The Sun.
London, England, 1861-09-27 00:00:00

FRIDAY 1-31rgNING: SETTIVIBER 27, 1861.

CRIMINAL COURT.—(This Day)

OLD COURT.
(Before Mr. Justice Byles.)
THE ALLEGED MURDER IN WESTMINSTER.
William Maloney, 40, labourer, was indicted for the
wilful ;murder of his wife, Mary Maloney, on the 2d of
September.
The prisoner pleaded not guilty.
Mr. Clarke and Mr. Orridge prosecuted, and Mr. Sleigh
defended the prisoner.
Mr. Clark having stated the case against the prisoner,
called the following witnesses :
Eliza Duckwell said—T live with my father, in Leg-
sourt. Known deceased about ten months. Last saw her
alive about 10 minutes after 12 on the Monday. I met her
in Peter-street. Catherine Welsh was with me. Deceased
was going towards home. We made some fun of a
young man, and she went away laughing. She was
quite sober. She had a pot of beer in a can. After
his:l went into my own house, No. 4 in the court, four
&ors from the deceased. I had some milk, which I was
in the act of putting on the table, when my brother ran in,
and said, " Mr. Maloney is fighting, and his smock is all
over blood." With this I ran out into the court and sa w
Maloney standing between the window and street door.
He was looking at the sleeve of his smock on which was
blood. It was his right sleeve. I saw blood in the passage,
and his little girl, about seven years old, crying. She was
in the court. I looked through the window and saw de-
ceased lying on the floor, resting' on her elbow, and she
gradually sunk down. She rose up again a very little way
from the ground to put her hand to her forehead. I saw
blood coming from her shoulder. I said, " Oh, Mr. Ma-
loney, your wife is dead; how was it done ?" He said she
did it herself. He repeated this three times. I ran down
the court, and met my father half way.
Samuel Gordon, 241 B, said—About 25 minutes after
twelve on Monday, the 2d of September, I was in Peter-
street, and a man said, " I think there was murder in Leg-
court." Ido not know the man. It was not Saunders.
I went to the spot, and saw several people. As I got to the
door I met Mr. Payne, and he told me a woman had been
stabbed, and that she was quite dead. I saw a quantity of
blood on the floor, a woman lying on the bed with blood
about her dress. I saw a wound in her neck on the left
side. I asked the woman how it was done, and a man
sitting at the end of the table made answer and said,
" She done it herself. I was sitting down eating
my dinner when she picked up the knife and stabbed her-
self, and then threw the knife away." I cleared the room
of the people and searched it, and told Maloney to get up
and move his chair, and after lifting the tea-tray I found
the knife sticking in the board behind it. The serf eant
then came, and he was taken to the station. He there re-
peated his former statement, that she had done it herself.
By Mr. Sleigh—l did not ask the prisoner how the
woman came to her death. The statement he made was
quite voluntary.
Police constables Maxted and Mason gave similar
evidence as the previous witness. Mason, however, gave
a more exact account of the remarks made by the prisoner
when he was taken into custody. Maloney said " She done
it herself. 1 know nothing about it." I then cautioned
him in the usual form. He then said, " I was having a
few words with my with wife, and I sent my child out for
some oats for the rabbit. I was eating my bread, potatoes,
and bacon, and when I had done I laid my knife on the
table. She took it up and done it herself, and threw the
knife away." I asked him who liftedjher on the bed, and
he said "I don't know." He said he did not assist. I
looked at his hands and clothes. Both hands had blood on
them ; most on the right one, and blood on the right sleeve
of his slop. On the cuff of the right sleeve of the shirt are
spots of blood, and some on the front of the trousers on the
right leg. There are also spots of blood on his shoes. At
the station, the sergeant said, "He has got some blood on
the inside of the leg of his trousers," to which he replied,
"If either of ye had been there ye would have had the
same." He also stated that his wife had said she would
commit suicide.
Mr. Taylor, chief clerk at the Westminster Police-court,
read the statement made by the prisoner. It was similar to
that made to the police-constable.
Dr. Payne,Pimlico, sai I—l was called
on thre
12, to 2, Leg-court, to see a
person who it was stated had stabbed herself. I found the
2d inst.,about Denbigh-street,
half-past
woman Maloney lying on the floor in a large pool of blood.
I -saw a wound on the left side of the neck, from which
bleed was still flowing. With assistance I got her on to the
bed. I asked Maloney to assist, and he said "No, I can't."
I asked him if he was the husband, and he said he was. I
said, " How did this happen, have you been quarrelling ?"
He said " No. I had just come in to my dinner and had
placed my pocket -knife by the side of my plate, when she;
suddenly seized it and stabbed herself, Keying " I have done
it at last." The knife had penetrated the cavity of the
chest, and a large quantity of blood had passed into it. The
knife produced would cause such a wound. It would require
a very sharp blow to inflict the wound. I certainly don't
think the deceased could have inflicted the wound herself.
Justice Byles—From your observation was it probably a
suicidal wound or not.
Witness—Probably it was a self inflicted wound.
Joseph Saunders—l formerly lived in Somers Town. On
the Monday of the occurrence I was looking for lodgings,
and walked down Leg-court. As I was going up some
party told me there was a place in Bennet's-yard, March-
mount-street, and I went to the door in Leg-court, on the
left hand side, and looked in and saw a man strike a
woman with a knife. I afterwards saw him in custody of
the police. He struck on the left side of the neck. I have
no doubt Maloney is the same man. I saw the blood flow
on his right hand. She screamed out a little. He did not
say a word. I came off out, and said to some women,
"There's murder," and went away. I did not point out
where. I said, " There is murder in one of the houses." I
saw three policemen take Maloney out of the court directly
after, and I pointed him out as the same man at the police
court.
By Mr. Sleigh—l was quite a stranger in NV estminster
when I saw the deed done. I did not rush in to render
assistance. I went away after it occurred. I did not think
it my duty to accompany the police to the station. I was
frightened, and did not know hardly what I did. I know
I still continued looking for lodgings. I had been cut of
work for four weeks previous to the occurrence. I went
and had my dinner after I saw the man stab the woman. I
will swear I was not in the eating-house 10 minutes. I
did not mention a single word about the occurrence. I
will swear I did not say to the woman in the eating-house
" I've just seen a woman stab herself." I have sworn I
had not been into any place of refreshment before I went
home, but I don't call having the two or three ounces
of pudding refreshment. Before I came to London
I was employed as a farm labourer. The first time
I had ever been in a court of justice was when I
went before the magistrate. I did not hear witnesses exa-
mined after I had given my evidence. I had nothing to
drink when I had my dinner. I did not go into a drinking
house after I left the shop.
Re-examined by Mr. Clarke—The mates of the prisoner
have threatened my life if I gave evidence in this case. I
had neither read nor been told anything about the circum-
stance before I' told my wife what I had seen in Leg-
court. I told her about it when I got home about eight
o'clock in the evening. I also told Mr. Calder
about it. He went .with me to the police-station.
I did not hear any witness examined before I gave my
evidence.
The learned Judge then closely questioned the witness as
to his antecedents.
Justice Byles—Are yol a churchman ?
Witness—All my life I've not had much time to go to
church.

Justice Byles—You have heard of the commandments
Witness—Yea.
Justice Byles—The one that says, Thou shalt not bear
false witness against thy neighbour ?
Witness—Yes.
Justice Byles—Do you know that man's life is in your
hands ?

Witness—Yes.
Justice 13yles—Knowing that, do you still persist in the
statement you have made ?
itness—l do. The man at the bar is the person I saw
stab the woman. lam certain of it.
A Juror—Did you see the blow struck ?
Witness—l did ; and I also saw the blood flow on the pri-
soner's hand after he did it.
This closed the examination of Saunders.
The case was proceeding when we went to press.

NEW COURT.
(Before Mr. Justice Keating.)
ALLEGED FRAUDULENT BANKRUPTCY.

John Dales, 40, contractor, was indicted for that he,
having been duly adjudged a bankrupt, within three months
of the said adjudication unlawfully obtained a large quan-
tity of goods to the value of £1,285, with intent to defraud
Samuel Woodhouse.

The evidence in this case was quite uninteresting to the
general reader. The trial will occupy the whole of the
day.

THIRD COURT.
(Beforo the Common Sergeant.)
Thomas Quinlan, 18, was indicted for burglariously en-
tering the dwelling-house of Henry Harris, and stealing
therein a silver milk•pot and other articles.
The Common Sergeant thought there was no evidence
against the prisoner, and the jury immediately acquitted

When Prince Alfred arrived at Queenstown on
board the Niagara he was waited on by Rear-Admiral
Talbot and Commodore Yelverton, commander of the Coast-
guard,'-whom he received in the most cordial manner, and
accepted an invitation to sail about the harbour in the beau-
tiful yacht Argus while the Niagara was awaiting the arri-
val of the special train from Dublin. His Royal Highness
is said to have expressed, himself greatly delighted with-the
capabilities of the harbour and the beauty of the surround-
ing scenery. The Cork Herald says that, finding such a
rush of passengers, especially ladies, on board the Niagara
f om the Great Eastern, he most kindly expressed his readi-
ness to give up the large apartments that had been assigned
him, and to rough it during the voyage—an offer which
won for the gallant young prince great applause.

CENTRAL CRIMINAL COURT.—Sept. 26.

A portion of the following appeared in our impression of
yesterday evening :

OLD COURT.
(Before Mr. Justice Byles.)
THE MURDER IN HOLBORN.
William Cogan, described as a labourer, aged 35, was in-
dicted for the wilful murder of his wife, Mary Ann Cogan,
aged 30, on the morning of the 3d of August last, in New-
ton-street, Holborn. The prisoner, who was accommodated
with a seat, pleaded not guilty, and during the progress of
the trial paid anxious attention to the evidence.
Mr. Clarke and Mr. Orridge appeared for the prosecu-
tion, and Mr. Ribton defended the prisoner.
Mr. Ribton cross-examined the several witnesses who
saw the prisoner on the night in question, and particularly
the police constables to whom the prisoner went up to, and
to whom he made the admissions at the hospital, but nothing
material was elicited to affect, their previous evidence.
Mr. Painter, the surgeon who first saw the deceased, and
afterwards made a post mortem examination of the body, ,
repeated his previous evidence; and, in cross-examination
by Mr. Ribton, said it was just possible, but altogether
improbable, from the nature of the wounds on the deceased,
that she could have done it herself ; and, in his opinion
they must have been inflicted by some other person.
Mr. Fortescue, the surgeon of King's Collage Hospital,
described the nature of the wound on the throat of the pri-
soner, and said there was nothing inconsistent that it might
have been done by another person.

Mead, the waiter at the Queen and Prince Albert,
deposed to the fact of the prisoner about half-past one
coming to the house and having a pint of beer, and stating,
" By God, I'll do it," and said he lost some money.
Mr. Clarke said that was the whole of the case for the
prosecution.

The Court then adjourned for a short time, and on their
return,

Mr. Ribton proceeded to address the jury for the pri-
soner.

After half an hour's absence the jury returned into court
with a verdict of Guilty.

The Clerk of the Arraigns asked the prisoner if he had
anything to say why sentence of death should not be passed
upon him.

Cogan, raising his hand, said—l never done it ;if I. did
I hope God may break my neck going down stairs. I
never did it. Your are a wicked man (pointing to the
medical witness) ; you've caused the death of an innocent
man. It ought not to be left to the evidence of one man;
it ought to be left to the evidence of two or three. I never
did it. I never did it. -

Mr. Justice Byles then put on the black cap, and sen-
tence of death was passed in the usual form. The learned
judge held out no hope of mercy.

THE RECENT RAILWAY ACCIDENT AT KENTISH-TOWN.

Mr. Best, on the part of Rayner, against whom a ver-
dict of manslaughter had been returned, the indictment for
which had been ignored by the grand jury, applied that
the case might be taken to-morrow.

Mr. Giffard hoped, under the circumstances, the case
might be postponed till next session.

Mr. Justice : yles said he could not allow such a charge
to remain suspended for such a period. It must come on
in the ordinary course to-morrow.

MANSLAUGHTER.

John Spiller, the sailor who was yesterday acquitted of
the wilful murder of William Dixon, but found guilty of
manslaughter, was brought up for sentence.

The learned Judge said it was a very bad case, and be
sentenced the prisoner to 10 years' penal servitude.

NEW COURT.
(Before Mr. Justice Keating.)

CHARGE OF RAPE.

A respectable man, named Hearne,surrendered to an in-
dictment charging him with unlawfully knowing Sarah
Johnson.

Mr. Cooper and Mr. Dickie prosecuted, and Mr. Sleigh
defended the prisoner.
The facts of the case have already appeared at length in
The Sun. It will be recollected that the prosecutrix was
the wife of a policeman occupying apartments in the house
kept by the prisoner in Upper Ebury-street. The offence
was alleged to have been committed on the night of the
23d of August, when the prisoner, during the absence of
her husband on duty, entered the prosecutrix's sleeping
apartment and committed the outrage.

The prosecutrix, a very good looking young woman, having
repeated the evidence she gave at the Westminster Police
conrt,was submitted to a long and minute cross-examination
by Mr. Sleigh, with a view to show that she was labouring
uneer a delusion, and that the charge made against the
prisoner was altogether groundless. She said—l have cer-
tainly had medical advice lately, but certainly not for any
mental delusion. My husband certainly has never, to my
knowledge, been of opinion that I was subject to certain
hallucinations. I have certainly never had medical advice
on account of the state of my mind. I have been to Dr.
Love, but then it was not that I laboured under delusion.
I felt unwell, and accordingly, by my husband's direction,
I went to see him. He told me I was not seriously
unwell, but that a couple of bottles of medicine
would put me all to rights. I never made charges
against absent parties in the presence of Dr. Love.
I did not tell him that a Spaniard had been following me
about for months. My husband told him so to my pre-
sence. I never told Dr. Love I was labouring under a
spell put upon me by an old woman. I don't know the
meaning of the term "spell." If Dr. Love said before the
magistrate I was suffering under some sort of delusion he
must have made a mistake. He never told me I was
labouring under any mental ailment. When I have con-
sulted Dr. Love he has always told me I was labouring
under depression of spirits, but nothing further. I know a
Mrs. Blanchard. She keeps a greengrocer's shop, but
nothing more • One night after I had some oysters at her
shop. I had a conversation with her, but I never told her I
had just drank half a pint of vinegar. She did not remon-
strate with me upon the subject. I never said my husband
locked me up because he could not trust me about alone. I
never told Mrs. Blanchard that a Mr. Percival was con-
stantly following me ab•.ut and kissing his hand to me. I
never asked a person named Ward about lodgings. I am
certain I never mentioned Mr. Percival's name to him. I
never charged Mr. Percival with kissing me. I have never
made charges against other persons which, on being heard
by a magistrate, have been discharged. Before I was mar-
ried I once went to Dr. Pepler's with a message. I
never complained afterwards of an indecent assault being
committed on me by his assistant. I never charged him
with coming into my bed-room and kissing me. I know a
Mrs. Anell. I lived in her house four years. She has
always pretended to be my friend, but I know she has been,
bought to give evidence against me.

Re-examined by Mr. Cooper—l never charged Dr.
Pepler's assistant with assault. I once went to his house
to tell his assistant to give him a message. He said " All
right, my dear," in a kind of offhand manner—and as I
was leaving his shop he said something about my crinoline.
Mrs. Hearne told me Dr. Love was a friend of theirs.

By the Judge—The day before the occurrence took place
which has led to these proceedings I was going upstairs,
when the prisoner said, " What a nice leg you've got. I
did not let my husband know of that.

Police-constable 39 B said—On the 23d of August I saw
the prosecutrix standing at Mr. Hearn's street door. She
appeared very much excited, and told me she had been very
ill used. Her husband came up, and then Mr. Hearn was
taken to the station. When I first saw Mr. Hearn he was
only partly dressed. The prosecutrix appeared as if she
had been crying.

By Mr. Sleigh—After the charge was made the prisoner
was called out of his bedroom by Mr. Johnston, her hus-
band. When he came he was but partly dressed. Hearn
when he'was told of the charge made against him, said the
woman must be a liar.

The medical testimony was to the effect that recent inti-
macy had occurred.

Mr. Sleigh addressed the jury at some length for the
prisoner.

The prisoner having received the highest character for
honour and honesty from a number of witnesses, the
learned counsel called

Dr. Batchelor, who said—The prosecutrix was in my
service about two months. I would not believa her upon
her oath.

By Mr. Cooper—l would not believe her because she
generally told falsehoods. She has often told me that the
person who is now her husband was not in the house when
she knew he was.

Mr. Lewis—l am manager of a linendraper's in Farring-
don-street. The prosecutrix is a:niece of mine. I would
not believe her on her oath.
By Mr. Cooper—There has been a quarrel between the
prosecutrix and my wife.
Mrs. Anell—l live in Kenton-street, Brunswick-square.
I have known the prosecutrix two years. I would not be-
lieve her on her oath.

The jury, after nearly three hours' deliberation, returned
a verdict of a Not guilty."

THIRD COURT.
(Before the Common Sergeant.)
Ernest Tilley Ward, 31, clerk, was indicted for stealing
various large sums of money, the property of his employers.
It will be recollected that the prisoner was cashier in a
large mercantile firm in the City, known as Coster, Den-
nant, and Co., and that it was alleged against him that at
various times he had abstracted money from the firm
amounting to some thousands.

' The jury, after nearly three hours' deliberation, returned
a verdict of guilty, but strongly recommended the prisoner
to mercy on the ground of long servitude, and condemned
the way in which the books of the firm were kept.
The Common Sergeant said he would not pass sentence
until to-morrow, by which time it could be settled whether
the other charges against the prisoner would be proceeded
with.

THREE AT A BIRTH.—On Thursday week the
wife of James Watson, fisherman, Cromarty, gave birth to
three sons. We are glad to understand that the mother and
young fishermen are doing well. We learn that Mrs. Wat•
son was, on two former occasions, delivered of twins—thus
making her the happy mother of a considerable family in
three illetalmeuto•—itivfrgentvti Tinto.

POLICE INTELLIG.ENCE..---( nil Day.)

MARLBOROUGH-STREET.

DAIVING.—Wm. Hutchinson, badge 3,575,
was charged efore Beadon, as follows :
From the evidence of George Stribling, cab proprietor,
of 89, Gloucester-mews, it appeared that he was driving
one of his cabs along Piccadilly, when the prisoner drove
his cab up Lower Regent•street, at the rate of 12 miles an
hour, in the most reckless manner, and notwithstanding
his (complainant's) exertions he was not able to prevent a
collision, a part of his cab being smashed. A constable,
Godwin, 206 C, then came up and found that the prisoner
was drunk, and that he was on his wrong side. He then
took the prisoner into custody.

Prisoner tried to make out that it was complainant's
fault, but Mr. Beadon reminded him the constable had
proved that he was drunk, and ordered him to pay a fine
of 205., and 12s. damage, or, in default, two monthb'
imprisonment.

The prisoner asked that the fine might be reduced, but
Mr. Beadon refused.

CLERK E NWELL.

William Wormold, a tailor, was charged with indecently
exposing his person in 'runswick-square, last night (and on
several previous occasions in the public streets), to five young
girls of tender age,

A detective-constable took him into custody last night, in
Brunswick-square, about 9 o'clook. He was convicted on
the two first charges, and sent for three months on the first,
and the same on the second charge, to the House of Correc-
tion, with hard labour.