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THE CASE IN THE PERTH POLICE COURT.
SWANSON HANDED OVER TO THE
VICTORIAN DETECTIVE.
Perth, Wednesday.
The hearing of the application for the remand of
Swanson to the custody of the Victorian detective
came on to-day. Mr. Cowan, police magistrate,
presided. He adjudicated alone, but a large
number of honorary justices were present.
They took their seats on the bench,
but took no part in the proceedings. Every avail-
able portion of the courthouse was crowded, and
there was scarcely standing-room. All the windows
were crowded on the outside, and the vicinity of
the courthouse was also crowded. Swanston when
he entered the courthouse, looked thinner, and oc-
casionally wore a haggard and hunted expression
on his face. As a rule, however, he kept his fea-
tures well under control, barely moving a muscle
when looked at, till Mr. Hirschfeldt gave evidence.
Swanston's face then settled into a scowl. He
scarcely removed his eyes from the witness. He
smiled occasionally at what he considered points
made by his counsel. He betrayed restlessness
when he caught anyone engaged in making a sketch
of his features, and to prevent them from doing
this he frequently changed his position.
The proceedings were of a very formal character,
and were conducted by Inspector Waldock on
behalf of the Crown. Mr. R. S. Haynes appeared
for the prisoner.
Detective Cawsey went into the box to produce
the original warrant.
Mr. Haynes objected on the ground that the
figures 1892 had been altered to 1891. The objec-
tion was disallowed.
Detective Cawsey proved the warrant issued by
Mr. Nicholson, police magistrate, and stated that
he arrested the prisoner on that warrant the pre-
vious day. He produced the Police Gazette of No-
vember, 1883, notifying the operation of the Fugi-
tive Offenders Act in Victoria, and referring to the
Government Gazette of that colony of the same
month.
Mr. Haynes objected to this summary of evidence
of the operation of the Act, but he was overruled.
Later on a copy of the Government Gazette of Vic-
toria was produced, to which Mr. Haynes again ob-
jected, on the ground that primary evidence should
not be given after secondary evidence had been
taken, The objection was disallowed.
In cross-examination Detective Cawsey stated
that he did not know as a fact that the name of
the murdered woman was Emily, but said that
there was some doubt as to whether her name was
Emily or Nellie.
Mr. Haynes endeavoured to make him swear
that her name was Emily ; but Detective Cawsey
refused to be bound down.
Max Hirschfeldt deposed to the voyage in the
Kaiser Wilhelm from England to Melbourne, his
account being similar to that which has already
appeared in the papers. He identified the prisoner
in the dock as the man who was his fellow pas-
senger on the vessel.
Cross-examined by Mr. Haynes, he said when he
saw Swanston in the lockup he picked him out at
once. He did not know the other men, but would
know them again if he saw them.
This concluded the evidence.
Mr. Haynes moved that the prisoner be not re-
manded into the custody of the Victorian officer,
upon the grounds that the provisional warrant was
bad in form and the prisoner wrongly arrested,
that the original warrant was bad, being without
seal, and that there was uncertainty as to the des-
cription of the murdered woman, as she was called
Emily in one and Nellie in the other. Lastly, he
opposed the remand on the ground that Hirschfeldt's
evidence of identification was insufficient to show
that Williams in the warrant and Swanston in the
dock was the same person.
The magistrate held against him on every point,
and remanded Swanston to the custody of Detective
Cawsey.
Mr. Haynes gave notice of appeal. Swanston
was then removed to the Waterside lockup in a
covered carriage van. As he stepped out of the
police station adjoining the courthouse, the police
made room through the crowd. Several women
abused him in round terms as he was driven away,
and the crowd hooted and groaned at him. The
case was concluded at 12.25 p.m.
The following unfinished letter from Baron
Swanston was addressed to Miss Rounsefell:—
" February 28, 1892. My dear Kate,—Have just
received your short letter, and I am very, very
disappointed at not getting photo. This is only
the third letter I have had from you since I left
Bathurst, but I don't mind that, dear ; I shall
soon have yourself, and you will make up for the
deficiency in the past. You asked me what Perth
is like, and if there are any grand parks.
Perth is a very nice place, and there are parks
but there are no parks at Southern Cross. It is
only a mining town, and very little comfort till we
get the train, which will not be long now, but now
is the time to make money. But what matters
about parks, dear, so long as I have a comfortable
little home for you, and do all I can do to make
you happy, which I will do. You will not like
Fremantle. It is all sand, and you have only to
pass through it on your way to Perth. When you
get to Perth, dear, go up to the Shamrock Hotel,
and there will be a letter there for you telling you
what to do. You will like Mr. and Mrs. Quinlan
very much. I am pleased to hear that Lizzie had
a nice time of it in Sydney, but it must be very
lonely for you. I am also pleased, darling, to hear
you are well and enjoying such good health.
God bless you. I wish you were here ; I am so
lonely by myself. Words will not express the
feelings and happiness I look forward where
the—"
Some interesting facts have come to hand re-
garding what took place immediately following
upon the arrest of Swanston at Southern Cross.
"When arrested, Swanston said " I am innocent—I
shall say nothing ; I am innocent. My name is not
Williams." In the evening he was visited in the
lockup by the Fraser Gold-mining Company's
mine manager, who conversed with him only on
matters connected with the mine. Swanston
fainted during the interview. During the remainder
of his stay at Southern Cross, Swanston at his
own request, was visited by the Rev. F. Gillett,
Anglican clergyman. Upon one occasion Swanston
remarked to the Constable who was in the lockup
with him, " It a very serious charge to be charged
with, but the man who has lived a good life up to
now need not fear, as he can only die once. I can-
Iot believe it is the girl 1 know, as she is a tender
hearted little creature, and a man could not help
loving her. I don't know where Windsor is; I
have never been there to my knowledge, without
it's a suburb of Melbourne. When I was in Mel-
bourne, I was staying at the Cathedral Hotel. The
landlord made the remark that I never went out at
night." The following Monday, the 14th, the
prisoner in charge of constables left by the mail
van for York. The luggage which arrived with
him in Perth was brought at the same time, but it
was not found possible to bring all. Therefore some
2cwt. was left behind. When they were near
York he said to one of the constables, " I can't
believe that it is the one I know she was a tender-
hearted little creature, a man could not help loving
her. There must be some mistake and foul play
somewhere. They have got the wrong man for it."
In reference to the suspected robbery of Fraser's
mine, it is rumoured that Swanston shortly after
his arrival at Southern Cross procured a barrel of
cement and subsequently laid the floor with cement
in the room he occupied on the fields. It is further
stated that this having come to the knowledge of
the directors of Fraser's mine, they intended having
the floor torn up in order to see whether
anything is hidden beneath it. Another piece
of important evidence connecting Swanston
with Albert Williams was discovered among
his effects at Southern Cross by a certificate of
marriage of Emily Mather with Albert Williams.
All the documents, &c., belonging to Swanston
which have since been found at Southern Cross
will be forwarded to Perth by the next mail and
handed over to Detective Cawsey. With refer-
ence to the tender form of Tomlinson and Dadd
found amongst Swanston's effects, a few days
before Swanston left for Southern Cross, he called
upon Mr. Dadd and his partner and informed them
that he had been appointed engineer to the mine.
He then, on behalf of Frazer's Goldmining Company
ordered a new boiler and other machinery to be
manufactured with as little delay as possible.
The firm commenced to execute the order ; but
before it was completed, they heard that the
company had ordered machinery from the Eastern
colonies. Not only had Swanston no authority to
give an order for the work ; but the company was
entirely ignorant of his having done so.
Adelaide, Wednesday.
Among others Williams intervied Captain M'Coy,
of the Adelaide S. S. Company, at Port Adelaide,
making formal complaint about the loss of his bag
and valuables. After listening to his tale Captain
M'Coy quietly observed that of course it would be
necessary for Williams to prove whence he got his
diamonds and other valuables and establish his
bona fides and the value of the missing goods to
the satisfaction of the company before his claim
could be considered. The steamer Albany, by which
Baron Swanston travelled to Western Australia
arrived at Port Adelaide from Melbourne to-day.
Captain Odman and the purser made statements
confirmatory of what Captain Quinn had said to the
Register reporter recently. Swanston made a great
commotion on board about the loss of his bag and
valuables, and was not at all particular in his im-
putations. Throughout the whole voyage he made
himself very disagreeable, and the ship's company
was pleased to see him step ashore at Fremantle.
They thought they had seen and heard the last of
their cantankerous passenger.
Auckland, Wednesday.
The police are now satisfied that Williams, a cloth
hawker, who was at one time in New Zealand, is not
identical with the alleged Windsor murderer.
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