Talk:Tom Ashford

Preliminary hearing

• The judge's decision from the preliminary hearing in police court is worth repeating:

I believe that I might as well decide this case now as later. I think I thoroughly understand the testimony. I will say that if I had jurisdiction of this case, and were called upon to decide the question of reasonable doubt, I would have no hesitation in acquitting the defendant, because with the circumstances as here testified to as to the time of firing the first shot, the defendant had a reasonable apprehension that his life was in peril, or that he was in danger of great bodily harm. I can also see, after taking all the evidence into consideration, how the defendant might very readily have concluded that it was necessary to follow up his assailant and fire at him the second or even the third shot under the testimony, while the witness was in the act of drawing a weapon, as the testimony of several witnesses shows that he was doing. From the testimony of some of the witnesses to retreat would have increased his peril, or placed him at greater disadvatnage. But the evidence being very conflicting as to the firing of the second and third shots, I think it is my duty to let the defendant away the action of the grand jury in the premises. I have very grave doubts as to whether a jury would entertain any different view from that I have expressed. I think, however, it is a better policy, in a case of such grave importance as this, to let the grand jury investigate. The only question is as to the amount of bail. - quoted in the The Weekly Age-Herald (February 8, 1898)