The Sun.
London, England, 1861-11-18 00:00:00

THE WES7'MINST_ER MURDER.

Our readers will remember that a prisoner named
William Maloney was convicted at the September
session of the Central Criminal Court of the murder
of his wife by stabbing her i❑ the throat with a
knife, and ho was left for execution, and only re-
spited a very short period before the day fixed for
carrying the sentence into effect, The Home Se-
cretary, it appeared, respited the prisoner in conse-
quence of the jury recommending him to mercy on
the ground that they believed the act was not pre-
meditated, and that the deed was committed under
the influence of some sudden provocation and quar-
rel ; and as the respite was not for any specified
period, but during her Majesty's pleasure, there was
of course no chance of the capital punishment being
inflicted, and it would seem that considerable diffi-
culty has been created with the authorities at the
Home-office as to the course that should be pursued
in the matter. It will be seen that a very consider-
able delay has already taken place with regard to
the disposal of the prisoner—much longer than usual
—and it appears that a day or two ago Mr. Jonas,
the Governor of Newgate, went to the Home-office
for the purpose of ascertaining what was intended
to be done, and he was informed that no decision
had yet been arrive I at. The culprit himself still
remains in Newgate, and he continues to assert, as
he did from the first, that he is perfectly innocent
of the charge of murder; and that his wife, in the
course of a quarrel that took place between them,
suddenly snatched the knife from the table where
they were at dinner, and inflicted the mortal injury
up ni herself, This statement of the prisoner, it
will be remembered, was very strongly borne out
by the evidence of the surgeon who was examined
at the trial, who stated that the wound was un-
doubtedly of a suicidal character, or one self-in-
flicted, and was quite as likely to have been so
caused as by the act of another person. The case is
altogether one of a very peculiar character, and an
impression appears to prevail that it is not improba-
ble that her Majesty's clemency will be extended
to the Prisoner.. And he will receive a free pardon.

A DEED OF DARING.

mit.

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During the gale on Saturday last, which raged
from W.N.W. to N.W., the bark Darius, of South
Shields, Alexander Smith commander, from Sun-
derland, bound for Constantinople, laden with coals,
went on shore on the Longsand at high water, about
noon, and such vas the violence of the gale that the
sea soon made a complete breach over her, and at
four o'clock the crew cut away her foremast and
mainmast to ease her, but the survivors were com-
pelled by night to take refuge in the rigging of
the mizenmast, which was still standing. An
attempt had been made by the crew to leave
her, and the long boat was hoisted out, and three
men got into her, but she was soon capsized by
the violence of the sea, and the three poor
fellows fell a sacrifice to the devouring waves.
The remainder continued in the rigging all night,
their vessel all under water, and the mizenmast only
about 15 feet out of water. On the morning of the
following day three smacks appeared off the sand,
one of them being the Volunteer of Harwich, Thos.
Adams master. It was at once seen that the poor
shipwrecked mariners on the mast were in a most
perilous condition, and they were shouting for help,
their wailing cries being heard amid the storm. All
around the land was a white foam, the sea flying
over the mast of the smack. Saving them at one
time appeared a matter of impossibility. The master
of the Volunteer, however, resolved to try it, and a
boat was manned and put off from the smack, but
the breakers were such that no boat could have lived
in them. Not wishing, however, to give up the at-
tempt, they brought their boat up near the edge of
the sand, to wait for a lull in the storm, or some op-
portunity of tide, to renew their praiseworthy
efforts, the smack lying to for them. The other two
smacks lay off for a time, but made no attempt to
save the men, and at last sailed away, leaving the
gallant Volunteer alone in her noble duty. Her
boat's crew remained near the edge of the sand for
five hours, but, findingthebreakers increased rather
than not, they returned on board their vessel, the
poor men on the mast still shouting for help. They
did not remain long on board, having resolved to
make another trial, and again manned their boat,
this time having recourse to another plan. The
Volunteer took the boat in tow, and sailed over part
of the sand, till the master of the smack was in fear
of her striking ; but by doing this (the smack being
a very smart vessel) she could sheer the boat in, by
casting her off at a particular moment, and send her
among the breakers to the wreck. The attempt,
however, failed, and the sea and tide were too much
for them, and they could not fetch to the wreck,
and again the good smack picked up her boat.
During these gallant endeavours such was
the exhausted state of the poor men on the
mast that two of them were observed to drop from
it, and were seen no more. The case appeared
to be getting hopeless, it being clear the men
could not hold out much longer, and the tide was
rising, but the smacksmen resolved to risk their
lives and their vessel in another attempt to save
their distressed fellow-creatures. The same means
were again tried, and when the smack was found to
be in only about 101 feet water, with almost inevi-
table risk of striking, the boat was again sheered
in, and this time reached the wreck. After some
time the poor fellows were got into the boat, which
was rolling and pitching about in the foaming sea,
and the smack was reached, and the six survivors
of the crew of the Darius were in safety, though
almost exhausted by exposure and fatigue. The
crew of the smack supplied them with dry clothes
and warm coffee, and reached Harwich about seven
o'clock in the evening. The crew were so pros-
trated by their night's exposure that the smacks-
men had to carry them from the boat to the Wel-
lington Inn, where their further wants were sup-
plied by Mr. 0. Williams, the hon. agent to the
Shipwrecked Fishermen and Mariners' Royal
Benevolent Society, by whom they were forwarded
home on Tuesday. A representation will be made
to the Board of Trade of the facts of this case, in
order that a suitable reward may be given to the
brave crew of the Volunteer for their meritorious
and daring conduct. They will get nothing as
salvors, as all the property is lost, and was gone
before they saved the crew. We would suggest
that the case is well worthy of public recognition.
Ipswich Journal,

SENTENCE 01 D F PRIVATION ON A

CLERGY MAN.

In the Court of Arches, on Friday, sentence was
pronounced by Dr. Lushington in the case of
Burder v. Heath, in which the Rev Mr. Heath was
charged, by direction of his diocesan, the Bishop of
Salisbury, with heretical doctrines.
Dr. Twiss, for the plaintiff, said that, pursuant to
the statute, Mr. Heath had been allowed a fortnight
to consider whether he would revoke his errors, and,
if so, it would be desirable to submit a form of re-
tractation to counsel.

Dr. Lushington—lf Mr. Heath will now say
that he is ready to retract, the Court will give him
further time to shape his retractation, which will
of course be submitted to counsel on the other side.
Dr. Phillimore said Mr. Heath found great diffis
culty in this matter, as he did not quite understand,
as to the thirteen articles against him, whether the
Court required them to be retracted separately
from, and independently of, each other; or what
shape the retractation was to assume or whether he
was to retract the errors in the form in which he
was accused, or in the form in which they appeared
in the sentence. The proper course now would be
for Dr. Twiss to state the form in which the pro-
moter of the suit required Mr. Heath to sign, and
then Mr. Heath would be able to state whether
he could sign it or not. He knew of no case
in which a form of retractation was ever
brought here except in the case of Mr. Stone,
who drew up one which the Court (teemed insuf-
ficient. In this case, where thirteen articles relate
to a book of sermons, it is difficult to know whe-
ther the retractation should be of the passages cited
in the articles, or of the errors contained in the
summary at the end of each charge. It was, there-
fore, only fair that the form should be suggested by
the other side or by the Court, and then Mr. Heath
might be allowed time to consider the matter. He
did not at all desire delay, or to raise difficulties,
but he found great difficulty in making up his mind
at present.
Dr. Lushington said he considered it to be in no
respect whatever the duty of the Court to frame the
retractation. What the Court had done was this :
Laying aside the formal articles, which were not
and never had been the subject in discussion, the
Court decided that four articles were erroneous,
and therefore they are all that the Court desires
Mr. Heath to retract. But it is not for the Court or
for the opposite party to frime the retractatation.
Dr. Phillimore said he did not think that the form
of retraction could relate to the errors, but rather to
the passages cited. Suppose—though he had no au-
thority for saying it—that his client were to say,
" Such and such passages are charged against me ;
I have no hesitation to retract those passages." Or,
" Such and such errors are contained in such and
passages ; I retract those errors."
Dr. Lushington said that before the retractation
came before the Court, the Court would not give
advice as to the manner in which it should be
framed. He could only pronounce that the doc-
trines set forth by Mr. Heath in certain passages
were contrary to the Thirty-nine Articles.
Dr. Twiss said he presumed that the retractation
must be of the erroneous doctrines contained in the
passages.
Dr. Lushington—lt is now for Mr. Heath to say
whether he was prepared to retract or not. If so,
he would give him further time to consider. If
not, he should now pass sentence.
Dr. Phillimore having explained this to Mr.
Heath, who is very deaf, Mr. Heath said (to his
counsel) it was impossible for him to retract the
passages.
Dr. Phillimore —Well, as to the errors therein ?
—Mr. Heath—The errors laid down in the charge
were laid down in the judgment. They are
different.
Dr. Phillimore—The errors contained in the
judgment?—Mr. Heath—Well, really I don't know
what is wanted of me (turning to the Judge) ; per-
haps if I had another fortnight I could make up
my mind. To-day I really do not know what is
wanted.
Dr. Phillimore—The errors to be retracted must
be the errors referred to in the sentence.
Dr. Lushington—l require an answer to this
question—ls Mr. Heath prepared to retract ac-
cording to law or not ? If he is, I will give him
further time to shape retractation ; if he is not, I
must proceed to pass sentence.
Mr. Heath (after a pause)—Well, my answer
must be, that I don't know what the law requires
of me.
Dr. Phillimore—You must give a positive answer.
Mr. Heath—l can give no other answer. I don't
know what the law requires of me.
Dr, Phillimore here retired with his client,