Journals Of Expeditions Of Discovery Into Central Australia And Overland From Adelaide To King George's Sound In The Years 1840-1: Sent By The Colonists Of South Australia By Eyre, Edward John

























































































































 -  Without a jury of your own
countrymen - without the power of making adequate defence, by speech or
witness - you are - Page 896
Journals Of Expeditions Of Discovery Into Central Australia And Overland From Adelaide To King George's Sound In The Years 1840-1: Sent By The Colonists Of South Australia By Eyre, Edward John - Page 896 of 914 - First - Home

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Without A Jury Of Your Own Countrymen - Without The Power Of Making Adequate Defence, By Speech Or Witness - You Are

To stand the pressure of every thing that can be alleged against you, and your only chance of escape is,

Not the strength of your own, but the weakness of your adversary's case. Surrounded as your trial was with difficulties, everything, I believe, was done that could be done to place your case in a proper light before the jury. They have come to a conclusion satisfactory, no doubt, to their consciences. Whatever might be the disadvantages under which you laboured, they were convinced, as I am, that you destroyed the life of Dillon; and as there was nothing proved to rebut the presumption, of English law, arising from the fact of homicide being committed by you, they were constrained to find you guilty of murder. There may have been circumstances, if they could have been proved, which would have given a different complexion to the case from that of the dying declaration of the deceased, communicated to the Court through the frail memory of two witnesses, who varied in their relation of his account of the transaction. This declaration, so taken, was to be regarded as if taken on oath, face to face with your accuser; and, although you had not the opportunity of being present at it, and of cross-examining the dying man, yet by law it was receivable against you."

In vol. ii. p 380, Captain Grey says:

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