The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-11-09

inference that Ernest Bailey is alb
sent from Canada. 1t had been shown
| by police officers that every effort
had been made to ascertain his where.
abouts. it had been shown that re-
ward was offered for information lead
ing to the discovery of his where
abouts and the publication Of this re-
ward was made in q number of the
newspapers covering period of from
one to six weeks. 1t had been further
shown that the last seen or heard of
Bailey he was out of Canada at Han
nah. \. D.. where he was driven by
the witness Refs. Legal authorities
were quoted in support of the argu-
me1t.
His Lordship's Ruling.
In reply his lordship said: This
matter is enc where the Judge must
simply exercise his own discretion.
Formerly such deposition could not
under any circumstances be given in
the evidence. but because of the par
ties going out of the country across
the line and deliberately staying there
and known to be staying there. an
act was passed allowing dispositions
to be given under these circumstances
The jury in case of this kind do not
hear this evidence given. 1t is we'll
known. evidence put in cold type some
times has very different effect from
evidence given in court where men
state what they know.
Take for instance this man Thomp-
son. He stated things that mikht look
very we'll in cold type. but which
fancy very few people would pay much
credence to. l think this law was
passed to enable us if We think people
are deliberately staying out of the
province. The judge. If he thought
best, could allow the evidence to go
on. Now, I don't thinks the evidence
that the party has been searched for
In a particular part of Canada is evil
dence that the party is out of Canada
1t is true the evidence is that he was
driven across the line. driven from
the stable where he was working. leav-
Ing his horse and buggy behind him,
and the horse and buggy are still there
At place where people are constant
~ passing and re-passing across the
line down to a place, l understand
which is very close to the line on the
other side. l do not think l can infer
from that that the man is out of the
country. do not think l ought to
infer so far as to let in the deposit
tons. Under these circumstances the
letting of such dispositions in may
work serious wrong to the accused.
I, He is charged with a very serious
crime. If you could show this man
was seen within day or two over
there it might be another thing. This
a oko
| parently he has disappeared from that
neighborhood and may have come
back to Canada as we'll as gone to
otherparts of the United States. /
think l must rule that cannot receive
the dispositions"
Mr. Potts-"Very we'll then. my lord,
the crowns case is closed"
Pleaded for Adjournment.
Mr.. Bonnar then pleaded with his
lordship for an adjournment until the
next assizes in view OF the evidence
OF Thompson. He did not know what
weight it would have with the Jury,
but in justice to his client and him
Self he though it his duty to have the
! case postponed, to enable him to bring
before the court with evidence of a
more substantial character in refer
ence to the prisoners innocence. An
other thing. one of his witnesses had
suddenly taken ill. Then he refer
red to the evidence of the hotel men
and Wise, which he felt should be
procured.
His lordship asked how it would be
possible to have the witnesses refer
red to here for another trial if they
were not here now did you not
subpoena them?" he asked. Mr.. Bon
mar replied they had no money. He
felt 1t was the duty of the crown to
subpoena all witnesses who could
throw light on the case, not only to
prove. the case against the prisoner.
but all who could tell the truth re-
garding it.
Referring again to the surprise re-
celved at Tompson being introduced
as a witness Mr.. Bonnar was inter-
rupted by his lordship. who said: "Oh,
Mr. Bonnar. do you really believe any
person In this court places any weight
in this mans testimony. 1t was the
duty OF the crown to call this man, his
statements having come to their no.
tlce. The man comes and swears on
his own testimony what two juries
have found untrue. His record is such
that / do not know that I could think
OF any person less deserving Of Gre
dence. l could hardly see that |
could expect the evidence of a man
OF that description would have any
weight AS to putting any faith in
anything that man says l must trust
to the jury to exercise some common
sense with character of that descrip-
ton. l could reserve your case If 1t
was found afterward that the Thomp-
sons evidence had carried any weight,
although 1t seems most incredible that
1t should" He then ordered the case
to go on