Australia -- Gold discoveries -- Fiction; Ballarat (Vic.) -- Fiction
credibility of the witnesses, were for them to consider. They were the
judges of fact. But it was their especial duty to give the prisoner the
benefit of all reasonable doubt--a doubt which he should certainly share
with them if they brought in a verdict of _not guilty_.'
When Mr. England heard the conclusion of the judge's charge, he scarcely
doubted for a moment that after a short retirement of the jury his
Honour's last words would be repeated by that responsible body. He
therefore sat down, and calling over Charles Stirling, imparted to him
confidentially his feeling on the subject. 'His Honour plainly and
unmistakably was with them, and had summed up dead in favour of
Trevanion. He was one of the best judges of the Victorian Bench,
clear-headed and decisive, detesting all mere verbiage. A man, a
gentleman, a sound lawyer--all these Judge Buckthorne was known to be.
Pity he could not borrow a little deportment from Sir Desmond, who had
enough and to spare.'
Thus they talked while the business of the court went forward. Another
jury had been impanelled; another case called on; another prisoner had
been put in the dock and placed on the farther side with Ned Lawless.
They seemed to know each other. Lance cast upon him a brief, indifferent
glance, and resigned himself to silent endurance.
With respect to the issue, Charles Stirling was by no means so confident
as his legal friend, veteran as he was, boasting the scars of a hundred
battles. But in his character of banker he had the opportunity of
hearing the general public, as represented by the 'legitimate miner,'
as he was fond of calling himself, which means every sort and condition
of mankind, anxious to compel fortune by the primeval process, but
wholly without capital to develop enterprises.
Now the jury was chiefly composed of ordinary miners. Of these it so
happened that a large number had had their horses stolen. They were
valuable animals at that period, most difficult to replace, and the
owners, therefore, felt their loss acutely. They came to the trial with
a fixed and settled intention of striking a blow at horse-stealers, to
which end it was necessary that some one, they hardly cared who, should
suffer.
They were determined that an example should be made. It would do good
and prevent others from being so immoral and short-sighted as to rob
honest miners.
'This Trevanion,' they reasoned, 'had really been mixed up with the
Lawless crowd, and a worse lot, now it turned out, had never been seen
near Ballarat.'
It was argued that the evidence went to show that he had been a known
friend and an intimate of the family at the place with the native name,
and had been seen there when horse-stealing on a large scale was being
carried on.
Public-domain text, read in full here on John Shaqi.
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