'Knows the younger prisoner, who has been in the habit of working for him in various ways.'

'When was prisoner Marston working for him last?'

'He, with his brother James, who rendered his family a service he shall never forget, was working for him, after last shearing, for some months.'

'Where were they working?'

'At an out-station at the back of the run.'

'When did they leave?'

'About April or May last.'

'Was it known to you in what direction they proceeded after leaving your service?'

'I have no personal knowledge; I should think it improper to quote hearsay.'

'Had they been settled up with for their former work?'

'No, there was a balance due to them.'

'To what amount?'

'About twenty pounds each was owing.'

'Did you not think it curious that ordinary labourers should leave so large a sum in your hands?'

'It struck me as unusual, but I did not attach much weight to the circ.u.mstance. I thought they would come back and ask for it before the next shearing. I am heartily sorry that they did not do so, and regret still more deeply that two young men worthy of a better fate should have been arraigned on such a charge.'

'One moment, Mr. Falkland,' says our counsel, as they call them, and a first-rate counsellor ours was. If we'd been as innocent as two schoolgirls he couldn't have done more for us. 'Did the prisoner Marston work well and conduct himself properly while in your employ?'

'No man better,' says Mr. Falkland, looking over to me with that pitying kind of look in his eyes as made me feel what a fool and rogue I'd been ten times worse than anything else. 'No man better; he and his brother were in many respects, according to my overseer's report, the most hard-working and best-conducted labourers in the establishment.'

Chapter 18

Mr. Runnimall, the auctioneer, swore that the older prisoner placed certain cattle in his hands, to arrive, for sale in the usual way, stating that his name was Mr. Charles Carisforth, and that he had several stations in other colonies. Had no reason for doubting him.

Prisoner was then very well dressed, was gentlemanly in his manners, and came to his office with a young gentleman of property whom he knew well.

The cattle were sold in the usual way for rather high prices, as the market was good. The proceeds in cash were paid over to the prisoner, whom he now knew by the name of Starlight. He accounted for there being an unusual number of brands by saying publicly at the sale that the station had been used as a depot for other runs of his, and the remainder lots of store cattle kept there.

He had seen a short-horn bull outside of the court this day branded 'J-E' on the shoulder. He identified him as one of the cattle placed in his hands for sale by the prisoner Starlight. He sold and delivered him according to instructions. He subsequently handed over the proceeds to the said prisoner. He included the purchase money in a cheque given for the bull and other cattle sold on that day. He could swear positively to the bull; he was a remarkable animal. He had not the slightest doubt as to his ident.i.ty.

'Had he seen the prisoner Marston when the cattle were sold now alleged to belong to Mr. Hood?'

'Yes; he was confident that prisoner was there with some other men whom he (witness) did not particularly remark. He helped to draft the cattle, and to put them in pens on the morning of the sale.'

'Was he prepared to swear that prisoner Marston was not a hired servant of prisoner Starlight?'

'No; he could not swear. He had no way of knowing what the relations were between the two. They were both in the robbery; he could see that.'

'How could you see that?' said our lawyer. 'Have you never seen a paid stockman do all that you saw prisoner Marston do?'

'Well, I have; but somehow I fancy this man was different.'

'We have nothing to do with your fancies, sir,' says our man, mighty hot, as he turns upon him; 'you are here to give evidence as to facts, not as to what you fancy. Have you any other grounds for connecting prisoner Marston with the robbery in question?'

'No, he had not.'

'You can go down, sir, and I only wish you may live to experience some of the feelings which fill the b.r.e.a.s.t.s of persons who are unjustly convicted.'

This about ended the trial. There was quite enough proved for a moderate dose of transportation. A quiet, oldish-looking man got up now and came forward to the witness-box. I didn't know who he was; but Starlight nodded to him quite pleasant. He had a short, close-trimmed beard, and was one of those nothing-particular-looking old chaps. I'm blessed if I could have told what he was. He might have been a merchant, or a squatter, or a head clerk, or a wine merchant, or a broker, or lived in the town, or lived in the country; any of half-a-dozen trades would suit him. The only thing that was out of the common was his eyes. They had a sort of curious way of looking at you, as if he wondered whether you was speaking true, and yet seein' nothing and tellin' nothing. He regular took in Starlight (he told me afterwards) by always talking about the China Seas; he'd been there, it seems; he'd been everywhere; he'd last come from America; he didn't say he'd gone there to collar a clerk that had run off with two or three thousand pounds, and to be ready to meet him as he stepped ash.o.r.e.

Anyhow he'd watched Starlight in Canterbury when he was riding and flashing about, and had put such a lot of things together that he took a pa.s.sage in the same boat with him to Melbourne. Why didn't he arrest him in New Zealand? Because he wasn't sure of his man. It was from something Starlight let out on board ship. He told me himself afterwards that he made sure of his being the man he wanted; so he steps into the witness-box, very quiet and respectable-looking, with his white waistcoat and silk coat--it was hot enough to fry beefsteaks on the roof of the courthouse that day--and looks about him. The Crown Prosecutor begins with him as civil as you please.

'My name is Stephen Stillbrook. I am a sergeant of detective police in the service of the Government of New South Wales. From information received, I proceeded to Canterbury, in New Zealand, about the month of September last. I saw there the older prisoner, who was living at a first-cla.s.s hotel in Christchurch. He was moving in good society, and was apparently possessed of ample means. He frequently gave expensive entertainments, which were attended by the leading inhabitants and high officials of the place. I myself obtained an introduction to him, and partook of his hospitality on several occasions. I attempted to draw him out in conversation about New South Wales; but he was cautious, and gave me to understand that he had been engaged in large squatting transactions in another colony. From his general bearing and from the character of his a.s.sociates, I came to the belief that he was not the individual named in the warrant, and determined to return to Sydney.

I was informed that he had taken his pa.s.sage to Melbourne in a mail steamer. From something which I one day heard his half-caste servant say, who, being intoxicated, was speaking carelessly, I determined to accompany them to Melbourne. My suspicions were confirmed on the voyage.

As we went ash.o.r.e at the pier at Sandridge I accosted him. I said, "I arrest you on suspicion of having stolen a herd of cattle, the property of Walter Hood, of Momberah." Prisoner was very cool and polite, just as any other gentleman would be, and asked me if I did not think I'd made a most ridiculous mistake. The other pa.s.sengers began to laugh, as if it was the best joke in the world. Starlight never moved a muscle. I've seen a good many cool hands in my time, but I never met any one like him. I had given notice to one of the Melbourne police as he came aboard, and he arrested the half-caste, known as Warrigal. I produced a warrant, the one now before the court, which is signed by a magistrate of the territory of New South Wales.'

The witnessing part was all over. It took the best part of the day, and there we were all the time standing up in the dock, with the court crammed with people staring at us. I don't say that it felt as bad as it might have done nigh home. Most of the Nomah people looked upon fellows stealing cattle or horses, in small lots or big, just like most people look at boys stealing fruit out of an orchard, or as they used to talk of smugglers on the English coast, as I've heard father tell of. Any man might take a turn at that sort of thing, now and then, and not be such a bad chap after all. It was the duty of the police to catch him. If they caught him, well and good, it was so much the worse for him; if they didn't, that was their look-out. It wasn't anybody else's business anyhow. And a man that wasn't caught, or that got turned up at his trial, was about as good as the general run of people; and there was no reason for any one to look shy at him.

After the witnesses had said all they knew our lawyer got up and made a stunning speech. He made us out such first-rate chaps that it looked as if we ought to get off flying. He blew up the squatters in a general way for taking all the country, and not giving the poor man a chance--for neglecting their immense herds of cattle and suffering them to roam all over the country, putting temptation in the way of poor people, and causing confusion and recklessness of all kinds. Some of these cattle are never seen from the time they are branded till they are mustered, every two or three years apparently. They stray away hundreds of miles--probably a thousand--who is to know? Possibly they are sold. It was admitted by the prosecutor that he had sold 10,000 head of cattle during the last six years, and none had been rebranded to his knowledge.

What means had he of knowing whether these cattle that so much was said about had not been legally sold before? It was a most monstrous thing that men like his clients--men who were an honour to the land they lived in--should be dragged up to the very centre of the continent upon a paltry charge like this--a charge which rested upon the flimsiest evidence it had ever been his good fortune to demolish.

With regard to the so-called imported bull the case against his clients was apparently stronger, but he placed no reliance upon the statements of the witnesses, who averred that they knew him so thoroughly that they could not be deceived in him. He distrusted their evidence and believed the jury would distrust it too. The brand was as different as possible from the brand seen to have been on the beast originally. One short-horn was very like another. He would not undertake to swear positively in any such case, and he implored the jury, as men of the world, as men of experience in all transactions relating to stock (here some of the people in the court grinned) to dismiss from their minds everything of the nature of prejudice, and looking solely at the miserable, incomplete, unsatisfactory nature of the evidence, to acquit the prisoners.

It sounded all very pleasant after everything before had been so rough on our feelings, and the jury looked as if they'd more than half made up their minds to let us off.

Then the judge put on his gla.s.ses and began to go all over the evidence, very grave and steady like, and read bits out of the notes which he'd taken very careful all the time. Judges don't have such an easy time of it as some people thinks they have. I've often wondered as they take so much trouble, and works away so patient trying to find out the rights and wrongs of things for people that they never saw before, and won't see again. However, they try to do their best, all as I've ever seen, and they generally get somewhere near the right and justice of things.

So the judge began and read--went over the evidence bit by bit, and laid it all out before the jury, so as they couldn't but see it where it told against us, and, again, where it was a bit in our favour.

As for the main body of the cattle, he made out that there was strong grounds for thinking as we'd taken and sold them at Adelaide, and had the money too. The making of a stockyard at the back of Momberah was not the thing honest men would do. But neither of us prisoners had been seen there. There was no identification of the actual cattle, branded 'HOD', alleged to have been stolen, nor could Mr. Hood swear positively that they were his cattle, had never been sold, and were a portion of his herd. It was in the nature of these cases that identification of live stock, roaming over the immense solitudes of the interior, should be difficult, occasionally impossible. Yet he trusted that the jury would give full weight to all the circ.u.mstances which went to show a continuous possession of the animals alleged to be stolen. The persons of both prisoners had been positively sworn to by several witnesses as having been seen at the sale of the cattle referred to. They were both remarkable-looking men, and such as if once seen would be retained in the memory of the beholder.

But the most important piece of evidence (here the judge stopped and took a pinch of snuff) was that afforded by the short-horn bull, Fifteenth Duke of Cambridge--he had been informed that was his name.

That animal, in the first place, was sworn to most positively by Mr.

Hood, and claimed as his property. Other credible witnesses testified also to his ident.i.ty, and corroborated the evidence of Mr. Hood in all respects; the ownership and ident.i.ty of the animal are thus established beyond all doubt.

Then there was the auctioneer, Mr. Runnimall, who swore that this animal had been, with other cattle, placed in his hands for sale by the older prisoner. The bull is accordingly sold publicly by him, and in the prisoner's presence. He subsequently receives from the witness the price, about 270 Pounds, for which the bull was sold. The younger prisoner was there at the same time, and witnessed the sale of the bull and other cattle, giving such a.s.sistance as would lead to the conclusion that he was concerned in the transaction.

He did not wish to reflect upon this or any other jury, but he could not help recalling the fact that a jury in that town once committed the unpardonable fault, the crime, he had almost said, of refusing to find a prisoner guilty against whom well confirmed evidence had been brought.

It had been his advice to the Minister for Justice, so glaring was the miscarriage of justice to which he referred, that the whole of the jurymen who had sat upon that trial should be struck off the roll. This was accordingly done.

He, the judge, was perfectly convinced in his own mind that no impropriety of this sort was likely to be committed by the intelligent, respectable jury whom he saw before him; but it was his duty to warn them that, in his opinion, they could not bring in any verdict but 'Guilty' if they respected their oaths. He should leave the case confidently in their hands, again impressing upon them that they could only find one verdict if they believed the evidence.