Starlight never moved a muscle.I've seen a good many cool hands in my time, but I never met any one like him.I had given notice to one of the Melbourne police as he came aboard, and he arrested the half-caste, known as Warrigal.I produced a warrant, the one now before the court, which is signed by a magistrate of the territory of New South Wales.'
The witnessing part was all over.It took the best part of the day, and there we were all the time standing up in the dock, with the court crammed with people staring at us.I don't say that it felt as bad as it might have done nigh home.Most of the Nomah people looked upon fellows stealing cattle or horses, in small lots or big, just like most people look at boys stealing fruit out of an orchard, or as they used to talk of smugglers on the English coast, as I've heard father tell of.Any man might take a turn at that sort of thing, now and then, and not be such a bad chap after all.
It was the duty of the police to catch him.If they caught him, well and good, it was so much the worse for him; if they didn't, that was their look-out.It wasn't anybody else's business anyhow.
And a man that wasn't caught, or that got turned up at his trial, was about as good as the general run of people; and there was no reason for any one to look shy at him.
After the witnesses had said all they knew our lawyer got up and made a stunning speech.He made us out such first-rate chaps that it looked as if we ought to get off flying.He blew up the squatters in a general way for taking all the country, and not giving the poor man a chance --for neglecting their immense herds of cattle and suffering them to roam all over the country, putting temptation in the way of poor people, and causing confusion and recklessness of all kinds.Some of these cattle are never seen from the time they are branded till they are mustered, every two or three years apparently.They stray away hundreds of miles -- probably a thousand -- who is to know? Possibly they are sold.
It was admitted by the prosecutor that he had sold 10,000 head of cattle during the last six years, and none had been rebranded to his knowledge.
What means had he of knowing whether these cattle that so much was said about had not been legally sold before? It was a most monstrous thing that men like his clients -- men who were an honour to the land they lived in --should be dragged up to the very centre of the continent upon a paltry charge like this -- a charge which rested upon the flimsiest evidence it had ever been his good fortune to demolish.
With regard to the so-called imported bull the case against his clients was apparently stronger, but he placed no reliance upon the statements of the witnesses, who averred that they knew him so thoroughly that they could not be deceived in him.He distrusted their evidence and believed the jury would distrust it too.The brand was as different as possible from the brand seen to have been on the beast originally.
One short-horn was very like another.He would not undertake to swear positively in any such case, and he implored the jury, as men of the world, as men of experience in all transactions relating to stock (here some of the people in the court grinned)to dismiss from their minds everything of the nature of prejudice, and looking solely at the miserable, incomplete, unsatisfactory nature of the evidence, to acquit the prisoners.
It sounded all very pleasant after everything before had been so rough on our feelings, and the jury looked as if they'd more than half made up their minds to let us off.
Then the judge put on his glasses and began to go all over the evidence, very grave and steady like, and read bits out of the notes which he'd taken very careful all the time.Judges don't have such an easy time of it as some people thinks they have.I've often wondered as they take so much trouble, and works away so patient trying to find out the rights and wrongs of things for people that they never saw before, and won't see again.However, they try to do their best, all as I've ever seen, and they generally get somewhere near the right and justice of things.So the judge began and read --went over the evidence bit by bit, and laid it all out before the jury, so as they couldn't but see it where it told against us, and, again, where it was a bit in our favour.
As for the main body of the cattle, he made out that there was strong grounds for thinking as we'd taken and sold them at Adelaide, and had the money too.
The making of a stockyard at the back of Momberah was not the thing honest men would do.But neither of us prisoners had been seen there.
There was no identification of the actual cattle, branded `HOD', alleged to have been stolen, nor could Mr.Hood swear positively that they were his cattle, had never been sold, and were a portion of his herd.
It was in the nature of these cases that identification of live stock, roaming over the immense solitudes of the interior, should be difficult, occasionally impossible.Yet he trusted that the jury would give full weight to all the circumstances which went to show a continuous possession of the animals alleged to be stolen.
The persons of both prisoners had been positively sworn to by several witnesses as having been seen at the sale of the cattle referred to.They were both remarkable-looking men, and such as if once seen would be retained in the memory of the beholder.
But the most important piece of evidence (here the judge stopped and took a pinch of snuff) was that afforded by the short-horn bull, Fifteenth Duke of Cambridge -- he had been informed that was his name.
That animal, in the first place, was sworn to most positively by Mr.Hood, and claimed as his property.Other credible witnesses testified also to his identity, and corroborated the evidence of Mr.Hood in all respects;the ownership and identity of the animal are thus established beyond all doubt.
