Robbery Under Arms, Rolf Boldrewood [pdf e book reader txt] 📗

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 shorthorn 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 glasses 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 livestock, 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 shorthorn 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, 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 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.

The jury all went out. Then another case was called on, and a fresh jury sworn in for to try it. We sat in the dock. The judge told Starlight he might sit down, and we waited till they came back. I really believe that waiting is the worst part of the whole thing, the bitterest part of the punishment. I’ve seen men when they were being tried for their lives⁠—haven’t I done it, and gone through it myself?⁠—waiting there an hour⁠—two hours,