NO evidence was called for Friske’s defense although the prisoner made a statement, which the Counsel was permitted to repeat, as it was ‘unintelligible and to a great extent inaudible’.

His testimony described how Mat Matteson had told him to sign papers which had come from Sydney and on asking what they were, was told that the teamster, Thomas Duncan, wanted him to sign them.

Friske then explained how, after asking why he had to sign them and flatly refusing to do so.

Matteson exclaimed, “You won’t sign them, you old … “, and took him by the throat, knocked him down, placed his knee on his stomach and bit his hand.

Matteson then picked up a long stick and attempted to hit him with it, but he ducked down to dodge it.

As the weight and impetus of the attack caused Matteson to lose his balance, Friske picked up the axe and hit him on the back, causing Matteson to fall into the fire, his arm becoming caught in the roots of the tree.

Friske then tried to pull him out but was unable to and became afraid.

Counsel for the defense then spoke to the jury, reasoning that Constable May misunderstood Friske during his confession, as everyone had trouble understanding him during the trial, particularly as the confession was given after no sleep the night before and a glass of spirits on an empty stomach.

He also pointed out that Friske and Constable May’s statements were identical in every detail but one and at most, was only a case of manslaughter and “it was only a question of whether his actions were justifiable at that”.

The jury retired at 6:40pm and after two and a half hours of deliberation, returned their verdict of guilty.

The sentence of death was then passed on Friske and the Court adjourned.

The prisoner was taken back to Grafton Gaol, where he was immediately put in irons and placed in a separate cell.

 

By Karen FILEWOOD