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 circumstances 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 identity, and corroborated the evidence of Mr. Hood in all
respects; the ownership and identity 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 assistance as would lead to the conclusion
that he was concerned in the transaction.
He did not wish to reflect upo
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