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here closed, and there being no evidence of identity against the prisoner Wong Whit he is discharged.
Defence
Mr. Day for the prisoner Wong Whit states that there is just evidence that the nails inside the shop were nothing in connection with those outside. This suggestion being ruled he addresses the jury and calls He Allway, who being sworn, says: I am house coolie to Mr. Goddard. I remember the night of the 14 February - I slept in the stable. My stable door was locked from the outside at mine o'clock.
The prisoner Wong Akut was in the stable with me. I was disturbed by the noise of grinding - disturbed by more than 20 times. I awoke. Wong Akut, who was asleep, asked me if I had opened the door of the stable. I replied "Yes." No other conversation took place – Akut did not leave the stable. I had the key of the stable door, which I kept the whole time till I got up some after 5 P.M. Wong Akut was still asleep. I have known him 5 or 6 years. He is a quiet man and not fond of leaving the stable. He was two years house coolie to Mr. Goddard, and 5 years to W. Macpherson.
A Letter from M. Macpherson to M. Hillier is put in and read, the Attorney General consenting. The following is a copy of the letter:
"East Point, 5th Jan. 7, 1856.
"My Dear Mr. Hillier,
"I understand a man by the name of Wong Whit has been taken up on account of...