le 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 identity.
'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 breasts of persons who are unjustly
convicted.'
. . . . .
This about ended the trial. There was quite enough proved for a moderate
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