The Sun.
London, England, 1855-05-10 00:00:00

After a long pause, the witness, in a low tone, said,
"Yes, I can swear it between God and man."
As Mr. Bailantine continued to press his question to
a more definitive answer the witness seemed to waver
and hesitate more. First he said he would pledge- his
oath, faith, and honour, and then his firm belief, that'
the prisoner was the man. Next he said he would not
prejudice his own soul in swearing to what was not the
fact.

In further cross-examination, and as Mr. Ballantine's
questions assumed a tone of deeper solemnity, the wit-
ness became more and more confused, and slow in his
answers. He said he first mentioned the fact of seeing
the prisoner going from the battery to Mr. Hepworth,
the iron ship-builder at Mr. Russell's, and described him
as clad in a fustian or light-coloured dress. When asked
if he should know him again he replied in the affirmative.
It was on Saturday last he told a constable of his hav-
ing worked with the prisoner at the building of the Esk.
He never had applied to the prisoner since his re-
turn in March last from Sydney and Callao to get him
into a trades' union, nor had be quarrelled with him
for refusing to do so. He could not have had any con-
versation with the prisoner on the subject three or four
months ago, for it was only on the 23d of March last
that be was discharged from his vessel.
The witness here put in his discharge, which bore
that date.

In answer to Mr. Hobler witness said he saw the
prisoner most distinctly, and had no doubt in his mind
that he was the man who got away over the lime-kiln
and across the shed. He did not follow him, as he
knew there was no mode of egress but by dropping into
an adjoining garden, which abutted on the Ferry-road.
At this stage of the proceedings Mr. Hobler said that
he trusted he had shown, on the part of the prosecution,
that there were sufficient grounds for a remand.
Mr. Ballantine would not deny that ; but the ques-
tion was one of vast unportlnce, for it could scarcely be
supposed than at the present juncture any Englishman
could be found who, fora trifling difference about wages,
could do his country so serious a mischief: It was not
for him (Mr. Ballantine) to say that the last witness was
entirely mistaken as to the identity of the prisoner, or
urged to accuse him from improper motives. He could
not, as the evidence stood, aik his worship to discharge
the prisoner, but he was prepared to produce evi-
eence, if its production would induce his worship to
accept bail, which would clearly show that it was
physically impossible his client could have committed
the incendiary act attributed to him, inasmuch
as his whereabouts on the Thursday night could be ac-
counted for, with the exception of brief lapses of from
half an hour to 20 minutes.

Mr. Ingham said that when reasonable cases of this
nature were made out, though they were not exactly
such as ought to besent to a jury, he did not think them
susceptible of bail, and there would be, therefore, very
little use in calling thb evidence which the learned gen-
tleman said he could adduce.
_ _

Mr. Baliantine—l merely, throw out the suggestion,
thinking it my duty to see that ray client was not borne
down by the weight of public opinion, which must press
upon him whilst he labours under this serious charge,
and to show that he is capable and ready to answer it.
At the instance of Mr. nobler, Mr. Ingham remanded
the case for a week, at which time Mr. Superintendent
Howie said he should most probably be prepared with
further evidence.