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

THE) SUN, LONDON, FRIDAY gfENING, SEPTEMBER 27, 1861.

THI RD EDITTO N.

SUN OFFICE, Seven o'clock.

CRIMINAL COURT.—(This Day)

OLD COURT.
(Before Mr. Justice Byles.)
THE ALLEGED MURDER IN WESTMINSTER.

The prisoner said—" I am an innocent man.".

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-
eourt. Known deceased about ten months. Last saw her
alive about 10 minutes after 12 on the Monday. I met her
n Peter-street. Catherine Welsh was with me. (Deceased
was going towards home. •We made some fun of a
young man, and she want 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
dsors from tho 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 dross. 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,
,f 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
ltg Iwoman came to her death. The statement he made was
quite voluntary.

1012 1 1

98; ;
11; I

93 71

THIRD COURT.
(Before tho Common Sergeant.)

FOREIGN-OFFICE, SEPT. 18.

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 liftedlher 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
issaitdrO " He has got some blood on
users," to which he replied
been there ye would have had the
the
11,11
If
fstation,ieithern si
d e ooff thetthe
es
leerhggaeod
sergeant said,
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, of Denbigh-street, Pimlico, said—l was called
on the 2d inst., about half-past 12, to 2, Leg-court, to see a
person who it was stated had stabbed herself. I found the
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
blood 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. 1 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, saying " 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 Bylos- 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 tho 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

By Mr. Sleigh—l was quite a stranger in Westminster
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 nut know hardly what I did. I know
I still continued looking for lodgings. I had been out pf
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 tins
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 61st Foot, to be Major, vice Brevet Lietaa cant-Colonel
William Freeland Brett, who exchanges.
60th Foot—John Henry Gumbleton, Gent., tt I be Ensign,
by purchase, vice Thomas Henry Duncont, be, appointed
to the 6th Dragooon Guards.
61st Foot—Major and Brevet Lieutenant-Cot onel William
Freeland Brett, from 54th Foot, to be Major, vice William
Edward Durand Deacon, who exchanges.
82d Foot—Staff Assistant-Surgeon John Nive a to be As-
sistant-Surgeon, vice Spence, appointed to tl le Staff; the
appointment of Assistant-Surgeon John Si no eion Allenby,
M.D., which appeared in the Gazette of Dec. 21, 1860,
has been cancelled.
88th Foot—Lieutenant Frederick Napleton I to be In-
structor of Musketry, vice Ensign Dwyer, placed upon
half •pay.
95th Foot—Ensign William George Remfry Herd to be
Lieutenant, by purchase, vice William R. Willans, who
retires ; Henry Bevan, Gent., to be Ensign by purchase,
vice Herd ; Staff Assistant-Surgeon Jo, hn Smeeton
Allenby, M.D., to be Assistant-surgeon, vice Sharpe,
appointed to the Staff. The appointment of Staff-As-
sistant-Surgeon John Niven, which appeared in the
Gazette of the 21st December, 1860, has be( 3E. cancelled.
2d West India Regiment—Lieutenant John Harger to be
Captain, without purchase, vice Arthur Try 3fusis Jones,
deceased ; Ensign Charles D'Obree Bowers to be Lieu-
tenant, without purchase, vice Harger ; :ensign Am-
brose Madden to be Lieutenant, without pi trchase, vice
James Kingley Maunsell, deceased ; Archibald Hamil-
ton Duthie, Gent., to be Ensign, without purchase, vice
Bowers.
3d West India Regiment—Ensign Itobert Kylt3 Little to be
Lieutenant, by purchase, vice Mahon, who has retired.
DEPOT BATTALlON.—lieutenant-Colonel Frederick
Green Wilkinson, from 42d Foot, to be Lieutenant-Colonel,
vice Charles Carew de Morel, who exchanges.

The learned Judge then closely questioned the witness as
to his antecedents.

Justice Byles—Are you 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—Yu.

Justice Byles—The one that says, Thou shalt not boar
false witness against thy neighbour ?
Witness—Yes. •

Justice Byles—Do you know that man's life is in your
hands ?

Witness—Yes.
Justice Byles—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.
Mr. Sleigh having addressed the jury in :defence of the
prisoner, _ _

The learned Judge, in summing up, said he thought the
fact of the prisoner going out of doors, coolly surveying the
blood on his shirt sleeves while his wife was in the agonies
of death, told very much against him. The fact of the
blood being on the right hand sleeve of the shirt was also a
circumstance against him. His lordship complimented the
surgeon upon his strict impartiality, and adverting to the
opinion he had expressed that• the wound might have been
suicidal, said it was certainly a point upon which the de-
fence might properly rely. The jury would take the knife
with them when they retired, and would then be able to
come to a conclusion whether or not it was a self-inflicted
wound. His lordship saw nothing to invalidate the evi-
dence of Saunders, although his conduct wag; extremely
singular in giving no information on the spot.
The jury retired at a quarter to five and returned exactly
at five, and gave as their verdict that the prisoner was
guilty of killing his wife without premeditation.
The learned Judge said they must answer the question,
was he or was he not guilty ?

The Foreman asked the learned Judge whether they
might return a verdict of manslaughter if they thought the
prisoner had no intention of murdering his wife ?
The learned Judge said he saw no evidence to warrant
such a verdict. The jury 'must say guilty or not guilty.
They had a duty to perform to the Crown anl to the court•_
try. The case was entirely in their hands. Juries were the
law—the law itself was only an abstraction.
The jury again retired. After the lapse of 10 minutes,
the learned Judge sent for them, and after he had pointed
out to them the difference between murder and 314411'

slaughter, they found him guilty of murder; recommending
him to mercy on the ground that ho went home without
malice, and that something must have occurred to provoke
him.

Mr. Sleigh hoped it would be recorded that the jury had
returned a verdict of guilty, without malice.

The learned Judge said he could not attend to the appl
cation.

The learned Judge then sentenced him to death, stating
that the recommendation of the jury would be forwarded
to the proper quarter.

THE LATE ACCIDENT ON THE HAAPSTEAD JUNCTION

RAILWAY.
The trial of Henry Rayner, the signalman, against whom
a verdict of manslaughter was found by the jury at the
coroner's inquiry, has been postponed until next sessions.
Rayner surrendered and pleaded not guilty. He was
admitted to bail.

NEW COURT.
(Before Mr. Justice Keating.)
ALLEGED FRAUDULENT TIANKILUPTCY.
John Dales, 40, contractor, was indioted for that ho,
having been duly adjudged a bankrupt, wi thin three months
of the said adjudication unlawfully obtain ed a large quan-
tity of goods to the value of £1,285, with intent to defraud
Samnel Woodhouse.

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

Thomas Quinlan, 18, was indicted for bt trglariously en-
tering the dwelling-house of Henry Han-. is, and stealing
therein a silver milk-pot and other articles.
The Common Sergeant thought there tr as no evidence
against the prisoner, and the jury immediately acquitted
him,

LONDON GAZETTE-(7H18 B VINING).

The Queen has been graciously pleased to appoint Ed.
ward Herris, Esq., now Secretary to her /14, Tajesty's Lega-
tion at Brussels, to be Secretary to her IVlajt s y's Legation
at Lisbon.
The Queen has also been graciously plea sed to appoint
Henry Page Turner Barron, Esq., now Sa 3retary to her
Majesty's Legation at Lisbon, to be Secrets ry to her Ma-
jesty's Legation at Brussels.
BOARD OF TRADE, WHITEHALL SEPT. 24.
The Right Hon. the Lords of the Comm tittee of Privy
Council of Trade and Plantations have recta Wed, from the
Secretary of State for Foreign Affairs, a copl rof a despatch
from her Majesty's Consul at Naples, enclosa ng the follow-
ing translation of a decree, published in the official journal
of Naples, declaring the commerce of grain, between Italy
and foreign countries, free in the whole kingt.i om as regards
exportation and importation.
VICTOR EMMANUEL H.,
_KING OP ITALY,

Having considered the decree Of 12th Marc h, 1861, of the
late Neapolitan Government, by which the exportation of
grain was prohibited ;
Having considered the prodictatorial tl ecree of 18th
October last, by which the exportation of grain from the
Neapolitan provinces was prohibited ;
We decree as follows :
Art. 1. The prohibition of the exportat'iot t of grain from
the Neapolitan provinces to the other provimc es of the king-
dom, and that of grain, indian corn, oats, bE trley, potatoes,
kidney beans, chickpeas, beans, and lentil s, from the same
Neapolitan provinces to foreign countries., will cease from
the day of the publication of the present d ec: •ee.
The commerce of grain with foreign cou uti les is declared
free in the whole kingdom as regards the e: tportation and
importation according to the terms of the tar iff of 9th July,
1859, published in Naples with the decree of, 24th Septem-
ber, 1860.

Art. 2. The present decree shall be sub►nfl ted to the ap-
proval of the Legislative Chambers to be cas ried into law.
We Command that the present decree, furrt fished with the
Seal of State, shall be put amongst the officia 1 collection of
the laws and decrees of the Kingdom of hal y, and sent to
whoever it behoves to observe it, and cause tl le same to be
observed.

Given at Turin this 18th August, 1861.
(Signed) VICTOR EAT/ tIANUEL,
PIETRO BAb! TOGI.
WAR-OFFICE, PALL-MALL, Sr.) 'T. 20.
Royal Regiment of Horse Guards—Lieute cant Walter
Palk Carew to be Captain, by purchase , vice Brevet
Major Robert Sheffield, who retires; Corn et and Adju-
tant Robert M'Alpine to have the rank of Lieutenant;
Cornet Frederick Gustavus Burnaby to b e Lieutenant,
by purchase, vice Carew.
4th Dragoon Guards—Lieutenant Thomas B radney Shaw-
Hellier, from the 2d Stafford Militia, to. ' be Cornet, by
purchase, vice Inge, promoted,
14th Hussars—Lieut. Lawrence St. Patrick Gowan to be
Captain, by purchase, vice William D'Urb an Blyth, who
retires ; Cornet William Sandys Browne to be Lieute-
nant, by purchase, vice Gowan.
16th Lancers—lon Turner, Gent., to be Cc 'met, by pur-
chase, vice James Herbert Lovell, who rett ires.
17th Lancers—Harris St. John Dick, Gent., , to be Cornet,
by purchase, vice Young, promoted.
Grenadier Guards—Alexander Caulfeild, G( :nt., to be En-
sign and Lieutenant, by purchase, vice Cl aolmeley, pro-
moted ; Robert George Gaussen, Gent.,, tc bbe Ensign and
Lieutenant, by purchase, vice Norton, pr ••omoted.
3d Regiment of Foot—Major William Hem 'y Cairnes, from
the 48th Foot, to be Major, vice Walter Pownall, who
exchanges.
Bth Foot—Lieut.-Col. and Brevet Col. Char' les Sillery, from
half-pay, Depot Battalion, to be Lieut(3na nt-Colonel, vice
Brevet Col. Thomas Maitland Wilson,, et ho retires upon
half-pay; Major and Brevet Lieuter tar 4-Colonel John
Hinde, C. 8., to be Lieutenant Colonel., t .y purchase, vice
Brevet-Colonel Sillery, who retires; ( tain and Brevet
Major William Bayly to be Major, by purchase, vice
Hinde; Lieutenant Walter John Tart o to be Captain, by
purchase, vice Bayly; Ensign Edwr trd Williams to be
Lieutenant, by purchase, vice Tarte ; William Howe
Hennis, Gent., to be Ensign, by pure' ots,e, vice Williams.
11th Foot—Ensign Thomas Auchinleck to be Lieutenant,
by purchase, vice Henry Ralph Lf mist, who retires
Charles Hinton Moore, Gent., to be 3E) align, by purchase:
vice Auchinleck.
42d Foot—Lieutenant-Colonel Charles Carew de Morel,
from a Depot Battalion, to be Lieuter to nt-Colonel, vice
Frederick Green Wilkinson, who excht trtges.
44th Foot—Ensign Charles Hussey Wal isi to be Lieute-
nant, by purchase, vice Henry Wem yk s Feilden, who
retires; Richard Rose O'Grady, Gent., tt ) be Ensign, by
purchase, vice Walsh.
46th Foot—Ensign Henry Boscawen Scott , to be Lieute-
nant, by purchase, vice Percy Malcolm .3 ones, who re-
tires; John Talbot Kellett, Gent., to be El isign, by pur-
chase, vice Scott.
47th Foot—Captain Harry Denham Tauzite. Savaxy, from
49th Foot, to be Lieutenant, vice Graham,. Taylor, who
exchanges.
48th Foot—Major Walter Pownall, from t he 3d Foot,
to be Major, vice William Henry Cairn, es, who ex-
chan g3B.
49th Foot—Captain Graham Taylor, from the 47th Foot,
to be Captain, vice Harry Denham Tauzia Savary, who
exchanges.
50th Foot—Lieutenant Edmund Leach to be A djutant, vice
Charles Richard King, who resigns that tap/ ointment.
54th Foot—Major William Edward Durand I )eacon, from