postponed, and Herbert's sentence deferred. Shortly afterwards Justice Rose died. After postponements Gerald was put on his trial before Justice MacMahon in the fall of 190 1, when Walter Herbert and James and Martin Morden appeared and gave evi dence, with a formidable array of medical experts on both sides, who were, as might be expected beforehand, contradictory in their views. The jury disagreed. Since then James and Martin Morden left the country, and are now living at Davenport, Iowa; and it may be mentioned that an act has been passed for Canada limiting the number of expert witnesses as to any one point to five on either side. After further postponements Gerald Sifton was again put on his trial before Mr. Justice Britton at the beginning of last month (November). The Crown gave evi dence of the absence from the country of James and Martin Morden, and of the failure of all efforts to procure their appearance; thereupon their evidence as given last year was read. The medical expert evidence was reduced to five on each side, and was, as be fore, contradictory. The principal witness was Walter Herbert, the only possible wit ness, besides the accused himself, to the fact which caused the death. Herbert repeated the evidence given by him at the trial last year; told of a conversation with the accused early on the morning of the 30th, at which the accused offered him a reward to go with him and help him to murder the old man, and to be prepared to testify that it was an acci dent; of the actual blows struck by each of them on the old man's head with an axe; of
his being stunned by the blows, and thrown out of the barn on to the ground below, when more blows on the head were given to finish the deadly work. The theory of the defence was that the death was accidental; that the confession made by Herbert and the evidence of James and Martin Morden, were parts of a scheme concocted by Edgar Morden, the forger of the will, to draw money from the accused; that Herbert's confession was " something that seized Herbert like a nightmare, and, imprinted on his mind, it remains until he conceives it to be true"; and lastly that Herbert's evidence must be untrue, because the appearance of the skull as deposed to by those who made the autopsy, was inconsist ent with the many blows by the axe deposed to, but was consistent with an accidental fall from the beam of the barn as stated at the time of the death. After three and a half hours' deliberation the jury came into court and said there was no chance of their agreeing; but after being locked up again for not quite half an hour they again came into court, this time with a verdict of " Not guilty." The words addressed by the judge to the accused are significant, and suggestive. "The jury have taken a very merciful view of your case, and they find you not guilty; you are therefore discharged." So Gerald Sifton goes forth acquitted, while Walter Herbert will have to be brought up to the bar of justice next January to re ceive the sentence of death on his own plea of " Guilty." Proving once again that the Law is a fickle jade.
