The case for the Crown being closed, Mr. England proceeded to call the witnesses for the defence. The first name was that of Charles Stirling. He came forward with a firm, confident air, tempered with respect to the court. Placed in the witness-box, his evidence was to this effect—

'My name—Charles Stirling, manager of the Growlers' Gully branch of the Australian Joint-Stock Bank. Have known the prisoner, Trevanion, intimately since his occupation of Number Six claim. Have a high opinion of him as a man of honour and a gentleman. Remember him purchasing the bay horse now proved to have been stolen from Mr. Jeffreys. Was consulted as to the purchase. Advised him then to be careful about Lawless's receipt, and to satisfy himself from whom he (Lawless) had purchased the animal. Trevanion was unwilling to believe anything against the Lawless family, and was not a man to be guided by others. As far as he knew, he was scrupulously upright and honourable. He (Stirling) was never so surprised at anything in his whole life as when he heard that Trevanion was in the hands of the police. There must be a mistake somewhere. Prisoner had a large balance to his credit in the Joint-Stock Bank. There could be no motive for saving a paltry fifty pounds by purchasing a stolen horse. If it was sworn that Trevanion had been seen at Balooka on the 19th September or previously, that statement was false, as on that day he had been all the morning at the Joint-Stock Bank disposing of a parcel of gold, seeing it weighed, and the money placed to credit.'

Cross-examined by Sergeant Dayrell: 'He was as certain that Trevanion was at his bank at Growlers' on Thursday as that he himself was at court now. Any one who swore otherwise was deceived, or else had reasons of their own for committing perjury. He did not intend to be other than respectful to the court, but felt so strongly in this matter that he could scarcely control his words. Was not aware, of his own knowledge, that Trevanion was in the habit of gambling with the Lawlesses for heavy stakes. May have heard something of the sort. Most of the young men at the diggings played a little; it afforded a relief to the monotony of their lives, and they (as far as he knew) never went very deeply into it. Was a friend—he might say a particular friend—of prisoner's. He and his mate, Mr. Polwarth, were customers of his bank. Neither had ever owed his bank money, they were always depositors.'

John Polwarth, sworn: 'Was mate and partner in "Number Six, Growlers'" with Mr. Trevanion. Had known him in England. Came out in the same ship. Could swear that he never knew the horse "Pendragon" was stolen. He was a gentleman, and couldn't steal a horse if he tried ever so hard; or buy a stolen one, knowingly. He had been with Mr. Trevanion at the bank all the morning of Thursday, 19th inst. Mr. Stirling was there, and a clerk.'

'Was he sure it was him?'

'Was he sure the judge was on the Bench now?'

'How did he explain the fact of prisoner Trevanion being seen at Balooka on Wednesday, 18th, and previously?'

'Only by believing it to be "a straight lie," or that the witness saw some one very like Trevanion.'

'Very like Trevanion?'

'Very like.'