The New York herald., 1869-12-10
HE G. GALLOW WS.
Execution Of Nicholas Malady, at Code
rich, Cansda, for the Murder of
His Father and Etepmother
~o-~-oo-no-o-~-~-~~-0-o-0-o-c-o-1
[From the Toronto lCanadal GIohe. nec. s.l

Underwent the extreme penalty Of the law outside
the walls OF the Goierch jan, Tor having taken part
In or the most shocking tragedies TO be found In
the annals OF crime. lie murdered his Iather ana
stepmother, and though he WAS Well educated and
endowed with intellectual capacity far above inc
average he illustrated in ns brief career an Intensity
OF hate and a mallgnty and reyen gefulness OF ans
position winch are happily rarely be met With The
story OF Tue SAD aiar Is as foiiows:
Nicholas Malady. the father OF the murderer, was
an old man, slXtY-hve years OF age well TO do lii the
world ana occupied a farm III the township OF
Tuckersmith. lie nad four daughters and TWO sons
WIN whom he iiveo on anything but friendly terms;
especially with his son Nicholas he carried on a
continuous quarrel. Nicholas was an industrious
hoy, wrought hard and when he arrived ut man-
Iood ne lookeo ior some reward for his labors. HIS
1aner seemed 10 agree win him III this and
aud over again promised to give him one OF ms
1arns. These promises. somehow, were never I'M
pemented and on each OCCASION when the bargain
iell through Nicholas lett home ana went TO reside
with an aunt IN Michigan. Alter several comines
aud goings the farm was actually made over to
hin, and decming he had right 10 do with
his own as no pleased he let the farm out TO
a tenant. This gave great Olence to the old
man. lie entered lawsuit against his son,
VITA the intent OF regainng possession OF tue farm
The tried, and when he found he was
defeated the Old man i'll open court broke out into
fierce tirade against Nicholas called MIN bas-
taid-and pronounced his wiie--Nlcnolas' mother,
who had been dead soEe SIX years befcre-an
nniaithful woman. Things went on In this way for
some llme, ana one day, about tniee weeks before
the murder, ine two met on tne dlsput iarm
fought, and Nicholas was bound over 10 keep the
peace toSafd MS father.
Some time before thus the enmity between the old
man and his family was iniensined by his marrying
widow bs the name OF keely. ON various occa-
Bions Nicholas was heard 70 make strong statements
with respect 10 his ather and stepmother threaten
Ing thal ne would do something that would prevent
q new family supplantIng the 0id. And Wei did lie
carry out his thgeats,
1t was on the afternoon of Sabbath. June I, 1868,
that Thomas Mctsheo son-in-iaw or old Malaiy
along with his wife, went to pay his father-ln law
his weekly vSlG. lie knocked at the door OF The
Kitchen but Iecelvlng no reply he entered and at
once saw something was wrong. ALI over the floor
were MARKS oi bloody footsteps ana tnrnnR TO his
wife he said ''They have been quarrelhng.n Follow
VtUf I'M frnf faa n hinnI hay
towards the paror, W. Icn was at tae extreme end
Of ne house. ON The lett side OF the hail ieacing TO
the parlor was bedroom, and on looking INTO It
hlcGheo ana his wUe saw an awful sight AT the
door lay the old man stark and dead, with large
hoie III MS head his face all biackened with qua
powder, ana surrounded by pool OF oiood.
Inside the room, wtn her feet close TO nls lay his
wife. she presented fearful spectacle Her head
was battered al. to pieces nueB that when she
was moved the bones fastlea On the ieit side OF
the head was fearful gash made by an axe and
Into the cash was stuck tue leg Of Guar Her
throat cut; her breasts were iacerated sue had
put up her hand to protect her heao from the MUIR
derefs pistol anu the hand was fiialec with buck
shot, and worse than ALL though 1t was not brought
put III evidence, she being seven months gone with
Eh.ld, ripped open aud tue unborn babe treated
in a horriole way-snowng the awiul mai CO which
hctuated the perpetrators OF the diaDoncai deed.
McGheo gave the alarm the nelghbors coagregated
nEd next day coroner's Inquest was neiu on the
bodies
were all the moor and these were wnut led TO
the apprehension OF the murderer. While The IN
quest was IN progress Nlchoias was present, and on
he diu 80 anu ~ was found 10 correspond III every
particular. But there were the marks OF the feet oil
two dInerent parIles on the moor, and comparison
being made another individual was brought mo the
2fiair-nameiy, Thomas Donovan.
1ney were Dotn arrested on the charge OF mnr-
der-alterwards son in-iaw of tne old man, named
hehoe, was added TO the number-and py and by
three daughters OF the deceased MS otnef son anu
sonin-ia were all arrestea on the same charge,
30 that at length Ia Goderich JAN no lever tnan
eight persons were itnpr soned charged with .rhe
murder OF Malady ana MS wife. After a series
OF Investigations they were all set at liberty
except Nicho.a. malady, Thomas Donovan
Nicholas and Donovan were indicted for nrlrder
When tue case was brought up the prosecutor for
the Crown not ready 10 go on with IL, ana II
was postponed TIL the spring Ass.ze OF 1869. When
the Spring As,ize came lound tney were again placed
at the bar but tner council challenged one juror
after another til the panel was exhausted. and the
case was again postponed TIL the Fall Asszc
Meannme the most strenuous exerton5 were
beng made oy the detectives TO obtain evidence suf-
ncienG to convict IL was evident IRON the begin
ming that 1t was most complicated case ana that
uniess some extraordinary means were taken the
prisoners woud be acquitted. Ia order TO ge at the
facts female detective was introduced INTO the JAIL
She came into contact with Nicholas; he fell IN love
with her; wrote letters eliminating himself; pro-
msed to marry her II sne would raise money 70 pay
up parties to swear an at,bt on his Behalf and thGs
the poor 1901 committed hnseif.
When the Fall Assizes came round tue case came
on Tor tria MIR. Christopher Robinson, z. c., prose
cuted, and Mr.. Il. A. harrison Z; o., appeared lor
the defence. 1T was considered 10y the prosecuting
counsel that sufficient evidence was on hand to hang
both prisoners but wnen they were paced In the
dock Donovan signHed MS Willingness TO turn
Queens evidence against Nicholas Maiady. The
counsel for Crown AZ first had some scrupies ms
TO wheJh. II he should make use OF hlm in THIS capa
city, bat at last he was placed IN the witness box,
and told story whlCh pore ahlnlstskaoie uiarkS vi
IdlsehOod on tue face OF II.
Accord ng 10 his statement he and Kehoe were
walkins on the nignt OF the murder towards
the mouse OF the latter-whch was quite contiguous
TO old Maiaays when they met Alch las Nlcaolas
asked e now aev o Wers rea @ aV on wv Win
repairs tnat being made ON the house
Ihey towards the house, kehoe went home
aAf ip "a 10.
eordng TO his own statement sat down on some
iumoer which was lying ut a considerable distance
from the house Whlie sitting there lie leard two
guushofs, and on approaching and looking IN he
saw Nlcho.as rapping through the mouse, smashing
a gun winch belonged to the old man all to pieces
and acting like a nladman. lie LOOK or his boots,
got NicaoAs away ana tae two Went 10 the house oil
Donovan's orot6er.
iI was evident that Donovan's story was either
fabrication that some very material details were
LETT out; for the iootmarks on me moor clearly
showed that at least two parties were Engaged IN
the murder. Again, the douDle-Darreied pistol
hch nad Deen usel was found behind cupboard
In Kenoeis house. The old mans Bible iii winch ne
was accustomed TO keep ms money was taken IRON
the trunk aud the bloody marks OF the fngers OF
rwo parties wert clearly traceaoe on IL. In iact
there are great many other pJints which go to IN
culpate either kenoe or Donovan, or D0tl; but as
these have vet to be tired as accessories to the nnr
der Ii is as well to leave iAeIi alone tll they are
brought out In the ffIal
During the wnole OF the trial Nicholas retained
the same coouess and eifpOssesslon whlcA nave
characterized nm all through. lie LOOK NOES of the
svidence AS the case proceeded, slnied and shook
his head when Donovan luvo we'd himself III contra
dctIous ana when the jury retired he took posses
sion OF a paper, iead II with as much cooneSS
as If nothing important to MIN was gong on, and
wnen the Jury returned he iaid down the paper anu
was apparent by TAR t0e most uninterested indi-
vdual The court. a verdict OF guilt was re-
turned. Chief Justice Has skerty PRONOUNCED sea-
tence OF death upon hun. lie rose In the dock,
Thanked his counsel Tor the exertons ne had put
forth on his Denaf thanked the crown prosecutor
Tor the fairness he had manifested IN conducting the
case thanked tne Judge ana iurs, Went through The
whole afair with the greatest nonchalance. retired
cell and there he SAT down ana Crlel
like n chIld
An endeavor was made by some OF the people OF
Che District 10 obtain repreyc Tor hin and an ap-
pcauon was maze TO the government IN this drec-
fion: but aoout Two weeks ago reply was received
distinctly stating that the application was to.ay
tnadmissbe. When Nicnoias-who had all along
hoped that his sentence woa.u be mitigaea-heara