The trial of Mr. Carew on the charge of murdering her husband was resumed in H.B.M.'s Court on Wednesday, the 20th inst.
The There is a point I overlooked have arrived is that your lordship has ruled when Mr. Mason was in the box.
Will he a letter ought riot to be given in evidence appear again Mir. Wilkinson—I hare telegraphed for upon the strength of the cases which were referred to. I don't know whether I have him, my lord, to come down, and I shall convinced your lordship that the.cases did make an application for him to be allowed not bear the construction which your lord-to be recalled. In any case if your lordship put at that moment upon them; but I ship—would ask in any case whatliee the con-'The Judge—Yes, I wish him to be restruction that I urged when I did argue it called on a point I overlooked. Then I before your lordship, is the right one, or mentioned the matter the other day of 17th whether, there is any discretion in your and 19th Exhibit R. That is not cleared lordship that the evidence should be now Pits, Wilkinson—It is not cleared up. I admitted. Of course the position is different now from what it was before your will try and have that cleared up for the lordship made the ruling; and the question afternoon. is whether, if a proper case is made out, The Judge—Is there any medical that ruling can be reversed. I submit, my evidence? lord, that' most clearly it can. I cannot my lord, Dr. find anything bearing upon the exact point Worden. with the exception of two cases which I Dr. Whiting Sweeting Worden was re-shall mention, but there isa point which called, and examined by Mr. Wilkinson. bears incidentally upon it and has a very Have you since yesterday, when you strong bearing indeed, and that is the were in Court, seen Miss Jacob?—Yes. right of Judges at all times until the final Would you state what condition she has decision is given or judgment entered, to been in since, and what condition she was reconsider their judgment, and one strong in when you last saw her? case is that in which Judges of Assizes and The Judge—When did you last see her?
Sessions can, after sentence upon the—Yesterday, about four o'clock, and again risener, recall the prisoner and give a yesterday evening about 8.15. igher or lower sentence. The cases upon And this morning?—About a quarter that point are mentioned in Archibald's after nine.
Mr. Wilkinson—What condition is she Peading and Evidence in Criminal Cases 19th Edition, 190, in which it is in this morning?—I found her in bed with stated that the Court may at-any time severe headache and a pulse of 118. during the same Sessions or Assizes, or any to attend to give evidence?—Yes.
The Judge—And unable in your opinion adjournment thereof, vacate the judgment passed upon the defendant before it has Mr. Wilkinson—Do you think it possible a matter of record, and pass another for her to be able at any time during the sentence less or even more severe. In my day to attend and give evidence?—I think own experience I have seen that done not. ti vice. It arose out of a mistake of the Mr. Wilkinson—Then I have another Judge in overlooking the statist and imwitness. ing a minimum sentence after a pre-William Bryce Orme was called and exvious conviction. In that case the sen-amined by Mr. Wilkinson. tence would have been perfectly. cor-You are a British subject 2—Yes. rect on a first conviction, but wrong on tion {Member of the College of Surgeons Would you state your medical qualifica second, and the prisoners were brought up on a subsequent date and sentenced of England and L.R.C.P. of London. to the sentence which the Law requir-moment?—Surgeon of the P. & 0. 8.8, 'The Judge—And what are you for the ed; so tha' there was a very' solemn step taken. It was taken in mistake, but Formosa. it was held that as long as the Sessions or Have you seen Miss Mary Esther Jacob Assizes lasted it could be remedied,—Yes, I saw her last night. submit that at the present time, until the At what time?—8.15.
Crown has closed its case, there is time for With Dr. Worden, who has just been in reconsideration, and I shall refer to the the box?—He.was there at the same time. only cases which seem to bear upon that.
Did you see her this morning again Yes, at 9.15, lordship to 6 East, 328.
In support of that point Iwill refer your
him, With Dr. Worden?—I was there before The Judge—I.quite followed it as you read it from Archibald. It is not the, same.
The Judge—Was he there before you point, is it? left?—Yes.
Mr. Wilkinson—No, my lord, but I sub Mr. Wilkinson—Is she in your opinion mit that it has a very strong bearing upon fit to attend here to-day to give evidence—No, she is not.
The Judge—There the prisoners were The Judge—You are not able to say found guilty? when she might be able?—I should not Mr. Wilkinson—And sentenced. think for some days at least. I may say I The Judge—And then the judge proceed-found the pulse to be 116 and the heart ed to pass a proper sentence, was beating at 132; there were sixteen Mr. Wilkinson—Then, though he had beats to the minute which did not reach passed an improper sentence in the first the pulse, so that I would infer that her instance. heart is in a very weak condition, The Judge—It is not too late for him to Mr. Lowder put no questions. proper sentence. That is what that Mr. Wilkinson—I have just asked Dr. is—upon @ person found guilty. That is Orme and he tells me he is going away on the whole of it.
Thursday morning, so that I cannot ask Mr. Wilkinson—There is the case of the him to come again.
Cases, page 120. "In that case " police-Queen v. Nicolas, in 6 Cox's Criminal The Judge—It is fixed for to-morrow morning?
Dr. Grme—Yes, but there is sometimes constable took the statement of a man, who as he finished said, "Oh! my Godt delay.
Tam going fast. Iam too far gone to say Mr. Wilkinson—I have, my lord, been anything more." The counsel for the pro-considering very anxiously my position secution proposed to read the statement Satow, which was tendered in evidence sad with regard to the letter to Sir Ernest which the constable had written down, but this was objected to on the ground, that the your lordship's ruling with regard to it.
Livery unusual to asks jadge to reconsider man did not know he was dying when he made the statement, and the Judge found a ruling' of that sort, but Ihave only to that at was only when the man had made urge that I should have argued the case the statement that he found that he was before your lordship in the first instance if "going fast." Counsel for the prisoner had not laboured under a misapprehenwithdrew his objection to the admission of sion. That misapprehension is no doubt the evidence, which was as much in favour j my own fault, but the point at which we the prisoner as against him, but the
Text read from the printed page and cleaned; old type leaves the occasional error.