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PASSING EVEHTS, RUMOURS. &0,

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A "FLOWERY ADDRESS" TO THE…

SUICIDE OF A LONDON STOCKBROKER.

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JURIDICAL VALUE OF A DYING…

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JURIDICAL VALUE OF A DYING DECLARATION. At the November Criminal Sittings of the Supreme Court of Melbourne, a prisoner named Whelan was put on trial and convicted of the murder of a hawker named Bramley, the principal evidence against him being the dying declaration of the deceased that prisoner was the man who shot him. The admission of the declaration as evidence was objected to, on the ground that Bramley had, after making it, expressed hopes that he would recover, and the point was reserved for the opinion of the court in banco. The case having been argued, the court determined that the dying declaration of the murdered man Bramley was not admissible, and that there must be a new trial—the first time a man has been twice put on his trial in Victoria upon a charge of murder. The judges were not unanimous. Mr. Justice Barry and Mr. Justice Williams held that a dying declaration is not admissible unless the maker of it had from the time it was made until his death an unchanged conviction that he would never recover. The Chief Justice, on the other hand, held the apparently more reasonable doctrine, that the declaration is admissible if the maker was under the fixed expectation of death at the time he made it, and was not rendered inadmissible by his afterwards for a time feeling a revival of hope. The opinion of the majority waa binding.

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