardly deed was done. After doing this we will come to the main question : is the prisoner the man who committed the dastardly act ? You must look carefully at the evidence produced and return such a verdict as you think is right and just. We will show that the man in the dock, and no other man, committed the crime. We will show about the time the murder was done, by the evidence of persons who heard the shots fired, and the screams, on the Tuesday evening that the girl left the house and so suddenly disappeared. Now, a few words as to the evidence against the prisoner Millman. (Here a large map of the neighborhood in which the crime was com- mitted was hung up near the Bench and in front of the jurors). Here, explained Mr. Peters, pointing to a certain portion of the map, is John Tuplin's house, where the Tuplin family live. Here is the Prince- town Road, and here the Southwest River. Between the Princetown Road and the Southwest River is the Old Mud Road. This road leads through the woods and fields, and comes out at the Southwest River, a short distance from Tuplin's house. The prisoner lives in a house on the other side of the Southwest River. In order to get from his house to Tuplin's, the prisoner would have either to cross the river or go around. We will show that Millman did cross the river in a boat on the evening of the murder ; and that he took the boat from where it was anchored below the farm of a man named Warren. It was late when Millman was seen crossing the river in the boat, and anchoring it near where the Mud Road comes out to the river. We will prove that the person who murdered the girl was In that boat. In the bottom of the boat was a stone, which was used for ballast, and which weighed about 80 pounds. The owner of the boat will prove that the stone attached to the rope around the murdered girl's body and that used for ballasting the boat are one and the same. The murderer had taken the stone from the bottom of the boat and used it to sink the body of his victim. After the murder the boat was found moored be- low Millman's house, and not near Warren's, the place from which it was taken. The man who committed the murder was the man who took the boat from where it was moored and left it where it was found. Not only will we prove that Milhoaan was in the boat that evening, but we will show also that he was on the Princetown Road, near Tuplin's house, on the same evening, in disguise. Here are two very strong points against the prisoner : (1) his being in the boat; (2) his being almost at Tuplin's door disguised. To-day we stand in a position to give more evidence than, was heard at the preliminary examination before the Justices of the Peace. At the preliminary examination a pistol was produced, which, it was said, belonged to Millman. But that was not the pistol with which the murder was committed. It was too small; the bullets found in the girl's head would not fit it. We will show, however, that Millman borrowed the pistol which shot the girl, about a fortnight before the murder, from a man named Power. He pretended that he wanted to buy the pistol, and got it on trial. A short time before the murder. Power went to him and asked whether or not he intended buying it. Millman told him he had no money just then, but asked permission to retain it a short time longer, saying that he and a man named Evans wanted to do some shooting on Tuesday evening. He kept the pistol until a few days after the murder, when he returned it to Power with two !f>f i r ; / chambers empty, and asked him not to tell a soul almut his having it. The two bulllets found in the murdered girl's head fit the empty chamber of the f>istol, and the marks on them are similar to those with which the pistol was oaded. Millman will have to explain why he retained the pistol and what he did with it while in his possession. These are the main facts of the case; but it does not rest there. Where the Crown rests a case on circumstantial evi- ence, it is expected that some motive will be shown for the commission of the crime. Many murders have been committed for money; some fur very small sums. Fear is also a great motive for the taking of life. When he sees a chance of escape from threatened disgrace a man of poor will power will often take advantage of any opportunity of removing the cause of his trouble. We will prove that Millman had this motive of fear. Nfary Tuplin was not yet seventeen years of age, yet she was some five or six months advanced in pregnancy. We have no direct evidence that Millman ever seduced the child; but we have evidence almost as good. We will prove that he was at Tuplin's house about New Year's night, and that while there he had ample opportunity of doing so. Strange to say he did not call to see the girl again, and it was not until about two weeks before the murder that he heard she was with child, and that he was charged with her seduction. He knew that the Seduction Act had lately been revised, and that now, instead of being punishable with a money p<«^yment, the seduction of girls und'^r sixteen years Yas a criminal mat- ter, one which resulted in imprisonment for a term of years. After he heard that the girl was pregnant he told a friend he was charged with being the father of the child, and that it was a penitentiary matter. There was also another reason why he was particularly anxious about the affair, and that was the fear that when his mother heard about it she would go wild. In this con- nection we will show that his mother was not very strong in her head. Thus he had these two strong motives; the dread of criminal punishment and the fear that his mother would lose her reason. Now, what did he do? His first move was to arrange for a meeting with the girl. He had this meeting on the Sunday evening previous to the murder. The meeting was a secret one. We will show that he had this meeting and that probably be made arrangements for another one. The arrangement was made through a man named Bryenton, a friend of his In short; we will prove Mlllman's connection with the boat; his being in the neighborhood of the house; his possession of the pistol; and will give good reasons why he should commit the crime. A short time after the murder he made an attempt to get a witness named Power to swear he was with him at the time the murder was committed at Paynter's line. Power at first agreed to do as requested, but later on declined doing so. Millman actually took him down to a Mj^strate's house for the purpose of getting him to swear as he wanted him; but Power would not do so. Finding that Power would not swear as desired he said to him, " If you will not take the oath I tell you what you can do; go over to Tuplin's and tell him the story and he will not take further action. " This proceeding on the part of Miilman does not look exactly right; it does not require false evidence to clear an innocent man. During the proceedings the question of jurisdiction may arise. An old law says the criminal must be tried in the County in which the crime was com- mitted; but late statutes after this, and you will not therefore have to enquire in which County the crime was committed, as it was certainly within one mile of the county line. A great many of the witnesses in this case are friends and neighbors of Millman's and, therefore, come here somewhat unwillingly as is quite natural. This makes there statements have all the more weight. We will not take up any more of the time of the court; but with these remarks will leave the matter, for the preseut. What helped to make Mr. Peters' statement clear and intelligable was a large plan on a scale of twenty chains to the mile, which was hung upon a stand between the judge and the jury. This plan showed that the Southwest River to the west of the County Line divides into two creeks, one coming from the north, fed by the stream from Warren's Mill and the other firom the south- I —9— west fed by another smaller mill stream. Though the hanks are low and marshy, yet the woods surrounding them in clumps and larger patches at a short distance relieves the monotony of the more level grounds. These com- bined with the undulating land of the clearances to the north and the comfort- able looking homesteads, combine to make this scene one of the prettiest views to be seen in the Province. The public road between the County Line and the old Princetown Road takes a circuitous route. Rut a winter road which has been long in use known as " the Mud Road " gives a shorter cut to the lower end of the County Line Road before mentioned. This mud road enters from the old Princetowti Road aViout an eighth of a mile southeasterly from John Tuplin's gate, and like most wood roads, is crooked and rough till it reacl\,'s the clearances en the farms in possession of Messrs. Davison and J. Adams, jr. Crossing these clearances it strikes the Northern Creek (before mentioned) at the end of a fence ; and thence the river ice may be taken to any part required. The murdered girl's body was found about half-way across the Sor'^rest River, between James Warren's and Hiram Thompson's lands and auout a quarter of a mile from the pi :: tWovc mentioned whence the mud road strikes tne shore. Thomas McKinl'v, Esq., Crown Lands Department — sworn and examin- ed by the Attorney-General — Testified that the plan before the court was made by him — partly from actual survey on the spot b^ V. S. Gillis^L. S., and himself, and partly from the Township Plans lodged m the Lands Office. The part actually surveyed embraced what is considered to be the more immediate scene of the principal events connected with the murder. In reply to questions he gave the distances between various parts on the plan likely to come up as evidence. From Tuplin's gate to the shore (by the winter or mud road) is about a mile. From Millman's to tjie Tuplin's, around by the "Black Horse" is two and a quarter miles. From Millman's to Tuplin's by the fields across the creek and by the mud road is one mile and seven-eighths. John Tuplin (sworn) — I am the father of Mary Tuplin. Her name was Mary Pickering Tuplin. I live at Margate. My daughter was seventeen years old on the 5th of last May. The last time I saw her alive was on the 28th June — in my own house, just in the dusk of the evening — it was not quite dark. She was sitting in the kitchen along with me. I remember the evening distinctly. It was on that very day that I buried one of my sons. There were present at the time my wife, my married daughters, Josephine Slavin and Wilda Somers, and my sons James, William, John and Andrew. We had returned from the funeral about six or half-past six o'clock. Mary was nursing a baby — either Mrs. Slavin's or Mrs. Somers'. As soon as Josephine took the child off her knee, she jumped up and went out the front door. I never saw her after. She had nothing on her but a cotton dress and an old pair of boots. There was nothing on her head. She made no remark as she went out. It was just in the dusk of the evening. Between ten and twenty minutes after she went out my wife got up and went out to look after her; and about twenty minutes after I went to George Profit's, thinking she had gone over there. Not seeing her, I sat down at Mr. Profit's for a few moments ; but as there were three or four men present I did not ask for Mary, but came away home without saying that she was absent. When I returned we wondered where she was, and I went out to the barn to look for her about fifteen minutes after I returned from Profit's. She was not there, and theh I went down the winter road — about sixty yards from the house. Then I ^nt home again. On my way home, I stood between the house and the road, and hallooed for Mary as hard as I could. Then I went back to my wife, and after that I again went to George Profit's to see if they had seen her. Mrs. Profit came to the door. Says I, "Kitty, did you aee anything of Mary?" " No," said she, " I didn't." Then I went home again. L^ this lime it was half-past ten or eleven. It took me less than fifteen minutes to walk to John Profit's and back. We went to bed and got up at daybreak ; and I went —10- I' I out to James Somers' The Somers live about three-quarters of a, mile away from us. As I was going past the house, I looked into the window ; r i one was up. The girl put her head out of the window and said she had not seen anything of Mary. Then I went to George Henderson's, but finding no trac« of her, went home. Then I yoked up my horse and wagon, and went to Thomas Biyenton's. I saw Thomas Bryenton and Ms wife ; but got no trace of Mary. I saw Bryenton and his wife on the Sunday evening before that. I don't know whether or not they saw Mary. When they left it was late in the evening. Archibald Bryenton was at my house at the same time. Mrs. Slavin was also there. Alice Connolly was at my house on the evening of the funeral, but I don't think she was there on the Sunday before. There were others about the house but I could not give their names. After returning from Bryenton's. I went to Alice Connolly's to know what she had been talking to Mary about on Sunday evening. She said she had been talking to Mary. In consequence of what she said to me, I went to Reubin Tuplin's at Kensington. Then I went to John Millman's. I went alone. I saw him and his wife. I asked John where his boy was last night, but got no news of Mary. Then I went home and sent the boy down the Mud Road to see what he could see there. I think he went. Then I went to Margate and asked Wm. Pound whether he would allow his men to go and search for my daughter. I got home abont dark and went to bed. On Thufsday the Brst thing I did was to go to Summerside to see lawyer Bell, and got a warrant for William Millman. Richard Ready issued the warrant. I saw Donald Cameron, who told me to be careful about what I did. After I left Donald Comeron's, I went to Benjamin Bryenton's to get him to let us have his scow, so that we might search the river. The search of the river was commenced on Friday and con- tinued till the body was found on Monday. I was present when the body was found in the Southwest River. It was found by Archibald Bryenton. Francis Hamilton and George Clarke commenced the search, and most of the neigh- bors afterward turned out. The prisoner was not among the number of the searchers, nor was Thomas Bryenton, nor (I think) John Nathaniel Evans. The body was found in the river opposite Warren's ut dark that he came there. There was no one with him. My wife and daughter Mary and some of the children were in the house at the same time. He was in the kitchen. I left the kitchen after nine o'clock. After I left and went to bed no person was in the kitchen but William Millman and my dffighter Mary. 1 saw nothing more of Millman that night. I thought Mary went to bed about twelve o'clock. I woke up and called her ; and he went off and she came up stairs. That was shortly after twelve^I thought. I did not see Millman in my house after that. Cross-examined by Mr. Hodgson — Millman came to my house about dark. The lamp was not lit. I don't think it was lit, but I don't know. I don't think it was on Sunday evening. I didn't remember what I was doing that day. There were present Jabez, Mary and my wife. Manderson was there . ile away ro one not seen no traca went to no trace that. I te in the e. Mrs. ng of the lere were ling firom alking to "ary. In nsington. wife. I Then I could see m. Pound er. I got lid was to Millman. old me to ' went to we might and con- body was Francis the neigh- ber of the lel Evans, was mark- ody, when A large round the Jan. 2$. inued his at was the is like this y. (Boots ^ prisoner at about last t was just r wife and lame time. I left and n and my light Mary le went off ht. I did bout dark. . I don't loing that was there -11— — I think. I don't remember except that I was told. If he was there it was not long. *None of the Manrlersons were living, or staying, or working at my place at that time. I couldn't say what time Manderson was there. I didn t know that he drove there. I know Harvey Manderson. He is a relation of our own. He has called in, but I couldn't be sure that he did not stay over night. I am not sure. My memory is not good. Harvey Manderson might have been there " that night. I understand that Jal)ez was in bed before I went. My wife went to bed just a few minutes before me. I thought. I slept about three hours. Mary's bed was in the same room as ours. I saw she was not in bed, and called her. Then she came right up stairs. It might have been a few days after New Years. That is the only time I saw Millman at my house. I did not know that young men were paying attention to my daughter. I don't remember that any one called for my daughter on the Wednesday before my daughter's disappearance. The gate was taken oil the hinges one night. Jas. Muttart and Dod Frizzle drove up to the house that night. I don t know who took the gate otil. It was the road. gate. They asked how the boy was. They did not go into the house. They stopped about five minutes — it might be ten. I heard them drive up as I went out. They asked for a match to light their pipe. They burned a couple of them before they got their pipe lit. My son Jabez saw them, and George Profit, and I think my son William. No one else saw them that I know of. Maiy was home. She did not see them that I know of. I was standing close to the door when they drove oft. My son went for the lantern — I think to see who they were. They did not give there names. It did not strike me as strange that they did not give their names I did not see who took the gate off the hinges, and don't know who did it. On Tuesday, 28th June, 1 eot home about six. I aon't think Mary was at the funeral. After I came back I went over the farm to see if any animals were in. After that I came home and sat on the lounge. Mary, my wife and Josephine}' Were there — Mary was nursing Mrs. Somers' little girl. She went out just about dusk. I could not tell the time. It was a good bit after sunset. Sunset is, I think, about half-past eight at that time of year. I can't fix the hour Mary went ont. I was examined at the Coroner's inquest. I stated there that she left home about nine o'clock. It was no later than nine o'clock. It was about twenty minutes after my daughter went out that my wife went out. After that I went otrer to George Profit's. When I came back I went into the house again. Then I went to the barn to see if she was about there. It would not be an hour after Mary went out. It might have been between three-quarters of an hour and an hour. My wife called her when she went out. I thought she had, perhaps, got kind of melancholy and astray. I hunted all round. Then I went in and got a light and looked for her. About five minutes after I returned, I went down the Mud Road I just went to the edge. I went to see if there were any tracks in the grass; but it was then too dark. I had no lantern with me. I saw tracks after. Then I went up to George Profits a second time. Whe n I came back it was about half-past ten. There was little breeze blowing, and it felt chilly and I called twice for Mary. The next morning I went first to James Somers'. I did'nt see Somers. He was not home that morning. No one was up when I got there. Somers is my son-in-law. I went to Archibald Bryenton's the same morning. I never new my daughter to ffo away before I don't know that I went to Archibald Bryenton'b and talked to him about my daughter. I never spoke te Joe Bryenton about her. To the Judge-Mr, Archibald Bryenton and my Side. It was about eight o'clock when I got to tlie church. I lit the lamps as soon as I got there. I never saw Millman before I saw him on the roadside. It would be about half-past seven. The sun set about half an hour after I saw the man on the roadside. AFTER RECESS. , , , . James Somers — Recalled at the request of the Jury. To the Judge — I could not identify the man when I saw him in the woods. I saw him for the Brst time in charge of the constable. I identified him then as the man I saw in the woods. I did not tell the Grand Jury that I could not identify Millman then and there. To the foreman — If I see a man once I would know him again. To a Juryman — I stopped and looked at him for a second. I took a good look at him. I have no doubt whatever that Millman was the man I saw there. To the Judge — I was only two or three yards from him. James Muttart, (sworn) — Examined by the Attorney General — said: I reside at Margate. My home is in Fifteen Point; but I work with William Pound. I know John Tuplin. I know where he lives. I remember the time Mary Tuplin was missed. I passed Tuplin's the Sunday night before that — . just between the two lights. I was coming from Hillman'^ I was going home. Mr. Pound lives at margate Corner. After I passed Tuplin's gate, I met three persons, and then sat down to fill my pipe. I sat there perhaps fire minutes. Miss Tuplin came out of her father s field. She came right up to me. She said, " Is that you Muttart? " I said. "Yes. " She said, ** Did you see any other young fellow along ? " I asked her who she was looking for and she said, " It is not any difiierence to you. " I jumped up then and saw a man coming, and I asked, "Is that the man you are looking for ? " He took out his hankerchief and covered the side ofnisface. I followed right after hiin. We just went about 20 yards then he turned back again. He never spoke nor changed his hankerchief. He went back till he met her. I looked around and saw him and Mary standing in the road. He was close enough to put his hand on her shoulder. The man was William Millman. I swear to that. I have no doubt about it. I have seen him in our church at Margate. I did not know him personally. He had very dark clothes on, and a brown straw hat. It was a dark brown hat. There was a kind of yellow cord around the hat. It was' not a ribbon. It was narrow in the rim, and low in the crown, -19- n I went meeting e o'clock Ishing in ys ahead e Clarke efore the eing the an be no a brown re to it it correct. ar that a I't mind. I didn't man was I can't [ did not Dt it was ng heard the road- I lit the saw him sun set he woods. d him then could not )ok a good nan I saw — said: I th William ;r the time fore that — , ting home. '. met three e minutes. me. She ou see any 'or and she saw a man !e took out after him. ' spoke nor led around I to put his to that. 1 ite. I did rown straw around the the crown, and rather longer than broad. I got home just after dark. It was the Sun- day before the murder the very night before her brother died, that I saw Mill- man on the road. I was at Margate corner on the eveniug of the murder. There was a prayer meeting, but I was not at it. I was out till betveen nine and 4en, and then I went home to Pound's. I was home between nine and ten, Mr. Pound saw me go to lied, also William Brown and (ieorge Hamilton saw me go into the house. There were out with me Georpe Frizzle, Charles Ham- ilton, Warren and Russel Sample. They were with me all the evening. Pound lives about a mile from John Tuplin's. I know John Tuplin. I was at his house ; but not in bis house. Dod Frizzle was with me. It was on Wednesday night. We had been at Kensington b ejgre that. That was the first time I was ever at the house. After coming froiACensington Frizzle said he thought he'd go out and see how the boy was ; so 1 says, I'll go with you if you like. We drove Frizzle's horse and wagon. We went into the yard. The gate was wide open when we got t^ )re. We saw John Tuplin, Jabez Tuplin and George Profit. We asked fhow the boy was. The answer was, •' No better. " Frizzle asked if he would go in to see him ; Tuplin said. " No, he is very low. " W^e lit our pipes. Tuplin or Profit gave us the matches. I lit three or four matches, but could not light the pipe. Profit then lit it and handed it to me and we drove oft. We arrived home about lo o'clock and went to bed. Frizzle started from Pound's gate to go home. We did not touch Tuplin's gate that night. We never got out of the wagon. Cross-examined by Mr Hodgson — The Sunday night on which I saw Mill- man was not very dark. It was just betweeu sundown and dark. It would be about eight o'clock. I know Mary Tuplin to see her. I was iquite a good little piece past Tuplin's house when I sat down to light my pipe. • It was be- low the Mud Road on Woodside's land. I did not think there was any one there till I heard her come through the bush. I never thought or said there was any one with her before she came out. I am slightly acquainted with Harvey Manderson. Pn the Wednesday night we referred to, we spoke to John Tuplin. He knows me slightly. It was after dark. WiLDA SoMERS (swom) — Examined by the Attorney-General — I am the daughter of John Tuplin and a sister of the murdered girl. I was examined before the Magistrates. My husband's name is James Somers. My sister was missed on Tuesday, the 28th of June. My brother died on the 26th, he was buried on Tuesday eveniug the 28th. I was at my father's house on that evening after the funeral. I left about seven o'clock. I think it was about that time. My house is between Margate and my father's. I first went to Hillman's, at the " Black Hors^P" Frank Hillman gave me the horse and wagon, and I went home and got the baby. I left the baby at my mother's and then drove to Hillman's. , My husband drove me a piece of the way. We passed the Mud Road — myself, my husband, and baby. We saw no one. I parted with my husband at the schooihou.se. He turned round and went back home again, and I drove over to Hillman's. My sister, Mrs. Hillman^ was sick, and I went there to nurse her. I did not go home til! afler my sister Mary was murdered. I don't remember the day I went home. It was, I think, the day I was subpoenaend to the investigation at Warren's farm. I re- member the Sunday before my sister was murdered. I was at my father's. Archibald Bryenton was there. It Was after nine o'clock. My husband was there with me. I saw Mary that evening, also mother, father and Jabez. I spoke to Mary that evening. I knew Mary was about to become a mother. I thought so. I believed so. I swear so. I didn't know who was the father. I spoke to Mary about it on the Sunday before she was murdered. I don't know that Mary was out of the house that evening. She was in the house when I was there. I have seen the prisoner. I saw him at Mr. Counolly's at Mar- gate a couple of years before the murder, but did not see him between the two dates. I did not know that letters passed between Mary and Millman. I didn't see any letters. I saw Mary on the day before she was murdered. (The witness, overcome by emotion, here fainted ' away and was taken from the Court). !■■' 1' f ;< ? past. I know Millman I saw William Milliam It was the day after a We went down to fix a tell tbat I saw him on sat there for a few —20— After some time the witness resumed: (Hankerchief shown)— I have seen It before. I couldn't swear that was Mary's hankerchief. It's like one that I saw with Mary. There was a letter " M. " like that on it. The tetter was worked on with white thread just like that. (Witness here liurst into tears). Mr. Hodgson said he would ask the witness no (|uestions. Patrick Power, Jr. (sworn)— Examined by Mr. Peters— I live at Long River, and am a son or Thomas Power I am sixteen I remember the time that Mary Tuplin disappeared, shortly after that I saw him on the 30th day of June, holyday in our church. Millman came to our house, fence in the field. MiUpian went, too. He told me to the night of the 28th. ^ne at Paynter's Line, that we minutes, then walked up to the corner by Thomas Millman's, stayed there for a few hours, or up to nine or ten o'clock, and both of us started for home. That is what he wanted me to tell. There was not a word of truth in it. I had not seen him on that night at all. Paynter's Line is the line between Paynter's and William Millman's — away clear of Tuplin's altogether. I told him I would. No one was present. My brothar could not hear us. He took me aside. This was two days after the girl disappeared. I saw him again the same day, but no conversation took place about the affair. The same Thursday he came again in the evening, and saw me at my father's house, out- side. My two brothers were there, but no conversation took place then. I was going up to Forristal's shop for a halt pound of tobacco. The prisoner told me not to be in a hurry, that he was going up in a wagon, and would give me a lift. When I was getting out of the wagon he asked me to go on as far as Mr. Richard Ready's who is a Magistrate. He said he was going down there, and >vould bring me back. I went with him. When he got me to Mr. Ready 's gate he told me he was going to have my affidavit taken. I told him I wonld not. He went into Mr. Ready's house then, and stayed about 20 or 25 minutes. When he came out, "Pat," says he, "We'll go." Then he asked me to go to Mr. John Tuplin's, and tell Mr. Tuplin what he had told me to tell, so that it would scare Mr. Tuplin. We didn't go down to Tuplin's. We stopped at the Black Horse. We stayed there for a few minutes, and then we went home again. He thought he wouldn't go there then. I saw him again on the next Friday or Saturday. We were cutting down bushes. He came to the field where I and my two brothers were working. He told me to stick to what he had told me to tell. I told him I would not. My brother Thomas heard what he said, and I ^ink James did too, Thomas asked Millman what he wanted me to do. Millman gave no answer, and my brother Thomas asked me what it was. I told him that Mill- man wanted me to say that I had seen him at Paynter's Line that night. He asked me if it was true. I said no. My brother then said to Mill- man, " Don't be getting my brother into anything." Millman then started for home. I don't remember that he made any answer to Thomas. I was at my father's house all the evening. I went to bed sometime after 11 o'clock. George Profit. Catherine Lanigan, James Lanigan andE. Larklns were at our house that evening, and my father and mother were away at Kelly's Cross. I have seen my brother Frank with a revolver. He bought it from Benjamin Bryenton. He had it when I saw it. 1 don't know what became of it. Cross-examined by Mr. Hodgson— I was examined before the Magistrate. Fmday, Jan. 27. Margaret Tuplin (Sworn)— Examined by the Attorney-General— I am the mother of Mary Tuplin. My son was buried on the 28th June. I remember the Sunday before he died. There was a good many people at the house, viz : James Tuplin and his wife, Archibald Bryenton, Thomas Bryenton and his wife, Michael Morrison and his Lve seen It )ne that I etter was ito tears). e at Long I MiHman II Milliam lay after a rn to fix a w him on for a few 1 there for le. That I had not Paynter's told him us. He saw him rhe same 3use, out- ; then. I ; prisoner nd would go on as ing down got me to I. I told about 20 e'll go." . Tuplin lin. We ■se. We lin . He ihe next ne to the to stick brother Thomas answer, tiat Mill- at night. to Mill aan then iswer to it to bed a, James ly father brother x)n. He "ore the an. 27. ineral — I th June. )d many rchlbald and his —21— wife. Alice Connolly was not there. Thomas Brycnton and his wife came there before dark. Mary was at home. Bryenton came into the room and totd her his wife wanted to speak to her down stairs. She wont down stairs. I did not see them in conversation. Thomas Bryenton and his wife were both in the room. Hecallei' his wife ou. Then he came in and spoke to Mary, and Mary went out to --peak to hs wife. I don't know when Bryenton and his wife went avay. Mary was not long out, only a few minutes. She came back to I.he room. I remained in the room with my sick child. I remembor the Tuesday evening on which my son was burled. Mary was home. My married daughter, Mrs. Slavin, was In the house, and aHk) our family. Alice Connolly was there when we came back from the funeral. Miss Marks, Mrs. McLeod, my daughter Mary in the house while we went to the between five and six, and then had the cows after we came home. I saw her had on a cotton dress and a skirt and boots never after saw her alive. I don't know twenty minutes after she left I after a few moments I went to and Alice Connolly were funeral. We got home our tea. Mary milked when she went out. She — nothing on her head. I where she went. About went to the door and called. Then the other door and called. Then my husband went to George Profit's to see If she was there. He wasn't away many minutes. He came home and searched in the barn. Then he went out and called Mary " twice. He went back to Profit's again to ask if they had seen Mary. He came back in a few minutes. Be- tween each time we talked about Mary. I don't know that he searched further. My eldest son is named Jabez. He went to bed early. He heard me call "Mary" but did not know any more about it. Mrs. Somers was at our house on Sunday night. I don't remember that she was there on Tuesday night. I saw MUlman at our house once. It was a short time after New Years. I don't remember the day. I was not In when he came. It was dark. Harvey Manderson, Arch'd. Bryenton and my own family were' there at the time. Harvey Mander- son is my sister's son — a first-cousin to Mary. We were all in the kitchen. We were not doing anything in particular. I went to bed about nine. I left my husband, Jabez, Mary, Harvey Manderson and Mlllman in the kitchen. Jabez and Harvey Manderson went to bed a few minutes afterwards. Harvey Manderson stayed all night. I heard my husband call mary in the night. I heard the door open and some one go out. Mary then came to bed. Mary was in the family way when she left — I would suppose about six months. I mentioned it to Mary about three months from the time Mlllman was there. When Jonny was sick, two men called one evening in the week before Mary was lost. I heard the wagon come and drive away. Mary's hankerchiefs were marked some with the word " Majy, " more with the letter " M. " [Hankerchlef produced.] That's Mary's. I was examined at the Coroner's inquest. [Boots shown.] Those are Mary's. She had them on that day. Cross-examinedby Mr. Hodgson— Jabez is my oldest son. He is 25 years. The boy died about three o'clock on Monday morning. I didn't see Mary go to bed that night I don't remember when she went. When she went out of the room to see Mrs. Bryenton, she was about half an hour away. On the evening of the funeral we had our tea about six o'clock. Mary went out just in the twilight. The sun was down a few minutes. I dld't look at the clock. I would suppose it was between 8 and 9 o'clock. The lamps were not lit. Jabez Tuplin (Sworn) — Examined by the Attorney-General. I am Mary's brother. I know William Mlllman. 1 saw him at our house a little after New Years. I had seen him before that at a party at M -22 !■ Francis Ulllman's. That was on Now Years nijflit. I was at the part} . Mary was at the party ; so was Millman. The party was over about 3 o'clock. Mary went home then. I didn't see who went home with her. To the Judge- She left before I tlld. I got homo about daylight. To the Attorney-Genera'— I don't know how soon Mary got liome before I did. Millman was at our house about a week after New Years. He came about dark. Archibald Bryentou, Harvey Manderson, and my father and mother were there. I went to bed al)out 10 o'clock. Harvey Manderson slept with me all night. He is my first cousin. To the Judge— Manderson is about 25 years of age. To the Attorney-General— i left Millman and my father and Mary in the kitchen. I did not see Millman again that night. I never saw him at our house again. I remember the Sunday before my brother was buried. I saw Mary that evening. As far as I know she did not go out of the house that evening. I was in the kitchen. I saw Mary go out on Tuesday evening and saw her no more. She never came back. It was after supper. She was sitting down nursing Mrs. Slaven's child about fifteen minutes. I don't know that she did anj thing after sup- per. She wont out just about dusk— between sundown and dark. I did not search for her that night. I went to bed a few minutes to nine. I heard my mother go to the front door and calling for Mary. It was about fifteen minutes after I went to bed. To the Judge — She went out about ten or fifteen minutes before I went to bed. To the Attorney General— When I got up'my mother was out milking. I went out and asked her whether Mary had come home or not, and she said she didn't. I went into the house and my mother got me my breakfast. I told Donald to come with me and show me where he had seen the man sitting on the Mud Road. Donald went with me and showed me where the man was sitting. The ferns and grass were flat- tened and broken down. I went until I came to John Woodside's fence on the Mud Road leading to the shore. I climed up on the fence and saw where somebody had gone through the standing Iiay. I went on to the part of the field where the road had went out in winter. I followed on through the woods and found some tracks, but the ground was dry and hard,and I could not see many tracks. I followed on till I came to Fred Davison's field, and I saw where something had been scratching at the ground. Something had been buried there. This was one hundred yards from the road. I went into the lane between Frank Davison's and Joseph Davison's. As I was going I saw Cousins' Uoat further down the river — on the east side, under Warren's farm. There was a stake sticking in the marsh about a yaad from the boat. I sat on the fence for about fifteen minutes, then I turned back home and went to work burning brush. I did not engage in the search till the evening. I saw Millman on the Thursday after Mary was missing. It wtjsattlie" Black Horse " corner in the evening. Francis Hillman and George Clarke were there. Patrick Power was witli him. Mill- man asked me if my father was home. I said he was not, but he would soon be home. I told him to drive down. He did not go. I said to Millman : "I hear you have been saying you were never to our place. " He said, " What next? " He was sitting in the wagon with the reins in his hand. He remained there about half ah hour. Power went with him. I next saw Millman in Warren's barm. I remember that too persons called at our house one-night shortly before my sister was lost. One was Fr'/: ,le. They had a horse and wagon. They drove into our yard. They asked how the sick boy was; also •• were there many in the house, " and " could they -23- as at the was over ent hume ylight. u^ot home ifter New a,nclurson, o'clock, usin. 1 Mary in r saw him Jther was lid not go ' Mary go ime bacl{. en's child ifter sup- l dark. I s to nine. . It was before I b milking. ;, and she tt me my re he had h me and were flat- oodside's the fence I went inter. I e ground i on till I had been This was en Frank iins' Uoat I. There It. I sat tome and litill the sing. It Hillman n. Mill- le would not go. ju were i sitting )out half barren's ne-night jy had a how the uld they go in. " They asked my father. He said the l)oy was very low and no one could see him. Thcyuwked George Profit to light their pipe. They turned the horse and I did not know their faces. I turned the light on them. 1 knew Frizzle, but I did not know Muttart. Cross-examined by Mr. Hodgson— I took the tracks to be those of a man. I saw no tracks of a woman. It was only whero tbe horses had cut up the grouud In the spring of the year that 1 could see any tracks. By the marks in the hay field. I thought one poison had walked through the hay. The wood taken that night was ott" Uamsay's land, and I saw the stumps a few days afterwards. To the Judge— I had to go through the field to pass down through the Mud Hoad. To Mr. Peters- I don't know who cut the trees or when they were cut. They attracted my attention, and I stepped up to them. The trees were taken away, I didn't notice the direction in which they were taken. To the Judge— The Mud Road going on the main road has two forks (or branches) which join before we come to the hay field. Thomas Cameron (sworn)— Examined by the Attorney-General— I live at French Klver. 1 took part in the search for Mary TupUn on the Southwest River. It was I who found the handkerchief. I picked It up on the west side of the Southwest River— on the west side of the water fence, near the end of the Mud Road. I gave the hankerchlef to Mr. Donald Camerons, J. P. I also noticed two foot-prints leading towards the water. The ground Is marshy and there Is white sand. The tracks were not the same size. There was a half sole on the boot that made the smaller track. The small track was about two sizes smaller than the other. (Boots shown.) The foot-print was similar to that — [pointing to the sole.] I saw only one track representing that sole, leading toward the water. They were both right foot tracks. The tracks were measured by Constable McKay with sticks. The tracks, were not far from the water's edge when the tide ebbs and flows. They were about half way between the bank and low water. The tide passing over thdm would not obliterate them on account of the materi- al of the soil. The handkerchief was on the marsh. I am not ac- quainted with the Mud Road. The tracks were about twenty feet from the bars at the end of the Mud Road. Cross-examined by Mr. Hodgson— This was on Saturday. Other persons had been searching for the missing girl. We landed in a boat. We found the handkerchief just about five nUnutes after We met three other people just after we arrived. William Ingles first picked it up and threw it down as useless ; that drew my attention to It. There was to be a search on Thursday night. We heard a cough and a splash in the river on this Thursday night. I don't live near the place but was asked by Donald Cameron to go and assist In the search. To the AttorneyGenenjl — This was Thursday evening. I don't think they dragged the river before Sunday. I found the handkerchief on Saturday. There was to have been a search of the river by torchlight on the night of the 30th June; but the parties didn't come. John Colson and I came, and while waiting we saw the light and heard the splash. I thought it was by the water fence. I don't know who made the splash. It was about half-past twelve o'clock. To a Juryman — They were both right foot tracks ; one was larger than the other. To the Attorney General — They could not hare been made by the same person. They were right square abreast. To Mr. Hodgson— The smaller one was to the right of the big one. Thomas Power (sworn)— Examined by the Attorney General— I : I" i was examined before the Ma.i?lstrates. I know the prisoner. I live at Eel ('reel?, Southwest liiver. I am a brother of Patrlclc and Francis Power. I have seen Millman at my father's house. He lives about half mile away — the third house away. He has often been at our house. I have been at his. We have always been friendly. 1 heard that Mary Tuplin was missed on Thursday, the 30th June. I was at Kelly's Cross. I left home on Tuesday, about 2 o'clocli p. ra. My brother Francis went with me. We got to Kelly's Cross about sun- down on Tuesday evening. We were at Mrs. John McMurrow's, about two-and-a-half miles from Kelly's Cross, and about twenty-four miles from home. On Wednesday we were at my uncle's, John Ashton's, on South Melville Road. We left on Wednesday evening and got home on Thursday morning, the 30th, about 4 o'clock. We were home on Friday. I was home on Saturday forenoon. I saw the prisoner on Thursday, the 30th, about 8 o'clock a. m. He came just to where we were harnessing a horse by the barn, and then we went to load poles — Francis and i^atrick and I. We went to a road by the side of our farm, called the New Road. When we were loading poles he asked us if we heard that JohnTuplin's daughter was ml..sing. I said — Missing, how? He said, " Gone away on Tuesday night." I said, "Perhaps < she's gone to a neighbor's house." He said, "She has not." He didn't say anything more about the matter that I remember. My two brothers and him walked up by the cart to the back of the barn. He remained there till 10 or 11 o'clock. Then he started to go away. I told him before he loft to get the work on the road done that after- noon. I am Road Overseer for the precinct, and had sold a piece of road in which .Millman and my brother had a share. I said he need not take a horse. So then he left. When I came out of the house after dinner Millman was at the door. Pat and I went to harness the horses, and when we got the horses harnessed, Millman held the plough and I drove the horses till we got to the road. I asked Millman if the girl had been found. He said it was strange about the girl, and per- haps she had gone down to the East of the Island like her other sister, who was away about six weeks. He says there's something strange about the matter. lie said a few nights ago there was a horse and wagon drove up to the house. Two boys were in the wagon. They ftsked for Mary but her brother Jabez went in and got the light, and when th:;y saw the light they turned and drove off. He said " James Evans, told me and George. Henderson told him." I told him that the morning we were coming home, we met a wagon on the County Line Road with two l)oys and a girl in it, and I said, " Would it be Mary Tuplin in the wagon?" parted about half-past two. his share of the money for heard that the wagon was He said " Tt might be." That's all. Wc We went from the road and I paid him the mending of the road. 1 afterwards jnning quite different from what 1 told him. So I made inquiries I found out that there were ahead of us that morning Owen Screenan and his wife. I went to Schreenan's and asked him if he remembered the morning of the 30th June, v (Mr. Hodgson here objected to hearsay evidence.) I saw Millman on the same Thursday evening at our place. He was opposite the front door. My brother Patrick and William Millman left together. They had been by themselves in the early part of the day. I next saw Millman on Friday or Saturday. Saturday is, I think, the day. We were cutting down bushes. William Millman came to the field and told Patrick to stick to what he had told him. I asked him what It was. Millman made no reply, and I asked my brother what It was. He told me that Millman wanted him to say that he seen him on Tuesday evening at the line between Payntcr'^ and Mlll- '■' —16- I live at i Francis ves about n at our 1 heard I was at . m. My bout sun- vr's, about 'onr miles Asli ton's, got home home on 'isoner on where we Lfl poles — ide of our ! asked us -Missing, ' ' Perhaps lot." He My two )arn. He away. I hat after- El piece of d he need he house irness the he plough fan if the and per- ler sister, strange tiorse and n. They ght, and " James him that e County r>uld it be all. Wc paid him terwards lat 1 told 3ad of us nan's and He was Millman irt of the I think, came to I asked y brother y that he and Mill. ttUM*6. I MkM m.t brother if he wm there. He told me he was not. I then told Millman no^ ^ i try to draw ray brother Into anything. He said he Would sttok to what he told him. Millman then left the field. I don't remember seeing him again till I saw him arrested. Cros»liB came to my house while they Were there. He sat down but did not stay more than three or four minutee. It was then about hMf-p4st nine. After Tuplin left I heard something. I heard two shots. I was then in the house cutting Geot^ Clarke's hair. There was not more thim three or four seconds between ihe two shots. The shots came from the direction of Hie river It would bt^i near about 10 o'clock. Woodslde was then untyine his horse. X heilrd nothing but the shots. John TupliB came agaU about eleven o'clock, and spoke to my wife. I am not related to either Tuplin or Millman. Cross-elamiued byMr. Hodgson— Woodsidt did not come in after the shots were flred. The shots Were fired about ten o'clock. There was not much wind that night. I don't konw the direction it blew from. The sound of the shMs came from the east. JoHK SVDsBUftY (sworn)— Examined by Mr. Peters. I live At Spring Valley, about two miles from Mr. John Tuplln's. I know both Tuplin and MiUinAn. t heard of Mary Tuplln*s disappearance. OU thst even* in^ I was first at New Lciidon ; I cAme from Kew London a&d made a call at tlie Church to tkke home my mlss"' fk-om the meeting. The Church is not more than a mile by a striiighi line from the Southwest River. When I got there the meeting was still in. I Hfed my horse and talked to a man named ^Uoran ; and then stood at the Churcb door tin the meting came out, when I took my wife home. Before the meeting came out t heard two shots ftrom the direction of the Southwest River. That was before the Church came out— about fifteen or twenty minutes befoi^':. I don't know wh*t time I got home thAt evening. To a Juryman— One shot appeared to be sharper than another. ANDftiiw WboDSiDC (sworn)— Examined by the Attorney General— I remember the 28th June last. I was at a lecture at Clifton. 1 arrived homo at twentv minutes to eleven. My son was with me. I heard a pistol shot and a scream or two— or a continuation of one— in which there was a perceptible lowering of the voice. I beard one shot. I was s!bout amtM and three^qUaters from hoUie. It wat sometime be^ tWeen tet ihinutes to ten and twenty ihliititiBS after. I was walking the hoihM v^ry skrwly. After hearing th^ shot I commenced to trot the horse, and the noise would perhaps prevent mv hearing a second shot. When I heard the shot I thought it might be as f«r away as Margate. It seemed to be In the distance. The sound of the shot was quite dear and distinct. When I heard the shct I was between William Cotton's and William Ryan's, about half a mile from the main river, I would be a mile and thtee^qusrters from home round by the road. When I got home Hooked at the clock ; it was twenty minutes to eleven. Cross-examined by Mr. Hodgson— It would take about twenty minutes to drive from where I heard the shot to my home. It was . -TTT -26- 1M i:l 111-' i I' I 'I very calm that night — a bright, clear night. I could not hear any word — only just a screech. Friday, Jan. 28. Thomas Bbyenton, (sworn)— Examinad by Mr. Peters— I live at Spring Valley, Lot 18. I know John Tuplin, and also Millman, and was slightly acquainted with Mary Tuplin. I am sexton of Irishtown Church. I remember the evening of the 28th June last. I was at the Church that evening. I stayed till after the' meeting was over — was there the whole time. I got home about eleven o'clock. I live about two miles from the church. I walked home. John Millman and his missus and Mrs. Thomas Millman and her son James were at the meet- ing that evening. Mrs. Thomas Millman left before me. Mr. John Millman and his missus left at the same time. I saw them leave. The meeting got out about twenty-five minutes past ten. It is about a mile from the Church to John Millman's. I left as soon as the meeting was over. The others stopped and talked together for a minute or two. We had our watches out just before we left the Church. The meeting was about getting up a tea. I saw William Millman in Church on the Sunday before the murder. I saw him both inside and outside the Church. We talked about Mary Tuplin. He asked me how Tuplin's sick boy was. I told him that he was just living. Then he asked me about Mary. He asked me the second time. I told him that I heard some talk about her. He asked if I knew it was true, and told me he'd like to see the girl to know if the talk was true. I told him to go on up and see her. He said he didn't like to go. I told him Tuplin wouldn't say anything to him. He said he'd like to see the girl to see if the talk was true that the little one belonged to him, but he felt ashamed like to go to Tuplin's. I said me and my wife were going up to see the sick boy, and asked him to go with us. He still seemed ashamed. Then he said if I would ask the girl to come to the gate he would go and meet her there. My wife was not present. John Nathaniel Evans was there. I don't know whether he heard the con- versation. Millman was close to me. * I am not aware that anything else took place. After I promised to tell the girl he said, *' don't you let on anything about it." I said no, I wouldn't. We went to John Tuplin's that evening. Before we went Millman came to my house with John N. Evans. He didn't stay long. I was getting ready to go to Tuplin's when he came. I had a little conversation about a pig, but not about this Tuplin matter. I can't say why he came up at that time. I thought he was going up to Tuplin's. It was out of his way a little. He never came before to my house on Sunday that I know of. He came one day seven or eight years ago with his father, when he was a little boy. My wife and I walked to Tuplin's to see the sick boy. I saw Mary Tuplin that evening in her father's kitchen and up stairs. I told her that my missus wanted to speak to her. Then she went out to her. I don't know where Millman or Nathaniel Evans were all this time. I met Millman again that evening. I think John Nathaniel Evans was present. It was just about dark. I met them between John Tuplin's and William Underhill's. lie called me by name and I went up and spoke t<^him. Hq asked me if I told Mary Tuplin. I told him " I thought my missus told her," or else " My missus told her." We had no more conversation — not a word. I went right away home. On Tuesday I was working with John Payilter. I did not see Millman that evening, nor on Monday. .1 saw him on Wednesday on the Millman Road — near John Mill- man's jnuse. ' K- went down to see him about this Tuplin matter. I thought MillmaKhad, peAaps,"been with the girl. I did not know then that the girl had bdm murdeEpdr-only thfit she was missing. We sat down on the side of the road ahd t^lmdyo^ over twenty minutes. I asked him was he up the —27— any word Jan. 28. r live at man, and rishtown ivas at the ►ver — was live about n and his the meet- Mr. John i\e. The )ut a mile eting was te or two. e meeting ch on the itside the r Tuplin's asked me It I heard d me he'd 1 to go on n Tuplin Cirl to see t he felt going up 1 seemed e gate he it. John I the con- anything don't you t to John my house ady to go mt a pig, ip at that f his way know of. when he the sick in and up Then she el Evans ink John let them name and n. I told We had Tuesday I tg, nor on ohn Mill- I thought it the girl he side of e up the road last night. I meant the road near my place. He said he wasn't I asked him where was he ? He said he was down swimming in the evening. He didn't say what time. He might have said it was before sundown. I can t say. I don't recollect. Yes, he said he went down before sundown. He didn't say how long before. He didn't say whether any one went with him. I didn't ask him. He said he came up in the evening and laid about the road near his father's gate till bed time, and then he went to his bed. That's what he said. I swear to that. That's what he said next day (the day after the murder. ) He said he was in bed when they came home from the meeting. He didn't say anything else that evening. No other conversation took place. I told him that John Tuplin was down at my house threatening to law me, and that he blamed Millman for having done something to his girl, and was going to take the law of me on account of thr, message I had given. He said he wasn't around anywhere near Tuplin's that night. I told him if he knew any- thing about the girl to tell me and I would tell Tuplin. He said he had never seen her. He said that he had seen her on Sunday night — the night I took the message. He did not say where. He told me that she told him that she didn't blame him for the child. That was about all that was said. There might be a word that I would forget. Millman did not seem surprised when I told him that the girl was missing. He said nothing. He might have spoken ; but nothing about the girl. I was arrested as a party to this murder ; but was discharged. While under arrest coming from the Court, Constable MacKay being present, he spoke about the murder and the aw.ul trouble we had got into, and I told him the best thing he could do was to read his Bible and pray. Nothing else was said. I was at Thomas Millman 's, I think, when the body was found. I did not go to search for the body ; neither did Millman. As soon as I saw them Bnd the body I went up to Thos. Millman's house. I saw William Millman that evening. I told him nothing. He was coming from Charlottetown. I spoke to him on Monday morning before the body was found. I heard afterwards he was on his way to Charlottetown. I told him if he went up about the Cross he would most likely be arrested. I told him alx)ut the handerchief being found. He said it was only a fraud — dropped there by hands. I didn't ask him how he knew it was only a fraud. I went to my work and he went on. I have now told everything I know. I saw old John Millman get in his wagon and drive home on the night of the murder. His missus was with him. I can't tell the color of the horse nor the kind of a . wagon. No other members of the family were present. John Bradford, Eliza, William, Johanna and Maud are the members of John Millman's family. Nelson Evans is married to Jane Millman, who lives at her father's home. Mrs. Nelson Evans was not at the church that night, or Evans himself, nor any of the rest. I had a conversation with Millman some time in May about Mary Tuplin. He said he was over to Margate Church one Sunday to preach- ing, and saw a woman come out of Somers'. He thought it was Mary Tuplin, and he tried to overtake her but he could not. Cross-examined by Mr. Hodgson — It was five minutes past eleven after I got home and got my boots oft and my pipe lit\ My watch sometimes runs down. Before I told him, Millman had not heard that the Tuplin girl was missing. I did not hear that it was Millman's handkerchief that was picked up. and don't know that Millman did. There were more stories going about than truth. Millman told me that he was in bed 'when they came home from the church. I have met him when he was going down batnmg. I did not murder the girl. To Mr. Peters — The evening that he told me ^bout the girl at Somers' -was the evening he said that he was going swimming. Mr. Reagh's watch agreed with m e. On the night the girl was missed my watch was going. It is necessary for me to know what time to open the church. ' . ^ Margaret Brventon (sworn)— Examined by the Attorni^-Generalx-I am the wile of Thomas Bryenton. I. know Millman ;'also lf||^ly-4T&plin, snghtly. mmmmA , .» ■1:' I, ;i| K ' t retn^inber when she was missed. I netnember the Sunday before that Mill- nMn was at oar house. I never rememl^er that he called on a Sunday before. My husband and he went to the bam. I didn't know what his business was. I don't know now. He stayed a few minutes. My husband and I went to Tujplin's that evening. We left him and Evans standing on the road. We got to Tuplin's between sundown and dark. I saw the boy that was sick ; also Mrs. Tu])tin and Mary. T saw Mary in the house. I gave a message for her from William Millman. My husband told me to tell Mary that William MiUman Wanted to see her at the gate that nteht. I said, "Maty, William Millman wishes to speak to you to-night." She said, "Whereat?" I said, *• At the gate." She made no answer. That was about dark. I did not sec Maty go out. On the way home we met two men. One was Archibald Brgenton. I did iapt know the other. We met them not far from Tuplln's gate. I didn't see Millman after that. My husband ancf I went home to> gether. I know a person named Morrison. He w?s with us. I saw no one else. My husband and I walked home together. While on the road some one Called my husband. He told me it was William Millman. I didn't see anjy peirson. Then I went home. My hilsband is the sexton of the Church. We got home between nine and ten. I remember the next Tuesday etfening. My husband was at the Church. He got home at 1 1 o'clock. I was examined at Cnftoh. My husband said it was five minutes to eleven when he sat down, tliat's what it was by my husband's watch. We live two miles from the Church. ■ My husband was walking. On Wednesday he was away to Thomas Mnhnan's. <>osS-examii ed- by Mr. Hodgson— I didn't se^ MaiV go out after I told her Mflhttafis message. I did not see her again that Evening. It was after dark when we Ith home on Tuesday to go to John Paynter's. It was about sun- down on Sunday that Millman came to our house. We live a mile firom Tuplin's. It would take us half an hour to walk there. We live two miles firom the Church. John Tuplin went to our house the day after the girl was missing. Edward Warrkn (sworn) Examined by the Attom^-General— I live at the head of the Southwest RiVer, I have mills there. I know where the Mud Road comes out at the shore; also \^ere the water fence is, and wh«re the iSouth Creek is. I remember the day Maty Tuplin was lost. I was home that evening after sundown, in my own house. I Went out just before going to bed — ^about ten o'clock. I heard a shot just as I stepped out of the door. I thought it was a gun shot. It was quite a sharp sound. I supposed, at the time, that the shot was at South Creek. I heard nothit^ else that I took notice of. I don't suppose 1 would have heard a shot in the house. I always wind the clock just before going to bed. I remained out a minute or two, and then Weht in and woufid the clock. It was then just about ten. I khow the the prisoner. I saw him the following Wednesday at Kensington, and had a conversation with him. He asked me if I had heard that Maty Tu^Hn was foiind. I replied that I had not, but that I heard that she was missmg. He spOke of meeting her father on the road, and that the ^ther was afraid ait had beeii made away with. He said that he had Wn accused of making away whh her; and further, that two boys had said they saw him in the woods; but ht was home all the evening, except while he went to the river to bathe — and tnen he went right back home. I noticed his appearance at the time. His fkce colored as he spoke those words. I had no ftirther conversation with him. Cross-examined by Mr. Hodgsoh — It was about ten o'clock that I heard the stidft. John Mann (sworn)— Examined by the Attorney-General— I live at Irish- town. I know Millman. I have been in his company. I remember the 28th Jane last. I was in his company a week before that. I saw him goin^ down the road the Friday before. He was going towards the shore — the North sea —29- t that Mill- iday before. usinefis was. i I went to d. We cot i siek ; also sage for her lat William ry, William :?" I said, did not see ', Archibald m Tuplin'6 It hometo- saw no one .d some one n't lee any lurch. We ;ning. My sxamined at e sat down, esfrom the to Thomas ir I told her after dark about sun- mite flrom two mile6 the girl was 1— I live at >re the Mud I wh«re the s home that [oing to bed le door. I osed, at the that I took ^ I always or two, and I k^ow the it and had a Ta^Hn was issSng. He raid ^e had laking away woods; but bathe — and time. His 'sation with I heard the ive at Irish- !)er the 28th goin|r down e North sea shore. John N. Evans and James McLellan were with him. The three were together. I went along with them. A revolver was flrecl as we went along. I thought Millman flred it. I saw the smoke. Millman was on the right side, John N, Evans next. I next and McLellan next. We were walking abreast. I saw the smoke. I jumped round and said it frightened me. John Nathanial Evans laughed, We talked about shooting. John Nathanial asked Millman if he had got cartridges. He said he had. He got them at Sumraerside last week — he conld get none at Kensington. He said that he had with the pistol sent a ball through a three-inch plank and stuck it into a tree. I said it must be a good one then. We were still walking along. 1 went as far as Ready's forge— they went right along. I saw no more of them that night. I went to school with Millman. Cross-examined by Mr. Hodgson— I believe it was Millman who flred the shot. Alexander McKay (sworn) — Examined by Mr. Peter's, I am a constable. I was not examined before. I " ' 'ested Millman. I re- member the time Mary Tuplin was missing. I joined in the search the following Sarurday, with Thomas Cameron and Donald Cameron. We got a boat from John Cameron, and landed first on Hiram Thomp. son's side. Then we crossed to the opposite side, near the water fence. When we were coming to the shore there were three other parties coming along. One of them, William England, picked up some- thing like a piece of cotton and threw it down again. They came along then to where we landed, and Thomas Cameron went aud picked up the handkerchief, [handkerchief shown.] That is the handkerchief. We saw tracks between the edge of the marsh and the edge of the water. The substance of the shore. I judged to be more clay than said. It appeared to retain the track quite plainly. Out side further it was softer, and a track would not remain long. We saw two tracks. They, were diflTerent tracks, but both right foot tracks. We took measurements of the tracks. [Two sticks shown. Takes shortest stick in hand]. That is the length of the shortest track. There was a half sole track — the length of which is marked , on the stick. We measured the track of the heel ; also the sole in the widest part. [Boots shown.] The stick is the same length ; the measurement of the heel agrees, also that of the half sole. The measurement of the track corresponds with the boot ^n every respect. The total length of the sole is 9| inches ; .the half sole 6| inches ; the width of the sole 3i inches ; heel 2J inches. [The other stick shown.] That is the full length of the other — the larger track. It is I04 inches ; heel about 2^ inches, width of sole between 3J and 3i inches. I gave the sticks to Thomas Cameron, who delivered them to Dr. Macneil. I know Frank Power. I got a pistol from him about the middle of August. I took a memorandum so that I would remember it. There was the name on the barrel Alexis. There was numbered under the heel of the stock (6278. Pistol shown.) This is the pistol. It is the pistol I got from Frank Power. When I got it, it had three full cartridges and two empty shells in it. It Is so now. I did not take the cartridges out. I delivered the pistol to Detective Power. The letter ' H " is visible on the butt of four of the cartridges. On the other it is shattered. When I got the pistol it was rusty, as it is now. I have no doubt that this is the pistol I got from Frank Power. I arrested Millman at his father's house — the day after the body was found ; afterwards I drove him to town. Charles Somers came with us. I had not much con- versation with him. I cautioned him to make no statement to me when I arrested him. He said, when coming to town, that he was not gnilty , but that he guessed that before the trial was over the guilty —30— I party would be found. He also said that Muttart need'nt think that he was trying to hide his face from him when he put up the hand- kerchief to his face, for his nose was bleedinjEt at the time. Richard Rkady (sworn) — Examined by the Attorney General, I am a Justice of the Peace, I know Millman, but not Mary Tuplin. I re- member when she was missing. I saw Millman about that time. He was at my place on the evening of the 30th June. He was in my house. He brought a horse aud wagon. Patrick A. Power was with him. Millman came into the house. He said this is a great scrape that's got up now. I said. " What's that, Will? " He said one of Jonn Tuplin's girls went away on Tuesday night, and they blame me for knowing something about it. He said he was told if he got a person to come before me and give an affidavit that he was with him on that night it would clear him of the whole thing. I explained that if I took the affidavit it would make me liable to a penalty of $50 and imprisonment. He then asked me if he would take Patrick Power to Tuplin's and tell them that Power was with him, I advised him to do so. I believed his story. I took it f orgranted that it was a fact. That was all that"passed. Cross-examined by .Mr. Hodgson — I am one of the magistrates in this suit, I remember being \a the woods on the Sunday before she was found. I went down through the Mud Road. On coming back, the man that was with me — J( hn Campbell — drew my attention to a smeli. He was walking in advance, he turned round and asked me if I smelled anything. I answered him that I did not at that time. He then turn- jed round to me and we began to search where the smell came from. After looking round, I came right over where the smell came from. Itdidn t look like blood- It was kind of a grayish-dark color, and all covered with flies. I thought some dead animal had laid there. I saw a big top of a tree near. To the Attorney-General — I did not think it was blood. A dead sheep would cause the appearance of the ground and the smell. I thought it was a dead animal. still think so. Benj. Bryenton, Sr. (sworn) Examined by Mr. McNeill — I live in Burlington, about a mile from the head of the Rivep. I remember the time Mary Tuplin was missing. I assisted in the search on Snuday and Monday. We searched the head of the river. I was down on the Thursday after the murder, and before the body was found. I went down about half -past nine. John Tuplin wanted me to go down and see if I co'ild find the girl. I was about fifteen yards west of the the w, ; ' ca, 1 remained there till between twelve and one o'clock. I »j 10 . uj pipe that night. It might be eleven o'clock or half fa :.■: . J. e* .;ot tell the exact time. I was in John Cousins' boat. h. -.3 -p re she was ? back, the to a smell, f I smelled then turn- 2am e from. !ame from, lor, and all sre. I saw 1. A dead e smell. I I — I live in lember the nuday and (vn on the i. I went down and est of the le o'clock, ck or half sins' boat. I took it vas a nice I saw no heard the body was the other ht of the about ten )ne called s on the day night •■ I was in Alexandkr McKay (Constable) recalled.— To Mr. Hodgson— When I arrested Millman, I got him at his father's home, attempt to escape. I had my breakfast there with him. Court took recess. He made no Peters. — One evening We noticed a smell — it AFTER UECKS8. Jabez Tuplin (re-called)— Examined by Mr. 14 or 15 men were searching in the woods, was near the Mud Road, on the north side. We searched there, but found nothing at first. All left but James Bentley. of Margate, who remained with me and searched till we found a rabbit's head partly covered up by turf and leaves. It was near Fred. Davison's line. The smell came from that. We exaflnined it with sticks, then left it and went home. Sttff-Commander Wright, R. N. (sworn) — Examined by Mr. Peters. — I am a Staff-Commander in Her Majesty's Navy. I have a knowledge of fire-arms. (Revolver chamber, "shells and bullets produced.) The bullet would certainly fit the shell. I don't think there is room for doubt that these balls could be fired out of this cartridge. The butt of the bullet seems to be almost an exact fit. This bullet could be fired out of this shell. There are apparently three concentrict rings in the butt end of this cartridge. There are three rings on the base of this bullet. The same three rings are in the cartridge. Either of these bullets could be fired out of this shell. (Another revolver shown.) This cartridge could not be fired out of this revolver. Cross-examined by Mr. Hodgson — A bullet that had the same calibre might have been fired from that cartridge. I don't know that the rings are peculiar to any cartridge, nor do I know the way the Ameri- can manufacturers number their pistols. Thomas Colson, (sworn)— Examined by the Attorney General. I know the prisoner. I was in Summerside in June last. I remember when Mary Tuplin was lost. I was in Summerside the 18th June. Joseph Schurman drove me. We left Summerside about 4 o'clock. I saw Millman while in Summerside. I met him in the jail yard, and also at Dan Noonan's. Joseph Schurman, Millman and I were together at one time. I don't know the exact place. Schurman said, " I think it is time I was going home," He asked me the name of the young man who was with me. I said it was Wm. Millman. That was about 4 o'clock, We went straight home. Dan Noonan's is a tavern in Summerside. While there, Millman took a bottle of Whiskey. He stole it. I parted with Millman about 4 o'clock. T left him on the street. It was on Saturday, the 18th of June. Millman was into Mr. Campbell's. I did not see him going into a store. I have not had any conversation with him since. I live about a mile and a half from his father's. I know him well. Cross-examined by Mr. Hodgson. — I drank some whiskey in Sum- merside that day. I did not count the number of glasses. Schurman had no whiskey. We drove in Mr. Pillman's wagon. I did not keep any account of the whiskey I took home in the wagon. I took no whiskey. It was brandy. I had three pints of brandy. Before we left Summerside we had about a glass a piece — about two drinks apiece, We bought by the bottle. I did not get tight. To the Attorney-General— We arrived in Summerside about one o'clock and left about four. We were both qu ite sober. I never saw Joseph Schurman intoxicated. He was not intoxicated that day. I wasn't. Joseph Schurman (sworn)- Examined by the Attorney General— I live at French River. I am a farmer. I remember being in Summer- il i. ;i —32— side with Colson on tlie 18th June, before the girl was missing. It was on Saturday. We got to Summerslde about noon. We parted when we got to Summerslde. I know Wm. Millraan now. Colson told me it was him. I saw in Summerslde, Colson, Wm. Millman, and I think Wm. Cameron. I had seen him before and I asked Colson who he was. He said, " Will Millman. " I had seen him in a shop that day before — I believe it was at David Rogers'. He was standing at the counter, and there was a clerk at the counter, and there were cartridges between them. The cartridges were revolver cartridges. I did not see other goods on the counter before him. lie was dressed in a dark suit, brown straw hat with a cord on it.. Afterwards I saw the same per- son with Colson and I asked ColsAn who he was. Colson, and I asked Colson who he was. Colson replied. "Will Millman. " 1 started for home with Colson, and got home before dark. Cross-examined by Mr Hodgson — I did not say that Millman bought cartridges. I paid no particluar attention to him. The cartridges may have been exa\nined by some one else. I know Mr. Rogers of Summerslde. He is in attendance here. To the Judge — I see the prisoner in the box. That's the man. To the Attorney-General — Mr. Rogers was not there Ben.i. Bryenton (sworn) Examined by Mr. Peters— My father's name is Benjamin Bryenton. We live at Burlington, Lot 18. Last summer I worked at Lot 9. I was round home last winter. I went to Colman, Lot 9— on the 22nd June— before the murder. I know William Millman. but have not known him long. I know John Tuplin and his family — the older ones not so well as the younger. Also know the Power boys. I have known them about a year. I know Frank Power. Last April we traded about a revolver. I had the revolver. I had it about two months. I got it from Russel Adams. It was a five chamber breach-loading revolvor. It was thirty-two calibre, and had a black handle with carving on it ; I don't know the maker's name. The name " Alexis " was marked on the barrel. I mind seeing a nun- ber ; but don't know what it was. [Revolver produced,] The han die is exactly like it. The name " Alexis" is on it; also a number. It is exactly like the one I had. I traded the revolver with Frank Power. He gave me his watch for it. Frank Power got a few cartridges from me. I got the cartridges at R. T. Holman's. Summerslde. [Witness produced cartridge.] This is like cartridges I gave Power. It had the letter " G "on the end of it. It is out of the same box as those I gave power. (Mr. Peters here produced cartridges.) They were not like this. They were of a different make, though of the same calibre. To Mr. Hodgson — (Witness here produced cartridge)— I have brothers older than I am. Saturday, Jan. 28. Daniel Ready (sworn) — Examined by the Attorney General. I live at Irishtown. I know the prisoner. I always went to school with him, and have known him nearly all his life. I remember when Mary Tuplin was missed. I saw Millman on the ith of July, coming out of Mr. Thomas Power's. It was Monday evening — the day on which Mary Tuplin was found. When I saw him first he was going into Power's house. I had no conversation with him then. I spoke to him after he came out. I bid him the time of the evening. It was pretty near dark. He jumped in the wagon with me. He said it was a bad job about the Tuplin girl, f told bim I was surprised when I heard that he was blamed for it. He said he could prove that he was in the house when the light was seen on the river and the splash heard. That was Thursday night. He said he was home on that night. He did not mention Tuesday night. He did not say anything about Tues- —fus- sing. It was parted when Ison told me and I think who he was. ay before — I counter, and ges between not see other a dark suit, he same per- andl asked 1 started for Iman bought le cartridges '. Rogers of ! man. My father's ot 18. Last ter. I went ler. I know John Tuplin Also know know Frank ! revolver. I It was a five ire, and had iker's name, eing a nun- The han die tnber. It is ank Power, ridges from [Witness tver. It had X as those I ey were not ime calibre, e)- I have Jan. 28. eral. I lire school with when Mary ming out of on which i going into I spoke to g. It was said it was ed when I ;hat he was lash heard, night. He ibout Tues- day night. He said it would be kind of hard if he had to stay in jail tili winter to stand his trial. I said he would do well if he got clear then. He wondered if he could get bail. He said Walsh got ball. I said it was a worse deed than Walsh's. He said time will tell what to do. We had some conversation about Walsh. He told me he had been in Charlottetowu, and that he had not slept for nearly a week ; that he had not been to tea, but he said nothing more about Mary Tuplin. I sai(i to him, " she's found.'' He said he heard It as he came from town. He said he expected to be arrested before morning. I under- stood why. I suppose he understood, too. James Rkady, (sworn)~Examlned by Mr. Peters, I live in Irish- town. I have lived there all my life. I know William Mlllman ; have known hlra since he was able to walk. I was not acquainted with Mary Tuplin. I did not hear that Mary Tuplin disappeared till Friday. I went down to the search the day her body was found— on Monday. I walked down to Warren's mill. I went down after I got my break- fast. The body was not found when I got there. A raft was made but I did not go on it. I stopped at the mill a while, and then I heard that the girl was found. John Adams and I then took the boat and crossed over to Hiram Thompson's Point. A good many persons were present. William Mlllman was not there, nor were any of the Mlll- man family that I saw. When I saw the girl first, she had boots on. I think McLeod took them off. They were handed to me. I saw the stone that was tied around her. (Stone shown.) That is the stone which wa8 delivered to me on the night of the inquest. I was fore- man of the Coroner's jury. The Inquest was held at Mr. Thompson's Point. Witnesses were examined. I didn't see the handkerchief nor the pistol either. I couldn't tell when I saw Mlllman before the in- quest. I did not see him after. I asked them who took the rope off the body. They told me it was Mr. Rubin Tuplin. (Rope shown.) That's the rope. I took It home and kept It in a box till I delivered It to the Clerk of the Court. FiiANCis Power, (sworn)— Examined by Mr Peters— I live at Long River. I am a brother of Thomas Power and Patrick Power. I know William Mlllman. I have known him for about four years. I owned a pistol. I got it from a young fellow by the name of Benjamin Bryen- ton some time in April. I gave him a watch for It. I got two cartrid- ges with It. When I got It from Bryenton I flred one shot in his presence and another in the presenee of Larkins. I afterwards got another cartridge and flred it in the presence of Mlllman. I never bought any cartridges. The pistol was 32- calibre. Its handle was black and carved. The name " Alexis " was on the handle. I didn't notice a number at the time. (Revolver shown. ) That Is the revolver I had. I have no doubt of It at all. That's ray revolver. I kept the revolver till about the middle of May. The prisoner (Mlllman) got the revolver from me. He asked me what I'd take for the revolver. I told him I'd take no less than $3.50 or $4 for it. This was at our house. He came down to our house that night, played the fiddle for a spell, and when he was going away asked me whether I would let him have the revolver. He said he had no money ; but he wanted to shoot a dog belonging to William Campbell; and, after he had done so, he would see whether or not he would buy her. I gave her to him. I next saw the revolver on the 30tli day. of June. Millman took it out of his pocket and gave it to me. It was behind the house. He told me to tell no one he had her. He came to the window while I was getting my dinner, and beckoned me to come out. I went out. We walked around to the back of the house, and he took out the revolver and gave it to me. He told me to tell no one, but to come and do the road, as he i I ■ ill: m I ■if: i'^i -34- wanted his share of the money, for he vvasgolnj? to town to writ J' hn Tuplln for his character and to fee E. J. Hodgson, for out of nine criminals Hodgson had declared seven. I said : " You are no crimin- al. " He said : "I lad. I was uld not fall Simon Dodd Fhizzi-r (sworn)— ExaminnI by Mr. McNeill. I live !it Clifton, about a mile and a half from Mar .-ate. I am a sou of John Frizzle. I am a farmer. I am slightly acquainted with John Tupllu's fjunlly. I have been In their house twice. I remember John Tupllu's son being sick. I remember the time Mary Tuplin was missed. I don't recollect when the boy died. I was at Tuplin's house before the boy died. It was on the 22nd June. James Muttart was wltli me. We had been at Kensington that night. We drove to Tuplin's to see how the sick boy was. Tuplin's gate was open when we got there. We drove up to the door. We saw John Tuplin, his son Jabez, and George ProHt. I spoke to the crowd. 1 said -Good night," and " Well, Jabez, how's the world using you?" He said, " not too bad," I next asked how the boy was, and was told he was no better. Mr. Tuplin said the boy was very low, and we could'nt see him. I was smoking that night at Tuplin's door. George Profit lit the pipe for me. Several matches were used up trying to light the pipe before Profit lit it I think Jabez went into the house while we were there. I don't know what he went in for. Before he came out we drove off. The only thing we went there for was to find out about the sick boy. We went home from Tuplin's. Cross-examined by Mr. Hodgson. — I am slightly acquainted with John Tuplin. I thought he knew me that night. I did not mark down the date of my calling at Tuplin's. It was a week before Mary was missing that I called. It was on a Wednesday. My sister told me it was the 22iid June. She was the only one I asked about the date. Edward Warukn, (re-called) — Examined by Mr. Peters. — I know Alice Connolly. I understand she is a first cousin of the prisoner. I don't think she is on the Island now. She was here en the 28th June. She was examined before the Magistrates. I don't know James McLellan. W. A. Weeks, (sworn)— Examined by the Attorney General— I am the Clerk of the Crown. (Pistol shown.) I know this pistol. It was given me on the 18th August by Detective Power. It was a little rusty when I got it. I think she was half-cocked. I had to get a gunsmith to fix the pistol, so that the chambers could be moved. There were three chambers loaded and two fired. We could not open the valve till the pistol was put in a vice. We had to hammer two of the three bullets flat at one end before we could get them out. One was flattened more than the others. The pistol looked as though it had been rusty for some time. The rust came off on the paper around it. The pistol cylinder would not tevolve when I jot it. It was perfectly solid and stiff. I have no doubt but that this Is the pistol I got. I also got a knife, handkerchief, and pair of boots at the same time, (Articles Identified..) I also got two bullets from Dr. McNeill, (Bullets shown.) These are the bullets. They have never been changed since I got them. They have always been In my possession, under lock and key since then. Court adjourned. , AFTER RECESS. ' Alexander McKay, (re-called)— Examined by Mr. Peters, — I know Alice Connolly. I believe she is a relative of Millman's. She is at Brighton, outside Boston. Her mother and step-father told me so. I saw a letter from my sister-ln-law, who Is In Brighton. I think that letter could be got now. My slster-ln-law's name Is Mary Cameron. Alice Connolly left the Island between thd middle and last of August. I saw her about a week before she left. I heard Alice Connolly was in Brighton f ron her mother and step-father, and by the letter from my sister -In-law. *!• ' r -38- Thos. McKinlay, (re-called) — gave the court some further inform- mation concerning the plan of the scene. The Attorney-General here announced that they would rest the case of the prosecution for the presont. Mr. Hodgson, aslced for twenty minutes for consultation. The court granted the request. Monday. January 30. The "ase for the defence was opened this afternoon. The Courtroom was crowded. About half-past three o'clock Mr. Hodgson began his address to the Jury. In opening he said that in a few days more the duty would devolve upon him to again address them, his remarks on the present occasion would be brief. He would not now ofi'er a single word of comment or argument as to the naturcjof the evidence adduced or the demeanor of the witnesses while on the stand ; but when he next addressed them he would discuss all these things. After said he, we have put our witnesses on the stand, and heard what they have to say, it shall be my duty to give a connected history of the case. Then I shall not be so reticent. Till then I ask you to bear with me. There are three questions before you. (1) Was a murder committed ? (2) When was it committed? (3) Was it committed by William Millman ? Unquestionably a cold-blooded murder has been committed. That you know. The counsel for the Crown has addressed you upon the matter of the jurisdiction of the Court. That question is not one which will likely require any consideration at your hands. I, however will not ask for the prisoner's acqultal on any technical groudd ; but I will meet the case exactly upon its merits. The real question for you to decide is : DID WILLIAM MILLMAN, THE PRISONER IN THE DOCK, KV L MARY TUPLIN ? That is a question which you are asked to consider ; not to enquire as to who did the deed. Is the evidence sufficient to tell you that Millman did it ? The counsel for the Crown has told you that it is proper to con- vict upon circumstancial evidence. That is right. Now in circum- stancial evidence there must be a complete chain of evidence. If one link is broken, that ends the matter; and there will be but one course to pursue. When I next address you, you will have all the evidence grouped together and the weak links in the chain pointed out. One of the links in the chain of circumstances with wich the prosecution have endeavt ■( ad to connect the prisoner, is contained In the evidence of the girl Doiethy Ann Adams. She said that on the Tuesday evening of the murder a boat crossed the creek, ^n the boat was a man whom she took to be Millman. Now, in this connnctiou, time Is very import- ant, and we must be exceedingly careful about it. Many the man's life has hung upon ten minutes— your verdict will depend upon minutes. When I asked her about the time she saw the boat and the man, she said that before she went down to the field to milk she looked at the clock, and saw that it was Ave minutes past six. She said that It took her about fifteen minutes to gather the cows, and when I added the two together I find that it makes exactly twenty minutes past six. Now, the person who crossed In the boat twenty minutes past six WAS NOT WILLIAM MILLMAN. I will put his father, mother, sisters, and brothers on the stand to show that he was in his own home at the time the boat was seen crossing, The statement has been made, and no doubt has reached your ears, that at the preliminary examlniatlon old Mr. Millman fainted while giving his testimony, and that after his recovery he again took the stand and swore to that which was dlrecly opposite to what he had furtljcr inform- fl rest the case tion. r. January 30. riie Courtroom son began his lays more the is remarks on V ofler a single idence adduced but when he After said he, they have to ry of the case. bear with me. ;r committed ? tl by William en committed, sed you upon ion is not one s. I, however froudd ; but I stion for you lARY TUPLIN ? enquire as that Millman proper to con- w in circum- mce. If one It one course the evidence ed out. One prosecution the evidence (sday evening 1 man whom very import- he man's life >on minutes. ie man, she >oked at the 1 that it took I added the es past six. past six band to show m crossing, ! your ears, linted while in took the hat he had i —89— previously said. This statement Is correct. The old man mis-under- .stood the question which was put to him, and thought he was asked about Wednesday instead of Tuesday. lie saw ills mistake, and at the time corrected it and explained his error. VVhon you see him here on the stand, not one of yo'i will think tliat he went tliere to perjure himself. It is a good man's case to make a mistake. For instance, look at Shreenan's evidence to-day. You all know how he made the mistake in dates, and how he corrected himself. But the case does not rest on the Millmans' testimony. We have other evidence to olTer which will prove beyond a doubt that the young man's hands are clean — that . ■ HIS SOUL IS NOT STAINKJ) Wll H Hl.OOI). You heard the witnesses fix a certain hour for the Firing of the shots. All agree that it was after ten o'clock. George Profit s.iys it wa.s after ten o'clock when heheardthem; sodoesthe other man. It was also after ten when VVoodside heard tlie shots and the screams — which he so aptly descrii)es as one prolonged shriek. He, however, heard but one shot; the second must have come after he had started up his horse, and the rattle of the carriage prevented his hearing it. Woodside, from his position on the other side of the river, could have heard the shot much better than the others, as sound travels further and more distinct- ly over an unobstructed watercourse. He, hafi, at the outside, but a mile and three-quarters to go to reach his home. He dnjve briskly, aud he tells you that when he reached there he looked at the clock and saw it was twenty minutes to eleven. It is a hard thing to rememiier, looking at the time on a clock or watch unless one has done some certain thing, or been at some certain place by means of which the circumstance can be fixed on his mind. In Woodside's case he had been at a lecture, and that fixed the circumstance in his mind. Now WHKRE WAS MILLMAN AT TEN O'CLOCK THAT NIGHT. We can prove that he was a long distance from the scene of the mur- der at that hour. I will prove that Millman was at his own house on that night at ten o'clock, and that he was also at his own house at the hour when the girl Adams saw the man whom she thought was he, tie the boat. I will put the liev. Mr. Ileagh on the stand to testify concerning the church meeting that night. This meeting was held in the church at Irishtown. and was for the purpose of making arrange- ments for the holding of a pic-nic or tea party. After the meeting the place v:as locked up. Mr. Reagii saw the prisoner's father and mother leave for home — one mile from the place. In Ave or six minutes after they left, Mrs. Keagh and Mrs. Evans drove away. Mr. Ileagh then left the chureh and walked with Evans to where the latter lived— between 300 and 400 vards away. There Mr. lieagh found his horse tied. He untied it and t .,k it to the well and watered it. The two together took the horse out, took it to the stable and put it up. After that, he went into the house. Mr. Ueagli had been regulating Evans' clock, and on being asked what time it was, said it was seven- teen minutes past ten. Mr. Reagh had since gone over this ground, put up his horse as before, and did it In thirteen minutes— going more quickly than on the former occasion. When Mr. and Mrs. Millman arrived home from the church, Mrs. Millman remarked that it was time to go to bed ; but the husband suggested It would be better for her to set the bread before she went. Mr. and Mrs. Millman jogged along quietly on the road, and did not look at the clock when they got home. Mr. Reagh had got his watch from Dr. McKay and regu- lated It every day, getting the correct time from Mr. Clarke, at the Railway Station at Kensington, where it is received from Toronto I; 'tPSv I 4( - each morning. Bryenton's watch was, on the contrary, a standing joke among the people. It is fearfully and wonderfluly, made and has been known to gain upwards of three quarters of an hour in less than a week. There was nothing like it in the heavens, on the earth, or under the earth ; and Bryenton swore by it. Indeed if he had his way he would have everything regulated by his celebrated Waterbury watch. Then there are the footprints on the sand on the shore of the Soth-west River. These are important, and Constable McKay, in measuring them as he did, showed an amount of detective ability very creditable to him. He took careful measure of the heel and sole, even noting the fractions of the inch. Mr. McKay has told you that these tracks were made some distance from where the tide rises and falls, and therefore could not easily be effaced. There was not an intelligent man present but believed THOSE TKACK8 WEKE MADE BY THE GIRL'S MURDERER. We will show you that the tracks in the sand, and which have been so carefully measured, are about an inch smaller than Millman's boot. (Here Mr. Hodgson went to the dock, and obtained one of the prison- er's boots, measured it in front of the jury ; the measurement was just one inch smaller than the boot.) I shall show also, by measuring the prisoner's bare foot, that it is longer than the track. This case is bristling with circumstances to which I shall not refer now, but will deal with later. Just one word however, about the evidence of the man Somers. With regard to his testimony, we will put members of the Grand Jury on the stand, and they will swear that he told them when examined that he could not even then swear it was IMillman, when he saw him. Then again the prosecution have put in a good deal of evidence about a wagon which was met on the road. They got hold of a wagon but it is the wrong one. Before the case closes I shall put witnesses on the stand who will tell something about another wagon who will tell you what they saw that night. When I next address you I shall go through all the details of the case, but for the present I re- frain from doing so. THE EVIDENCE TAKEN. Rev. Thomas B. Reagh (sworn) — Examined by Mr. Hodgson — Irishtown Church is one of my mission churches. I was at a meeting in the Irishtown Church in June last, I remember being there distinctly. It took place on Tuesday 28th, June. The meeting opened abomt 8 o'clock. I am acquainted with Mr. and Mrs. John Millman. They are parents of William Millman. They were there that night. I don't remember when they got there. The meeting was called for half-past seven o'clock. I rememlier the fact of Mr. and Mrs. Millman leaving. They drove. The Church is about a mile from their house. Mrs. Reagh was there — it was a meeting of the ladies of the congregation. I had my horse and carriage there. My wife and Mrs. James Evans drove away with my horse and wagon. They started about five or six minutes after Mr. and Mrs. Millman left. They went to James Evans'. Mrs. Reagh and I stayed there all night I left four cr five minutes after my wife and Mrs. Evan.s. Mrs. Evans lives 300 or 400 yards from the Church. After speaking about the prospects of the tea, I walked to Mr. James Evans'. I walked an ordinary gait. When I got there my horse was hitched to a post which supported the clothes-line. We unhitched the horse, took him to the well and gave him a drink. It was a well with a windlass. We had to let the bucket down. We then took the horse to the barn and got a rope to tie him with. Mr. Evans had to get a line. While he was getting the line I got Tuesday, January 31. R. B. Norton, (sworn)— Examined by Mr. Hodgson — I am a hard- V. I a standing V, made and hour In less n the earth, ' he had his I Waterbury shore of the McKay, in ability very d sole, even that these es and falls, n intelligent RER. ave been so man's boot, the prison- ent was just easuring the rhis case Is DW, but will 3nce of the members of told them as Mlllman, in a good They got iloses I shall ather wagon address you resent I re- >n — Irishtown he Irishtown Dok place on im acquainted iam Millman. i there. The le fact of Mr. ibout a mile the ladies of afe and Mrs. ted about five ames Evans'. lUtes after my n the Church, fandes Evans', ched to a post ik him to the V e had to let a rope to tie the line I got inuary 31. I am a hard- —41 - * the harness off. Then we fed the horse and some other cattle. Then Mr. Evans went round the barn, and got straw to bed the horse. We started for the house, taking the articles in the wagon with us. We went into the house, and either my wife or Mrs. Evans' wife said it was late. Some of them asked what time it was. I looked at my watch. It was between lo 15 and 10.17 o'clock. I can't accurately state the time, because I only had the watch for a fortnight. I had been going to the station for several mornings to get the time. I was regulating Mr. Evans' clock at the time. It would take us from fifteen to twenty minutes to walk from the chureh and do what we did Ijefore we entered the house. On a former occasion we did the same thing in exactly 13 minutes. I timed the performance — only that we rode the first time; the horse trotting a little and walked the last. I remember the time particularly on account of the after events. I heard that Mary Tuplin had disappeared, and that my sexton (Bryenton) was suspected. I h^ve tried to regulate Bryenton's watch, and have broujf ht it down so that it would not gain over half an hour a day. Tliere was some joke connected with the sexton's watch. It is a standing joke with some of the congregation— "Mr. Bryenton's watch." I don't know what time it was when we left the church. Mrs. Millman was at one time rather melancholy — something of a religious melancholy— judging by conversa- tions I had with her. She absented herself from Chnroh on several occasions. It was a source of great anxiety to the family. Cross-examined by Mr. Peters— [Witness produces his watch.) This is a little fast now— she gains a little. At the time I speak of I had her only a fortnight. I set her by the station clock allowing for the difference between local and stan- dard times. Mrs. Sudsbury was at tne meeting. I think her husband came for her. I don't think he was at the meeting. I looked at my watch before the meeting broke up. I am not prepared to say that Bryenton's watch did not agree with mine on that occasion. I know Mr. Sudsbury. He lives a mile or a niile and a half from the Church. The meeting lasted between an hour and a half and CTto hours. I didn't begin to calculate the time of the occurrences on that evening till about a fortnight or three weeks ago. The idea of the time had been on my mind ever since. I began to think some time after the murder came out. It might have been Wednesday or Thursday after the murder. The prisoner was tlie first to tell me that Mary Tuplin had disappear- ed. He did so on the next day (Wednesday) between eleven and twelve o clock. I was driving home in company with John N. Evans and him. He didn't at first t&!) i;-.o that he was charged with causing the disappearance of the girl; but on the way we met John Tuplin, who called him aside, and when the prisoner returned he told me that John Tuplin had told him that he had agreed to meet the girl on Tuesday evening. He said that Alice Connolly had lold Tuplin. Millman said it was not true, or something lo that effect. 1 then asked Millman where he was last night. He said he was down to the river bathing. That after he bathed he sat down for a little while, then he went home. He said he bathed alone, and that he was at home when his father came ba/Ck from the meeting. I was at the station sometime after the murder, and spoke to Reubin Tuplin. I don't recollect that I told him that the prisoner and Nathaniel Evans were in the same house as I was on the night of the murder. I certainly did not do so. I was not in the house wiih them on that evening. I might have been with them on another evening. Millman is a parishioner of mine, I had a conversation with him (before the murder) respectmg Mary Tuplin. I asked him whether he had anything to do with that girl. He said '^No.' I believed him. That was some few days before the murder. There were at the meeting : Richard Payn- ter and wife, John Profit and wife, and I think one of his boys, Mrs. Thomas Millman, William Evans and his wife, Mrs. John Sudsbury, and John Paynter and wife. I can't call to mind any others. I don't remember that any of the Bryenton's were there except Thomas. Jas.Evans and his wife,Mr.and Mrs. Ives, and William Profit were there. Thomas Bryenton and, 1 think, John Paynter, produced their watches that evening. We wore looking to see how the time was going. I think it is likely I toi'l them the time by my watch. Thomas Bryenton would have heard what I suid it was, John Millman lives about a mile away. It woxild take him from fifteen to twenty minutes to go home. I am quite positive I'm right about the time. At ten o'clock I would be at the Church door— out in the air. If shots were fired I would have heard them. It was a clear night. The meeting had been in some fifteen or twenty minutes before we lit the lights. I couldn't swear whether the blinds were up or half down. It was just getting dusk when the lights were lit. Mr. Sudsbury lives about a mile or a mile and a half from the Church. The meeting broke up about ten o'clock. It was a moonlight night. The moon was giving a good light. Millman was in the Church the Sunday after the murder. I did not see hfm to speak to after the Wednesday following the murder. He told me on that occasion that Thomas Bryenton told him about the girl's disappearance. I asked him what the girl said when he saw her on the previous Sunday evening. I -42- w i it IV.- He said she didn't blame him. I didn't ask him where >Tathaniel Evans was that evening. I didn't know at the time where John Nathaniel Evans was on the evening of the murder. After the meeting closed Mr. John Millman and his wife left for home, in four or five minutes. It was a few minutes past ten be- fore they left for home. Tuesday, January 31. R. B. Norton, (sworn)— Examined by Mr. Hodgson~I am a hard- ware merchant in Charlottetown. I sell pistols and amunition for pistols I have in slock and on hand ammunition for a 32-caIibre pistol. (Car- tridges produced.) I have one here marked "H." The bullet would show these rings. We sell of this kind from 8.000 to 10,000 a year. Cross-examined by Mr. Peters — W« sell by numbers. (Cartridge produced.) The ball taken from that cartridge would show them rings. Tliey are all inadebjr the Winchester Manufacturing Co. The ball produced is not exactly the same as that in the pistol. We have some that have no rings on them— by a different maker. (Cartridge produced.) This is by a different maker. It could be fired out of that pistol. Cartidges fi*om the same maker have different marks. John Millman (sworn.) — Examined by Mr. Hodgson. I am the father of the prisoner. I remember Tuesday 28th of June. On that evening I was at a meeting at Irishtown Church. 1 left for tho meet- ing about seven o'clock. My daughter said, before we were ready, it is twenty minutes to seven. That was before we began to get ready. It would not take us more than twenty minutes to get ready. My son was home when I left. He was at the door when we started with the wagon. He had on his working clothes, no coat. He had a black felt hat. When I drove away, 1 left him there. It is a mile to the church. I didn't look at my watch when I left the meeting. We stood talking two or three minutes. Then T untied the horse and came right home. It would not take over ten or fifteen minutes to drive home at f uthest. I drove on that evening as I usually do. When I got home the gate was open. We drove right on to where I put the wagon in. My wife went with me, and then walked up to the house. I would not be over five minutes unyoking and putting the horse away. When I went into the house William was just going out of the kitchen tnto the hall to go to bed. He had no coat or boots on. He sleeps up stairs. I don't remember whether or not the lamp was lit when I came in. My bedroom is down stairs. My wife went into a room to take off her things. When she came out again I had to go down to the granary after a bag of flour for my wife to set some bread. My granary was not locked. I got the bag, put it on my shoulder, went into the house and emptied it into a barrel. After that my wife went to work to set the bread. Then we talked a minute or two and then went into bed. I sat by the stove and smoked my pipe. I heard the clock strike eleven while I was smoking. When it struck, I had been smoking quite a little while. It was nearly twelve before I went to bed. I felt chilly, and kindled on a little fire. When I left to go to the meeting, I left home Mrs. Nelson Evans (Elizabeth Jane,) Williafn, John Bradford, (who is about 17), Mary Eliza, she is about 15; Johanna, about 1?, and Maud, about 12, and David Reagh, about six years old. I was ex- amined before the magistrates. At the examination I made a mistake about the evening. I thought the magistrates were asking me about Wednesday evening. I didn't notice when they began to ask about Tuesday evening. I was not strong when the examination wa^ h«.'d. I am quite sure that my wife set the bread before eleven o'clock. I was not so closely questioned at the lamination as I am now. I was not asked about the details of what we did on that evening. John Tuplin was at our house on Wednesday evening. Cross-examined by Mr. Peterb.- Mr. John Tuplin came to ask about ; ii aniel Evans was b1 Evans was on Milliuan and his utcs post ten be- January 31. —I am a liard- tion for pistols e pistol. (Car- let would show year. IS. (Cartridge Id show them •ing Co. The iol. We have r. (Cartridge red out of that Dark.s. )n. I am the une. On that b for tho meet- vere ready, it to get ready, eady. My son arted with the ad a black felt to the church, stood talking le right home, me at futhest. home the gate I in. My wife lid not be over en I went into tnto the hall up stairs. I came in. My to take off her > the granary y granary was nto the house ) worlt to set ^ent into bed. k strike eleven )king quite a I felt chilly, oeeting, I left hn Bradford, about 1?, and 1 • I was ex- ide a mistake ;ing me about to ask about on wap hi'd. jn o'clock. I now. I was ening. John to ask about —43— the girl, and if I knew where my son was on Tuesday evening him that I was away at the meeting, and that before I I tolil left he hid been talking about going to the river to have a wash. I had not heard about the loss of the girl before Tuplin came. I don't remember whether I heard about the loss of the girl througli the day or not. I told it at the examination as well as I could enumerate them. I would not remember as well now as I did then. The statement I then made that I got home between half-past ten and eleven is. as near as I can tell, correct. When I got home, the children were all in bed except a little girl (Mary Eliza,) who was asleep on a bed, and William. The first I saw of William on that evening, he was going out of the kitchen into the hall to go to bed. I believe that the rest were all in bed and asleep. William said " good night, da." and went to bed. He was in his shirt sleeves. His pants were dark and he had no boots on. I do not know why William did not go to the church that evening. It was a ladies' meetirg. I got up next morning about seven o'clock. I do not know where V\ illiam went next morning. He ate his break- fast and went to work. I don't remember what he went at. We went to the meeting about seven o'clock. We were there before the meeting went in — quite a little while. I don't remember who was there when we got there. I stayed out a few minutes talking to William Evans, and, I think, to William Paynter. It was a small meeting — not many there altogether. Mr. Richard Paynter and his missus, and Mrs. Thomas Millman and her boy drove from James Evans' with us. We were all on the road together. The only person that drove with me was my wife. After the meeting was over, we stopped talking to William Evans and Thomas Bryenton. My son has a brown straw hat. I would not like to say that I would know it if I saw it. (Hat produced. ) That looks like the hat. There was a string around it. I don't know the color of the string. I call that a low-crowned hat with a narrow rim. I know John Nathaniel Evans. He lives up at Irish- town, near the church. Don't remember that I saw him on Wednesday. I dont know that my son went to see him on Wednesday. I was not down to the shore on Wednesday. I won't swear that John Nathaniel Evans was at the shore on Wednesday. I don't know wether I could see the boat where she was moored or not. I always heard she was moored there. My farm dosn't run to the short-. I don't re- memV>er seeing the boat moored. My son said he had a notion of going down swimming before he went to the church. I don't know how he came to talk about it. He first said he had a notion of going down for a wash that evening. I dont know who was present. He told me afterwards that he had been down to the shore. I don't know whether he told that or not. I swore to the truth as I knew it. I won't swear that he did not tell me. My son generally goes to bed about nine or ten o'clock. I never asked William why he was up so late that night — he never told me. William did not come out to help me put the horse away, nor to carry the flour in. There wasn't much Are in the stove. It was cold that evening, though it was quite a fine night. I kindled up the Are. There had been fire on ; it was down low and I just kindlecyt up. I never asked my son where he was on the evening the murder wa^committed, nor has he ever told me. John Tuplin blamed him when he came to my house,but I did not ask my son where he was that evening. I didn't ask him, because I did not think but what the girl would turn up. I thought my son was not guilty of that. I don't know that I had any particular reason to ask him. He was home when I left and was home when I came back, and I thought there was no need to ask him. Tuplin said the girl left a little after nine o'clock. I didn't knov. that ray son had a revolver. He used to have some old -44 — r !'i m W 'I i^ I 'ti or not he had anythnjg one word about her. )' They were not at my 1 murder) that I know of. neaday or Tliursday. T day. He went to see about t" > sc» anything about it. He asked me if things around. Nelson Evans found a revolver up on our granary. I can't toll whether or not it belonged to William. I did not know that he had another revolver. He did not tell me that he borrowed one from Power. I told the magistrBte that my son had a toy revolver. I never saw him with a pifjtol cartridge. A small revolver was pro- duced at the examination. I did not know whether or not it belonged to William. I asked him nothing ahout the revolver after the examin- ation. I have not talked to my family as to where William was that night. I did not speak to John Bradford, or to any other member of my family, nor to my knowledge, anyone else. I do not know that my son put his boots to dry that evening. His boots were off. I don't remember whether I saw them that evening. I think he wore shoes. He generally wore a pair of brogans. I can't swear whethe r or not he had on the brogans on that evening. I never asked my son whether V ith Mary Tuplin. I never asked him '.i ^ Cousins Girls— Lily, Jane and Mary, u .^ Wednesday or Thursday (after the I dont know where my son went to on Wed- i«w he went to town on the following Mon- he told me. I didn't ask him ivi liaun't better go and see. I told him I thought he had. He didn't remember anything about the Power Boys. I never heard anything about the Power boys from him. I heard about Patrick Power's evidence at the examination. I never asked him whether or not it was true. Will told me that one of the Power boys was wi«h him on that night, or one night. I don't remember what he said about it. When he said this I was home. This was before the examination and after the girl was missing. I don't remember whether I asked him or he said it himself. It was outside our own place that he told me. I think it was in the afternoon. I don't remember the day he was doing his road work. I don't know that he and one of the Power boys had a job together. I remember the time I was at Clifton Court, I was there both before and afternoon. I don't remember what time I went to the Court. It is most likely that I talked the matter of the time we got home from the Church with my family. I can remember the time without talking it over. I don't remember when I first talked it over with my family. We talked something about it with Mr Beagh — the day before yester- day. I don't remember that I talked it over with him till the other day. Mrs. Nelson was at my house that night — no one else but the members of my family. I had no conversation with Mrs. Nelson Evans about the matter. Johanna Millman (sworn) — Examined by Mr. Hodgson — I am a sister of the prisoner, I remember the evening my father and mother went to the meeting in the Church in June last. I was outside and did not see them go. I saw Will about. He had no coat on. I don't know what sort of a hat he had on. I didn't see him go away. He said he was going to have a bath. I went to bed about dark. I didn't know when either father or mother or Will came home. My eldest sister's name was Elizabeth Jane. She woke me up when they came home. Maud and I sleep together. We did not wake up in the night at all. ^ Cross-Examined by the Attorney General — After my father and mother went away, the other members of the family were about home. I don't know what time they went away. I went to bed at dark. John Bradford and Mary Eliza were up in the house when I went to bed. William was not there when I went to bed. I don't know where William was when my father went away. I did not Hi 1! 3ur granary. I not know that borrowed one toy revolver. )lver was pro- ">ot It belonged ter the examin- liara was that er member of know that my J off. I don't e wore shoes, sther or not he son whether ver asked him ane and Mary, flay (after the nt to on Wed- llowJng Mon- idn't ask him o and see. I nything about It the Power v^idence at the as true. Will t night, or one »e said this I the girl was lid it himself, t was in the 8 road work, job together. i both before le Court. It t home from Ithout talking ;h my family, efore yester- ;ill the other else but the Mrs. Nelson son— I am a and mother outside and on. I don't > away. He rk. I didn't • My rldest 1 they came ^e up In the father and about home, idark. John ent to bed. lon't know I did not —45— see William again that night— nor my father and mother either. We keep o'lr flour in the pantry. I don't know whether bread was baked or set that night. I don't remember whether it was made next morning. There was no fresh bread for breakfast. I didn't see bread baking going on next day — I was at school. I saw William next day when I got up. I saw him in the bed asleep. I was in the same room. I dont know whether Bradford was there. William was In bed when we had breakfast. Maud went to school with me. We all usually have breakfast together— all but William. I don't know what kind of clothes William had on that day. (Hai produced.) That is William's hat. His was one like it. I don't know how long he had it. Court took recess. AFTER RECESS. Johanna Millman. — Cross-examination resumed by the Attorney General — I don't remember hearing any conversation in our house about Mary Tuplin. I saw John TupUn speaking to my father at the barn on Wednesday. On Monday my brother was in town for the lawyer. This was the day the body was found. Jane ("ousins was at our house that night. 1 did not see William in conversation with the Cousins girl that night. Lucy Evans and others were also there. Bradford was at Thomas Millman's weeding potatoes that day, and when he came home he said the girl was found. No one present said anything after he told this. William was in bed late on Wednesday morning. He was in bed after we all had breakfast. He was there when I went to school that morning. Mrs. John Millman (sworn)— ^Examined by Mr. Hodgson — I am the mother of William Millman. I remember the meeting at Irishtown church. It was on the 28th June. It was twenty minutes to seven before we decided to go. My husband thought it was rather late to go. My daughter looked at the clock and told me it was that time. It was Mary Eliza who looked at the clock. I washed my face, combed my hair, changed my dress and got ready. It was about seven o'clock when I was ready. William was home when we left. I spoke to him before I left. The meeting was to arrange a picnic. I asked him if we took a share of the table would he assist us. When we got to the meeting there were some people there. Mr. Paynter's people and Mr. Mill- man's went ahead of us. Mr. Paynter said he thought we ought to be at the meeting then. I don't know the time the meeting broke up. Ah)Out 3 or 4 minutes afterwards we started home. It would not take us more than ten or fiftee. minutes to get home. When I got home I went into my bedroom. My second daughter was lying in bed there, and I woke her up. I took off my things there. Perhaps I was eight or ten minutes there. VVhen I came out I saw my son in the kitchen. He was not there when I went in. He had his coat oft and boots on. He took of! his black felt hat and hung it up. It Was the same he had on when we went away. I saw him take oft his boots and put teem back against the wall. He then went to lied. I then set bread. There was no flour in the house. My husband brought it in from the outside build- ing. He set it down on a chair and emptied it into a barrel. It would take me about fifteen minutes to set the bread. After I set the bread I washed my hands and tfilked for a while to my husband about the meeting. The clock is in my bedroom. I then went to bed, leaving my husband sitting at the stove. I don't remember hearing the clock strike after I went to my room. I did not notice that there Was ai\ything the matter with my son's boots. I was asleep when my husband came to bed. I saw my son next morning. We were done breakfast when he got up. We had breakfast about six o'clock. I was up- stairs next morning. William's socks were lying on the side of his bed. '~' were not wet. He wore shoes that night. I h They r.: ;.t 'V t i 1,; ; I IB —46 - Cross-examined by the Attorney-General. I remenibtr the 29th June last. It was on Tuesday — the day before we went to the church meeting. It must have been about seven o'clock when we left. \\'e began to get ready about twenty minutes to seven. Mr, Reagh has been in charge of the church for some years. He has been very little at our house. I thought we got ready in twenty minutes by what we had to do. Mr. Reagh or Mrs. Reagh were not at the church when we got there. I don't know the time we left the Church, nor what time I got home. That's a fact. We live a mile from the Church. Never heard it called two miles. We had no delay when going home from the meeting. I don't remember speaking to any one in particular. We did not drive home very fast. We did not walk the horse all the way home. My hus- band took charge of the horse when we got home. I saw no one in the kitchen when I got home. My daughter and the little boy were in my room. The boy's name is David Reaujh — called after our minister. I know John Sudsbury. I saw his wife at the meet- ing. I suppose it was sometime about half-past ten when we got home. My husband heard the cloclc strike eleven when sitting smoking after I went to bed. He told me so next morning. Wm. was standing in the kitchen when I came out of my bedroom. I was about eight or ten minutes in my bedroom. He was in his shirt sleeves. There was no light in the kitchen when I first went in. Who- ever says William was sitting at the stove toasting his feet, says what is not true. There was no fire in the stove, I don't think my husband put on a fire. I doi't know whether he did or not. I was cold. The night was chilly. If my husband did not light a Are to warm himself, he did not do it for any other purpose. I did not warm myself. I have no recollection of a Are in the kitchen on the night of the 28th. The water I used to set the bread was not warm ; it had just the chill out of it. I noticed no person light the fire while I was setting the bread. All the members of the family, except William, were up to breakfast at the regular time that morning. Sometimes Willian stayed in bed when we (^d not call him up. The bread I set on Tuesday night was eaten that week. I have no distinct knowledge. I saw John Tuplin at our house on the 29th. He was talking to my husband at the barn. I went out when I saw them talking. When I went out I heard him describe about his children seeing a man in the woods at six o'clock the night before. He asked where our son was the night before. We told him he had spoken about going bathing. He also asked if my son had any money. I said I did not think he had 25 cents. He said he had seen him with Mr. Beagh, and asked if he was going after his daughter. I don't know what time William came home on Wednesday. He had breakfast with us. I did not have any conversation about the girl I heard on Wednesday at noon that the girl was missing. At 4 o'clock that afternoon John Tuplin came. I spoke to William the day after Tuplin left. He asked what John Tuplin wanted. I said I supposed he wanted him. He asked what he wanted him for. I told him what Tuplin told me. He said he new nothing about it. He told me he had been at Tuplin's house— [ asked him. Tuplin told me it was last winter he was there. My husband was present at some of our conversations. On Thursday I had another conversation. Mrs Evans was not there. The others were I think. I cannot remember the exact words. It was about taking the Tuplin girl away, and about the people blaming him for coaxing her away. I never heard Mary Tuplin's name till she was lost. I did not hear Tuplin raention AUice Connolly's name. I don't remember hearing It. Alice Connolly is a first cSusin to William. She left for Boston after the examination last summer. I never spoke to her after the examination. The murder may have been spoken of once or twice after that. My husband may have been present. I asked ^:^%s- T he 29th June last, meeting. It must o get ready al)out he church lor some we got ready in Reagh were not at ft the Church, nor rom the Ciiurch. ing home from the lar. We did not / home. My hus- saw no one in e little boy were called after our ifc at the meet- ten when we 5 eleven when next morning. f my bedroom, rasin his shirt went in. Who- eet, says what nk my husband vas cold. The warm himself, myself. I have he 2«th. The the chill out of ng the bread. ► to breakfast stayed in bed lay night was John Tuplin d at the barn. I heard him at six o'clock t before. We ked if my son !. He said he ing after his n Wednesday, ion about the J. At 4 o'clock he day after id I supposed )ld him what )ld me he had as last winter onversations. as not there. 3rds. It was blaming him 5 till she was ime. I don't ViUiara. She rer spoke to >okenof once tit. I asked -47- William where he was that night after I returned home from the me- eting. He told me he had been down bathing. They often went bath- ing. I asked him next day and he said he had been down batliing, and had come home long before we came. It was in the presence of the family, probably at the breakfast table. He told me he had been sit- ting on the front doorstep smoking before we had come liome from the meeting. He had smoked for a year before that. He was not toa- sting his feet at the stove that night that I know of. On the 28th my son had a grey woolen shirt, black vest, checkered pants, and wore shoes. He wore a black felt hat. (Brown straw hat produced.) I won't swear this is his. He has a brown straw hat. I think there was a cord around it. Mrs. Nelson Etans (sv^orn) —Examined by Mr. Hodgson— I am a daughter of Mrs John Millman and a sister of the prisoner. I rem- ember my fathsr and mother going to the meeting in the Irlshtown Church. Mary Eliza told them before they went that if they were going it was time they were getting ready, as it was twenty minutes to seven. They then got ready. It took them about twenty minutes to do so. William was there then. He had on a grey, flannel shirt, and black felt hat; don't remem- ber the pants. I heard mother ask him if he would take any part in the tea if she would take a table. After they left I saw him again. He went through the front door. He had no coat on. He said he was going down to have a bathe. I did not see him or my father and mother afterwards that night. I went to bed at dark. I dont re- member my father or mother coming home from the meeting. Cross-examined by Mr. Peters — Bradford was home that everting. He was down to the river before Will went. I don't kpow where Will went when he went out; he said he was going for a bath. I went home to Irishtown next morning. I saw William on the stairs that morning. I did not see him any more that day. He told njp he had been at the river. I was in the kitchen when he went out the front door. I saw him in the kitchen before he went. I did not see him afterwards. He may have put a coat in the hall before he went out. When I saw him last he had no coat on. Sometimes his coat hangs in the hall. Maky Eliza Millman (sworn) — Examined by Mr. Hodgson — I am a daughter of John Millman and a sister of the prisoner. I remember ray father and mother going to the church meeting. Father said it was too late to go. I looked at the clock and told him it was twenty minutes to seven, and that there was time enough. It was about seven o'clock before they were ready to start, as both had to make changes in their clothes, and the horse had to be got ready. Before going, I heard my mother ask Will if he would assist them if they took a table at the tea party. I saw him about ten minutes after they left. He was in his grey shirt sleeves, and had on a black felt hat. That shirt was a woolen one. He said he was going to the river to bathe. I saw him leave the house. He was in his shirt sleeves. I was in my mother's bedroom. I saw him outside the house and he had no coat on. I laid on the bed in mother's room and went to sleep. My mother woke me up when she came home. I went up stairs. I did not notice a light in the kitchen as I went through. I did not see my brother Will then. After I went up stairs I heard my brother talking. This would be about a minute after I went up stairs. I heard him talking when he was going up stairs. I don't know what time it was when my father and mother came home. William sleeps with his brother Bradford. I saw William next morning after I had breakfast. > ) I I ! ' it r llfi Cross-examined by the Attorney General. — It was before sundown when my parents went to the church meeting. It took them about twenty minutes to get ready. I don't think it took half an hour. All the family except John Bradford were there when they left. They Were all in the kitchen when William left to go to the river to bathe. I did not hear him say he was going bathing more than once that even- ing. I don't know what time my parents got back from the church. My brother had a soft black felt hat on when he went to bathe. He had two felt hats. He had shoes on his feet. His shoes were home when I left. I heard they were in Charlottetown now. They are brogans. I think it would be about five or ten minutes after seven when William went out. All the family except William were at break- fast next morning. Sometimes he did not take breakfast with us. I first heard Mary Tuplin was missing on Wednesday afternoon. John Tuplln called at our house that day and was talking to my father and mother at the barn. The body was found on Monday. William Evans was there on Monday. Leila Ann Cousins was at our house, I think, on the Thursday after the girl was missing. She had tea there. All the family were at tea. William was there. He finished his tea. Mrs. Evans was not there. Petizie Cousins was there, too. She lives at the shore. Mrs. Nklson Evans (re-called.)— Examined by Mr. Hodgson— I heard of the charge of murder against my brother. I did his washing. I examined his clothing carefully. I washed them on Monday. There was no sign of blood or anything of that kind on his shirt or apy other article. Gkorge McLroD (sworn)— Examined by Mr. Hodgson — I live at New London, I remember the 28th June. 1 was at Clifton at a lec- ture that night. I did not look at my watch when I came out. I went straight home from the lecture. I heard two pistol shots when I was abi%ast of McKay's south line, on my way home. When I heard them, the sound appeared to be in the direction of Long River Church. They were fired in quick succession — some five or six seconds between each. It was a very calm night. What little wind there was blowing was towards me. I looked at my watch jshortly after hearing the shots and saw that it was ten minutes past eleven. One of the shots was sharper than the other. When I left the church I walked about half a mile to where my horse was all ready for me-. We delayed here about five minutes, and we had driven about three miles and a half when I heard the two shots fired. It would be between three quarters and an hour after I left the lecture when I heard the shots. I drove as usual ; did not force my horse any. I am sure of the time it was when I looked at my watch. The lecture was started when I got there. by Mr. Peters— I don't know how long the lecture say positively that the lecture lasted over an hour It would be about eight o'clock or a little after, I don't know whether or not Paul Thompson was at the lecture that night. I was about four miles away from the South-west River when I heard the shots. GKORCiP B. McKay (sworn)— Examined by Mr. Hodgson— I was at Prof. McLean's lecture at Clifton in Jun6 last. It was out about ten o'clock. It took about an hour to deliver it. It was near nine before it began. I know where Andrew Woodside lives. It is about two miles and a half from the church. I don't remember seeing him or his son at the lecture. Cross-examined by Mr. Peters.- The lecture began considerably Cross-examined lasted. I cannot after I got there, when I got there. —49- jfore sundown ►ok them about f an hour. All ley left. They river to bathe, once that even- )ra the church. t to bathe. He es were home low. They are 88 after seven were at break- cfast with ns. ternoon. John ' my father and William Evans house, I think, tea there. All 1 his tea. Mrs. She lives at r. Hodgson— I id his washing, londay. There rt or apy other son— I live at ;iif ton at a lec- came out. I tol shots when When I heard River Church, conds between •e was blowing firing the shots the shots was ed about half B delayed here liles and a half three quarters lots. I drove ;he time it was I when I got ig the lecture i over an hour a little after, hompson was vay from the son- 1 was at )ut about ten .r nine before j is about two I seeing him or considerably after clhad just come home fi'om the States. I never saw the son before. He was in the house when we came In. He changed his boots and socks Avhlle I was there. I can't say he resembled the prisoner any. He had a black moustache. I don't know that he is on the Island now. The wagon drove towards Yankeetown. Cros.s-examiiie(l by Mr. Peters. — I drove straight to Bryenton's. I left home after sundown. It is about seven miles to Bryenton's. It took me about an hour and a half to get to Bryenton's. I cannot tell when I got to Bryenton's. A little girl, and the man Mrs. Bryenton said was her son from the States, were there. Mr. Bryenton did not come into the house while I Was there. 1 die', my business with the wife, in Bryenton's absence. I was there about an hour. The girl was middle-sized I don't know her name. Benjamin Bryenton lives at Burlington. Burlington is in Lot l8. I live in Princetown Royalty, opposite Lot l8. By the time I got to Harrington's farm, where I saw the wagon, it was not many minutes. I don't think it was the Bryenton boy who was in the wagon, as he was in the house when I left. I got within about twenty or twenty-five yards of the wagon. It was headed up the road. First when I saw it the horse's head was towards Harrington's gate. I saw some one moving about the wagon, and I thought some one was going in the gate. The wagon was not standing still long. My horse was four years old. I did not stop on the way to Bryenton's. 1 cannot tell how many people were in the wagon. I don't know who were in the wagon, where they came from, or what they were doing when I saw them at the gate. I cannot remember when I first told about my seeing the wagon. I never told it to the Millman's. I was told I was brought here about some conversation I had with MiUman and with Rev. Mr, Reagh. I saw the young man take his boots off. I sleep with my boots off. Some times I sleep with my socks on. I don't know that I would know the young man if I were to see hlra again. We had some conversation. John Bradford Millman, (sworn.) Examined by Mr. Hodgson. — I am a brother of the prisoner, and live with my father. I remember the Irishtown meeting. I saw my father and mother go to that meet- ing. William was home when they went. I saw him about five or ten minutes after they left. He was going towards the barn. He was coming from the house. I had been down bathing that afternoon. It was after that my father and mother left. William had a black felt hat on when I saw him going towards the barn. ly^^^OfPi^w ! fi i t;-^ I li; Slfe' fl —50- whothor he had ii c )at on or not. I dltl not sen hliii iif;aln that niirht. I went to bed al)out (lark. Willhun (tlie prlson.ir) sloi'ps witli nu;. I saw William next niorninf;. I was up Mrst. [ have my brother's shoes here. (Shoes shown.) These are they- I swear to them. Cross-exandned by Mr. Peters.- I rememl)er the iveniiin of Tuesday, the 28th June, well. I don't know what time father and motluir went to the meetln.jjf. My brother was jj;f>ing towards the l)arn when I saw him. I don't know that he had a coat on. The barn was not in the direction of the river. I was down i)atldn.i; that afternoon. I swam below Thomas Mlllman's point. James Millman, rhouias Millman's son was with me We saw two or tliree men (li,ir;j:in}; l)ait on Iliram Thompson's shore. They were there wlien we left for home. We were th(^rc perhaps half or tliree quarters of an hour. We saw a boat or scow across where the men were digifinj;. It was no trouble to see across the river to Tliompson's; but it was somewiiat dlfllcnlt to see up the river. I saw no boat across tlie river wldle I was there. I don't now remember tlie time I got home froni bathin.i;. I must liave told what was true at the preliminary examination wlien I said I got home about half-past six, and that some memlier of the fandly told me it was at that time. James Millman is home; he is 1(5 years of age. I did not see William come to bed that night. I don't know what time he came to l)ed. I was down to tlie shore when the iiody was Sound, To the best of my knowledge, I was not down before. I did not hear William tell anyone 1o go down on Wednesday morning. He went away about 10 o'clock I think he went to see John Nathaniel Evans. I did not tell any person that William had gone up to Underhill's corner. I remember meeting John Tuplln on the road on Wednesday; but did not tell him my brother had been up to Underhill's corner that morn- ing. I did not see ray brother going out I was back of the barn when my parents went to the church on Tuesday. I saw them go, but don't know that they saw me. If they looked back they could see me after they passed the barn. I never asked my brother where he had been that night, or if he had a pistol. I knew he had a small pistol but not that he had a large one. He might have had one and I not know it. I never heard him talk about the Power boys. My brother had several pairs of boots. He has a long-legged pair, these, and the pair he has on. I wore these shoes after my brother had been taken away. I never wore them before, because he wore them himself. I showed the shoes to Mr. McKay and Detective Power, while I had them on. This was in the summer time. They asked me to let them take the mearurement of the shoes, and I did so. To Mr. Hodgson — I know James Evans who lives near the church. He is now laid up. He was kicked by a horse. (The boots worn by the witness, and the shoes he identified as i)elonging to the prisoner, were here measured by one of the jurors. The witness' boot was between 114 and llg inches In length ; and the prisoner's shoes 10^ inches. ) Thomas A. McLean, (sworn) — Examined by Mr. Hodgson. — I was a member of the last Grand Jury, and remember James Somers being examined before us. He told us that on the night of the murder he saw a man sitting in a clump of bushes by the roadside : that this man had ferns about his neck and a brown hat before his face. I understood he did not see the man's face. Cross-examined by the Attorney General. — When Somers told us he did not know Millman, we did not offer to produce him. I understood he did not recognize the man in the bush. I don't recollect that he ^ ijis he saw Millman after his arrest, but he may have said so. Ki9i>ii^f\ was not, that I know of, asked if he ceuld identify Millman if he wai^ V^^S^t before him. iln that ul<;lit. »H witli uu'. I brotlicr'.s slious .'III. Ill; of Tiiosdjiy. inotlMsr went I'll when [ saw was not ill tlie looii. I swam nas Millinan's )ait on Hiram or homo. We \Vt' saw a boat trouble to .see (iiJHcnlt to see was there. I I must Iiavo n I said I got family told me mrs of age. I lovv what time dy was Sound, did not hear He went away liel Evans. I jrhiU's corner. ;sday ; but did »er that morn- of the barn ' them go, but could see me where he had a, small pistol one and I not My brother these, and the a been taken n himself. I r, while I had ae to let them the church. ^ots worn by the prisoner, ess' boot was s shoes 10^ Igson.— I was Somers being he murder he le: that this his face. I 3rs told us he I understood •llect that lie ave said so. y Millman if -61- .To' ..vDroii!) MiLi.Mw, re-called — (Long-legged boots shown) - Tliesc .Hi- my brother William's working boots, Mr. Hodgson liere said this dosed the case for the cicfeiice. AFrKU KKCKHS. Til«)». B. IlKAOic — Ke-t'.vainliied by Mr. Peters — '^Vatch shown) That Is Uko the watch Brvcnton had. It is called a s',> . s watcli His watc^li was always from iialf to three-ciuarters of an hour fist. 1 can- not remember any time when it agreed with mine. I'KTKii M. BouuKK (sworn) -E.Kamlned l)y the .Utorney (leneral. I was foreman of the Grand Jury. I rememi)er James vSomers, l)eing examined before us. He said that on the 2Hth of June he was passing Tnplin's and saw a man sitting by the side of the road near there with Ills hat a little to one side, and with ferns round his neck ; and that he but looked at him for a second or two. Ho said he saw MlUman afttsr his arrest, and thought lie was the man he saw sitting on the roadside. He said he ni'ver saw him till his arrest. It was not sugu;ested i liat MlUm be ))rought up before the jury for the witness to see hliii. Gi '. I'KAKK (sworn) — Examined by the Attorney General. I was .. ..iber of the Grand Jury. I remember James Somers being examined before us. I think he told us he was on his way to church at Margate; that he saw a clump of trees a little oft" the road ne.ir Tuplln's and by these trees a man was sitting. This raan had his hat a little aside and ferns around his neck. He said he looked at the man but a few seconds. I don't think It was suggested that Millman be brought up before him to indentify him. Maurice Blakk (sworn) — Examined by the Attorney General. — I was one of the Grand Jurors this term. I remember James Somers, being before us. He told us he had been driving his wife to HlUman's but left her at some house on the road. In passing near Tuplln's he saw a man whom he did not know stttlng under a bush with his hat to the side of his face next tlie road, and with ferns around his neck. He said the man was about his (Someps') own height and description. He said he saw Millman after his arrest, and he thought his descript- ion answered to that of the man he saw on the road. I dont think it was said that Millman would be brought into the room before him. Edward Warren (re-called) — Examined by Mr. Peters. — I rem- ember seeing Thomas Bryenton on the day of the murder. I saw Ixis watch that afternoon. (Watch shown.) It was something like this. Bryenton was in my mill when I saw the watch. We compared watch- es to see if they agreed as to the time. There was but a minute or two between them. I told him my watch was about correct. He was going to the church, and wanted to know the correct time, so that he would be there in time. Thomas Bryenton (re-called)— Examined by Mr. Peters— (Watch shown.) That's my watch. I left it at Taylor's to get raendod. I broke the hair-spring. It is the walch I had last June. I bought her about the 13th April. I saw Mr. Warren in his mill on the afternoon of Tuesday. I showed him my watch and saw his. There was not over three itiinutea between my watch and his. To Mr. Hodgson— I gave $5 for the watch. George Profit (recalled) Examined by Mr. Peters — I remember seeing Wm. Millman on the Thursday evening after the murder. He was at the Black Horse. Wm. Underbill was present when I talked to him first. When he drove lip he asked about Daniel Profit and George. He then asked if the girl hb.d been found. I said she had not. I told him they had made up their minds to search the river. He stopped for a minute and then said: "Are they?" He then told lis he left home about six or half-past six on Tuesday night to go bathing and that he returned home by the line between Richard Paynter's and stayed there a spell; that he came to his corner and stayed there another spell; and that it was between ten and half-past ten when he got home. ^ - ' • .- II 1! !■, I !< I' 1; n im m ■ ■ ii , I IflM :',■!■ I '1^ r , ■ i —52— To Mr. HodKson— I never aaw Millman with a watch to my knowldcgc. lie dtd not tell me he had looked at the clock. ALEX. McKay (recalled)— Examined by Mr. Peters— 1 found the two tracks on the shore. I don't know that I got the whole length of che largo track in tliu sand. 'I'he imnression at the toe was not clear. I will not say I got the exact metsnre of this track. The impression of the heel was deep. The ball of the foot was plainly indented in the sand, but the too was not. The small track looked like a flat one, and appeared plain. (Prisoner's shoe shown.) The heel of this shoe is the same measure as that of the track in the sand. The meas- urement of the track at the ball of the foot is about half an inch smaller than that of the shoe. The action of the tide should cause a little sand to fall into the track. The track appeared to have been there some time. The big track showed as clear as the small one, with the exception of the toe. I measured all the track I could see. The mea jure is a correct one of what I saw. To Mr. Hodgson— I thought I had the right measure of the track when I took it. I never stated that I allowed for the toe in the measuring. At this stage of the proceedings the Attorney-General asked for a postpone- ment in order that he might be able to produce witnesses to rebut Alexander Thompson's testimony. The court granted the request and ordered a postpone- ment until to-morrow at eleven o'clock. Thursday, February 2. Mrs. Bknjamin Bryanton (sworn)— Examined by the Attorney General, i live at Burlington Lot 18, I remember the night of the 28th June. 1 know Alexander Thompson. He lives at Malpt-que. He was at my place on Tuesday night. He arrived after dark. His daughter was with him. My son James was in the house, also Alice Bryenton, Ella Bryenton, and William Bryenton. James was home during the whole night. I am positive of that. Thompson appeared in a hurry. My son was there when Thompson left. It was twenty minutes after nine when Thompson left. We had both a watch and a clock in the He was there about twenty minutes. Thompson came for cabbage plants. He got them, and told me he paid for them ; but when I looked I found that he had given me five cents and two cents instead of six- teen ceuts. My son took off his boots. Thompson was there when he took them off. Cro&?-e.xamined by Mr. Hodgson — It was about nine o'clock when Thompson came. He went away without seeing my husband. He got the cabbage plants. He came out in the garden with me while I pulled the plants. It was a moonlight night, but I wanted the lighted lamp and pine torch, I had in order that I might pick the best. His daughter was in the house while we were in the garden. I looked at the watch and clock after Thompson came. My husband was at Hillman's that night. I heard the Irishtown church bell ringing that evening. I can- not say what time it was when the bell rang, as I was after the cows, and did not have a watch with me. The sun had not set when Thomp- son came. The lamp was lit. Ellrx Bryenton (sworn) —E.'^amined by the Attorney General. I am a daughter off the previous witness. I remember the 28th June last. I know Alexander Thomspon. He and his daughter were at our house on that night. They came after cabbage plants. My brother Jamas was in the house while Thompson was there. He did not go out after Thompson went. [Mr. McKinlay was here re-called and gave some additional par- ticulars relitlve to the scale of the map distances, &c.] . A good deal of discussion here took place about the measuring of the prisoner's boots. Juryman Frizzel was directed to take the meas- urement of the boots (gaiters), and the bare foot. The bare foot with sock on was shown to be lOi inches ; the boot 11 inches. One of the Jurors asked Constable McKay to measure the width of . the boot the prisoner wore. It measured within an eigth and a quarter of the track in the sand. knowldcge. lie (1 the two tracks large track in tliu ay I got the exact The ball of the The small track ihown.) The heel sand. The mcas- inch smaller than tnd to fall into the big track showed measured all the the track when I ring. Bd for a postpone- > rebut Alexander dered a postpone- ebruary 2. the Attorney light of tlie 28tli )t-que. He was . His daughter ilice Bryenton, )me duriag the red in a hurry. y minutes after a clock in the ne for cabbage It when I looked instead of six- vas there when e o'clock when isband. He got le while I pulled he lighted lamp t. His daughter ed at the watch Hillman's that evening. I can- ifter the cows, t when Thomp- ley General. I the 28th June Iter were at our s- My brother He did not go additional par- 1 ! measuring of take the meas- bare foot with re the width of h and a quarter —53- MR. HODGSON'S ADDRESS. Thubhday Feb. 2. May it Please Your LoRnsnii' and Gentlemen ok the Jury:— Three days ago I addressed a few words to you In opening the case for the prisoner, but my remarks on that occasion were short, as I laid a restriction upon myself that I would in noway comment upon the case in its various aspects, but would con- fine myself to a bare recital of the facts I intended to prove, and that in closing the case I would enter more fully into the matter. The time to redeem that promise has now come. The hour of the day for my address proves somewhat inconvenient, as I shall be compelled to divide that address into two portions on account of the recess. I will try, however, to stop at such a portion of it that when I resume in the afternoon I shall be placed at no disaavantage. Here I may say that there is no man to whom this lime has come with greater pleasure iban the prisoner at the bar. For over six montlis he has been incarcerated in his cell, CHARGED WITH THE CRIME OF MURDER, and now claims an ac^- iHal at your hands. Rumor has been busy with Its tongue, and sccnial has been busy with many exaggerations in the press, on the street and on tlie roadside. You, In your present position will, of course, forget all this, and In the language of the oath you have taken, will try the prisoner, not according to the asper- sions sought to be cast upon him, but according to the evidence brought before you, and that alone. In the management of this case, I freely admit that the crown law officers have not unduly pressed, by act or statement, against the prisoner at the bar, and the latter has no fault to find with them. Of course we luive had our contests, having to cross swords and flght with Intellectual rapiers. That must necessarily be the case. But the whole case has been managed without any undue pressure. V/e have had a fair and Impartial trial, and my client looks forward with great confidence to an , • acquittal at your hands. He comes in here expecting from you that justice to which he Is enti- tled. The law does not permit hlra to say one word, or, by his evi- dence, to explain a single matter, or to throw light upon a single point however important to him it may be. He is compelled to remain silent from first to last. He may hear people swearing against him, and making statements which he knows and feels to be false, while he. the most interested person in court, can say nothing. Such is the law, and we must deal with the case as we find It. Nob )dy else can have any proper conception of the position of the prisoner at the bar except himself, — the man most concerned In the case before the court. I stand between him and you, just as you stand between him and his life and death. When you were sworn In as jurymen, each of you were directed to look upon the prisoner at the bar, and he to look upon each of you. You were then told that you had to STAND BETWEEN HIM AND HIS LIFE AND DEATH. So I now stand between him and you. On my efi'orts depend the Illus- tration of all the facts and circumstances bearing upon the case against the prisoner, and any forgetfulness on my part may bring disastrous consequences to him. No man, except one in the position of my ellent, knows what It is to be compelled to be continually In the custody of the officers of the law. He can do nothing and say nothing, except In their presence. Great as Is the responsibility which rests upon me, what Is It when compared with that which rests upon you as jurymen ? God has given to each of us life, aud He has the power to take it away. Civilized society has, in the present case, committed to you to this prerogative of the Almighty to take away human life— the preslner's life has been placed in your hands. You have the power to say the word which, being Interpreted, means that this man shall die. You have been sworn in the most solemn manner to do him justice, and you have been precluded from any communication with others which may 3 —64— •■T'; li^ ' influence you in any direction. It is expected that you sliall bring to bear upon this case all the prudence and judgment you posess in coming to a decision as to whether this man shall live or die- I know that you will feel this great responsibility. In nine cases out of ten any injury done to another person can be rectified ; but if you make a mistake in dealing with the prisoner at the bar, your mistake is irre- vocable, for you cannot go to his grave and recall him to life — you cannot place him once more in his mother's arms. Your work will have been done, and that forever. There will, in such a case, be no hope that the ., , BROKEN HEARTS OK HIS PARENTS AND BROTHERS AND SISTERS can be healed or made whole. Great is the power which has been com- mitted to you. But when the silver cord is loosed and the golden bowl is broken they never can be mended again. By the Gospel of God which was pressed in your hands, and which was pressed to your lips, you swore to declare your verdict "according to the evidence": and upon that oath of yours I rest with great confidence, believing, as I do, that it is the strong, bright chain which binds the integrity of man to the Throne of Eternal Justice. I know that in the examination of this case we shall have the most minute examination of all the evi- dence submitted, and that you will listen to every suggestion, every plea, and every consideration in behalf of the prisoner; and that be- fore being called upon to send forth your flat, you will take into con- sideration the liability of man to errors and mistaken conclusions. These few remarks will present to your minds, to a certain extent, the position we occupy in the present case. A few minutes more and my voice will become silent, no more to be heard in behalf of my client. After you have heard the address of the Attorney General, the whole of the responsibility will rest upon your sholders,— a responsibility from which most men would shrink. I freely admit, what no man of sense will deny, namely, THAT A VERY FOUL MURDER HAS BEEN COMMITTED. and that under the most revolting circumstances ; a human life has ' been taken, and a soul sent to its God with all its sins upon it. I do not seek to cover up any of the enormity of this crime, and I am sure there is nobody in this Court who has not felt deep sympathy with those who have been bereaved, and whose triel hats been so heavy and so great. I earnestly hope that nothing I have said, or that I may say, may seem unfeeling or unkind to the father or mother of the girl who is dead. Nothing that has been said or done can prevent me from feeling the deepest sympathy for them, for the great sorrow in which they have been placed. But we must take care that a victim must not be chosen merely because he is found placed under what may be deemed to be suspicious circumstances. We must put aside all personal con- siderations and coolj and camely inquire into this matter. We must deal with it just as a surgeon would with ^ wound or sore, in order to find cut all the facts, so far as the prisoner is concerned. We must put aside all sympathy for the family of the prisoner and the f owily of the murdered girl, and must not allow anything to come between our vision and the facts placed beforeus. I must place before you this matter at some length, in order to lay down some principles to which I must invite your consideration. I shall lay before you the line of argument which will lead to one and ... . ..v . ONLY ONE CONCLUSION. We are here not to ascertain who murdered Mary Tuplin, but to whether or not the prisoner at the bar did so. Does the evidence duced exclude the possibility of his innocence ? When his counsel ad find pro- * % hall bring to ou posess in die- I know ses out of ten ' you make a istake is irre- 1 to life — you ur work will case, be no SISTERS las been com- the golden e Gospel of issed to your evidence" : believing, as integrity of examination ' all the evi- !Stion, every and that be- je into con- conclusiona. 1 extent, the ore and my ' my client. , the whole esponsibility t no man of FED. tan life has m it. I do d I am sure ipathy with heavy and It I may say, he girl who Qi- me from 3W in which m must not y be deemed rsonal con- We must in order to l^e must put wily of the n our vision s matter at ich I must >f argument )ut to find dence pro- counsel ad- I —55- dresses you, perhaps you may think he is only endeavoring to shield his client; but when I lay down any principal of law, I shall take care that 1 state it correctly, and that it will be by you respected according- ly. To mislead in such a case would be unpardonable on ray part. When I speak of any principle of law, I will not use my own, but will use the cool, calm words of judges sitting on the Bench, with their robes of office upon them. I will place them before you as the guide of your conduct, as the rule by which you must measure this ease. I cannot do better than use the words of Mr. Justice Peters, uttered a few days ago, when a case was being tried. The jury were told that as the penalty was a heavy one, they MUST FEEL QUITE SURE OF THE GUILT OF THE PARTIES, and that before they could convict on circumstantial evidence, that evidence must be so clear as to leave no reasonable doubt as to the prisoner's guilt. Suspicions, however strong, will not be sufficient to waiirant a conviction. There must be no "ifs" and "ands" in the que- stion. That was the language of Lord Denman, one of the most emi- nent judges in England, now deceased, and is always quoted in trials of thss kind. I will now read a quotation from Philips, on evidence. It is as follows : " 1 beg here to dwell a little more minutely, on the hardship of re- quiring a prisoner to controvert a train ofiicircumstantial evidence. For, how can a prisoner, altogether innocent of the charge, controvert circumstances, or an account of events, with which he is unacquainted. A man charged with the commission of a crime at a period long ante- rior to the trial, if innocent, and at a distance from the place at the time of its occurrence, can only establish his innocence by one of two methods :— first, by showing a contradiction in the circumstances of the proof itself; or secondly, by establishing an aZt'&t, — that is, by showing that he was at a different place at the time. In regard to the first mode of refuting the charge : if he is ignorant of the facts, if he is unaccustomed to the nature of legal argument, he may not easily confute the chain of circumstances. A premeditated story is always made up so as to bear the appearance of consistency. Men will believe a probable falsehood rather than a singular truth ; and, in regard to the proof of an alibi, if the prisoner does not happen to recollect the day, or cannot, perhaps, recall to mind where he ch.anced to be on that day, he is left without a defence. The proof of a negative Is always difficult, often impossible." Now, gentlemen, that explains in language very clear what the prin- ciple of the law is in reference to such matters as this. Comparatively speaking, I have not much to say respecting most of the evidence produced in this case. There is a vast amount of it which it is not my intention to dispute. Circumstantial evidence is like a chain, made link by link, all fitted together, and the whole must be strong enough to support the claims of the prosecution. There must be no reason- able doubt about any portion of it. I will now quote from the case of Regina vs. White, where it is laid down by Baron Martin, that— ♦• In a criminal case, the Jury, in order to convict, ought to be satis- fied that by the evidence, affirmatively, as a conviction created in their minds beyond all reasonable doubt, that the guilt of the prisoner Is established, and. if there is only an impression of probability, they ought to acquit him." But. in the case of Belaney, in which Gurney B. (one of the ablest and most experienced criminal judges who ever sat in our courts) , concluded his elaborate and careful summing up in these terms : " If you think the case conc/um've, it is your duty to pronounce the I, li'3- ' I; ' ft- id l-^^-i: W i>»^ (' i Hi..; —56- prisoner guilty. But if you think it has left you in doubt, so that yoii cannot safely convict, you will remember that it is better that many guilty men should escape than that one innocent man should perish. Do not fear to give it to him ; for, remember, at the worst, a guilty man escapes, and yoti are not guilty of a judicial murder, as you will be if you convict an innocent man wrongly; for you have no excuse for so doing; since the law says that the accused is entitled to the benefit of a doubt. So that, if you convict while there is any rational doubt, you act in defiance of a well-known rule of law, and may com- mit that foulest of all enormities— a murder under color of law ; where- as if you err in an acquittal, the worst that can be said is, that human justice has miscarried — at least It has not committed a crime. In the one case a murder merely passes, for the present, unpunished ; in the other the most horrible of murders is committed." This, it is conceived, is at once the reason of the rule, and also its only effective and practical expression, and to dispute the practical expression of a rule is practically to destroy it. It is closely connected with another view, for which there is also the sanction of the highest authority — that the quantity of proof or degree of certainty ought to be higher in cases of felony, especially in cases of capital felonies, than in civil cases. In ancient times all felonies were capital ; and the rule applied to all. k It is better that ten gumy men should escape than one innocent man jihould suffer. Such was the language of Baron Gurney. It means, when applied to a case of this kind that you must have the highest possible degree of truth. A case bearing on this point was tried not long ago. It Is not enough to say that all the facts are consistent with the prisoner's guilt. We must ask if they are all consistent with his innocence? The question is not as to whether you think it possible that Mlllmau committed this crime. That is not sufficient. You must consider whether it Is within the bounds of reasonable doubt as to whether the prisoner at the bar did the deed? Looking at the time, as given by the various witnesses, is it within the bounds of reason- able doubt? One man gives the time at which the first shot was fired at one hour, and another man at another hour. When j'ou put these conflicting statements together, and even come to a conclusion upon them the question arises : is it not consistent with the prisoner's inno- cence that he has no connection whatever with this crime? Your verdict will be in accordance with your oath. If you . , PRONOUNCE HIM GUILTY it must only be because it is not possible to find him innocent of the crime with which he is charged. It is with such considerations ki your minds tliat you must dt al with this case. I shall read to you some dicta of Judges of England, who hjive been the sages of the pro- fession of the law. In their words I shall put before you the line of con- duct which you must adopt, and the principles upon which you must act in coming to a verdict in this case. What are the strongest and most conclusive evidence that a statement given by a witness is a fact? Would they not be that the man who made that statement is a truth- ful and reliable man. In such a case you have no doubt whatever that the witness is speaking the truth, and that his evidence is entitled to full credence. In dealing with this case you could only find the prisoner guilty on the best and highest kind of evidence you can find. Even circumstantial evidence must create as great a certainty in your minds as if you knew that the man committed the crime. It must be of such a nature as to lead to a certainty on your part, amounting to the exclusion of all reasonable doubt. There is no de- gree of certainty on the part of a witness as to the testimony which he —57— mbt, so that you stter that many in should perish. e worst, a guilty rder, as you will I have no excuse entitled to the ! is any rational V, and may com- r of law ; where- i is, that human k crime. In the unished; in the le, and also Its te the practical losely connected a of the highest rtainty ought to capital felonies, capital; and the le innocent man ney. It means, lave the highest t was tried not consistent with isistent with his hink it possible ient. You must >le doubt as to ng at the time, unds of reason- t shot was fired n you put these jonclusion upon prisoner's inno- crime? Your innocent of the considerations lall read to you iges of the pro- the line of con- \rhich you must 3 strongest and itness is a fact? aent is a truth- loubt whatever lence is entitled d only find the ;e you can find, irtainty in your ed the crime. r on your part, riiere is no de- mony which he gives. must be convinced in his own mind or his evidence is I will read to you what a learned author says upon this He Worthless, point : — "On the other hand, a juror ought not to condemn unless the evi- dence exclude f oni his mind all reasonable doubt as to the guilt of tlie accuf '., and, as has been well observed, unless he be so convinced by the evidence that he vvoulu venture to act upon that conviction in matters of the highest concern and importance to his own interest : Mild in no case, as it seems, ought the force of circumstantial evidence surticient to warrant a conviction, to be inferior to that which is de- rived from the testimony of a single witness, the lowest degree of direct evidence." Xovv, gentlemen, you cannot be asked to bring in a verdict of guilty against the prisoner at the bar unless the evidence comes up to the standard which the law requires. It might be that suspicion so broods over a man that in your heart of hearts you thought he had committed a crime. You must divest yourselves of all suspicion in the case now before you. When you take upon yourselves to use the pre- rogative of Almighty God in reference to this man's life, YOU MUST BE GOVERNED ENTIRELY BY THE EVIDENCE brought before you, more especially that portion of it which you know is of an entirelj'^ reliable nature. Unless this man in the dock is declared by you to be innocent of the crime laid to his charge, he will be sent to the executioner, his life will be taken from him, and he will be returned to his family a blackened and lifeless corpse. In dealing with this case you must not bring in a verdict against the prisoner unless you have no doubt in your minds that he has committed the crime with which he has been charged. You must not have any doubt as to whether you are mistaken in your verdict. That is the ground you must take. ALL DOUBT OP THE PRISONER'S GUILT MUST BE REMOVED before you can bring in a verdict against him. If j'^ou have any doubt you must declare him to be innocent. I will now read a quo- tation from Taylor in reference to this point : — "But, admitting that the facts sworn to are satisfactorily proved, ^ further, and a highly difficult duty still remains for the jury to per" form. They must decide, not whether these facts are consistent with the prisoner's guilt, but whether they are inconsistent with any ration- al conclusion; for it is only on this last hypothesis that they can safely convict the accused." It has been said that circumstances never lie. This is an expression used by all Judges on the Bench. This principle will doubtle8S*be forced upon you by the prosecution. Taylor says :— "Much has been said and written respecting the comparative value of direct and circumstantial evidence; but as the controversy seems to have arisen from a misapprehension of the real nature- and object of testimony, and cm moreover lead to no practical end, it is not herein- tended to enter the lists further than to observe, that one argmeut argued in favor of circumstantial evidence is palpably erroneous. 'Witnesses may lie, but circumstances cannot,' lias been more than once repeated from the bench, and is now almost received as a judicial axiom. Yet certainly no proposition can be more false or danger- ous than this. If 'circurastancss' mean,— and they can have no otiier meaning,— those facts which lead to the inference of the fact in issue, i ,. .: N Srv ! I'i ^ ;.. :'rl VI' ■■ I. ;' ■ ' '! ^ 1 1^''' . ■ ' ;. —68— they not only can, but constantly do lie ; or, in other words, the con- clusion deduced from them is often false." When the vipei fastened on St. Paul's hand, the barbarians said : "No doubt this man is a murderer." Nevertheless he was perfectly innocent. There never was a greater fallacy in the world than the statement that circumstances nevbr lie. Circumstances seldom point or lead to suspicions in reference to persons who are entirely inno- cent and upon which they are convicted. Upon the authorities just quoted I will lay down this principle : First, that the evidence upon which a verdict of guilty is rendered must be of such a nature as to leave no doubt whatever as to the guilt of the prisoner. Although a man wearing this or that kind of coat may have been seen at a certain time in a certain place, and although Cousins' boat may have crossed the river at six or seven o'clock, on the 28th June last, it is quite pos- sible that the person then seen j-f.) DID NOT COMMIT THIS FOUL ACT. I am quite positive of this, that there will be no dispute as to the law that I have laid down on this point. I have read to you from the highest authorities on law, and when His Lordship the Judge la'" down the law you will find that it will agree with what I have stt,: In opening the case Mr. Peters stated that the crime, if not comnilctud in Queen's County, was committed within a mile on the Prince County side of the County Line, and that the statute makes provision that in the latter event a case can be tried in either of the Counties. Now, I am not going to say one word on this point, and you need not give yourselves any trouble about it. No doubt His T^ordship will show you abundant evidence to show you that the crime was committed within one mile of the line between Queen's and Prince Counties, and that the case can, under the statute, be tried in Queen's County. It is therefore only left to you to And whether or not the facts are con- sistent with the prisoner's guilt or with his innocence. As the hour for recess has now arrived, I would prefer, if His Lordship pleases, to stop at this stage of my address, and conclude in the afternoon. Court took recess. AFTERNOON SESSION. Gentlemen of the Jury : — You will remember that before reciss I laid down for your guidance the principles upon which I conceived this case should b^ tested, and pointed out what tests should be ap- plied to the evidence submitted to you before you can bring in a ver- dict thereon. I will not repeat what I then stated, but will ask you to bear in mind that these are the tests upon which I base all my arguments. What I lay down for your guidance js not my own, but the statement of the best authorities on law, w!i'kci> have been handed down to us. That a foul and terrible murder ha>3 been committed there can be no doubt. It is not my intention to go through the whole of the evidence submitted to the court in this case. There are a vast number of circumsiances which I do not question, an 1 which I there- fore will not deny. I will not controvert the statement that a boat crossed the river that evening^ and that the boy saw A MAN SITTING BY THE ROADSIDE, as these facts are quite consistent with my client's innocence. Know- ing that you took notes on all these points, and assuming that the wnole of the evidence is fresh in your memories, I shall direct my attention to those facts and circumstances which I deem it proper for me to comment upon. The hour at which this event took place is of words, the coii- barbarians said : le was perfectly world than the es seldom point •e entirely iinio- authoritles just e evidence upon h a nature as to er. Although a seen at a certain lay have crossed ;, it is quite pos- ite as to the law you from the the Judge la'-' at I have st*,: f not comnilctod e Prince County >rovision that in unties. Now, I u need not give iship will show was committed e Counties, and n's County. It e facts are con- As the hour rdship pleases, B afternoon. it before recess h I conceived should be ap- bring in a ver- t will ask you base all my b ray own, but e been handed sen committed ugh the whole lere are a vast vhich I there- It that a boat ence. Knovv- ng that the lall direct ray 1 it proper for ok place is of -59- the utmost importance. This is always so in matters of this nature. The difference of a few minutes may be sufficient to lead to the con- viction as to whether the man before you is guilty or not. We have no right to assume that any witness' clock or watch was right or wrong. We must take the evidence as we And it. and MAKE THE BEST WE CAN of it. I wish to direct your attention to the evidence given by the little Adam's girl as to the time she saw the man cross the river in a boat and fasten her. That is one of the most important pohits in the whole case. I will show that whoever crossed the river in that boat did so about 6.20 o'clock. The girl said that it was between six and seven o'clock. She says, "I looked at the clock a minute or two be- fore I went out, and it was ten minutes past six. and it would take me about fifteen minutes to walk to the place where I saw the man in the boat.*' Give her the advantage of every moment of the time and we shall find that it would be about twenty-five minutes past six o'clock when she saw the man cross the boat. Then Joseph Davison said that the time was between half-past six and half past seven. But an examination of his evidence will show that half-past six was the proper time. He says that after seeing the man he went up to where they were repairing a house; there he remained an hour and a half: he then remained fifteen minutes while they were harnessihg a horse; and it took him fifteen minutes to walk home, and then he states : "I got home before dark." Now add the hour and a half and the two fteen minutes together to half-past six, and it will make half-past eight -just before dark — whereas I have proved that until after seven o'clock Millraan had not left his house nearly two miles away. There can be no doubt whatever that half-past six was the hour. Whoever was in that boat it was not William Millman. The man who crouched about the woods with ferns around his neck might be the murderer, but William Millman could not be the man. Before you can be certain on the matter, YOU MUST HAVE THE CLEAREST PROOF that the man who committed the crime crossed the river in that boat, and that that man was Millman. The Crown I.,aw Officers will, of course, attempt to argue that this is so, but it is impossible to believe that it was so. I know that many persons are watching the progress of this case with a keen agony. Only a mother, father, sister or brother can feel it in the fullest sense. The mother of the prisoner was placed d's sake, send 8 strength, he trust that the ill enable him ell, where for len upon him. ide in England, that doubt, you will do tills, and ttiat you will not bring in a verdict against tiio! prisoner with a doubt resting on vour minds. If tiiere Is a doul)t, the matter must be left between the i)ri9oner and his God. As to the conversjitisn which rook place between Millnmn and young Profit. I attach very little importance to it. Young fellows in il cjise of that kind say very much tliev do not mean. Altliougli tlie prisoner may have had connection with the girl at the date stated, that was no reason why he must necessarily murder her. If audi were the case we would have a funeral every day in the week. Tiiat lu^t for itself is not sufilcient to account for the charge now made against tliis young man. When he returned the pistol to young Power he said he intended to employ me to defend his character and that out of nine criminals I had cleared seven. Well, this is accounted for by the tact that at that very time there was a murder case pending trial. He ciune to me to take steps to bring the whole of tliis matter to light, and to bring an action for slander against the person who made the charge against him of murdering this girl. He knew that they were searching the river for her body Now, that river is a narrow, sliai- low one, and if any corpse were there, it would soon be discovered. He came to uw to take steps to bring out all these facts. He knew well that everything would be dragged to the light of day, and for that reason-asked me to take his case in hand. Tlie Crown Law otH- cers brought in here as a witness a BRANDY SWII'Elt named Colsoii, who drank, I don't know how much braiidy, yet we were informed he was a temperance man. This man swore that my client stole a bottle of brandy. Now, gentlemen, this statement of (Jolson is adsolutely untrue. As to the foot tracks, you cannot get over the fact that whatever foot made the larger one, it was not the foot of this young man, as it is much smaller than his. Yet the smaller track corresponds to the girl's boot. The other track was undoubted- ly that of her murderer ; but was not made by my client. I myself maesnrofl tho smallest of the prisoner's boots, and found it to be an ill !i lui^^ than the footprint on the sand, if a change took place ' the sand how is it that the smaller footprint remained in- .ictV Geii'^lemen, we would need twelve butchers for a jury, and a .le' »ys for a Judge, before this young man could be fonvicted of murder on the evidence submitted in connection wiMi those footprints. Neither in length nor width do they corres- po (1 to the boots of the prisoner. Yet no part of the evidence be- fore the court is more important than that relating to the footprints. Is the testimony of a 1 , le girl as to the man she saw in the boat, and that respecting the footprints to bring this man to his doom? Surely not. I will now read you Lord Mansfield s warning in connection with a terrible case in which a man's life was taken for a murder which he did not commit. (Extract read.) Now, gentlemen, tl se cases were real cases, — not imaginary ones. The evidence brouglit oefore you must be as clear as if you yourselves saw the deed done, BEFORE YOU CAN BRING IN A VERDICT OF GUILTY against my client. Circumstancial evidence must be complete in every part; no doubt must remain in your minds in connection with it (Mr. H. read the account of the wrong conviction of William Shaw, of Edinburgh.) Gentlemen, remember that of these cartridges No. 32. one firm in this city sells from eight to ten thousand a year. Re- T I m lir! m :lll —66- member that we account for the two shots fired out of the revolver borrowed from young Power. It is stated by a military gentleman (Capt. Wright) placed on the witness stand, that the bullets which killed the girl had only three rings on them. Now, if you extract one of the bullets from the revolver in your possession, you will find that it has four rings on it. Gentlemen, 1 can now leave this matter in your hands. My part is now done. During the past ten days this case has borne heavily upon us all. I hav3 had my full share of the responsibility. My cask is done. I now leave my client witl you. Neither God nor man requires that because Mary Tuplin was foully murdered, an innocent man must betaken to the gallows and deprived of his life. This young man cannot be guilty of this crime if his parents and brother and sisters tell the truth. That they do tell the truth, there caa be no doubt whatever. If there is a single doubt in your minds of his guilt, look at the irrevocable act which you are now about to perform, and bring in a verdict accordingly. If you render a verdict of guilty against the prisoner under such circumstances, you can never hereafter expect any peace of mind. Even if you acted for the best, you would not do that which would depive you of >^eace when you come to laj' your heads upon your pillows: for the last time. Look at the family that would be RUINED AND DISGRACED FOREVER by such a verdict. Gentlemen, f ask you to allow this young man to go home to his mother, that when she cofnes to lay down her head for the last time she may have him by her side. Let it not be that he shall be sent home to his family a stiffened and blackened corpse. When his mother's heart is strickened and bruised, let it be that her son shall be there to comfort her. Let not your verdict be that this youi.g man must die. By the thought of your most solemn hour, lot me p ead for the father, mothor, and brother and sisters of my client I commit the case of this young man to your .. juerous hearts and Christian consciences, and may the great Gj.. who has numbered every hair cf the head of this youth, deal with you as you have to deal with their solitary boy. Summary Report of the Address of Hon. W. W. Sullivan, Attorney General. Ma/ it Please Your Lordship: Gentlnmen of the Jury— It becomes my duty now to address a few words to you regarding the prosecution in this case. I shall make no further refere!)oe to the application which has just been made, and which ha'b been set aside by his Lordship. You are, doubt- less, like myself, pleased that the case is drawing to a close. For many days you have been listening to and devoting your attention to the evidence taken on both sides. It was most important for you to consider the evidence on both sides to ascertain whether or not William Millman, the prisoner in the dock, is guilty of the charge which is laid against him. Before I enter upon the evidence, I ought, perhaps to refer to a few incidental points which have been brought up. My leavned friend was kiv they ran in at Iter to frighten I the two roads and his head jr moss around ;htened and ran •don Bryentou, Somers, upon tells of seeing ay it was about he time he was ; the river in a act, that a Mr. ide of the river tSth June, and i evening about ?garding this is ing calves, and 'ards the Mud sh hid it from io saw the boat ween 6.30 and ipeaks without :e such a wide ;oo late, but I ittention to the t evening and •iver; and fur- eft for home, of the place, ime ? He said —71— before the Magistrate's Court that it was G.30 when he got home from hatliing. That fly ^s the period as the time he got home. Now we know that a boat did jross that river. Bradford j^ot home at 6.30 and up to that time no boat had crossed the river, and it must have crossed after that. This testimony is corroborated by the testimony of those who were digging bait. They saw Adams, father of the little girl, aiul were talking to him about 530, up to which time no Ijoat had ei ossed. We have the evidence of Paul Thompson, Joseph Davison, who is the first in order, and the Adams girl, as to the crossing of the l)oat. It would not be improper for me to ask my learned friend why lie (lid not place on the stand James Millman. We have heard a good deal about the absence of Mrs, Slavin, who had no evidence to give, hut how do you account for his absence ? Only upon the hypothesis that his evidence would be against the prisoner. My learned friend knew what would make his case stronger or make it weaker, and it is most extraordinary that he did not bring James Millman forward. If he could have corroborated Bradford he would have been here, and it is my duty to remark upon the absence of that witness. You saw this little Adams girl on the stand, and you know how she gave her evi- dence. She was a most unwilling witness, and so was her father. We liad a great deal of trouble to get them here and to keep them here, for they were the friends of the prisoner. I want to call your attention to what she says : She went down to the field for the cows for the pur- pose of taking them home to have them milked. This is most import- ant testimony. We have the evidence of one or two witnesses as to tlie time cows are milked in the country, which is given as about sun- down. Now she remembers this circumstance by reason of the fact that she went down to the fieldlf or that particular purpose. She says she saw the boat on the shore, a man tying it at a distance of 70 yards My learned friend commented upon the fact that we had been tutoring —that was the word — those witnesses and asking them to come here and commit perjury. That is the charge he hurled against us. You saw how unwilling she gave her evidence, and that is the witness we are charged with tutoring. We sent Thomas McKinlay there to make a plan of the locallity, and I instructed him to see her and get her to point out to him the place she was standing when she saw the man and it was 70 yards. That is how she came to ?)e so precise, because it was then and there measured. She says she saw William Millman at the boat and tying it. Gentlemen, was that true or false? Why should she come here to telkyou that it was not true ? Why should she swear to that if it was not true ? She says he walked up the Mud Road, and that he had on dark clothes and a dark hat. She knew him that evening, and she saw him again next Sunday at the Irishtown Chux'ch, The last part of this statement proves that she was speaking the truth because she then indentifled him as the same man. What does Mr. Reagh, tell you ? Why, that Millman was at the church that Sunday. This is corroboration of her testimony. I think we may take, and are bound to take, this as a proved and established fact in this case- that Millman was seen at the Mud Road, that evening by Dorothy Ann Adams. We are bound to take it, no matter how bad it may be for Millman's family, unless we believe that that little girl came here to lie against her playmate, and for whom? For the crown. If she would lie at all she would lie for her friend, and not for an indefinite being called the Crown. I want to call your attention to the law concerning the evidence of little children. There was a time in the history of British criminal law when their evidence was not taken, but that time has gone, and now their evidence, when they understand the nature of an oath is m. I m' ! vv.i \i-\i r ■.r: ■;■ I ii —72— the strongest we can have. I shall read you the following extract from Taylor on Evidence: — '"Sir William Blackstone appears to have thcAight that less credit was due to the testimony of a child than to tiiat of an adult, but reason and experience scarcely warrant this opinion. lu childhood, thy faculties of observation and memory are usually more active than in after life, while the motives of falsehood are then less nuniprous and less powerful. The inexperience and artlessness, which, in a greut measure, must accompany tender years, render a cliild incapable of sustajiing consistent perjury, while the same causes operate power- fully in preventing his true testimony from being shaken by the .adroitness of counsel. Xot comprehending the drift of the questions put to him in cross examination, liis only course is to answer them according to the fact. Thus, if he speaks falsely, he is almost inevi- tably detected, but if he is the witness of truth, he avoids that impu- tation of disiionesty, which sometimes attaches to older witnesses, who, though substantially telling the truth, are apt to throw discredit on their testimony, by a too anxious desire to reconcile every apparent inconsistency." I want you to apply this to the evidence of the three little children Dorothy Adams, Donald Tuplin, and Gordon Bryenton. No one could liave heard their evidence without believing in his heart that they were telling the truth Donald Tuplin, the brother of the girl who was murdered, came here and told his tale m a plain, artless WJiy. I tell you that you caiuiot do otherwise than believe Dorothy Ann Adams'evidence, because it is undenied. Unless you choosji to violate your oath, you cannot tloubt that witness. We have then William Millman at this point, at the end of the mud road. My learned friend has made a speech which he might have made without having heard the evidence. Has he broken down the evi- dence? No. Then you are bound to accept it as true. He says the strength of the chain is its weakest link, but he has pointed out no weak links in the chain of circumstances in this case. We liave got Millman at this place. I now want to show you that we have got him up from this place, up beside the road near Tuplin's. Who proves that? James Somers, who saw him there under a tree, while on his way to Margate. He says he looked at him— and this has been com- mented on by my learned friend— for a second or two and then passed on. That second may have been ten or fwenty seconds. He stopped a moment, and he said he had reason to know it was Millman, and to know that he was to meet Mary Tuplin. If you read the evi- dence of his wife, you will know whether or not there is evidence of that. He saw Millman there on the side of the road, but he did not see him again till he saw him in Warren's barn, and he tells you that when he saw him there, he identified him as the man he had seen lurking in the woods near Tuphn's gate. James Somers made a com- plete identification of him, beyond any doubt. Why did my learned friend endeavor to throw any doubt upon his evidence? Because his wife is the sister of poor murdered Mary Tuplin. We have heard nothing against the character of James Somers, and therefore we are bound to take his evidence, and we cannot get over it, however much we might desire to do so. He corroborates the evidence of Dorothy A. Adams and the two little boys, and there can be no doubt that the man who was lurking there was Millman, in order to meot his victim. My learned friend made a great flourish about putting ou the stand )llowing extract ting on the standi —73— the members of the Grand Jnry. I have my own opinion about the proi)riety of Grand Jurors goiiip; around the streets of Cliarlottetown, andproelaiming what has been said to tliern in matters which they are sworn to lieep to themselves. He did not produce them, but wo drag- ged them liere. He had not the moral courage to do so. He supo'naed the foreman of the Grand Jury, but did not put him on the stand be- cause he could not shake the evidence of Somers. He put on the stand Thomas McLean, a member of the Grand Jury, who corrobo- rated Somers's evidence. He said Somers could not identify Milhnan on the evening of the 28th June because he had not seen him betore, and lie does not remember that it was ever proposed to bring Milhnan before the Grand Jury. Peter M. Burke, the foreman, confirmed it in a still greater degree. It would be the more deeply impressed upon the mind of the foreman than upon the mind of Mcfjean, — who has too much business to atteiid to when he leaves the jury room to think any more about it — and he confirms the evidence of Somers. We have the evidence of George Peake, who was Secretary of the Grand Jury, and who says they did not ask Somers if he could then identify Millinan, if he were produced. His evidence was corroborated by ihat of Maurice Blake, another member of the Grand Jury. So far from my learned having placed member after member of the Grand Jin\v on the stand to break down Somers' evidence, the Crown brought tiiem here, and they confirmed it. Somers was not sworn before the magis- trates, but if he wanted to convict Milhnan he could have placed hnn- self in a position to be called there as a witness. We have got the evidence of Thompson and Davison, who saw tha boat crossing the river, that of the Adams girl, who saw Millman at the river, and that of James Somers. who saw him beside the road, near Tuplin's. Now let is see if this can be contirmcd. Let us see what Rev. Mr. Reagh, who has no unfriendly feeling towards Millman says. He says he met the prisoner on Wednesday, and he told him the girl was missing. Millman went with him to Kensington, and on the way they met John Tuplin, who told Millman that Alice Connolly had informed him that Mary had agreed to meet him (Millman) on Tues- day evening. Where is Alice Connolly? Why is she not here? We could not legally prove that she was outside the limits of Canada. Being unable to prove that, her evidence given before the Magistrates' Court is ruled out. Who is Alice Connolly? She is a first cousin of tUe prisoner. Why is she not here. We could not control her, but my learned friend could. Why is she not here? Because she would con- firm the appointment of a meeting between Millman and Mary Tuplin. We have got hira within a few yards of Tuplin's gate on that fatal night. We have logically placed him there. We know how Mary Tuplin was murdered. Bullets were found in her head. Let us see if Milhnan had the means of inflicting these wounds. We have the evidence of Frank Power, which is unquestioned and admitted. My learned friend had to admit that everything said by Power was true. Your duty is imperative if Power's evidence is true. This is a question of life and death and we ought to be able to endure a little in order that justice may be done the prisoner, therefore I will read you his evidence at length, and remember that the Powers are also the friends of the prisoner. (Frank Power's evidence read.) Mark you this, there were no cartridges in the revolver when Millman got it from Power, who did not see it again till June 30. And when he returns it he does not go to the frort of the house and give it to Frank openly, but he sneaks around to the back of the house and beckons him out. I want to draw your attention to the suspicious character of JJjis cir- cumstance. If he was going to Power's for a lawful pu/^«|Be^ 'vh^ ill* t ■fel il>'!'' l|,4l' i^' U m 1 ' 1, —74— I II, ^i did he not go into the house? No. He beclconed Frank at the window to come out. There is another thing I want to call your special attention to in connection with the delivery of the revolver. At that time Mary Tuplln's (body had not been found. Nobody but he who committed the crime knew that she was shot, that two bullets were In her head, or that a particular size of bullets was used. Millnian was the guilty man or he would not have cautioned Power to say nothing about it. No other person new that a revolver was used, and no other person could have any motive in giving such a caution. 1 want to show you that he had also provided himself with cartridges, that he was seen at Summerside, at Rogers' buying cartridges. He was there with Colson. He was preparing himself for this premedi- tated murder. He was seen looking at cartridges in Rogers' shop, and he got them there, and I have only to remind you of his statement to John Nathaniel Evans, as given in the evidence of Johnson Mann. Evans had asked him if he had got cartridges. He said yes, he got them in Summerside, that he could not get them in Kensington. He is bound by the statement made to Evans. We have thus proved him to be on this side of the river with a revolver and with cartridges. My learned friend, in the simplicity of his soul, asked you to believe that he went to Summerside to biiy Ave cartridges, one for each chamber. Gentlemen, it is absurd. It is just like the story of the splash, of the wagon, and the attempt to blacken the cliaracter of Mary Tuplin. They are all of a piece. One was flred at a plank, another on the road, and therefore we are out of court. It is arrant nonsense. How easy it was for him to reload them. We have got that revolver loaded witli a special stamp of cartridges, and we find three in that pistol, and the other two in the head of poor Mary Tuplin. That is an established fact. We have placed on the stand a captain in Her Majesty's Navy, and you heard him say that such a bullet could be discharged from that revolver, and we have had the remaining one examined and shown to be of the same make and brand. He said that those found in her head, so far as the rings were concerned, did not agree with those in the revolver. This statement was made at an improper time, to influence your minds, but I am going to show you that he was wrong in that. (Bullet shown.) You will find there are three rings around this bullet. There is also an indentation which holds it in the shell, and it therefore perfectly agrees with the others. Thus is another bubble burst for my learnld friend. Now, gentemen, we And him in possession of a revolver and cart- ridges, so that he had all the means of taking away the life or Mary Tuplin, and we And him near her home. And we find that Power was going away to Kelly's Cross, that he wanted some money, that he sent a message to Millman, who came and saw him, and told him he had no money, but to allow him to keep the revolver till Tuesday night, as he and John Nathaniel Evans were going on a racket, and after that he would not want her any longer. We have been asked for Mrs. Slavin, but let me ask where is John Nathaniel Evans? They could have had and should have had John Nathaniel Evans here to ask if it was true or if they failed to go, and instead of going upon that racket went upon another to the house of Tuplin. At that time Millman had made up his mind to murder this poor girl. He must have made up his mind, and when he found himself in a tight place, and when asked to give up these means, he told a lie, just as he lied to God's minister about the situation of the girl. He knew he was lying to that man of God. and he did not hesitate to do it. - —75- night when points to thai crime iiis guilt, But Let from 1870, Now, gentlemen, we got beyond that fatal was eonimitted by that man. The evidence and to his alone. Let us see. What does he do when the search for the bod^ is being made? He sneaks away to little Patsey Power and asks him to blacken and damn his soul for him, he at lirst agreed to it, but when asked to back it up with an oath he hesit ited to do it. What did he ask him to do ? Why to swear he was v> ith him at Paynter's Line that night. My learned friend says "I plead guilty to that charge and I know my client did wrong," It is admitted that he did attempt to get this little hoy — whose evidence must have impressed even my learned friend — to take such an oath. I must say I never saw in this or any other court so intelligent a witness as Patsey Power. My learned friend read to you a great many cases,' some of them away l)aclv for hundreds of j ears, and none I be- lieve, later than eighty years, to show the narrow escape of innocent persons from death, because the Juries would not convict on circura- stancial evidence. They are isolated cases. The Juries did not con- vict in these cases because the evidence was not strong enough, they attempted to suborn Patsey Power, to give false evidence us see what is the law of England on that point. I will quote Chief Justice Cockburn, Queen's bench, Law Reports, Vol. 5, page 119. "The conduct of a party to a case may be of the highest importance in determining whether tlie cause of action in which he is plaintiff, or on the ground of defence, If he is the defendant, is honest and just; just as it is evidence against a prisoner, that he has said one thing at one time and another at another, as showing that recourse to falsehood leads fairly to an Inference of guilt. Anything from which an infer- ence can be drawn is cogent and important evidence with a view to the issue. So, if you can show that a plaintiff has been suborning false testimony, and has endeavoured to have recourse to perjury, it is strong evidence that he knew perfectly well that his case was an unjuitly one. This is a dictum of one of the most learned judges that ever sat upon the English bench, and one that commends itself to common sense of the people. My learned friend must have been reading some light literature lately, and got his case from a fifty cent novel, but here Is a case so recent as 1870. So far from regarding that attempt as a venial offence, you have to look upon it as a most important factor to prove the prisoner's guilt. If innocent, why should he take Power away to Keady, who refused lo administer the oath, and whose advice he asked about taking him to friglit^n John Tuplin, whose head was bowed down with grief, to prevent him from taking proper action against him. This was before the body was found. If he did not feel in his heart and soul she was murdered, why did he do this ? No one else knew it but the murderer, and he felt it in his innocent heart and soul that he was the murderer, and he tried to throw suspicion on some other person. That Is not the conduct of an innocent person. Another way to look at the case is the conversation a man may have. Here was Millman with this charge against him. You heard the evi- dence of his father and Mrs. Evans, and other members of his family. Did any of them tell you they ever asked him where he was that • ^ht. Their alibi failed. I say they have failed to account for the where- I abouts of the prisoner, taking their own evidence, between 7 o'clock and 10.30. Did the father ask his son where he was, when this perilous charge was hanging over him. Where are the answers ? They are no- where. Why ? Because they are not in existance. The poor old man iconflrmed the evidence he gave at the investigation. Bradford a most .'. I i i I ; m 'Sl > -76- important witness, who slept in the same bed with him, saw nothing; more of him till next morning They did not ask him where lie was. When you take that cii-cumstance in connection with tlie' overvvht'lni- ing proof of his being across the river, you must take it as evidence of his guilt. What does he say for himself ? He tells Thomas Ury- enton that he was in bed when his father and mother got home from the meeting. Is that true ? It is not. Me was not in bed, he was not even in the house. Then he lied to Thomas Bryenton, Why ? Because he was not able to account for his presence tliat night, and had not made up his mind wliat story to tell. His brother says he was down bathing that night. Upon an evening so cold that it was necessary for John Millman to ma]u on behalf of id It Is now left .tigue and hard our months, for 5t. The matter iigulshment of a I remember that e pared. One of ctlty of an oath. ;he responsibili- came the jurors ten the prisoner s, for man may e we win get it Ip me God." In Innocence from murder, no eye It persons said a case. If we will take place. e given In favor s the most dan- —79— gerous rock jurors have to sail past. The guilt of the prisoner must he fully proved. A reasonable doul)t must not be an impossible one. It imiHt not be one wc make for ourselves. All evidence is open to possible doubt, The certainty of the evidence nmst satisfy your reason. You must use that degree of certainty that would guide you in your serious affairs of life. If there should l)c a numl)er of circumstances with one of them doubtful, still It would be your duty to convict. Mr. Hodgson had said the evidence was like a chain and of these was one weak link, then the whole chain was useless. This case Is one rather of a number of chains, and even if there was one weak link In one of them, still there were others that might be strong. Lord Cairns says that •' circumstantial evidence is like a number of rays of light con- verging to one point, each of Itself Insuflicient for practical purposes, but each centring in one point through a flood of light together." In this case, one ray was the pistol, another ray Is, was he In a position to use it, another, the boat on the shore, another, the l)ody In the river, then there was the stone, the actions of the prisoner, &c. I propose then first, to enquire when Mary Tuplln left the house- John Tuplln said Mary went out about dark. It was no later than 9 o'clock— the sun set at 8.30 he thought. Now, as a matter of fact the sun that evening set at 12 minutes to 8. so that Mr. Tuplln was about forty-two minutes astray. Jabez Tuplln saw Mary go out about 15 minutes after tea, between sundown and dark, so that he agrees with his father. When was Mlllman seen? Thompson's son saw a boat with a man in It leave the end of the County Line Road and go out of sight past the trees on the point of the river. It was Cousins' boat. Jos. David- son saw the boat with a man In It going in the direction of the mud road, between 6.30 and 7.30. It was Cousins' boat, for he knew It. Then we come to Dorothy Adams. Hers was a most important evi- dence. If true, and nothing has appeared to shake it. If It Is true, and I do not see how you can look upon it otherwise; then it must have great weight on your minds. You saw she gave good testimony. Tlie evidence of young people Is, at the present day, considered of great value. We know as we go through the world, that the young heart Is more tender. You will think with us all that Dorothy Adams gave the best of testimony. She says the man she saw tie the boat and go up to the mud road was Mlllman, and that he had on dark clothes and a dark hat. This was not very long before sundown. She had gone to take the cows home to get them milked, and the evidence is that the cows In the country are milked at sundown. She told her mother Avhen she got home that she had seen Wm. Mlllman. Then we come to the evidence of Donald Tuplln. He Is a boy, but like the Adams girl, gave good evidence. He says he saw a man on the mud road near the fork. He had ferns or moss around his neck and had on dark clothes and a dark hat. He said he thought It was about six, but was certain it was after sunset. Gordon Bryenton, another boy, who was with Donald Tuplln, gave the same testimony. He said the sun was going down. Then we have the evidence of tJames Somers. He said he had went to the Black Horse with his wife, and In coming back half-way between Tuplin's house and the mud road, be saw a man with ferns around his neck and having on dark clotheis and a dark hat, being neld between the man's face and Somers. Somers says he did not know Mlllman then, but he saw him on the next Wednesday going to Warren's barn and he then identified him as the same man. He said he was positive he was the same man. He was very positive, and of course his evidence was open to review by you. He might be very I •li W' ti; -so- il: r*- ^■i'''[ I : r, positive and yet be mistaken. Still nothing lias been said about his character, except that he was married to Mary Tnplin's sister. It was alleged that Somers gave ditteient testimony before the Grand Jury to what he did in this court-room, but that entirely failed. I have no doubt in my mind that the man he saw was Millman. Another bra'.'ch of the ease is, when did Mlhnan get home that night? John Miilniau and his wife say thej"^ live about a mile from the church, that when tiie church meeting cauje out they stood talk- ing two hotne ' or three minutes, then tiie liorse ^vas got and they went hey say William told them he was down bathing and he got home before they did. It is not material here what he did, his own statement shows he went in the direction of the boat. When did he get home. John Millman says it would not take more than flfteen minutes to go home, that the gate was open and that they drove to the granary before the wagon stopped. Mrs. Millman says she went im- mediately into the house, looked in the kitchen saw no one there, went into the bedroom to take oft' her clothes and get the children to berl, that she was there about ten minutes, and when she got back to che kitchen William was there. Mr. Millman says that when he got in the door William was in the hall going to bed. When questioned about the magistrate's examination, he said he swore then that he got home between 10.30 and 11 o'clock. Mrs. Millman says her husband told her next morning he had heard 11 strike. Now, when did the church meeting come out^ Where were the shots tii ed? Probably at the shore end of the mud road or so. We do not know if it was while she was on the shore or as she was stepping into the boat. The ma- terial part for us to determine at present is, at vviiat time were they fired? George Profit says John 'I'uplin came to his house the first time about 9.30, after he left he heard the shots. Andrew Woodside says as he was coming from Ciifton he heard one shot and a prolonged scream about 10, that he did not hear a second shot as his horse began to trot. Then we have the very important testimong of John Sud- bury, lie is not a<;cused of ')eing biassed but an independent man. He was at the church door waiting for his wife, who was in the meet- ing. About flfteen or twenty minute>5 before the Uieecing ca no out, he heard the sho'.s. There is no reason why you should not believe hira; To make Sudbury useful you must apply his testimony to the others. Thomas Bryenton says the meeting came out at 10.25, tliat he got home about 11 and he had to go two miles. 'Sow. if "'rofit, Wood- side and Sudsbury are right, this is a most remarkable coincidence Edward Warren was out nefore 10, > iid as he was going out he heard a shot, that if one iiad been fired before he came out he could't have heard it in the house, that when he went in he w^"nd the clock and it was about 10. Here is a most extraordinary coincidence, a complete com^ensus of opinion. But we have the conflicting evidence of Capt. George McLeod. It h admitted on all sides that he was per- fectly truthful. He says he heard the two shots coming from the direction of the South West Creek, atid that it was about 11 o'clock, that lie was about four or flve miles away. The Attorney-General spok(! about if a shot was flred at the North River bridge would we hear it in Charlottetown. ft seems to me he was putting it very mildly. The truth is the North River bridge is not much more than half the distance Mr. McLeod was from where the shots are said to have come from and it seems to me whether it does to you or not — uhat is a matter for you to determine— that it would be impossible for him to hear the shots that distance away. Court adjourned at one, and resumed at two. said about his sister. It was ;lie Grand Jury ed. I have no get home that ut a mile from hey stood talk- and they went liiij; and he got le did, his own VVlien did he )re tlian fifteen ley drove to tlie rs slie went im- no one tliere, tiie children to she got baclv to It when he got hen questioned hen that he got ^s her husband V, when did the [■? Probably at r if it was while l)oat. The ma- time were they house the first drew VVoodside uid a prolonged his horse began of John Sud- iependent man. \as in the meet- ecing en ne out, uld not believe jstimony to the It 10.25, that he I ^'rofit, Wood- le coincidence ig out he heard He could't have ihe clock and it ice, a complete \g evidence of hat he was per- ming from the )out 11 o'clock. torney-General idge would we jutting it very uch more than Dts are said to o you or not — > impossible for T ;i —81- The next branch we were coming to when the the court adjourned was, when did the churcli meeting get out? But. before I speak of that, let me take up the point of the tracks. I know you are anxiously thiiiidng about It, which Is quite right, as It is your duty to canvass everything. They may be certain or uncertain according to circum- stances. A tact not very well proved may be very uncertain. The evitlence is that the tracks were leading to' the water, both right foot tracks, that the shore was a mixture of sand and clay, that they were half way between the bank and the water at the time they were measured, that about three double tides would have flowed over them had they been made on the evening of the 28th June. Alex. McKay the constable says he Is not sure he got the whole length of the larger track or not, thrl the heel was er* and that lie then hid It, and that Detective Power came to him he gate It up just as he got It from Millman, Power then, with Johnw/n. Mann and Colson, all prove that Millman had a pistol at that time. Tin next thing that comes then— here Is the pistol (he was holding it in his hands) -I hope she won't go off— (Mr. VVeeks here took out t\.*t revolving breach)— did these bullets come from the empty shells ? Capt. Wright, of Her Majesty's Navy, whose profession it iwt') underntand those thisgs, says t^ey could be fired from these catridges. Then there \^ the question c f the distances. I took advantage of when Mr. McKinlay was re- called to inquire as to these. He says from the shore end of the Mud Road, to where the body was found, isi mile to where the boat was staked on the shore after the dissappearance. ^ cf a mile; from thisspot to Mlllman's house, three quarters of ■ mile, making in all one and V-A T I ! ^i I ¥■.' -82- ' ; . one-eijrhth miles. Then there is the question of Mary Tuplin's state. John R. Profit proved that Millman knew it, that he was appreliensivo that if the child was sworn upon him he would go to the penitentiary, and tliat his mother might possibly become deranged. The Crown said this state of things developed a motive, We all l^now no oiie is so wicked as to commit crime for fun. Still ci'imes may occur without seeing any motive. It is my duty, however, to warn you to tal^e care on this point. Do not magnify it. Looli on the magnitude of the crime and not on the magnitude of the motive. Another branch of the case is tlie very serious and important attempts at concealment under falseification. Mr. Hodg.. m quoted a case of a man getting up falsehoods to try to clear himself, but surly the party who told the lie had himself to blame. When this takes place it exites strong suspicion. It is my duty to tell you that when Mary Tuplin, had only been misping, when no one knew she had been murdered, what reason had Miilman to tell Frank Power not to tell any one that he had the pistol. Then there is another branch. The boat was kept fastned by a lock and chain, there was a surface stone in the boat. It was indentifled as having plow-share marks upon it. Wlio had the boat in his possession that night ? This only remains now. When did the church meeting come out : We have had the evidence of the Rev. Mr. Reagh—a worthy man — but his evidence does not materially dift'er from the others. He does not say that Thos. Bryenton's watch was wrong so that you have to determine if the prisoner couhl have time to get from where the shots were heard to his home a distance of one and one-eighth miles within the time. I have now gone through the evidence on this important case. I know there is an anxiety to do justice on your part. It is incumbent on my part, as the judge, and on your part, as the jury, to see that the laws are duly kept, and where they are broken to see that tlie criminal is duly punished, and this wc are to do, under God, fearlessly and right- ly. It is a sacred duty and must be sacredly performed. You must see the law respected, and at th;- same time that the prisoner is not unjustly convicted. You must see that the several rays of light con- centrating to the one point clearly satisfies you. Sometimes the human mind, when an enormous crime has taken place, inclines to look around for a victim. Sometime we are apt to shudder from the consequences of an adverse verdict. You must shut out all such sympathies. I bellere yon will, as it is your duty to do so. My own feelings are such that I can scarcely say more. I will leave you to the solemn duty before yoa. The Judge, who was visibly affected, closed his address of about four hours, at four o'clock. The jury immediately retired to their room, at 9 o'clock they were ready /ith their verdict. The court-room was crowded and amid breathless silence the jury was asked "Was the prisoner at the bar guilty or not guilty." The response of the fore- man was •' Guilty." The answer was scarcely out of hi** mouth when the prisoner fainted, and was carried out of the court room insensible. THE SENTENCE. Yesterday, February 9th, sentence was pronounced upon Millnuvn. The Court House was crowded by half-past ten. o'clock, but there was no app«irance of any of the lawyers etigaged 'Mi either side. A boirt half-past eleven o'clock the Attornoy-General took his seat, and throughout the Court House was only to' he hea^d the low hum which is usual when an audience waits in expectancy. The minutes |W«8ed slowly. People craned their necks to look Into the dock, bur -v Tuplin's state. ,s apprehensivD lie penitentiary, The Crown said V no oiie is so ■ occur witiioiit ou to take care ignitucle of tlie portant attempts oted a case of a surly the party Bs place it exites lary Tuplin, had murdered, what ' one that he had astned by a lock ^as indentifled as in his possession church meeting Mr. Reagh— a dift'er from the itch was wron.ij; prisoner coul(l Avere heard witliin the time, nt case. I know ncumbent on ray e that tlie laws It the criminal is lessly and right- ned. You must prisoner is not ays of light con- ;times the human ?s to look around he consequences sympathies. I 'eeiings are such the solemn duty ss of about four to their room, at court-room was sked " Was the lise of the fore- t of hi-< mouth the court room upon Mill man. , but there was r side. al took his seat. id the low hum The minutes to the dock, but —88— it was empty At twelve o'clock, Mr. Hodgson. Q. C, entered and took his usual seat A few minutes afterwards Millman was placed in the dock, and the Cliief Justice, Mr. Justice Peters and Mr. Justice Jlensley took their seats on the Bench. The Attorney-General arose nnd asked the Court to pronounce judgment upon the prisoner. Mr. Weeks, the Clerk of the Crown, then addressed the prisoner:— '•William Millman, vou have been indicted for the murder of Mary Pickering Tuplin. Upon that indictment you have been tried and found guilty What have yoti to say why the Court should not pro- nounce sen' ,ice against you according to law? ' The .risoner seemed hardly able to control his feelings. He looked towards his counsel, but Mr. Hodgson gave no sign. The ^"hief Jus- tice taking up a manus^iript and arranging it in order, was just about to commence addressing the prisoner, when Mr. Hodgson quietly arose and said : "My Lokd,— I know that my client's silence at this time, and my silence, will not be misinterpreted by vour TiOrdship. Whatever may be generally understood to be the meaning of the words addressed by the Clerk of the Crown to the prisoner, the Court knows that they only call fo' luv Juterposition of any legal objection to the passing of the sentence. I'e prisoner has much to say, T have much to urge, not why sentence should not be pronounced, but why it should noi, be cai lied out. At the proper time, and in the pro])er quarter, this shall be duly submitted. F therefore abstain from addressing yout T^ord- ship, because the verdict imposes upon you but one last solemn duty." His T.ordshlp then addressed the prisoner in the following terms : William Millman,— You have been tried and convicted of the crime of a murder, of the deepest dye. — one for which a paiallel can scarcely be found in the criminal annals (f British North Ameiica? When it was first discovered that this crime was committed_ I was for a considerable time under the impression that the crimi" nal must have been some stranger, some person from another country —from some populous city where vice and crime in tneir lowest de]>ths are not so unfamiliar to human experience as here; and when I heard of your arrest, I still encouraged the hope thnt one so young, a native of this Province, brought up amongst a Chris- tian community, could not be the perpetrator of this terrible crime. Fitcts-, however, were gradually brought to light, by which a strong suspicion although wavering at times, ultimitely rested on vou. Abou^ nine o'clock on the evening of Tuesday, the 28th of June last. Maiy Tuplin. a daughter of John Tuplin. a respectable farmer of Margate aid residing with her parents, went outside of the house apparently on some very temporary absence, going out in an ordi- nary indoor dress, without any covering on her head, and without any intimation as to what direction she intended to proceed. Be- tween the hours of ten and eleven o'clock 3he had not returned. The laceuess of the hour increasing without any appearance of her, and not answering to several loud calls of her father made at some distance from the house, he p?oceeded to a neighbor's residence, but failed t> obtain ony intelligence of his missing child. The following divy a more general search »va3 made, and continued during the remainder of the week, by a large number of the in- habitants of the settlement and vicinity; but proved unsuccessful. A white pocket handkerchief, however, identified as that of *:he missing girl, being found on the shorf^; the river was carefully dragged. When on Monday, the fourth «lay of July, the l;)ody of the unfortunate giri va.^ raiseU from the bottom of the river, attached to n. by a short rope, a large stone of eighty or one hundred '■ -"L/ ii' n„ ^t ir:!^'- f I !-•»' -84- poiuids weight. A Coroiiftr's iininest followed, from which it ap- peared that her dea«^h had heen caused by two pistol bullets flred into her head, one of which had penetrated the brain and caused in- stant death. The evidence taken l)efore the <;oroner bore so strong against you that your arrest and coinniital to prison followed, charged with the murder of the deceased. Your trial Mas been an uimsually long one. You pleaded an alibi. The evidence against you was, as so often becomes the ease in trials for nmrder, almost wholly circumstantial. No less than forty-eight witnesses were examined on the pait of the Crown, and as many as eighteen on your behalf, and after an admirable and pain-staking de- fence bj >OMr counsel a most patient and attentive hearing by a highly intelligent and unpreiudieed jury, you have been found guilty. The jury have recommended you to mercy — upon what part of the case or your evidence this favorable expression of their opinion rests, I must own I do not at present perceive. The earnest, eloquent and touching appeal directed to Ihem by your talented counsel, has, doubt- less, touched their hearts: Int, as men fully capable of reali7.ing the solemn obligations which bound them, and guided by the consistent evidence of your guilt which from day to day was/letailed to them by unprejudiced witnesses, and none af whom could be said to have been in any material contradicted, your jury felt that their duty in finding you guilty became inevitable. You plead for mercy. Prisoner, did you know of this virtue when you so deliberately carried into execution tne plan you conceived for the destruction of your victim?— a young and inexperienced creature, who had never lia'-med you — one who liad too unguardedly confided in your friendship and attachment, who had the strongest claims on your honor and gratitude? The day you carried into execution your terrible deed was that appointed for the funeral of another member of Mary Tuplin's family — her own brother, who was followed to the cemetery by their aflflicted parents, But this in no degree did you allow to interfere with carrying out your cold-blooded deed. The grave had closed but a few hours over his remains, and while you knew the hot tears were still flowing down the cheeks of his aged and afflicted parents, you yet persevered in the perpetration of your crime. Having under the pretence of friendship allured your victim to the secluded spot you had chosen, there, with the assassin's hand you drew your weapon and discharged it into her head. The first shot proved insuf- ficient for the destruction of life, and I do not think it to be an excess of my imagination when I picture to myself the astounding horror of that poor girl on discovering that in place of a friend and protector, she had committed herself to the company of an assassin. A momentary interval elapsed before you flrjsd your second shot, — that interval was sufficient to enable her to look into your face, and to in- voke your mercy and your pity. Had the most dormant spark of hu- manity remained in your breast, that beseeching, that imploring look to spare her life as ^e saw you adjusting your weapon and raising your arm to repeat your shot, might have lf a friend and of an atwassin. icond shot, — that ace, and to in- at spark of hu- nploring look to ,nd raising your [)asssion and re- ous design, and ictim a quiverTfig > the river, and rouded her body thought the de- uraane eye could forgotten or dis- from whom no —85— sin can be hid, He had provided a signal for those in search of her— a small piece of white muslin lay on the margin of that river. This, on examination, proved to be a pocket-handkerchief of the deceased, and at once suggested to the minds of her friends the necessity of xlragging the river, which, being dilligently prosecuted, her body was thus dis- covered and easily recognized. The painful conclusion that followed the sad tragedy is well known. Yon are now to suffer the extreme penalty that the laws of your country have ever imposed on your crime. Your present conditionis a sad andawf ulone, and will doubtless excite the sympathy of many tender md christian hearts, not only for you but als'^ for your aged and agonized parents, whose grey hairs will go down with sorrow to the grave. I will dwell no longer on this pamf ul subject. Your time now in this life must be limited to a brief period ; and before I pronounce the solemn words of your doom, I implore you most earnestly to employ that precious time in every elTort towards a reconciliation with that God you have so deeply offended, and whose law, as well as that of your country, you have so awfully violated. Approach His throne with a sincerely penitant heart, and he will dispel the cloud from this dark hour of your life, and will not cast you off. The sentence of this Court is that you. William Millman, be hence- forth taken to the prison from whence you last came, and that you be there kept in safe custody until Tuesday, the tenth day of the month of April, next ensuing; and that on that day, between the hours of eight o'clock in the forenoon and four o'clock in the afternoon, with- in the walls of the said prison, you be hanged by the neck until you sire c!t!ad j» and may the Lord, in his infinite goodness, have mercy on your soul.