TUESDAY, FEBRUARY 27th
(Before His Honor Mr Justice, A'Beckett ) A MURDER CHARGE Thomas Pryke, and Albert Pryke brothers, were charged with the murder of Walter Doolan, at Boolarra on or about New Year's Day. Mr Maxwell appeared for the accused. All witnesses were ordered out of Court. Mr Gurner said that Dr. Horne had been asked to retire and he thought should be permitted to remain. Mr Maxwell said it was not usual to order the medical witnesses out of Court, but had a special reason for doing so [?] no dire [?] though [?] shortly [?] His Honor [?] not see [?] an exception of the [?] The case [?] Doolan who was much the worse for drink, though not drunk, went to sleep on the footpath, and that soon after the two prisoners came along and inflicted the injuries which caused death. Doolan was in the habit of get- ting drunk and lying about anywhere Albert Pryke was under the influence of drink at the time and was being helped along by his brother. Albert Pryke's waistcoat and watch were found near Doolan by some passers by, and put the waistcoat in a bag and put it under Doolan's head, not knowing he was injured. He was found in this position next morning with his [?] badly cut and other injuries on the body, including broken ribs and injuries which, according to the doctor, were sufficient to cause death. Mr Maxwell, for the defence, urged that there was no evidence of murder, and that the evidence against the accused on the lesser charge of man- slaughter was very weak. Even if they admitted that the voices heard in the row with Doolan were the prisoners, it was clear that one of them was trying to restrain the other. Could the jury say which one ? He pointed out that Albert Pryke was a good deal with Doolan and had shouted for him the night. The police case was a best guesswork one, and was bated on the finding of Albert Pryke's vest near Doolan. It was strange that the 0ne man who had ever shown malice against Doolan was the Crown witness Scott. Scott would not deny that he had one time had a fight with Doolan, and that he said that if ever he got a chance he would kick his ribs in. His Honor thought Mr Maxwell was acting unfairly in making such crude suggestions against Scott. Mr Maxwell said he did not intend to accuse Scott, and regretted His Honor had found it necessary to pull him up. But he wanted to point out that Scott had threatened Doolan and that one of the witnesses who heard the voices said that at first he thought it was Scott's, but then decided it was a stranger's voice. The prisoners were well known to the witnesses and their voices were not recognised. In regard to the medical evidence he thought the doctor should have examined the deceased's brain, as it was possible he had not died from shock from his injuries but from the bursting of a blood vessel on the brain. Tue jury had to be satisfied that he died from the injuries received that night and that they were inflicted by the prisoners. If by one of them which one. His Honor told the jury to dismiss the murder charge from their mind. There was no evidence to support it; not because the men were drunk for drunkeness was no excuse. The facts warranted them in taking a merciful view. There was a row and the injuries were inflicted whilst the men were there. There was little evidence against Thomas Pryke but there was the evidence of the vest against Albert. The throwing off of a vest was a natural thing for a man to do who was about to fight. The jury brought in a verdict of not guilty and the accused were discharged.
