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THE SIFTBN MURDER TRIAL. The Evidence All In---Addresses by Counsel and Judge---Verdict of the Jury. At the Sifton murder trial at Lon- don, the latter part, of the case Wa‘s principally taken up by medical cvn- dence. Several witnesses were also recalled. In cross-examination Mr. Johnston got. the facts about, the famous but- ter paper (cill, made on the night Mr fore the tragedy, before the jury, and ail about Edgar Mordcn and his do- ings with it. John Sifton had on- tered suit against Mordcn and gained a. verdict, having proved that the butter paper will was a. forgery. “John Sifton, brother of the late Joseph Sitton, and uncle of the pris- oner. was called as u. CrOWn witness. but gave good evidence for the de- fence. In the first plaCe he said that Gerald Sifton did not. as far as he was aware, know of the contents of Joseph Sifton's will. He said furth- er, he had never asked for an in- quest. By John Waters, Registrar of Midâ€" dlescx, it: was attempted to prove that. Gerald Sifton was financially in- volved, and in such circumstances that, the death of his father would afi'ord great relief and a great. inheri- tunce. Mr. Johnston objected. He pointed out that there was no evidence that Sifton knew the contents of his to.- ther’s will. The Court upheld the objection. David Lecldo identified the knife found in the straw in the Simon barn mow as the one he had lent, Joseph Sifton a few days before his death. was recalled. He said that Gerald Sifton had told him that, the late Joseph Sifton had in his will left an inheritance to him (Sifton). He would not, swear to the day or month the conversation took place, nor anything more about it. Sifton had said to him, "Everything is wil- led to me.” That, he remembered distinctly. "Why did you not tell of it when in the box the other day?” asked his Lordship. "1 did not think it was necessary," said Morden. Dr. Williams, of London, said he believed the bruises of S fton's head might be made by a. fall or a series of blows. He discredited Herbert’s statement that, ten or twelve blows were poured on the head. Edward Peters, a, neighbor, said that there had been trouble between Joseph and Gerald Sifton. because of Joseph calling Mrs. Sliton names. He said he would have been mad, too, if his Wife had been called such a. name. Joseph Sifton was a. quar- relsome man. Dr. Williams stated that neither Sifton’s skull nor Dr. McNeill’s evi- dence as to the conditions he found, told any such story as that told by Walter Herbert of the number of blows from two such powerful men delivered with intent to kill. Dr. Roome told much the same story. DEFENCE GIVES EVIDENCE. Dr. Arthur Jukcs Johnson declar- ed that the theory that the skull had received a number of forcible blows, as described by Herbert, was absurd. Such blows delivered on top of the head would crack the skull like an eggshell. The boggy mass on top of the head could have been produced by impact with the ground. A metallic surface like an axe would not be likely to produce the injury. The blow which caused the wound on top of the head, he believed, produced the fracture on the right side. The skull, he said, was not consistent with anything in the evidence. In the crossâ€"examination, Dr. Johnson admitted to Mr. Riddle that the boggy mass on top of the head could have been produced by a. blow from the flat side of an axe. The wound on the back of the head, he asserted. could not, be produced by the flat of an axe, as described by Herbert. Briefly, the evidence of Dr. Caveml of Toronto, amounted to this : Thel death of Joseph Siiton might. have been due to a. fall or to blows. He was inclined to the fall theory. A series of blows would have separat- ed the periostium from the skull. AI single blow from an axe at right angles would not. have produced the skull fracture. A fall would have produced all the Wounds found. Dr. McCallum, of London, said that, the wounds were consistent with a. full, or two or three blows from an axe, but. not. consistent with a dozen hard blows. He favorâ€" ed the fall theory. Dr. Wishart, of London, was of the same opinion. “Could a. man." Mr. Johnson ask- ed, "who wished to conceal a crime. “Could a. man." Mr. Johnson ask- ed, “who wished to conceal a. crime, so gauge the blows with an axe to produce these wounds ‘2" Dr. Wis-hart declined to answer. Dr. Balfour, superintendent. of Vi:- toria hospital, London, laid stress on the fact that there was not much blood about. If an axe had been used in the mow there would have been blood. To Mr. Riddcll he said that blood might have been spill. on the chaff and nave! reached the floor. Dr. Routlcdge. of Lambeth, and Dr. NcU corroborated what had :11- l‘ezidy been Said by other doctors. DR. CAVEN’S EVIDENCE MARTIN MORDEN They said the injury to the skull might have been caused by an axe, but the blows must have been very light. ones. A fall was mow con- sistent. DE. Shaw, of London, went, fur- ther and said he Would recognize an axe wound and this was not of that kind. Dr. J. D. Wilson, London, based his evidence of a full on the fact. that, there was blood in the bladder which meant a sudden shock. Provincial Analyst Ellis said there were no traces of strychnine in the body, there was a trace of mamma- lian blood on the axe and also imn probably cow’s hair, though he would not be certain. The first problem of the defence was to account, for the blood on the ladder up which Joseph Sifton climb- ed to the trap door. Harry Smith, a. sheep skin dealer, explained that he had brought sheep skins, some of them bloody, down that ladder shortly before the tragedy, and they would leave their mark. Allan Routledge also testified to bleeding sheep being in the barn about that time. Richard Irwin and J. L. McIntosh swore that Gerald Sifton was left- handed. This is important in con- nection with the evidence of Herbert. Andrew Rogers, the second hired man on the Sifton farm, denied cer- tain interviews with Herbert, which had been sworn to, Rogers also de- nied that Gerald Sifton had choked his wife in his presence, as Herbert had stated, nor did he hear Gerald Sifton say on the morning of the tra- gedy that if Joseph Sifton and Mary McFarlane were not already married, he would put the old man in a place where there were no marriages. Mr. Johnston said he would Waive etiquette and call Mr. Hellmuth. His Lordship consented: Mr. Hellmuth said that shortly afâ€" ter the arrest, Herbert had sent for him and asked him to take his case. He told precisely the same story as told by Gerald Sifton. On the next day the confession of Herbert ap- peared in the press. Mr. Hellmuth went to the jail and told Herbert he could not act for him. He asked Herbert if his confession was true, and Herbert replied: “No matter what anybody says or What I may have said, the story I told you yesâ€" terday is true." Mrs. Mary Sifton contradicted Her- bert’s story. She swore positively that her husband had not choked her and contradicted the evidence of Mr. McFarlane regarding threats. Ger- ald had said that he did not care which of the boys helped with the hay fork. "You are not here to decide wheth- er Gerald Sifton is guilty or inno- cent," said the counsel, “but to say, upon the evidence, and the class of evidence that has been brought be- fore you, Whether he has been prov- ‘en guilty of the crime with which he is charged. It is for you to say that we shall have no newspaper trials, no detective trials; but, that men shall be given a hearing upon the evidence that is given from the witness box, and on that alone." Only when the evidence carries home the conviction to the jury could a verdict be found When between thir- ty and forty skilled physicians and surgeons. although differing in minor points all agreed as to the improba- biiity of Herbert's story of murder.. surely that showed great doubts in their minds. If these men expressed grave doubts and many of them said that the story of Herbert was pracâ€" tically incredible, surely the jury must have serious doubts as to the same thing. The Crown witnesses had themselves said Herbert’s stateâ€" ment was inconsistent with the facts found. They were not trying Gerald Sifton upon newspaper stories. If that system were adopted trial by jury might be abolished and court and justices wiped out. Upon the Morden’s evidence Mr. Johnston was especially severe. _The trail of the serpent was all over their testimony. there was the greed of money there was the name “Mordâ€" ens." Where you find the man who heard his betrothed traduced and raised not his voice or hand you find again "Morden." In their story is the voice of the perjurer and the hand of the forger. The man who tells a. story in order to be safeâ€"a story which is incredible to the doc- tors. who is taken into the dark chamber of iniquity and the very pit of hell, underneath his record is written Walter Herbert, Edgar Mor- den. Mr. Wherever Johnston described the Etestimony given by Burgess as to {Siiton's alleged admissions. The MordemMcFarlaneâ€"Herbert chain of evidence was attacked, and Mr. John- 'st‘on asked if upon that evidence they could send a man to the rope of the This closed the evidence for the de- fence. ADDRESS FOR THE DEFENCE. When Mr. Johnston rose to make his address the courtâ€"room was jammed with an eager and attentive audience. In opening, he pointed out to the jury that the life of a. young man Was at stake, not only his life but, the happiness and life of his wife. hangma tou's d< [cFarlaneâ€"Herbert Chain of was attacked, and Mr. John- d it upon that evidence they. d a, mam to the rope of the He said that Gerald Sif- ire to prevent the marriage tuml one, and his action in llc'jury may conv1ct o to !an accomplice alone ’hcljudgc is to Warn t1 of‘warn you, that. it. Ill-lViL‘t on such cvidcr cyjcorroboration, for i he ‘an accomplice to ‘iiâ€"Ih‘om his own show ‘ge the man he accuses in] “The corrobox‘atio seeing Martin Moza’len, Mary McFar- lane's afiianced husband, one that would occur to any man. If murder were to be committed Would he go around trying to peddle the job? If the Mordens were men who could be hired to commit murder their evi- dence was not worth the utterance. Herbert's story was reviewed, and Mr. Johnston could not admit it as being true. The jury could not accept it as giv- en. and when they commenced to sift it through, what portion of it could they believe? They must reject it alâ€" together. Tho responsibility of the jurymen Mr. Johnston pressed home. and, in closing saidzâ€"“You have to do it upon the evidence which I say is uncxampled in the history of crim- inal trials in this country.” 'TIIE CROWN CASE. Mr. Riddell opened by stating that the Crown had not called Edgar Morden because they did not wish to produce a. witness against whom there was the slightest taint. The defence had scored Martin Morden because he had not. married a. wo- man who had admitted her unfaith- fulness. They might as well talk of a Sifton gang as of the Morden gang in connection with this case. The time that the alleged bargaining for the will was going on the will was in the custody of CrOWn Attorney Magee. Even if Gerald Sliton did not know the contents of the will he must know that a marriage would seriously impair his chances. Deâ€" spite the inslnuations there was no- thing to show that Inspector Mur- ray had not conducted his investiga- tion with the same honor and fair- ness that distinguished the many cases he had handled in his long career. There was no doubt that Joseph Sifton and Mary McFarlane spent that Friday night at Edgar Morden's house. Was there a true will drawn up, and after that other will ? That was a. mystery. He did not think that any man who had seen and heard the W0 men give evidence as to seeing Joseph Sifton with the axe would believe them. Mrs. Sifton'a story was a na- tural one, for a woman would lorâ€" glve anything or do anything for the man she loved. It was impos- sible that Herbert could have in- vented his story. for he lacked im- agination to do 50. His evidence gave not only the more probable, but the only possible explanation. Prof. Caven had said there must have been two blows, and one of the doctors called for the defence, after examining the premises, said foul play. It was incredible that Joseph Sitton had climbed up a 6 by 6 scantling to knobk off the boards. Mr. Riddell emphatically denied that any pressure was brought to bear upon Herbert, who had made his first confession to an uncle. There was no possible compensation, no inducement which would lead Herbert to admit that he had helped to kill a. man. Herbert had been over a. year in jail, and in that time he might possibly have diminished his own and increased Sifton’s part in the crime. It the Mordens had made up a story they might very well have said that Gerald had conâ€" fessed to them. Mr. Riddell closed by dwelling upon the responsibility of the jurors to decide the case upon the evidence. and said that no symâ€" pathy should deter them from their duty. They should follow the Biblical law and render justice. said that the doctors- anâ€"1 THE JUDGE'S CHARGE. On Thursday morning Mr. Justice McMahon began his address to the jury. After warning the jury of their duty he began to speak of the motive of the crime which, accordâ€" ing to the Crown. was formed on the evening before the tragedy, when Sifton learned of the approaching wedding of his father. “The moâ€" tive is established,” said the judge, “by evidence not very reliable.” The case was an unusual one in the fact that, according to the Crown, Sif- ton had gone about here and there ofi‘ering rewards to people to kill the old man. He went to James Morâ€" den, who directed him to Martin Morden. Here his Lordship com- mented very severely on the conduct. of the Mordens for not at once in- fox'ming the authorities and telling Siiton that they INTENDED TO INFORM. Following up the story his Lordâ€" ship spoke of Herbert's evidence reâ€" garding a, bargain with the prisoner on the morning of that day. He pointed out that, both Rogers and Mrs. Sifton contradicted the state- ments made and showed the impossi- bility of such a bargain being made. I} UTTERâ€"PAPER W ILL. The butterâ€"paper will was touched on to Show that the Mordens had some inducement to give evidence against Siiton. They got an ofier of 81,000 for that will from Gerald Sifton. Did the Mordens go further and ofl'er an inducement 9. If Her- bei‘t's evidence is untrue, there is no evidence upon ‘which a. conviction can be made. The judge seemed to make much of Dr. McNeil's evidence. To him Gerâ€" ald Sifton suggested giving the old man, when about to die, strychnine. “That Was incomprehensible, but peo- ple were sometimes incomprehensi- “To sum up in a. word or five,” said his Lordship, "Walter Herbert was an accomplice, and although the jury may convict; on the evidence of an nCcomplice alone. the law says the judge is to Warn the jury, as I now warn you, that. it. is unsafe to conâ€" vict on such evidence without some corroboration. for it is very easy for an accomplice to shift the blame from his own shoulders to those of p10 ble Cox'roboration you have is the A British Garrison of Less Than 300 Held 4000 Boers at Bay. A despatch from London says :â€"lcomnmn(lcr to withdraw his ex- All the accounts of the fighting at haustcd force which reached N'Knnd- Fort Itala, including those from tlieihln. in the morning. Among tho South African correspondents of the‘Boers killed were Generals Opper- newspapers Show that it Wasiman and Schultz and Commandant. one of the most striking offensive Potgieter. and defensive engagements of thei According to a statement ~which war. The Whole British gm‘rison‘reached Durban from N'Kandhla, a there numbered only 300 men, withlBritish military surgeon who ascend- two 15â€"pounders and a Maxim gun. zed Itnlu in the morning to attend An outpost of 80 men, under Lieuts. Ithe Wounded there was immediately Kane and Leiroy, occupied the sum-:made a. prisoner by Boers, who com~ mit of the hill, out of sight of the ‘pelled him to main camp. which was on the slopel ATTEND THEIR WOUNDED. of the hill. At about midnight 600! . . Boers rushed the outpost. Their on-'C°nsequcnuy the Brlt’ISh wounded Slaught was so sudden and fierce lay unsuccored during the day in the that for twenty minutes only bay-‘brgfiéngtiggk\v;:h%‘;zs‘;:::réeems to ol‘ets were used’ ova‘Whelmmg have been only disastrous to the odds soon decided the possession of - - Boers. The .camp was well Situated the outpost Lleut Kane fen dead for defence, and although the garri- snouung : 'stnn numbered ()an twenty men. With GREATEST BATTLE OF WAR. Lieut. Lei'roy was severely wounded. and the whole force was disabled. The main camp was thus reduced to 220 men. The Boers assailed from all sides. From about 1 awml throughout, the remainder of the‘ night and all the following day thel little garrison withstood them until seven in the evening, when the out- look seemed desperate. The British had been without water for many hours, the Boers having cut off their supply, and their ammunition was fast failing. Almost suddenly thei Boer fire began to slaekon, and sooni after the attackers withdrew. eitherl' learning that. General Bruce Hamin ton was approaching or in sheer des-! pair of secceeding. Their retirement' opened the way for the wounded fact of the prisoner's going to James Morden and Martin Morden, and the statements made by Dr. McNeil. This evidence may or may not afi‘ord cor- roboration. That is left to you to say. Most of the medical evidence was to the effect that if the blows were administered as described the skull Would be crushed, and that the theory of a, fall is more consistent. But if Walter Herbert struck the first blow, as he says, the medical evidence must be eliminated. If you have any doubt, give the prisoner the benefit of the doubt." W The charge was completed at 11:40 and the jury retired. It, Was very impartial, though slightly in favor of the prisoner JURY FAILS TO AGREE. Nine for conviction, three for ac- quittal, stood the jury on the trial of Gerald Sifton for the murder of his father, after five hours’ argument in the jury-room. His Lords-hip was satisfied that the jury could never reach an agreement, and discharged them. Siiton went back to his cell to await a new trial at the Spring Assizes. At two minutes to five Thursday afternoon, twelve men filed into the court-room while an expectant crowd sat hushed in awed silence. In the dock sat Gerald Sifton, a man whose very life depended upon the word of those twelve silent men. Beside him, staring wildâ€"eyed into space, her very soul reaching out to receive the first intimation of the verdict, sat the prisoner’s devoted wife. His Lordship leaned toward the jurymen. “Gentlemen of the jury, have you agreed upon your verdict?” asked Clerk MacBeth. "No, my Lord," replied the fore- man in a, low tone. The crowd breathed easier, the on- ly thing to break the silence was the convulsive sobs of the little woman in black. Mr. Justice MacMahon told the Jury that every man's conscientious opinion must be regarded, and ask- ed the foreman if there Was any DOS- sibility of an agreement. Mr. O’Sul- livan replied that there was not, and his Lordship announced that he would not keep the jurymen further. With magnificent nerve Gerald Sit-x ton had faced the ordeal, and when the announcement was made there was no change in his expression. His faithful wife bent forward and buried her face in her hands, sobbing bitter- ly. As in the solemn stillness the judge wrote down the formal disposiâ€" tion of the case, she lost control, and her friends had to come to her assistance. -Clearâ€"eyed and calm-facâ€" ed, Sifton heard the report, of the jury, and Walked from the court room back to his cell with a. smile on his face. Toronto, Oct. 8.â€"â€"Wheatâ€"-There is a quiet trade with millers only, who are buying sparingly. New 57â€"11) Wheat is quoted at 650 middle freight. and heavier grades at 66c. Old Wheat to millers quoted at 67%: 10W froights. No export business. NO- 1 Spring is quoted at. 68c east, and No 2 goose at. Glc. Manitoba wheat is lower, No 1 hard selling at 7950. grinding in transit, and No ‘2. hard and No 1 Northern at, 771.0, git. For Toronto and. west 2c, lower. Prices of Cattle, Grain, Cheese, 8w Inthe Leading Markets. Oatsâ€"The market is quiet and prices easier. No 2 white sold at. 343a low freight, to New York. On MARKETS [IF THE WORLD “NO SURRENDER i The attack on Prospect seems to have been only disastrous to the Boers. The camp was well situated for defence, and although the garri- 'sou numbered only twenty men, with (one Maxim, they withstood all at- tacks, notwithstanding the dashing bravery of the assailants. The lat- ter withdrew without achieving their purpose, and their dead were piled around the fort. The British loss was one killed and 12 wounded. 1 On Saturday the Boers captured a. ilargo British convoy. Gen. Hamil- ton pursued them and came into |action with them, but no details of [the fighting have been received, "though it, is reported that. the Boers Were again punished. commander to Withdraw his ex- hausted force which reached N'Knnd- 1113. in the morning. Among the Boers killed were Generals Opper- man and Schultz and Commandant. Potg’icter. l Ryeâ€"The market is quiet, with !ca.rs quoted at. 48c, middle freight, Iand 49%0 east. Flourâ€"The market is quiet. Ninety per cent. patents, $2.60 bid, in buyers’ bags, west. but, none offer- ing. Locally and for Lower Pro- vince trade prices of choice straight rollers, in wood, are $3 to $3.20. Hungarian patents, 34, bags includ- ed, at Toronto, and strong bakers’, $3.75. | Oatmealâ€"Unchanged. Car lots on track here. $3.95 in bags, and $4.05 in wood, broken lots 30c per bbl. iextra. ATTEND THEIR WOUNDED. Consequently the British wounded lay unsuccored during the day in the broiling sun \vithgut watgr. The Boers have never hitherto dis- played such rackless daring, and their defeat is the Worst smash they have sustained. Major Shapman, commanding the British, seemed to bear a charmed life. Gen. Kitchener has congratulated him. track here they are quoted at 87c. Peasâ€"The market, 'is steady, with sales of No 2 at ’70 to 71c, high freight. Barleyâ€"The market is steady. No 1 quoted at; 52c middle freight. No 2 quoted at 48} to 490 ; No. 3 extra. at 47k), and feed at, 45c. Cornâ€"Market is quiet, with prices firmer. Ollerings small. No 2 Can- adian yellow quoted at 660 west, and mixed sold at, 555%: west. U.S. corn nominal at file on track here, Millfeddâ€"Bran is offering at, $13 to $13.50 in bulk, middle heights, and $14 in car lots here. Shorts sell here at 316 m car ]ots., Toronto, Oct. 8.â€"The receipts at the Western cattle market toâ€"day were 78 carloads of live stock, in- cluding 1,321 cattle, 1,605 sheep and lambs, 800 hogs, ‘70 calves and milch cows, and five horses. There was a. good, lively market. here toâ€"day, and, While the quality of the market, was only fair, the de‘ mand was active, and prices firmer. Everything was sold out, early. Export cattle was in steady de- mand to-day, and for choice stufl 5c per It). was paid. Butcher cattle of the right kind was in good request. More good to choice stuff would have sold toâ€"t‘lay1 at from 4: to ééc per 11). Stockers were in good supply and were quoted at unchanged prices. Feeders were scarce and Wanted Good mileh cows are also Wanted ; the range of price toâ€"day was from $25 to $45 each. Up to $50 will be paid for the right kind. There is a. steady enquiry for good veal calves, which will easily bring (if of the right kind) up to $10 each. Export sheep are Worth 3c per 11). Lambs are worth from 3!} to 332C per 11). Hogs are quoted at the prices of Tuesday, with the probability of a. further decline. The best price for “singers” is 7;}c per 11).; thick fat and light hogs are worth 7c per 1b. Hogs to fetch the top price must. be of prime quality, and scale not below 160 nor above 200 lbs. Shipper Butcher Butcher good Butcher Choice Butche Bucks Following is the tions :â€" )i LIVE STO CK MARKETS. per cx'v‘t. each OES , inferior Sheep an: ,ch per cwt...£ choice ..... ordinary to Cattle nd 1am mi fll’ )0 of quota- 00 50