The Sun. — 1861-10-03 (London, England)

WESTMINSTER.--TILE LATE MURDER IN WESTMINSTER.—SeveraI declarations, on the subject of the late murder in Westminster, were tendered to Mr. Arnold, for his signature, by Mr. Bury Hutchinson, solicitor. Mr. Arnold inquired their object, and how lie could take them.  Mr. Hutchinson replied that the object of making the declarations was, that they might accompany a petition now in preparation to the Secretary of State, to procure a remission of the capital sentence against the convict William Maloney, in corroboration of its contents. From the information of which he was in possession, he could show, by declarations, that the principal witness, Saunders, was guilty of perjury. Mr. Arnold observed that, if the Secretary of State thought there were any grounds for such an imputation, he would respite the culprit upon memorial, without declarations. Mr. Hutchinson said that either eight or ten persons whom he could call were perjured if Saunders were not ; they were not called npon the trial, as they would have raised so many collateral issues. Mr. Arnold could not see that he could take such declarations as those now placed before him. Mr. Hutchinson suggested that he was placed in some difficulty in the matter ; he could not make affidavits in the ordinary way and thus confirm the contents of the petition to the Secretary of State, because there was no cause pending ; and he had therefore resorted to the present coarse, deeming it was the only one left to him, and having been informed that the proceeding was admissible. Mr. Arnold could not see what validity or force they could have, or that he had any right to take them, but for some statutory purpose. Mr. I Intehinson urged that it was not uncommon to take declarations respecting certificates of birth, or with reference to titles to estates. Mr. Arnold pointed out that if he had no power by law to take such declaration, there could be no assignment of perjury sustained against the person making it. Mr. Hutchinson expressdd himself most anxious to confirm the petition ho was about to send to the Home Office. Mr. Arnold thought that if the statements referred to were sent in, they would have as much weight as though declared before a magistrate. Mr. Hutchinson intimated that that would be asking the Secretary to place the same reliance upon mere statement, as evidence which had been given upon oath. Mr. Arnold repeated that he did not consider himself justified in receiving the declarations before him, nor should he be disposed to accept such as had been mentioned respecting matters of birth and title. Mr. Hutchinson still pressed the matter, as the petition to the Home Secretary would be strengthened by the assertion that the testimony of Salm-. ders had been contradicted by the declaration of parties, which in its ordinary application was equivalent by statute to an oath. Mr. Arnold called Mr. Hutchinson's attention to the fact that where he could not have heretofore taken an affidavit he could not now take a declaration. Mr. Hutchinson solicited permission to append to the petition that the accompanying statements had been submitted to the magistrate as declarations, but in his judicial capacity he had declined to take them. Mr. Arnold had no objection to such a course, and added that, if the authorities at the Homeoffice thought he ought to receive them as declarations he would do so. Mr. Hutchinson thanked the magistrate and retired.