TRIED FOR MURDER.

Auckland Star, Volume XXXVIII, Issue 137, 10 June 1907, Page 2

TRIED FOR MURDER.

AFTER MONTHS IN AN- ASYLUM. PRISONER SENTENCED TO DEATH. Richard Riley, a young man, was charged, at the Criminal Court, Sydney, before Mr Acting-Justice Rogers aud a jury, with the murder of Rose Arnold at Sydney on March 23, 1900. He pleaded not guilty, and was defended by Mr Mason (instructed by Mr Percy C. Law). Mr H. Pollock prosecuted for the Crown. The murdered woman was a barmaid at the President Lincoln Hotel, Forbes and Cathedjral-streets, Woollobrnooloo. Early on the evening ot March 28 last year she and Riley were at a house in Mkkaon-strect, Surry-hills, where she had formerly lived, and where Riley was then living. They went up to his room, and a few minutes later angry words were heard. 'Phis was followed by cries of '"Murder!" and when an entrance was effected to the room the woman was found with her throat cut and her body gashed in several places. She also had two or three bullet wounds. Riley was beside her on the floor, severely wounded, having attempted to take his,, own life. He. was taken to St. Vincent's Hospital, where he remained for 20 days, and on June 12 he was tried on a charge of murder. Thfl point was raised that at Hint lime accused was not in a fit mental condition to plead, and the jury returned n verdict to that effect. Riley was then Liken to the Parramatta Asylum, and remained there until some time la -1 mvii lb, when the doctors decided that he was sane. It was not often, Mr Pollock said, that a case of this kind occurred in this country. The only thing that could possibly be submitted was whether on the date of tbe murder Riley was sane or not. Senior-constable Robertson stated that at the. hospital the accused indicated thai he wanted to write something, and paper and pencil being supplied to him he wrote the following,—"l die. I am satisfied. My love 1 kill.—Dick Riley, New- York. My right name E. Sexton. My sister in England. J love Rose. Arnold. My sistcrl" Mrs Sexton. H Wood street, Northampton, Kngb-nd.''

Dr. Lincoln Jones, who attended the accused at St_ Vincent's Hospital, said he answered all his questions in a sensible manner. He wrole the following in witness.*' presence: —".My sister ii a nun in England. 14 Wood-street, Northampton. 1 am a bad man, but 1 love my girl. Kose Arnold." "When asked it he wanted to write any more, be wrote:

—•'"By-and-by if 1 live, but I want to die. I am lull of life. 1 have had too much trouble." Witness asked him if he fired any bullets into himself, and be wrote. "I try a lot. but jam, and then 1 cm ray throat. 1 lived two at her. and then jam. 1 cut. i walk about I don't know 'now. but I am bad.''

Dr. Henry Sawkms said that when he examined the accused in June last be was insane. He was suffering from delusional mania, the delusion being that the woman was not dead, and that she visited him nightly. The accused showed him a scar at the back of the forehead, on the ri/ht side ol the head. It was a scar that xnlgbt have been caused by a shell or anything of sulhcieut violence to cut the skin. He was suffering from a partial paralysis of portion of the area served by the seventh nerve,

His Honor: Might it have been caused by a bullet? —Yes.

"Witness added that any injury to the head might be followed by attacks of epilepsy, and cause such injury to. thp brain thai a man addicted to alcohol, or suffering irom excitement, might become a maniac at a morofJit's notice. One glass of beer or one glass of whisky might do it.

His Honor: Supposing that if in a fit oi anger a man c urimit tod murder, might not the thinking of it. and the remorse of ii. reduce him s line Weeks or months after to the very condition you saw the accused in?— Yes, iv a mau of unstable mind.

Mr Mason stated that the accused's voice was too weak for him to make a statement, and he had wurtten out what ho wished lo have conveyed to the. jury. His Honor said he was unable to allow a written statement to be handed to the jury. He suggested that the accused should make a statement to the shorthand writer, and that could then be read to the jury. This course was adopted, the. accused making the following statement almost in a whisper: — "tor months previous and after the tragedy which is alleged to have taken place, 1 could neither rest, sleep, nor eat, as a sane man would do. 1 have no desire whatever to blacken Rose Arnold's character, but 1 must in duty bound say that mv insanity caused through the passionate love and mental troubles which she brought to inc. Besides this 1 have becu through the South African \v„r for over two years, and experienced all sorts of weather and ciimatcs, and had several wounds about the head, besides a sunstroke. And drink, no matter how small, when I took it in my trouble, rendered mc insensible. >.o doubt some oi you gentlemeu have experienced some mental troubles. 1 ask you what is that in comparison to a mental collapse. Therefore, gentlemen, I ask you to give mc a favourable verdict, having regard to the state of my mind at the time this happened. 1 do not feel as a guilty mau, nor yet do 1 bear a guilty conscience, as it" was God's doing and not mine. If God is pleased to deprive mc of my sense and reasoning, lie does not hold mc responsible, for what 1 am doing while in tha% state God can take, our reason from us at any moment he likes. He gave them to us, therefore, He can do what He pleases with us. Therefore, under the circumstances, I hope you will return mc a favourable verdict." After a retirement of about an hour, the jury found the accused guilty. When asked if he had anything to say why sentence of death should not be passed upon him, Kiley said: "I have no wish for either mercy or clemency. There are worse things than the cruellest pains of death. No one seems to care anything for a fellow-being. It don't matter how guilty 1 may appear iv the eyes oi the public. Cod will forgive mc. He told mt to do it. and. therefore, He will forgive 'mc. That I am certain of. Besides, I have been persecuted these last two years and my people have been made to suffer. They have been made to pay for my support while I have been incarcerated in an asylum. It is no justice that my people should be made to suffer for my wrongdoing while I was in that state. God will forgive mc for all I have done. He is our last and our just Judge. . I do not wish any mercy from the people of this State. In the Parrainatta Asylum I have been persecuted by criminal and imbecile convicts, which I can prove. Therefore, why should I want mercy in this world'/ A man is better to die —to be torn asunder in front of the public —than go back there. Convicts are kept there to persecute and torture their fellow-imbeciles. They do not know any better. No matter how gnflty, I ma; appear in the eyes of

the pnblic, ny innocence with God is su preme."

His Honor (addressing the prisoner) said he did not want to say arrythin<' to prolong his pain. The prisoner (stamping his foot): No, I don't want yon to prolong it. If you have anything to say, say it. His Honor then sentenced the prisoner to death.

The prisoner: That is all you can give mc. I am done then, but if" it is in my power I'll haunt those people who have persecuted mc.