The Sun.
London, England, 1861-09-04 00:00:00

2'llE APPEAL OF M. MIRES.

A Paris correspondent says :—As you know,
Mires has appealed from the decision of the Cour
Imperiale to the Cour de Cour de Cassation.
I must recall to the memory of your readers the
terms of this decision, in order to make them under-
stand this persistence. Had the Cour Imperiale
simply confirmed the judgment of the Correctional
Tribunal of the Seine there would be little use and

little hope in a higher appeal. But this can scarcely
be said to be the case.

You will remember that the chief point in the
paporpteaolf decisionftrhoem„theexpfierrstte”ohwhich the condemnation
in a great measure reposed, and that the Acat
was to reverse the re-
General, while admitting slight errors of detail vo -
re-
sultingspite
eof fromthen ht
he
e geshortnesseeral
ot.
time,
aorfgutehde
investi-
gation that, in
character
was correct, and proved sufficiently the
on
ne-
farious
practices which had been carried by
Mires, to the great prejudice of his clients.
The Court in its decision rejects the demand for
a new investigation, declaring itself sufficiently in-
formed by the examination of witnesses, the docu-
ments produced, and the pleading. But, while re-
jecting the demand, it absolves Mires of the first
two charges of escroquerie in the forced sale or the
securities of the 335 clients, and of embezzlement in
the sale of 21,217 shares of the Caisse Generale.
The first is declared not proved by the examination
and discussion, and the second because their return
before any complaints were made takes away the
legal character of an abuse of confidence.
Both these charges were chiefly established on the
results of the investigation; hence their rejection
must be construed as a doubt on the figures of the
experts, which in the first case alone establishes a
a profit of above two for Mires, and at the
same time as a partial victory, although it by no
means altered the sentence of the First Court.
The other charges are, the issue of a larger
thane
la
thea nd authorisedsarag os
ana numberiiw ay, of
andsharesgiving for them
of the Pam-
pmerely certificates of the directors, by which pro-
cess all those who held these certificates lost their
money ; then the speculating with the shares of the
Caisse Generale, by which several clients lost their

money in the final crash; and, lastly, the fictitious
dividends.

On all these three charges the defence pleaded
" the spirit of modern commercial transactions,"
which takes for granted that the deposits were made
on "current account." This left the disposal of
them to the discretion of Mires, and, had not the
proceedings taken place, the Ottoman loan would
have set everything right.
The cloak of " modern commercial transactions"
is likewise thrown on the fictitious dividends and
the unauthorised issue of a greater number of shares
in an undertaking, and the common practice which
is made of this expedient is pleaded as a proof.
If these doctrines be admitted the charges fall to
the ground, for the intention to defraud has not
been proved in any single case.

The Court has rejected this doctrine, which, once
admitted, would open the door to every kind of
fraud, which it would be impossible to bring home.
It will be always possible to plead " general inter-
ests," averse courts, &c.

The confirmation of the sentence of five years
seems, therefore, as much a general condemnation
of such practices as a special condemnation of Mires
himself. The partisans of Mires find it hard that
he should be made an example, and insinuate that
there were others more conspicuous who were dealt
with far more leniently.

TIIB ALLEGED MURDER IN WEST-
MINSTER.

Wm. Maloney, a labourer, charged on Monday
afternoon with the wilful murder of his wife, yes-
terday underwent a lengthened examination at the
Westminster Police-court.
The court and its approaches were, as previ-
ously densely crowded, the excitement of the popu-
lace being so great that officers were obliged to be
sent out to preserve sufficient order to enable the
magistrate to carry on the investigation.
Michael Wallice, 4, St. Albans-buildings, Cheyne-
walk, Lambeth, was first called. He said—l am the
father of the deceased. She has been married to the
prisoner nine years the 10th of May last. I did not
see her frequently. I have only seen her once these
four months, about five or six weeks ago. I do not
know on what terms she lived with her husband.
Her mother is here, and knows more about that
than I do. His people—his sisters used to be very
officious. They did not live on good terms with each
other as man and wife. They were in the habit of
of quarrelling.
Mr. Arnold—Did he ever beat her ?
Witness—l have known her carry black eyes
from him three or four times.
Margaret Ellen Wallice, wife of the last witness,
and mother of the deceased, was sworn, and was
about to give her testimony, wh©n
Mr. Arnold inquired of Sergeant Mason, the first
witness in the case on Monday, who was conduct-
ing this prosecution?
Sergeant Mason replied that he was.
Mr. Arnold said he should have thought that in
such a serious case as the present, an inspector should
have been employed to take charge of it. He should
have thought that the police felt it to be their duty
to the public to have done so.
Mrs. Wallice then proceeded to answer Mr. Ar-
nold's question of " On what terms did your daughter
and the prisoner live ?" by replying, they led a happy
life in sobriety, but an unhappy one in drink.
Mr. Arnold—How do you mean ?
Witness—ln regard of quarrelling and fighting,
Mr. Arnold—Did they do so?
Witness—Both, in drink.
Mr. Arnold—Were they both in the habit of
drinking ?
Witness—l believe they both drank frequently
together. I last saw my daughter on Sunday fort-
night. I remember the evening prisoner was from
home. I was told he was at the " bug-trap" (some
low house in Westminster), playing at cards. Ido
not know their cause of quarrelling, except that he
got good wages at times and did not bring them
home. She often had black eyes from him.
Catherine Casey, of 7, Leg-court, Petenstreet, said
—I saw Mrs. Maloney, the deceased, at 10 minutes
to 12 yesterday, when I asked her how her children
and husband were. She then went up the court to
get her husband's dinner, and I left her.
Mr. Arnold—ln what condition was she then ?
Witness—She was quite well.
Mr. Arnold—Was she sober ?
Witness—Quite sober. At ten minutes past
twelve I was coming across the road to go home,
and I saw the person who lives upstairs in her
house over her, and she then told me she believed
she was dead. I went to their house. I saw
him standing outside his door with his hands
behind him, and I went inside to look for Mrs.
Maloney, and she was dead on the Moor. One
hand was on her forehead, the other by the side of
her. I took her hand from her forehead, and laid
it down by oer side on the floor, I did not speak
to the prisoner then.
Mr. Arnold—Did he say anything ?
Witness—He did not then say anything to me
or any ono else.
Mr. Arnold—He made no ettempt to move away?
Witness—He did not.
Mr. Arnold—Did yon at all speak of Mrs.
Maloney after you had been in her room ?
Witness—Yes ; I asked three times " Is she
dead," and then the prisoner, who had said nothing
before, replied " Yes, and I think she is dead about
ten minutes." I knew both prisoner and deceased.
I do not know the terms on which they lived.
Bridget Casey was called, but there was nothing
fresh in her evidence.
Mrs. Sarah Hatcher, of 76, Peter-street, opposite
Leg-court, sworn. The deceased came into my shop
yesterday at twenty minutes to twelve, and
asked me if I had some very nice, lean bacon.
She asked me to give it to her nice and lean, or
else she should have it thrown into her face.
Mr. Arnold (to the police)—What is the object
of this evidence ? There is no doubt the deceased
was alive at that time.
Sergeant Mason replied it was to show the fear
she entertained of her husband, and his conduct.
There was the greatest difficulty in procuring evi-
dence, although there were several witnesses whose
testimony was believed to be important, living in
the court. The woman spoken of, who lived in
the house with prisoner and deceased, would not
come. The greatest secrecy was observed amongst
the residents of the place, and the invariable reply
to inquiry was—" They did not know anything,
and did not want to know." There was one
woman in particular who could prove having seen
prisoner repeatedly beat his wife and drag her
about by the hair of the head, but she would not
attend.
Mr. Arnold put a question to the last witness,
to which she replied that deceased, when she came
for the bacon, vs as apparently in good health and
spirits, and perfectly sober.
Catherine Casey was recalled, and said deceased
was in good spirits when she last saw her alive.
Dr. Payne, who gave evidence on Monday, was
recalled, and said—l have, since I was here, made a
post-mortem examination of the body of the de-
ceased. I find the wound I before spoke of three-
quarters of an inch externally, by an inch and a
quarter in depth. I found the subclavian artery
had been split open, and that, being within five or
six inches of the heart, must have caused death im-
mediately—in two or three minutes.
Mr. Arnold—Then you can, of course, have no
doubt that the wound caused her death ?
Dr. Payne—Not the least.
Mr. Arnold—In what direction was the wound ?
Dr. Payne—lt was a punctured wound. There
was no obliquity in it; it was quite vertical.
Mr. Arnold—lt might then have been inflicted
either b y the prisoner or the deceased herself ?
Mr. Payne--By either.
Mr. Arnold—Bacon has been spoken of, upon
the table, and purchased. Was it a rasher on the
table, or a large piece ?
Sergeant Mason—One rasher, with potatoes.
Prisoner expressed a wish to be heard, and said
—I work at the Duke of Buccleuch's building, and
I worked there till 12 yesterday. I could not get
across the park in five minutes, and even if I left
at 12 exactly, I might be on the top, of the building
at that time, and have to come down. It was about
a quarter-past 12 when I came home, or between
that and 20 minutes. My wife had dinner on the
table—bacon and potatoes. She had had a drop,
taken on flit* Sunday, but I never said anything to
her then, and as she was sober, and I was sober,
when I got home to dinner yesterday I thought that
that would be the best time to speak to her. I said,
" It's better for you to be looking to your chil-
dren than spending your money in liquor like this."
I laid my knife, that 1 was eating my dinner with,
down for a moment, when she said, It's done
now; we won't have any jaw," and stabbed herself.
I got up and tried to stop the blood, when she fell
on the floor end was dead immediately. I ran out
and called for some one to bring the doctor. I have
got no more to say. Who brought the doctor I
don't know.

Mr. Arnold de3ired Dr. Payne to stand forward,
and on his doing so, said—Has the particular place
been pointed out to you where the police found the
clasp knife produced ?
Dr. Payne—lt has not.
Mr. Arnold—l should much like your opinion
whether a person inflicting such a wound upon
herself as you have described the deceased
died from, would have power afterwards to throw
the knife where it was found. I should feel obliged
by your accompanying the police to the room, in

- -
order that you may have an opportunity of judging.
Dr. Payne--I will accompany the police, Sir, as
you desire.
Mr. Arnold—Was the knife found upright in the
floor ?

Police—Quite upright.
Mr. Arnold—The prisoner is remanded until Sa-
turday.
In less than an hour after the prisoner's removal
from the dock, a respectable person holding a Go.
vernment appointment, came to the court, accom-
panied by a quiet, inoffensive-looking man, and said
that the latter had a disclosure to make with re-
spect to the death of the unfortunate woman, and
wished to unburden his conscience by a detail of
what he knew.

The prisoner was again placed in the dock, and
the fresh witness,
Joseph Saunders, a labourer, was then examined.
He said—l was looking for a room for my family
yesterday, and went into Leg-court. It was between
twelve and one o'clock. I wanted to be directed to
Bennett's-yard, and I put my head into the door of
a house in Leg-court, to make the inquiry, but I had
no time.

Mr. Arnold—Did you look in at the street door,
or into the room ?

Witness—Both doors were open, and I looked in
side the room.

Mr. Arnold—You say you had not time to make
the inquiry ?
Witness—No, I had not, because of what occurred.

Mr. Arnold—Did you see any one in the room

Witness—Yes, a man and woman.
Mr. Arnold—What occurred to prevent your
making the inquiry P
Witness—l saw the man put a knife into the
woman's neck at the very moment I was going to
ask my way.
Mr. Arnold—What did you then do ?
Witness—lt so frightened me I went away.
Mr. Arnold—Did you see the face of the man so
as to be able to recognise him ?
Witness—:-No, I did not, till he was brought out
of the court.

Mr. Arnold—You say you saw the man strike the
knife into the woman's neck ?

Witness—l did, distinctly. I saw it enter her
neck. I ran away.
Mr. Arnold—And you then went to the end of
the court ?
Witness—l did.
Mr. Arnold—Did you observe anything else be-
sides the blow with the knife before you left ?
Witness—At the instant he struck the knife into
her neck the blood spirted up, and I saw it on the
man's hand.

A murmur of horror ran through the auditory.
Mr. Arnold—What occurred when you were at
the end of the court ?
Witness—ln a few minutes the police came, and
then they brought the man out.
Mr. Arnold—Do you now recognise the man
here whom they brought out ?
Witness—He is standing there (pointing to the
prisoner).
Mr. Arnold—How was he dressed ?
Witness—He had on a light slop and corduroy
trousers.

Mr. Arnold—And that is the man ?
Witness—lt is.

Mr. Arnold—Did you see anything else in the
man ?

Witness—l did not stop to see anything else in
the man, it so frightened me.
Mr. Arnold—You did not tell the police what you
saw ?

Witness—No, I was so frightened. I saw the
prisoner brought out by the police, and then I went
away.

Air. Arnold—How do you come here now.
Witness—l told a friend of mine all I had seen,
and he insisted on me immediately coming here.
Mr. Arnold—Do you know the prisoner ?
Witness—No, I am quite a stranger to the spot.
Mr. Arnold—You were about to make theinquiry
when he struck her with the knife ?
Witness—At the very instant I clapped eyes on
him.

Mr. Arnold—Were they sitting or standing ?
Witness—Both standing.
Mr. Arnold—How long were you at the end of
the court before they came out with the prisoner ?
Witness—About a quarter of an hour.
Mr. Arnold—To whom did you first mention
what you had seen ?
Witness--To some Irish people in the court. I
said as I passed " There is murder in the house,"
and I heard five or six call "Murder." I told my
wife when I got home.
Mr. Arnold (to prisoner)—Do you wish to ask
this witness any questions ?
Prisoner (whose countenance had exhibited deep
emotion)—l've got no questions. I don't suppose
he was there at all. I think it's a false thing
altogether.
Prisoner was then remanded till Saturday.

THE TERRIBLE COLLIvION ON TBE
LOADON AND BRIGHTON RAIL WA L

BRIGHTON, TUESDAY NIGHT.
This investigation was resumed at two o'clock to-
day, by Mr. D. Black, coroner for the borough. In
consequence of the continued illness of the guard,
Coleman, the learned coroner and the jury pro-
ceeded to a cottage near the Hassock's.gate station
to take his testimony: The jury subsequently met
at the Town Hall.
Messrs. Cook, Fryer, Stuckey, and H. F. Reed,
represented their respective clients ; and Mr. Faith-
ful! watched the case for the railway company.
Mr. Frederick Slight, secretary; Mr. G. Hawkins,
traffic manager; Mr, Craven, locomotive superin-
tendent; Mr. Parry, inspector of permanent ways ;
and other officials of the Brighton Company were
also present.
The evidence by Coleman was taken in a cottage
at Hassock's-gate. He appeared very ill, and gave
his answers in a feeble tone of voice, but in a very
calm and collected manner.
The coroner and jury, accompanied by Captain
Tyler and some of the legal gentlemen, left Brighton
by a special train in order to take the guard's evi•
dence.

Joseph Coleman, having been sworn, was ex-
amined by the coroner as follows :
Coroner—You acted as the head guard of the
Brighton excursion train on Sunday morning, the
25th of August ?
Witness—Yes.
Do you remember at what time you left the
Brighton Station ?—At 8.30.
Did you see the distance signal at Clayton tun-
nel? I saw it " all right" for the tunnel.
When you first caught sight of it P—Yes.
How far were you from it when you first saw
the distance-signal P—Just as we came round the
curve.

How far from Killick were you when you first
saw him P—l was close to his box.
Did he come out of his box P—l can't say. He
came out all in a hurry with his flag in his hand.
Did he wave it violently ?—Yes, Sir.
How far had you got when your driver shut off
the steam ?--We were near the tunnel. We shut
off steam when we got close to the box.
What did you do ?—Apply my break, sir..
Did you let sand out ?—I had no sand to make
use of. I applied my break to stop as soon as I
could.

How far do you suppose you had got into the
tunnel before you came to a stop ?—To the best of
my recollection 300 or 400 yards in.
Did any words pass between you and Scott, your
driver, about what you should do when you were
in the tunnel ?—I shouted out for him to go ahead,
but Ido not suppose he heard me. I cannot say
whether he heard me or not.
Tell me, did you become aware, after you had
stopped, that you were going back ?—Yes.
How far do you think you had got back alto-
gether from where you stopped P—l cannot say
exactly, but he made two or three shunts back, but
could not get back from my having the break on.
Otherwise I should have gone back with my light.
Will you state to the best of your idea how far
you went back ? I cannot do that, the train was
in motion when the collision took place.
In motion back ?—Yes, sir.
At about what speed did you go back ? Was it
one or two miles an hour, or three or four ?-oh,
no, we were going very slowly, because I had got
the break on tight.
That would be verrslow—two or three miles an
hour ?—I cannot say it was as much as that, be-
cause I had got my break on. That is how I got
the shock.
Captain Tyler—Which clock would you go by
when you say you started at 8.30 ?
Witness—The company's watch.

Was that right by the Brighton station clock ?
Yes.

The Coroner—Which one—the one at the stores?
c Witness—Theompaone
yourat thewasttcoh wresi.
th the clock that
morning ?—Yes, sir.
Did
you
Captain Tyler—You do not happen to know the
time at which the collision took place ?
Witness—No, sir, I do not. I could not tell you
that.
Can you tell how long it took you to
Clayton tunnal from Brighton ?-- to come I
do not know
that I could now.
You did not look to see whether Killick was
putting the distance-signal on, or what he ws
doing ?—I saw him doing nothing but waving his
flsg, and in a bustle as I said before.
When the striver came to a stand, did you take '
your break off at all in the first instance P—No.
Kept it on P—Kept it on. It ran off two or three turns, and then I held it on its place. 1 had got

my hand on the break at the time of the collision
with my head out of the window. That was when
I saw the train was going back.
He went back without consulting you ?-11c
could not consult with me without he got down and
came to me.

You would have gone back faster if you had not
got the break on P—Oh, yes, a great deal.
Did you hear the engine slipping as she was
coming back P—Yes, that was because of my having
the break on. She would not have slipped if I had
not had the break on.
At what speed do you think you were going
when the driver shut the steam off P—l do not know
that I can tell that. I suppose it might be about
twenty-five miles an hour, and I cannot tell you
any more.

A Juryman—I suppose it took you more time to
come to a standstill in the tunnel, and to back, than
it would have done to have gone through the
tunnel P
Witness—Oh, yes. I should say it did altogether.
Juror—Did you ever pass the distance-signal at
safety, and get pulled up by a flag
Witness—No, sir ; never. at the tunnel ?
Captain Tyler—What induced you to put on your
break ?
Witness—l considered John Scott was breaking
the rules, and that was why I stuck to my post.
Coroner—Did you look to the south end of the
tunnel while you were in the tunnel ?
Witness—Yes.
Could you see the end of the tunnel ?—I could
see the train coming upon us.
Mr. Fryer—l would wish, sir, that the witness
should be asked whether any one has taken an ac-
count of the accident from his lips before to-day.
Mr. H. Hawkins—ln writing you mean ?
Mr. Fryer—Of course I mean in writing.
The Coroner—lf Killick had been at the tunnel-
mouth—l do not mean in his box, but if he had
come down to wave his flag, should you have seem
him, do you think ?

Witness—l do not think I should have seen him.
Has any one before to-day taken down a state-
ment from you in writing P—No, sir.
A Juror—Were there any platelayers or any
other men at work in the tunnel on the morning
of the accident ?

%Vitness—l did not see any at the time of the
accident.

Another Juror---I should like to asik the witness
what he would have done if he had come to a stand-
still in the tunnel

The Coroner—He has already answered that
question by stating that he shouted to the driver to
go ahead.
Upon assembling at the Town Hall,
Captain Win. Russel Glaiser (Ist Sussex Voinn_
teers), of No. 4, Goldsmith-row, Brighton, said.. 4
went on to the platform of the Brighton station on
the morning of the accident for the purpose of see..
ing my children off by the excursion train to vie_
toria station. When the Brighton excursion train
left the Portsmouth train had not passed the plat_
form where the tickets are taken. There were no
lights to the Portsmouth train. I noticed that par.
titularly. I did not notice what time the Brighton
out his watch
excursion train started, but I had some conversation
with one of the guards before it left. Looking at
my watch, I said, " How very late you are. Why
you "Not so ranch
I2tOhmi
nizu"these
ebaeihdi,nbdett(ipmuel.l'i'n
(pulling
remarked, "It is past a quarter. We are wait' )
for the Portsmouth train to start." Immediatelying
a s that,are
afterwards the Portsmouth train left, and the guard
got into his box, which was next the
engine, and ire a very short time the Brighton excursion train al
departed from the station. I had left the station
before the Brighton ordinary train started,
noticed that the Brighton excursion train a"
1
had two
red lights at the end of the train.
By Captain Tyler—l have been frequently at the
Brighton station, and never saw trains start
so
ands
mostextraordinary
By the Jury—My children werenotmuch injured.
They were shaken and stunned; and when they
not
returned last Wednesday they would
come
through the tunnel.
Mr. Pook wished to call attention to a rule in the
company's book, which stated that there
should be
two tail lamps to every train by night and
by day,
in consequence of the tutinels.
By the Coroner—When I conversed with the
guard respecting his being late, he pulled out his
watch, and I distinctly saw it that was past half-
past eight.
Mr Faithful' put various quest. to .
was ions. witness with
a view of showing that hemistaken in the
trains he saw at the station but
strictly adhered to his original;statement.
teaptain Glaiser
John Wood, residing at Hassock's-ament.
alle, said he
was a foreman of platelayers, and hag
charge of the
road from the south end of Clayton tunnel to the
Brighton platform. He had carried
of rd
messes for
Killick as to the signals being out
Hoer,ag but he
thought not more than twice. ecould not tell
when he carried the last message,
was not this year. He might have but
it' certainly
carried a mes-
sage last year.
John Piper, the station master at H k'
assoc s-gate,
deposed that the Portsmouth train d passehis station
at 8.36. He noticed the time particularly
by the
station clock. He did not make any entry in his
book until Sunday night, and hedid it
owing
to the accident.
The inquiry was again adjourned.