Objected to by counsel for defence. Argument:—Firstly, motives, like beliefs, not admissible; case cited, Higginbottom v. Smithers. Secondly, not called out on Direct Ex.; see Swinke v. Swanke, opinion of Muggins, J., 2 Cal. Rep. Thirdly, witness not obliged to answer questions tending to self-crimination. Objection overruled by the Court. Precedent not cited; real motive, Curiosity. Boompointer, J. Question repeated:—
"What was your idea or motive in assuming the name of Gabriel Conroy?"
Gabriel (cunningly, and leaning confidentially over the arm of his chair): "Wot would be your idee of a motif?"
The witness, amidst much laughter, was here severely instructed by the Court that the asking of questions was not the function of a witness. The witness must answer.
Gabriel: "Well, Gabriel Conroy was a purty name—the name of a man ez I onst knew ez died in Starvation Camp. It kinder came easy, ez a sort o' interduckshun, don't ye see, Jedge, toe his sister Grace, ez was my wife. I kinder reckon, between you and me, ez thet name sorter helped the courtin' along—she bein' a shy critter, outer her own fammerly."
Question: "In your early acquaintance with the deceased, were you not known to him as Gabriel Conroy always, and not as—er—er—Johnny Dumbledee?"
Arthur Poinsett here begged to call the attention of the Court to the fact that it had not yet been shown that Gabriel—that is Johnny Dumbledee—has ever had any early acquaintance with the deceased. The Court would not fail to observe that counsel on the direct examination had restricted themselves to a simple question—the name of the prisoner.
Objection sustained by Judge Boompointer, who was beginning to be anxious to get at the facts. Whereat Colonel Starbottle excepted, had no more questions to ask, and Gabriel was commanded to stand aside.
Betting now five to one on Arthur Poinsett; Gabriel's hand, on leaving the witness box, shaken cordially by a number of hitherto disinterested people. Hurried consultation between defendant's counsel. A note handed to Colonel Starbottle. Intense curiosity manifested by Manuela and Sal regarding a closely veiled female, who enters a moment later, and is conducted with an excess of courtesy to a seat by the gallant Colonel. General impatience of audience and jury.
The defence resumed. Michael O'Flaherty called; nativity, County Kerry, Ireland. Business, miner. On the night of the murder, while going home from work, met deceased on Conroy's Hill, dodging in among the trees, for all the wurreld like a thafe. A few minutes later overtook Gabriel Conroy half a mile farther on, on the same road, going in same direction as witness, and walked with him to Lawyer Maxwell's office. Cross examined: Is naturalised. Always voted the Dimmycratic ticket. Was always opposed to the Government—bad cess to it—in the ould counthry, and isn't thet mane to go back on his principles here. Doesn't know that a Chinaman has affirmed to the same fact of Gabriel's alibi. Doesn't know what an alibi is; thinks he would if he saw it. Believes a Chinaman is worse nor a nigger. Has noticed that Gabriel was left-handed.