The Sun.
London, England, 1862-06-25 00:00:00

CHARGE OF CHILD MURDER..

At the High Court of Justiciary, held yesterday,
Mary Scally, , or Scolly, was placed at the bar,
charged with murder, in so far as on Monday the
3d March, 1862, at or near the part of the Forth
and Clyde Canal known as Castlecarry Bridge, in
the parish of Falkirk, she wickedly and feloniously
attacked her male illegitimate child, then about
four or five days old, now deceased, and did throw
or put into the Canal, and leave it there, in conse-
quence whereof it was drowned and deprived of life,
and was thus murdered by her; or otherwise, that
she attacked and assaulted the child by obstructing
its respiration with her hand, by which it was suf-
focated or strangled.
The prisoner on the charge being read over to
her, pleaded guilty to culpable homicide.
This plea having been accepted by the Solicitor-
General,

Mr. Badenoch Nicholson, who appeared for the
prisoner, proposed to adduce evidence as to the
character of the prisoner.
John Malcolm, examined by Mr. Nicholson, de-
poned—l am a farmer at Bothkenna, Orchardhead.
The
prisoner was a domestic servant in my employ-
ment for three years previous to last Martinmas.
She bore an excellent character while in my em-
ployment. She was a kind and obliging girl.
Rev. Mr. Stevenson, examined by Mr. Nicholson
—I am minister of the parish of Bothkenna. The
farm of Orchardhead is in my pariah. lam aware
that the prisoner was a servant at Orchardhead. I
had frequent opportunities of knowing her charac-
ter, which I considered very good.
Mr. Nicholson then briefly addressed the Court
for the prisoner. He said she was between nine-
teen and twenty years of age, and when her youth
and the circumstances of the case were taken into
account, he had no doubt their Lordships would deal
leniently in the case. no 'prisoner's father had
used language towards her which no amount of vice
on the part of a child could justify a c,":,!her in using.
When the prisoner was only three days delivered of
the child he told her that she would not be allowed
to sit at his fireside with any man's child, and thcn
drove the girl from the house. Considering the
manner in which she was compelled to leave the
house—a poor girl driven from her father's house in
a cold wintry day—he thought he need not ask the
sympathy of their Lordships for the prisoner in her
wretched circumstances.
The Lord Justice-General, in passing sentence,
said that it had been proved tilt the prisoner was
a person of good character, and her ounsel had
stated the circumstances under which she had com-
mitted this offence. The prisoner was relieved from
the charge of murder, but she was still convicted of
into an act of violence towards this child, The indict-
ment stated that shedeprivbeyd
tthhreowchinilgd
ito
of
life
thein
one of two ways, either
Canal, or by feloniously attacking and assaulting it
with her hand, or in some other way obstructing
the respiration of the child. He presumed it was
not the first of these. If it were, it were difficult
to understand how her case could be anything else
than murder. In regard to the second way, it was
possible that the prisoner may not have apprehended
g ht
ensue,theand
atheteedreshualtrshwlyh,icbhut withoutmi
intentionmighotf hparvoe.
ducing death, although exposing life to risk. The
Court were disposed to ta a lenient view of the
case, but the punishment could not be limited to
imprisonment. The sentence of the Court was
three years' penal servitude.
The prisoner, who sobbed and moaned heavily
during the whole of the proceedings, was then re-
moved.

A GREENWICH COLLEGE-MAN KILLED ON THE
NORTH KENT RAlLWAY.—Yesterday afternoon, about four
o'clock, an aged man named Thomas Payne, an in-pen-
sioner of Greenwich Hospital, was run over and instantly
killed by an express up train, near the Erith station by the
North Kent Railway. It appears that the deceased
bad improperly- got on to the line of rails for the purpose of
speaking to some person at work near the spot, and being
deaf, did not hear the advancing train until it was too late
to escape.

THE ROBBERY OF £285 at MANCIIESTER.—Yes-
terday the Manchester city magistrates discharged Mr.
John Green, the Nottingham flourdealer, who was appre-
hended in his own. town on suspicion of having a guilty
knowledge of the fact that a 100-note, received by him
from a man unknown, was stolen from Mr. George NV haites,
of Manchester. Mr. Edwardes; who appeared for the de-
fence, said a number of Nottingham gentlemen were ready
to bear testimony to Zit., Green's eharacter,

Henry Davis, Esq., coroner, arrived at Balrothery
on Saturday, 21st, at three o'clock, p.m., where he
was joined by Messrs. Hans Woods, G. F. Black-
burn, John Madden, and John Baker, magistrates.
Shortly after the prisoner arrived under an escort
of constabulary, in charge of Mr. Carey, sub-
inspector.

The coroner having sworn a jury, took the fol-
lowing evidence :

Alicia Kelly sworn—Saw Callaghan seize hold of
M'Guinness by the collar and shove him twice; he
fell, and Callaghan took him up and shook him
against the wall until he got black in the face ; he
then let him out, and in a few minutes after
M'Guinness fell down dead.

Anne M'Namara sworn—Saw Callaghan seize
hold of deceased by the neck and chuckle him.

John Murray sworn—Saw Callaghan take a grip
of deceased's neck by the handkerchief, his knuckles
being next his neck ; saw him fall shortly after,
and remarked round his mouth and lips black and
a few bruises on his neck..

Dr. Symes, of Skerries, made a post mortem
examination of the body ; found his left lung
in an apoplectic state, and also a small abscess
and rupture of blood-vessel in left lung, which,
in his opinion, caused death; the rupture
of the blood-vessel would be caused by passion,
excitement, or violence ; examined his brain, and
it was not congested.

The Coroner addressed the jury, who consulted
together for about ten minutes, and returned the
following verdict :—" That James M 'Guinness died
at Balrothery, on the 20th inst., of apoplexy of a
diseased lung, caused, in our opinion, by excitement
in a quarrel about land with Owen Callaghan, and
in which quarrel Owen Callaghan assaulted de-
ceased by shaking him by the neck, and although
we do not find the assault has caused his death,
we are of opinion that Owen Callaghan should be
made to answer for such assault before the magi-
strates."

The prisoner was immediately afterwards dis-
charged from the custody of the police.

GARIBALDI IN GENOA.

A letter from Genoa, dated June 21, says :—I
sent off a few lines just as the Tuscan post came in,
but before I had even time to read the letters a
messenger from Albaro brought the news that
Garibaldi was to embark at 4 p.m. He has been
staying with Teresita and her husband in their
villa in Albaro, and spent the greater part of this
morning with Cattabene, in his cell at Sant Andrea.
The detention of this officer is a great grief to Gari-
baldi. He was with him in America. It was be
who, with 300 men, defended Cajazzo against 4,000
Neapolitans, nor ceased defence until half his men
were killed. Himself, with ten officers and ninety-
nine soldiers, carried wounded prisoners into Capus.

II saw him there really covered with wounds the day
after, and I remember all his anxiety was to say a
few important words inEnglish,which had no refer-
ence whatsoever to his own condition. And now
to see Cattabene ill, still suffering from his wounds
in prison, on charge of complicity in the Parodi
Bank affair, is grievous beyond words to his loving
chief. True, Cattabene's passport was found on one
of the thieves, but when confronted, none of them
knew him, and common sense would lead one to
conclude that a man, intending to participate in
such a deed would not give his own passport to
his accomplice. Of course, we cannot expect
magihtrates and judges to feel that absolute faith
in his innocence that is felt by his general and
fellow officers and soldiers; still, to say the
least, here the course of justice is very, very
tardy. From Cattabene's cell Garibaldi passed to
that of Serafino Melis, a Sicilian, and one of the
thousand new belonging to the Royal Marines. He
also has been lying 52 days in prison without hav-
ing once been examined.

After these visits the General went back to
Albaro, and returned to embark about five a.m.,
looking so young, so radiant, and contented that we
said to each other, he looks as if he is not to stay
long at Caprera. One or two outsiders ventured to
ask his companions if they knew where they were
going, and were answered by a smile of compas-
sion. Not one of them has any definite idea of
their destination, but they do not seem exactly
aware that Garibaldi would have chosen to plant
cabbages or trim the vines of Caprera. Missori and
Nullo, " the bravest of the brave," as Garibaldi
styled them on the Ist of October ; Civinni and
Guastalla, and Chiassi, men of the pen and of the
sword ; Guerzoni, ex-secretary of lie Pretis, old
Dr. Ripari, and the faithful Basso, with his two '
sons, are his companions, and never was the general
better surrounded. Bixio and Medici, Masto and
Mario were with him to the last on board the Tor-
toli, a small new steamer hired from Rubattani. A
faint hope has been excited that Ratazzi, finding
himself hedged in by command of the Emperor on
one hand, and the threatening aspect of the Italian
people on the other, has adopted the audacious ex-
pedient of sending Garibaldi to Naples. Should
this prove the case, all Ratazzi's sins will be for-
gotten, and Naples rescued from the anarchy or-
ganised at Rome. It sounds too good to be true,
and it is rather to be feared that the Government
seeks to place a few leagues of ocean between Italy
And Garibaldi.