John Blair Thompson  
The Star
Christchurch, New Zealand

    Friday, 9 April 1875
SUPREME COURT
THE MURDER CASE
  As might have been anticipated, the interest centered in this case, showed itself in a very unmistakable manner by the large number of persons who sought admission to the Supreme Court this morning.   For a considerable time prior to the opening of the Court, a large number of persons assembled outside with a view to obtaining the best places that were available immediately upon the doors being thrown open   Precautionary measures had been taken by the Sheriff (Dr. Back), in order that there should be no unseemly scramble for seats, and owing to the efficient way his instructions were carried out by the police, no confusion of any kind occurred   The public gallery was open to everybody, and it may be guessed, that in a very few minutes it was closely packed.   The consequence was that many were unable to obtain admission.   The precinets of the Court were also guarded by a large number of people, who remained there with a view of obtaining a sight of the prisoner, but it was only in a few instances that this morbid curiosity was gratified.   It may be noted that amongst the auditory there was a very small sprinkling of females.
  The prisoner was brought up by the nine o'clock train from Lyttelton, and conveyed from the railway station to the Courthouse in a bus, together with other prisoners and a number of wardens.   On his arraignment, he appeared to be most thoroughly self possessed, and gazed around the Court with a degree of sang-froid that was quite at variance with the serious nature of the charge on which he was indicted.   There was the usual rush forward of heads to catch a glimpse of the prisoner on his being placed in the dock, but he made no effort whatever to escape the scrutinizing glances that were directed towards him.   In general appearance, he looks like one belonging to the artisan class, and physiognomists must indeed have wonderful powers of discrimination who could single him out from a number of other people and induce the belief that he, of all the rest, was calculated to commit such a hideous tragedy as that for which he now stands upon his trial.   When the indictment was read over to him by the learned Registrar and he was asked to plead, he uttered the words, Not Guilty" with a clear and audible articulation, and subsequently scrutinized the members of the jury as the results of the ballot called them to take their seats in the jury box.
  The prisoner was formally indicted by the name of John Mercer, for that he, on January 9 last, did kill and murder Isabella Thompson.
  To this indictment the prisoner entered the plea already stated.
  There were three challenges raised by the prisoner, or by his counsel, rather, on his behalf, namely, to Messrs John Newton, Thomas M'Clutchie, and Robert Canon.
  The following jurors, on being called, were ordered to stand aside by the Crown Prosecutor; Edward Mulcock, Isaac Herman, Charles Oswald, Ladvick Berg, Thomas Kennedy, and Charles Griffin.   Ultimately the following jury was empanelled: Messrs John Leaf Wilson (foreman), Wm. Travis, Wm. Dale, Fred. Reider, George Dalton, Charles Young, Wm. Dunlap. James Baker, Thomas Appleyard, Henry Casbolt, James Lamb, and Charles Baines.   Mr Duncan prosecuted on the part of the Crown.
  Mr. Joynt appeared for the defence.
  On the application of Mr. Joynt, all the witnesses, except the professional witnesses were ordered out of the court.
  Mr. Duncan briefly stated the case to the jury, and called the following evidences:   Francis Pavitt, examined by Mr. Duncan: I am a surveyor.   In the month of March last, I made the following plan of a part of Lyttelton.   It shows Norwich Quay, London street, Winchester street, etc.,running from west to east.   It also shows Canterbury street and Oxford street, which run at right angles to the others.   I know the Albion Hotel, and have shown it on the plan at the corner of Canterbury and London streets.   I know where Scott's accommodation house is - between Winchester street and Exeter street.   I know the parsonage in Ripon street.   I have shown the grounds in the plan.   I have shown the south-east corner of the grounds in the plan.   There are some peach trees there, and a high gorse fence.   The distance from the Albion Hotel to that portion of the parsonage grounds is 491 yards, [The witness gave further evidence as to the distance between several points.]
  By Mr. Joynt: I marked the place red as that at which the body was found.   I was shown it by the Sergeant-major.
  The plan was put in and marked as exhibit I.   John Blair Thompson, examined by Mr. Duncan: I am a shipwright, living in Dampier's Bay, Lyttelton.   I am the father of Isabella Thompson, deceased.   I remember Saturday, the 9th January last.   I last saw her alive about five o'clock on the afternoon of that day.
  She was then healthy and strong, and in excellent spirits.   I would know how she was dressed if I saw the clothes.   The clothes she had on then were clean, whole, and tidy.
  [The clothes were here produced by the police.   As the Sergeant -major opened the bundle, the prisoner was observed to throw side-glances at it's contents.]
  Examination continued:   These were the clothes she wore.   She was going toward the Colonist's Hall when I saw her.   I next saw her the next afternoon at the station.   She was then dead.   [The witness was here visible affected.]   She would have been 12 years of age on Jan 23rd last, had she lived.   I did not know the prisoner then.   It would take about a quarter of an hour or 20 minutes to walk from my house to where I saw my daughter that afternoon.   I cannot say whether the handkerchief produced was hers.
  Cross-examined by Mr. Joynt:   I took no particular notice of the time I saw my daughter going toward the Colonist's Hall, but it was about the time I stated.   I was at work that day at Newtown wharf.   I left off work at 4 p.m.   My daughter had to go to the railway station as well as the Colonist's Hall.   Her business would not delay her at the railway station after the six o'clock train arrived.   Her business would have delayed her at the station till then.   She was going to the station after going to the Colonist's Hall.   The last train arrives from Christchurch about a quarter to six o'clock.   On the application of Mr. Joynt, it was ordered that the witnesses examined should not mix with those awaited examination.   James Allan, examined by Mr. Duncan:   I am a seaman.   I remember Jan 9 last.   I was then mate of the schooner Canterbury, lying at Lyttelton.   I know the prisoner.   He was on board that schooner as cook and steward.   I saw him on the afternoon of Jan. 9.   I was with Captain John Russell when I saw him.   We were coming past Mr. Webb's green-grocer shop when I first saw the prisoner that afternoon.   It would be about 2 o'clock p.m.   I saw him afterwards when in company with Captain Russell.   I was then standing at the corner of the Albion Hotel.   It was about ten minutes past five.   I saw him coming up Canterbury street, from the direction of the Mitre Hotel.   There was a little girl with him.   They were walking side by side.   They came across the road by where we were standing.   Mercer came up and spoke to Captain Russell, and the little girl stood at the corner.   He said something to Captain Russell about shipping in the Cleopatra.   There was some dispute about wages.   The little girl went up the street towards Scott's public-house, and the prisoner followed her.   He overtook her before she got to the skittle alley of the Albion Hotel, about 20 yards from the corner.   When he overtook the little girl they walked up the street side by side.   I went down the street the other way.   The little girl looked pretty clean.
  Her clothes were clean and whole, as though she had come from home.   I didn't see any blood on Mercer's face or clothes.   I didn't notice any.   I next saw the child with whom I had seen Mercer. at the dead house, Lyttelton, on Monday Jan. 11.   I recognised her as the same child whom I had seen walking with Mercer on the previous Saturday.   She was dead when I saw her on the Monday.   I had known Mercer for six weeks before this happened.   He never killed any sheep on board the Canterbury.   He had a knife belonging to him.   I should know the appearance of the knife he had.   It had a brown handle and one blade.   [Knife produced.]   This is like the knife which belonged to the prisoner.   I could recognise the clothes which prisoner wore on Jan. 9.   He wore gray clothes and a French peaked cap.   [Clothes produced and identified by the witness as being the clothes which prisoner wore on the Saturday afternoon.]
  Cross examined by Mr. Joynt:   The prisoner and I sailed together from Wellington to Westport to Pelorus Sound, and from Pelorus Sound to Lyttelton.   He was paid off the Canterbury on Jan.9.   I was also paid off, and rejoined the schooner the same day.   All hands, (six, including the Captain) were paid off.   There was a man called Percy, whom we called "Jimmy, the sailor."   They went to the captain's house to get paid. between 11 and 12 o'clock on Jan. 9.   There was no drinking going on that I am aware of.   There was none in the captain's house while I was there.   The captain was quite sober.   Percy was not what you would call sober, but he was not drunk.   he had had a few noblers.   I was not in the house when an altercation took place about the amount of wages coming to the men.   I did not see any drink sent out for.   I was not present during the whole time that the men were being paid off..   I came in just as they were finishing.   John Mercer was the cook on board, and was paid off with the others.   Mercer went off in a boat to go to the Canterbury about 4 p.m. on the 9th.   I saw him three or four times on shore during the day.   I was on shore when the prisoner went off at 4 p.m.   The captain and myself were both quite sober.   I swear that positively.   The prisoner stopped speaking to Captain Russell about two or three minutes when I saw him near the Albion Hotel.   The little girl during that time stood still at the corner, and then walked backwards and forwards from the corner to the lamp post, and then made a run.   She had on a white straw hat, trimmed with mixed dark and light ribbon.   Her clothes were light, as far as I recollect.   I saw the clothes in the Magistrates' Court.   I am quite sure that Mercer left the shore to go on board the Canterbury about four p.m., or a little afterwards perhaps.   The Canterbury lay in the stream, out beyond the buoy.   The Cleopatra lay about four cables' length southwest of the Canterbury.
  There was nothing very remarkable about the girl when I saw her with the prisoner.   Detective Feast was with me when I went to the dead-house on Monday.   Some clothes were on the body, which was covered over with a cloth.   After I had a good look at her, I recognised her.   I looked at her for about two seconds and then recognised her.   I looked very hard at the girl when she was walking up the street with prisoner.   I swear that if I had seen her alive on the Monday I should have known the girl and spoken to her.   It was about 2 p.m. when I saw the prisoner passing Webb's, the greengrocer.   I saw the clock hanging up in the Albion Hotel, and I could see it was about ten minutes past five when I saw him pass up with the little girl.   I saw Mercer join the little girl up the street, and hang down his head as if he were talking to her.   I was not near enough to hear him speak to her.   I didn't take as much notion of her clothes as would enable me to swear what dress she had on.   I can swear that her clothing were clean.   I cannot swear to the colour of them.   I am quite prepared to swear to the coat, waistcoat, and trousers which Mercer wore.   I have not the slightest doubt about it.   I swear he wore the waistcoat produced, not a black one.   I saw the bottom part of his waistcoat when he was speaking to Captain Russell.   I know the coat and trousers.   I swear positively he wore them on that day.   The knife you hold is one like that Mercer used.   It is a very common kind of knife.   I would not swear that was the one he used.   We killed no sheep on the Canterbury.   We bought it ready dressed.   We took half a bullock on board at Makapawn, but we sent away a quarter again.   It was not bloody when we took it on board.   It was dry.   It was not quite warm and wet.   I swear I saw no blood on deck after we got it.   I did not look into the boat.   I cannot say whether the captain and cook cut it up.   I never went on board by the name of Tom Woods, and no one ever called me by that name.   I saw Mercer at the railway station that Saturday evening.   The 5;55 p.m. bell had just rung.   I was about two yards from him.   I believed he had been drinking a little that day.   I never spoke to him at the station.   I saw no blood on him.   It was between 12 and 1 o'clock that Mercer was at the captain's house getting paid off.
  Reexamined by Mr. Duncan:   I had no opportunity at the station of seeing whether Mercer had any blood on him. He might have had some on him without my seeing it.   By the foreman of the jury:   I have had words with Mercer about a matter of duty.   He interfered with my duty.   The beef was fetched by a boat, from the shore, either a day before or after Christmas.
  John Russell sworn:   I was master of the schooner Canterbury, lying in Lyttelton, in January last.   I know the prisoner.   He was cook and steward on the vessel.   He came aboard on Nov. 25, at Wellington.
  He never had any occasion to kill any sheep on board.   I remember the afternoon of Saturday Jan. 9.   About five o'clock that afternoon, I was in company with Mercer and Allan, the last witness, at the corner of the Albion.   I first saw prisoner at the corner of the Albion.   He spoke to me, and then I saw a a little girl with him.   He afterwards followed the girl up Canterbury street.   She was running.   The prisoner ran also; he was five or six yards behind her when he started.   I did not notice whether he overtook her.   I did not notice any blood on his face or hands when he spoke to me.   I didn't see that the girl's clothes were torn.   I wouldn't swear to the prisoner's clothes again.   [Witness looks at clothes produced.]   He wore a dark grey suit when I paid him off, between 10 and 12 in the morning.   I didn't know whether prisoner had a knife or no.   I couldn't say whether Mercer had clothes like these.   I don't recognise the girl's hat.   [Hat produced.]
  Cross examined:   I cannot fix the time when I paid Mercer off nearer than somewhere between ten and twelve.   I paid five people off.   I believe they were all quite sober.   There was no drink brought into the house.   I was perfectly sober myself.   I know Matthew Percy.   I believe he was sober at paying off time.   There was some loose change lying on the table belonging to Percy, which I would not give him because I thought he could not take care of it.   I do not think he was on the drink then, but I thought he would be if he got the money.   However I gave him £7.   I never saw Percy any more on that day.   He did not ship at the same time that Mercer did.   Percy did not know whether he had two or three months pay due.   He thought there were three, I thought there were two.   I referred to Mercer and asked him what was coming to him.   I positively swear that I was sober that morning.   I never had a nip that morning.   The waistcoat produced was mine.   I believe that when Mercer spoke to me at the Albion, he had on the same suit as in the morning.   I cannot say whether Mercer had a scarf on in the afternoon.   At Makapawn, we took a full side of a bullock on board.   It was never cut up at all on board our ship.   We sent it back, and it was cut in two.   We received a quarter again.   Mercer lent a hand to take it back.   It was a newly-killed beast.   I cannot say whether it was bloody or no.   I believe Mercer cut up the quarter and corned it.   When I saw the girl, she was at the corner of the Albion.   I have seen her as a babe in arms, but between then and Saturday, I had never seen her.   I did not know who she was when I saw her.   I asked my mate who the girl was.   I had seen Mercer about two o'clock p.m.   I recommended him to Captain O'Brian, as cook.   Mercer and Allan were not exactly good friends on board the Canterbury.   Re-examined by Mr Duncan:   The prisoner was present when I asked who the little girl was.   Mercer was quite within hearing.
  The reason why I asked who the girl was because Mercer had attempted the very same thing on a little girl, nine years old, at the Buller.
  Here, Mr. Joynt objected to any further questioning on this subject, and the court ruled in his favour.
  By the Court:   I heard from the child's mother that this offence was committed by the prisoner.   I accused him of it, but he denied it.   Matthew Percy examined:   I am a seaman in Lyttelton.   I was employed on the Canterbury in January.   Mercer was a employed on the schooner.   I remember Saturday, January 9.   I saw Mercer at 3 p.m. that day, on shore.   I recognise the cap and coat produced, as those he wore.   I asked him if he was going to Christchurch.   He said he wasn't going.   He would get a girl down there, and if he didn't have her, he'd either cut her throat, or her wensand.   He possessed a knife.   I have used it when he was sick.   I recognise it.   If there had been any blood on his face, I should have seen it.   I never saw the prisoner that day after 3 o'clock.
  Cross-examined:   I was paid off that morning at the captain's house.   I got £12 odd.   There was some money left out.   I was quite sober all day.   I had no drink that morning til I went home.   I don't always get drunk when I am paid.   I generally pay my debts and get some clothes first.   I heard nothing referred to Mercer about the amount due to me.   When he spoke about cutting a girls throat I was going to hit him, but the police office was handy so I left.   He said he didn't want to have anything to do with me, that's why I was going to hit him,   I felt insulted.   I thought I was the best man, and do yet.   I know how he can shape.   I have seen him shape in the Buller with Allan, the mate.   Prisoner got the worst of it there.   From what I saw there, I felt confident I was his master too.   I swear to the knife by the shape of it.   I have never seen a knife of the same shape as it.   I remember half a bullock coming into the schooner.   Prisoner was not sick then but at work.   He was sick between Wellington and the Buller, and I took his place for two days, and used his knife.   On the day I saw Mercer, I had been in two public-houses - the Mitre and Mr. Maxwell's.   I was also in the Canterbury - that's three.   It was a short distance from the Canterbury that we heard the conversation.   He did not say that if he couldn't get a girl in Lyttelton he would get one in Christchurch,   [At this point an argument ensued between Mr. Duncan and Mr. Joynt about depositions, which was ended by his Honor deciding in favor of Mr. Joynt.]   I cannot recollect saying so to the coroner.   I can't say why the prisoner said he did not want to have anything to do with me.
  Alfred George Simmonds:   I live in Lyttelton.   I remember Saturday, Jan. 9.   I know Ripon street in Lyttelton.   I was there that evening about 6 o'clock.   I know the parsonage there.
  I know the corner of the orchard.   I saw a girl there inside the fence.   I was passing by, and outside the fence, but I could see through a little gap.   The girl was lying on her right side.   Her feet were up the hill and her head down the hill.   She was close to the gap.   She appeared to be dead.   She had no hat on.   I did not notice her clothes or their position.   I saw blood on her left cheek, and some on her teeth.
  Cross-examined:   I was driving cows.   I think it was six o'clock, judging from the time I started.   I looked at the body through the gap.   There was nothing to prevent me seeing the whole of her body, but I did not take notice whether her limbs were covered or uncovered.
  Richard Rouse deposed:   I am a labourer residing in Lyttelton.   I remember January 9.   I went to the corner of the parsonage ground Ripon street, between 5 and 6 o'clock in the evening.   I saw the body of a little girl lying inside the gorse fence.   She was dead.   Her dress was thrown over her neck, and her legs were naked.   I sent for the police, and Constable Wallace and another came.
  Cross-examined:   I cannot exactly say the time, but it was somewhere between 5 and 6 o'clock.   I went to the place with my brother and a man named Knowles.   The body was bare up to the waist, and no hat on the head.   I saw no one in the immediate neighborhood.   I never touched the body.   I did not go inside the fence till the police came.   The fence was wire and gorse.   I alone remained till the constable came.
  John Skeet:   I remember Jan. 9.   I was leaning that evening on Mr. Barker's rails.   It was twenty minutes or a quarter to six when I came out of the house.   I was looking up to the parsonage garden.   I saw prisoner shaking his coat, about 9 feet from where the girl was found.   I saw her found.   He looked like a tipsy man rising from a snooze, and shaking his coat.   I saw him come down Ripon street towards Oxford street, and across the tramway, past Rouse's house, and past me as I leant on the rails, about four yards away.   He was going towards the station.   I saw blood on his right cheek.   His hands were in his pocket, and he was in a hurry, as if he wanted to catch the train.   The train had come in before I looked up to the parsonage.
  Cross-examined:   Prisoner had a light tweed suit on and a cheese-cutter cap.   I cannot say wether he had anything around his neck.   The next time I saw prisoner was at the Mitre Hotel, at the second inquest. He had the same clothes on as when I first saw him.   I did not speak to him when he passed me; he was a perfect stranger, but from the occurrences of that day I should now be able to recognise him in any dress.   I should think it was 5 minutes to six when he passed me.   I recognised him immediately in the Mitre.   His whiskers are about the same now as they were then.


  He had no appearance of being tipsy when he passed me.   [Here a passage of arms again occurred between Mr. Joynt and Mr. Duncan about depositions.]   I swear I never said to the Coroner "I thought he had some blood on the side of his cheek."
  Re-examined by Mr. Duncan:   I recognise the coat, cap, and trousers produced as those worn by prisoner on that day.
  By the Foreman of the Jury:   I picked prisoner out of the crowd at the Mitre as the man I saw on Saturday afternoon.
  Mrs. Toomey:   I live in Lyttelton.   I remember Jan. 9.   My house commands a view of the parsonage paddock.   I saw a man coming out of the paddock into Ripon street.   He caught hold of the post and rail fence as if under the influence of liquor.   This fence runs along one side of Ripon street.   He had a dark-grey suit on.   I recognise the clothes produced as the same coloured clothes as the man had on.   He went along Ripon street and down Oxford street, in the direction of the railway station.
  Cross-examined:   I distinctly saw him come out of the fence.   He was staggering all along Ripon and Oxford streets.
  Annie Rouse:   I remember the evening of
Saturday, January 9.   I saw a man come out of Ripon street into Oxford street between 5:30 and 6 p.m.   I see him now in the Court, in the dock.   The clothes produced are like the clothes he had on.   He went down Oxford street towards the Railway station, rather hurriedly.
  Cross-examined:   At the time I was sitting in the bow-window of my father's house, which fronts on Oxford street.   As I was putting up the blind I saw him come into Ripon street.   I noticed him more particularly because he was a stranger, and I wondered what he was doing there.   I minutely noticed his dress.   I did not see him between this and the inquest.   The evening that I saw him he had something black and white around his neck, underneath his coat; whether scarf or shirt I cannot say.   I described the man to Sergeant-Major O'Grady on the same evening that the body was discovered.
  Re-examined by Mr. Duncan:   The article of dress round his neck was of same pattern as the muffler produced.
  By the Jury:   I did not see him stagger.
  By Mr. Joynt:   I did not see any blood on his face, though I thought it was rather dirty.
  [Left Sitting.]